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Middle School Siting Could Pit MCPS Against Parks

The two departments disagree on the use of open space.

 

Montgomery County Public Schools now considers Rock Creek Hills Park to be an available site for a new middle school in the cramped Bethesda-Chevy Chase cluster, but the Maryland-National Capital Park and Planning Commission may need to lend its stamp of approval if the site is chosen.

Officials discussed the potential school site Wednesday at a second meeting of the committee tasked with finding a site for a new Bethesda-Chevy Chase cluster middle school. Rock Creek Hills Park is just one of the 25 sites still under consideration by the site-selection committee.

The Board of Education selected Rock Creek Hills, a Kensington park, in a site-selection process last year that lead neighbors and officials to question MCPS's transparency and civic engagement. After public concern with the process, the schools scrapped that decision and began a new siting process this winter, in part because officials weren't sure whether they could legally build a school there.

Now, however, MCPS believes there are no legal barriers to using Rock Creek Hills Park, should the site-selection committee choose it again, said Bruce Crispell, the schools' director of long-range planning.

The Maryland-National Capital Park and Planning Commission, however, would need to approve the construction of an MCPS building on the park, as it has authority over projects that would remove trees, a Park and Planning official said Wednesday.

The availability of Rock Creek Hills Park first came into question in the fall, when MCPS found out that about $170,000 of state Program Open Space funds were used to develop the park, and that accepting those funds put limitations on future uses of the site.

However, Superintendent Joshua Starr said in a Jan. 20 memo to the Board of Education that because the state funds were used to develop the park and not to purchase it outright, the restrictions will expire in February.

Part of the park once housed the now-closed Kensington Junior High School, and the deed to the land contains a reclamation clause that allows MCPS to buy the space back if it needs to build a school.

But under the county's Forest Conservation Law, the Planning Board has the authority to approve or reject any project that would remove trees from a site, county planner Fred Boyd explained Wednesday. A school on the partially forested Rock Creek Hills Park would likely fall into that category, he said.

Any school construction on the site would be subject to mandatory referral, a Park and Planning advisory review.

Park and Planning has in the past maintained its unwillingness to give up park land for public schools, an opinion voiced by Planning Board Chairwoman Françoise Carrier in two letters to MCPS

At its last meeting, the group trimmed 13 possible locations from MCPS's list of 38 potential locations — leaving 12 public and 13 private sites on the table — and discussed the pros and cons of the remaining 12 public sites.

The group went into closed session Wednesday to discuss the 13 privately owned locations that could house the new school.

The committee is scheduled to meet two more times, next on Feb. 8. After the final meeting the group will send its recommended school to sites Starr in February, and he will issue a recommendation to the Board of Education for a March vote.

Starr has said all along that MCPS needs to open the new school by 2017 in order to deal with overcrowding at Westland Middle School and counteract the district's projected enrollment growth. He said the restarted site selection will not delay that goal.

Related Topics: Joshua Starr, MCPS, ROCK CREEK HILLS MIDDLE SCHOOL, and Schools

lena

5:53 pm on Thursday, January 26, 2012

Rock Creek Hills has an uphill battle, no doubt, as the letter from the the State of Maryland Depart of Natural Resources sent to the President of RCHCA on November 4 makes clear, and just days before Starr reopened the site selection process again, because of concerns regarding the restrictions of POS funds which the Nov. 4th letter says is no impediment to the site reverting back to school use. This letter did not come to light for MCPS until Jan.19th. I know there are a lot of angry folks out there, still, my hope is that RCH will prevail. I think MCPS can do better and use some of the properties they already own, some centrally located, and would not take away so many trees.

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Gardez Bien

8:31 am on Friday, January 27, 2012

Regarding the November 4th letter: MCPS based a conclusion on one letter taken from a stream of communications between citizens and government officials. However, both the recipients and the author of the letter acknowledge that the letter was followed by other communications, that substantive issues still exist and are pending, and that the author of the letter committed to responding to the substantive issues. The core issue is that parks developed with LWCF and/or POS funds are protected by strict conversion restrictions, and arbitrary limits on enforcement of these restrictions have no basis in law.

Frank

6:02 pm on Thursday, January 26, 2012

Rock Creek Hills lived with KJH for four decades. It can live with it for another several decades. Montgomery County owned it all those years and it still owns it now. The trees on that site grew long after the original KJH was torn down. "Save the trees" is a phony argument.

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Gardez Bien

8:36 am on Friday, January 27, 2012

Rock Creek Hills Park is much smaller than the old KJH site: After the former Kensington Junior HIgh was razed, our county decided to devote the former school site to co-location of an elder housing facility with a small (two-field) soccer & neighborhood park. So, about one-third of the land was deeded to the Housing Opportunities Council, who financed with tax-exempt bonds the construction of 200 units of elder housing on much of the footprint of the old school. This took from the remainder of the site – today's Rock Creek Hills Park – much of the buildable land, road access to the North, and a through North-South roadway. Indeed, Rock Creek Hills Park fails to meet the overwhelming majority of the official middle school site selection criteria.

