County Council Adds Language to Sector Plan

The Montgomery County Council voted to add text to Kensington's pending sector plan at a meeting Tuesday, looking to beef up language dealing with the Konterra property on Metropolitan Avenue.

Konterra has asked for a 75-foot maximum height on the property, 15 feet more than was initially proposed in the plan. The town has compromised with the developer, to identify the amenities Kensington wants and propose a design the community likes.

The new language approved by the County Council, introduced by President Roger Berliner, mandates that Konterra can only get 75 feet if the Planning Board rules that it has proposed a quality design, committed to amenities beyond what's required and achieved compatibility with the neighborhood.

"The goal is to build upon the charrette process that will be led by an independent third party, that will include meaningful participation from those who are affected but live outside Kensington," Berliner said.

But County Councilmember Marc Elrich said charrettes are hardly democratic, and he has little faith that the result will reflect the community's will. Furthermore, Elrich said, the Planning Board has already voted once on a 75-foot project on the site, resulting in unanimous rejection.

"This thing’s already been through a process," he said. "What you’re doing is giving the developer a second bite at the apple for something Park and Planning already said was too big."

Elrich was the lone opponent of the language, however, and other members of the council said they had faith that the Planning Board would only approve 75 feet if Konterra came through with a plan to go above and beyond what's required under county zoning laws.

Among the amenities many residents want is a pedestrian and bike crossing over the train tracks, linking Konterra's Metropolitan Avenue property to the shops and restaurants on Howard Avenue.

Representatives from Konterra have asked that the council suggest, not mandate, the developer build the crossing, worrying that a requirement would allow CSX, which owns the tracks, to ask too high a price for the project.

But County Councilmember George Leventhal is optimistic a deal can be orchestrated. There is a similar cross-track walkway at Montgomery College in Takoma Park, he pointed out.

Elrich, on the other hand, said the crossing is unlikely. Instead, Konterra will probably choose to build smaller, cheaper amenities laid out in the zoning code that will allow the company to reach a 75-foot maximum.

"You’re not going to get any substantial benefits, because MARC's not letting you build a bridge across that railroad, and no developer in their right mind would pay for a bridge across the railroad because it’s too darn expensive," Elrich said.

But planning staff said the added language makes it clear that only a design that exceeds what's required should be granted the 75-foot max.

Planner Fred Boyd said that, before going before the Planning Board, any proposed building on the site will land on his desk, and he fully understands the council's intent and the requirements for maximum density.

"I think that we will be able to make the necessary determination, and I would say for myself that it will not necessarily be easy for an applicant looking for the additional 15 feet to meet the standards being set here," he said.

The County Council will take up the plan again at its March 20 meeting, likely taking a final vote on the document.