The Alternative Resolution

Our City is desperately divided over the Junction development, and in urgent need of a sensible compromise to avoid a legacy of bitterness, alienation, and political disruption. We need to start healing and moving forward together. As we face the Council’s vote this week, there is only one clear pathway to do that: the Alternative Resolution.

This Wednesday, the City Council has before it two separate resolutions on the Takoma Junction development, both listed on the agenda. The second resolution up for a vote is the resolution to greenlight the Junction development and send it on to the County and State agencies. But the first resolution on the agenda is an Alternative Resolution, requiring the City to allow completion of the mediation with the Co-op, get clarity on when and how traffic will be configured and who will pay for it, analyze the racial equity impact of the development, and hold a mediated process for the community to consider alternatives and reach a better consensus on the development, before voting to greenlight the development plan. There has also been a proposed amendment specifying that the developer should not become the Co-op’s landlord on the City lot until those four conditions are met (amendments in italics in the Alternative Resolution below).

But, the Council will not even discuss this Alternative Resolution, unless a Councilmember agrees to second Councilmember Smith’s move to consider the resolution. At present, no Councilmember has said they will second it. Voting it down is one thing. Refusing to discuss it, is quite another.

 

Please contact your Councilmember and urge them to second the move to consider the Alternative Resolution.

 

ALTERNATIVE RESOLUTION REGARDING THE TAKOMA JUNCTION SITE PLAN

OFFERED BY COUNCILMEMBER JARRETT SMITH

WHEREAS the City Council entered into a Development Agreement with Neighborhood Development Company (NDC) on August 1, 2016 with objectives including provision of public or community spaces that result in enhanced interactions, expansion of community use of public space, support of independent businesses, expansion of parking options for area businesses, improved mobility and enhanced streetscape, encouraging alternate modes of transportation, and a retail tenant mix with a high priority for local and regional operators;

WHEREAS after conducting a Community Consultation process and engaging in extensive communications with City staff and City Council members, NDC shared a draft Site Plan in September 2017 that was not sufficiently responsive to the terms of the Development Agreement;

WHEREAS City Council Resolution 2017-53 of October 25, 2017 called upon NDC to revise the Site Plan to incorporate eleven specific changes;

WHEREAS the presentation of NDC’s revised Site Plan is still incomplete in several key respects and fails to meet several terms of Resolution 2017-53;

WHEREAS NDC’s revised Site Plan now relies upon the removal of the signal and crosswalk at Grant Avenue and the reconfiguration of the intersection of Carroll, Ethan Allen, and Sycamore Avenues in order to accommodate a truck lay-by and public space;

WHEREAS the traffic impact analysis commissioned by NDC does not make clear the methodology by which it projects that the existing intersections will fail in the absence of intersection reconfiguration and also does not take into account potentially positive traffic impacts of the Purple Line and intersection improvements nearing completion at Ethan Allen Avenue and New Hampshire Avenue as well as the closure of Washington Adventist Hospital;

WHEREAS an analysis of the traffic impact study commissioned by NDC, indicates that the large-scale retail and office development proposed by NDC would introduce more traffic to the Junction than the current configuration of intersections can handle during peak hours;

WHEREAS there are many reasons to question the feasibility and advisability of such an intersection reconfiguration, based upon the reliance of such a project on the State Highway Administration; as well as uncertainty about the direct and ancillary costs, the funding sources, the possible impacts on downstream intersections, cut-through traffic, pedestrians, cyclists, and nearby businesses’ viability, and the “induced demand” which NDC’s traffic consultants acknowledged would be inevitable, as well as uncertainty about the impacts on the historic character of the Junction resulting from roadway realignments and on the quality of life in Takoma Park due to increased capacity for vehicles in the 410 and Carroll Avenue corridors;

WHEREAS NDC and the Takoma Park Silver Spring Cooperative Inc. (Co-op) have not yet reached final agreement on accommodations for the Co-op’s continued operations;

WHEREAS the Mayor, on behalf of the Council, in a letter of May 24th, 2018 to NDC and the Co-op, specified that the Council had approved up to $5,000 to support a mediation process between the two parties, that the mediation should conclude by early September, and that the goals of such mediation would be (1) to build trust between the parties, and (2) to reach agreement in a timely fashion on outstanding issues, including but not limited to deliveries, trash and recycling, parking, and preliminary plans for continuity of operations during construction;

WHEREAS such a mediation process has been entered into by both NDC and the Co-op with the understanding that the Council’s definition of what would constitute a timely fashion would be a conclusion by early September, not late July;

WHEREAS the City Manager, in a letter to the Co-op, informed the Co-op that as of September 1st, 2018, the City was canceling its contract of 20 years with the Co-op under which the Co-op paid the City for the use of a portion of the City parking lot that the Co-op has used for deliveries, trash and recycling, and parking; and in the same letter communicated to the Co-op that it should now negotiate terms for renting or otherwise being permitted to use any of the lot with NDC as of September 1st;

WHEREAS the current revised start date for the Ground Lease of September 1st is an arbitrary date unrelated to an immediate use of the lot by NDC, and furthermore, by imposing such a certain near date of a landlord-tenant relationship between NDC and the Co-op, regardless of the results of their current mediation and in the midst of said mediation, may unnecessarily complicate and potentially disrupt the mediation process and thus jeopardize the long term success of the Junction redevelopment;

WHEREAS NDC had previously sought and received approval from the City Manager for a postponement of the start date for the Ground Lease, thereby indicating that a further postponement of such start date and of the related payment of rent and any assessed taxes by NDC that such start date requires would not impose a hardship on NDC;

WHEREAS NDC has not yet provided a signed lease or Letter of Intent with an anchor tenant, and the City Council needs this information to be able to evaluate the suitability of the project for the community;

WHEREAS the City has not produced a racial or socioeconomic equity analysis of the impact of the proposed development, or a Racial Equity Statement;

WHEREAS the community is deeply divided over the current site plan, with a critical need for building greater consensus around an appropriate development through a community process of charrettes, Town Halls, and mediation;

BE IT THEREFORE RESOLVED that the City agrees to wait for a vote on the NDC proposal until the following conditions are met:

(1) The mediation with the Co-op has been concluded, and the Council, after public consultation with both NDC and the Co-op, has determined that the outcome of mediation between NDC and the Co-op offers reasonable accommodation for the Co-op’s deliveries, trash and recycling operations, parking, and continued operations before, during, and after construction and development of the project site;

(2) We have clarity on how and whether the intersection should or would be reconfigured, who would pay for it, and how the intersection would function if the development is built before (or without) a reconfiguration;

(3) The City undertakes a racial and socioeconomic equity analysis and releases a Racial Equity Statement for the proposed development;

(4) The City holds an effective, mediated process for resolving the problems outlined here, including charrettes, and a Town Hall process to consider alternatives, and to help residents to better understand the reasons for any development, and to seek greater consensus in the community around any changes that can and should be made;

AND BE IT FURTHER RESOLVED THAT the Council does hereby direct the City Manager to take such actions necessary as to cause (1) the immediate suspension of both the effective start date of the Ground Lease to NDC and the effective date of the termination of the Land License Agreement with the Co-op and (2) the indefinite postponement of both such dates until the conditions outlined above have been met and the Council has voted to approve a site plan/preliminary plan agreed to by NDC for the Junction redevelopment project.

 

 

Author: Susan Katz Miller

http://onbeingboth.wordpress.com/