Regarding the age of the trees, the fact is that specimen trees in Rock Creek Hills Park include sawtooth oaks that are among the first planted in the State of Maryland, shortly after the Civil War.

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Tom

11:04 am on Friday, January 27, 2012

Frank-The tree issue involves compliance with the law, as Park and Planning said the other night.  Also, when they divided the site, two Council Resolutions and an Executive Order were issued setting out specific land use concerns, including restricting building on the slopes; limiting traffic; and satisfying compatible uses.  None of those concerns are being addressed in these discussions, even though they are specifically referenced in the transfer agreement that MCPS points to for the reclaim right.

Had the school official not ended discussion at the meeting the other night (after two comments), he would have learned that he had only one letter in a stream of communication; no documentation of funding sources has been provided after five months and multiple inquiries; in other situations, where the funding source is unclear, there is deference to the federal funding source; in cases of state funding, a limitation on conversion is contrary to the express terms of the statute; and the citizen and government recipients of the letter still are waiting for the DNR Secretary's response.

I don't see how we can heal the strained trust between the MCPS and the community if all sides are not open to accepting facts.-Tom

David

7:37 am on Friday, January 27, 2012

I don't know how many trees would be cut down or when they grew, but trees and parks are valuable resources. Parks and Planning is right to protect these. The school system treats parks like empty lots. I agree that MCPS should look to re-use its own properties. Individuals and families think that way when considering costs and stretching budgets.That would be the responsible thing for MCPS to do.

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Gardez Bien

8:47 am on Friday, January 27, 2012

Yes, we are fortunate to have a Parks and Planning Commission that is a good steward of parkland.

The Sawtooth Oaks of Rock Creek Hills Park were among the first planted in the State of Maryland, after the introduction of the tree into this country in the late nineteenth century.

Mr. Ed

9:25 pm on Wednesday, February 1, 2012

It is nearly impossible to build a school without removing trees, period. public or private land.
Forget Rock creek hills park for a second, are we really seriously saying that a soccer field and some trees are more important than educating are children. I hope we have not come to that. We can plant replacement trees, (no net loss). How many trees do you think were removed to build your houses, the kensington retirement community, or the streets and bike paths you use or the soccer fields for that matter.
So lets preserve the parks, pay 1-5 million dollars plus an acre for private land and still take down trees.

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Tom

10:09 pm on Wednesday, February 1, 2012

Ed-There are provisions for tree replacement, but these issue are somewhat compounding.  You add the fact that the site size was reduced by > 1/3; the loss of a separate access road; the county Planning memos describing the limited opportunity for building and the inadequate infrastructure; and the concerns for site use in 2 Council Resolutions and an Executive Order, and you come to the conclusion that the site is unworkable. 

As for the soccer fields, they were developed with specific federal and/or state funds (DNR, after over 5 months, can't or refuses to document the actual funding source), which carry legal restrictions on converting the land from park use (to its detriment, MCPS appears to be choosing to ignore these restrictions at this time).  If the county and state didn't want these restrictions to attach to the land, they shouldn't have used these specific federal and/or state funds to develop the park.-Tom

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David

9:00 am on Saturday, February 4, 2012

The value of 'Education' is not questioned. I would hope county residents value 'Parks' as places that everyone uses- those with older kids, those with no kids - throughout life. School organizations tend to assume 'it's for our children' is an argument that trumps all others. I resent that line of thinking when it replaces real long-term planning, fiscal responsibility and respect for all county residents. The more I've looked at the sites under consideration, the more it seems like the old Lynnbrook elementary school building makes sense. MCPS would be using its own resources, and parks could provide the playing field next to it. That kind of inter-agency cooperation would should be respected by everyone- those with and without kids. We all count. And we're all funding these important decisions.

lena

9:47 am on Thursday, February 2, 2012

From what I hear, there is a movement afoot to build consensus to place the new school in North Chevy Chase Park. It is sickening to contemplate yet another park being considered. NO PARKS should be on the list. It is inappropriate for MCPS to be pilfering land from another county agency because they have failed miserably at long range planning, in many instances misusing their own inventory of properties. What happens in the next go round when a new high school is needed? Which other park will go under? This is wrong Mr. Ed. And please don't say that I consider dog pooping green space to be more important than kid's education. That argument is silly and unbecoming as adult discussion. Parks should NOT be pitted against schools. People need parks for physical and mental well being. We also need trees to clean the increasingly filthy air that we breathe. Parks are not superfluous!

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