NDC Threatens Co-op, Again. Layby Rejected, Again.

A lot has happened since our last post on April 21st.

The State Highway Administration (SHA) has now rejected the layby (a delivery zone for trucks on Carroll Avenue), three times. And yet, the Neighborhood Development Company (NDC), continues to try to push their Takoma Junction development through. In essence, the footprint of the NDC plan is too big, creating multiple problems, including pushing the delivery zone into the intersection.

In their latest maneuver, NDC has submitted a plan (never seen by the public) for a shorter lay-by, which would exclude the largest trucks and the pallet jacks needed to unload them. This appears to be a violation of all the agreements requiring accommodations to keep the Co-op open. It is unclear whether City staff or Council were aware of, or okayed, the new plan. At the bottom, we post a new letter from Takoma residents who closely follow the Junction process.

But first, a recap of the flurry of events since our last post:

  • May 13 2021. The judge rules for the Co-op, granting a temporary Preliminary Injunction, allowing the Co-op to continue to use the lot for deliveries until the actual trial, which may be a year away.
  • May 18/19 2021. NDC immediately writes back to the SHA, with various accusations and complaints, rebutting the SHA’s findings yet again, and submitting the plan yet again. They include a new plan, reducing the layby length from 140 feet to 85 feet, which would exclude the largest trucks, and the pallet jacks needed to unload them. This new layby plan, never seen by the public, would apparently violate NDC’s Development Agreement with the City, the City’s 2018 Resolution, and NDC’s mediated Cooperation Agreement with the Co-op.  All three of these agreements state that any plan must accommodate the Co-op’s deliveries
  • May 24 2021. A letter from the SHA to NDC rejects the layby for a third time. But SHA also agrees to review NDC’s new plan for a shorter layby.
  • May 28 2021. Takoma Park residents write a letter to the SHA, questioning the assertions in NDC’s May 18/19 letter, and questioning NDC’s authority to submit a new layby plan that violates agreements with the City and Co-op.

For a complete history of the Junction starting in 1992, see our timeline HERE.

Protest at the Junction

A lot has happened at the Junction this week. And now, the City must decide between the developer, and the Co-op.

On Thursday night April 15th, a lawyer for the Takoma Junction developer (NDC) sent a “cease and desist” letter to the Co-op, telling them to halt all Co-op deliveries on the City lot immediately. They gave the Co-op 30 days to vacate the lot completely. This would potentially shut down the Co-op. And it would put the parking for all the Junction businesses in peril.

The next day, Friday, residents began arriving at the Junction to make sure the Co-op could receive deliveries. On Saturday and Sunday, those who love the C0-op, support local businesses, and are through with this developer, held protests at the Junction. Some 150 protesters occupied all three Junction sidewalks (both sides of Carroll and BY Morrison Park in the middle). Cars honked support as they drove through.

Even some who had previously supported the development expressed shock at this bullying of the Co-op, a community-owned institution that fed many of us through the pandemic. A flood of comments supporting the Co-op and calling for the end to the deal with NDC came in through the City’s Junction feedback comment form (Please post your comment!). It has become clear that you can no longer say you support the Co-op, and also support this development. Small local businesses and non-profits that had remained quiet, began speaking out. The photos here are a record of some of the signs. The overall message was #DropNDCNow and #SupportLocalBusinesses

The protest was covered by NBC Channel 4 News at six o’clock on Saturday night. Eric Bond was there recording interviews for his WOWD Takoma Radio news show, Talk of Takoma. His audio montage of “person on the street” voices, with the sounds of the protest in the background, was broadcast on Sunday.

On Monday morning, the struggle at the Junction was featured on Joni Eisenberg’s WPFW show, To Heal DC. Eisenberg, an activist who has lived in Takoma Park since 1979, called it a “Shocking situation in Takoma Park.” She connected this struggle to the activism of Sammie Abbott. “This is not just about Takoma Park. It’s not just about a health-food store. It’s about gentrification, and how it’s impacting the entire country,” Eisenberg stated. “We’re going to need to mobilize, together, to fight this developer, and to make sure the City of Takoma Park stands up for what is right for all of us.”

Listen here, starting at 2:30:

Developer Versus Co-op, To Heal DC, WPFW, April 19 2021

At this point, lawyers (presumably for the developer, City, and Co-op) are negotiating, and we have no idea what is happening. The Mayor and Councilmembers stopped giving substantive answers to resident questions, citing the legal proceedings. A series of three closed City Council meetings, with no public comments, began Monday night. All we know is that “fixing” the situation has to mean more than just letting the Co-op back on the lot. We must part ways with this developer.

Background on What Just Happened (for dates and links, keep scrolling down):

  • County reviewers find the layby unsafe.
  • City staff post some suspiciously unsubstantiated claims about the current Co-op delivery system on the lot being unsafe (and other new and bizarre claims about the development plans).
  • Co-op and residents challenge the City Manager to provide evidence.
  • No evidence forthcoming of danger on the lot, used for deliveries for decades.
  • State Highway Administration (SHA) says NDC’s proposed layby delivery system on Carroll Ave is not safe, cannot be approved.
  • This is not surprising. Residents and Councilmembers had concerns about the layby going back to 2015, and County and State reviewers expressed concern about it at several previous points in the review.
  • Without the layby, the developer cannot build something this big, or make as much money.
  • Then, NDC breaks their agreement with the City and Co-op by sending the Co-op the cease-and-desist letter.

For all the recent correspondence and relevant documents in one place, here is a timeline with links:


2/2/21 
County Department of Transportation (MCDOT) letter cites safety concerns with the layby

3/10/21  City posts “Fact Sheet” (later removed) on City web site alleging current unsafe delivery conditions on the lot

3/17/21  Co-op response to City Manager about City “Fact Sheet”

3/17/21  City Manager response to Co-op 

3/31/21  Co-op response to City Manager asking City to correct the “Fact Sheet” and post Co-op’s responses

4/13/21  State Highway Administration determines layby is unsafe

Plan Analysis for Takoma Junction

Video presentation of Community Vision for Takoma’s analysis of the April 2021 proposed plans for Takoma Junction development.

CVT’s Takoma Junction Town Hall, April 9 2021


NEW: State Highway Rejects Layby

The State Highway Administration (SHA) released their finding this week that the proposed layby is not safe, and cannot be approved. This confirms concerns about a Junction layby going back to the beginning of the development process. The City review process is now on hold, while the City and developers figure out how and whether to continue pursuing this plan.

Traffic, Public Space, Stormwater, Trees, High Rents

But the layby is not the only outstanding issue with the current plans. Just before the SHA put out their finding, Community Vision for Takoma (CVT) shared this video of our plan analysis. It was recorded at our Takoma Junction Town Hall on April 9th. Our team of resident experts compared the current plans to the City commitments in the Development Agreement of 2016, and 2018 Resolution.

We found these plans meet almost none of the City Council’s own requirements for the project, nor did they respond to the County staff concerns.

This video presentation documents:

  1. The unsafe layby
  2. Traffic and parking pushed into back streets
  3. Inadequate public space
  4. Inadequate parking and effect of construction on local businesses
  5. A rear facade that looms over Columbia
  6. Inadequate stormwater treatment
  7. Reduction and destabilization of the forest in the back
  8. New stairs making it difficult and unsafe for wheelchairs and strollers
  9. High rents that will drive commercial gentrification
  10. Refusal to recognize the value of open space in the pandemic