Letter to Councilmembers Lewis George and Frumin
Dear Councilmembers Lewis George and Frumin:
I'm sure that you have had a chance to review the results from the bidders from last Saturday's Disposition Hearing. I hope that you have also realized by now that all of the proposals are not consistent with the FLUM, Comprehensive Plan and the Chevy Chase SAP.
The proposed upzoning of the Chevy Chase clearly violates the Comp Plan. The Future Land Use Map designates the Chevy Chase Commons (aka Civic Site) as Moderate Density Residential/Low Density Commercial and Public Facilities. What is proposed is clearly Medium Density Residential or greater, in violation of the Comp Plan and the Future Land Use Map.
Several photos can quickly demonstrate the Zoning Commission’s and DMPED’s problems.
The Comp Plan Framework Element contains definitions of density. Along with the verbal description the Comp Plan has a photo illustrating each level of density to make it very easy to visualize what the definition means. Let me show you from the 2021 Comp Plan Framework Element pages 58 and 59 (attached). Again, I emphasize these photos are part of the text of the Comp Plan. These are not illustrative photos I chose from some other source to demonstrate what each level of density means. This what the Council approved:
Now, let’s look at the photos from the RFP public “meeting” from last week. Do the below photos look like “Moderate Density”? Absolutely not.
Let me juxtapose 2 photos. The one on the left is from the Comp Plan and shows row houses illustrating residential “Moderate Density”. The one on the right shows a huge thick 7 story building proposed for the site:
Finally, the attached definition of Moderate Density states RF, R-3 and RA-2 are examples of Moderate Density zones. RF are single family homes and 2 family flats, R-3 are limited to 3 stories and 40 feet in height. RA-2 is limited to 50 feet and a FAR of 1.8. On the other hand, RA-3 is given as an example of a Medium Density zone. And, RA-3 has a FAR of 3.0, which is the FAR proposed for the "Civic" site (without IZ).
It is obvious that the proposed upzoning of the Chevy Chase Commons "Civic Site" violates the Comp Plan and the Comp Plan definition of Moderate Density.
The definition on pages 58-59 of the Framework Element are attached, but I say just look at the photos. Leonardo da Vinci wrote, a poet would be "overcome by sleep and hunger before [being able to] describe with words what a painter is able to [depict] in an instant." Or, more often quoted for a jury is simply, ‘A picture is worth a thousand words.’
What is proposed clearly isn’t Moderate Density. Moderate Residential Density and Low Commercial Density are allowed under the 2021 Comprehensive plan.
CCV is right, OP, DMPED and the Zoning Commission are wrong. CCV is going to prevail. This is exactly why Chevy Chase should have a contested zoning hearing, so that this sleight of hand zoning process can be examined and cross-examined under a magnifying glass. The corrupt process that has brought us to this point must end now. I urge you both to demand transparency, support the appeal for a contested zoning hearing and halt the surplus process. I also hope that you will encourage Chair Mendelson to stop B26-0048 - Review of Agency Action Clarification Amendment Act of 2025, as it is clearly impossible for any judge to state that an agency decision is "plainly wrong" or not. While we may not like the Supreme Court decision overturning the Chevron Doctrine on a federal level, we desperately need judicial oversight on the local level, for situations such as plainly wrong zoning decisions that intentionally break the law.
Sheryl Barnes, on behalf of Chevy Chase Voice
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