Forest Grove Cit. Ass'n v. Forest Glen Med. Ctr.
CourtCourt of Special Appeals of Maryland
Date FiledMay 29, 2026
Docket2475/24
JudgeLeahy
StatusPublished
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Full Opinion
Forest Grove Citizens Association, et al. v. Forest Glen Medical Center, LLP, et al.
No. 2475, Sept. Term, 2024
Opinion by Leahy, J.
Administrative Law > Judicial Review > Standard of Review
Where, as here, a party claims that an administrative agency’s decision is void as a matter
of law, we review whether the circuit court was “legally correct” in its determination. See
Halici v. City of Gaithersburg, 180 Md. App. 238, 249 (2008) (explaining that “a challenge
to the statutory authority of the administrative body to take the action at issue” is a “purely
legal issue” that may be considered by the reviewing court “at any time, even if it were not
raised before the agency”). Because the resolution of this issue requires statutory
interpretation, which is a question of law, we review the circuit court’s decision de novo.
M-NCPPC v. Anderson, 395 Md. 172, 181 (2006).
Zoning and Planning > Regional District Act > Montgomery County Code >
“Applicant”
Section 50-2.2(A) of the Montgomery County Code defines an applicant as an “individual,
partnership, corporation, or other legal entity and its agent that undertakes the subdivision
of land[,]” including “all persons involved in successive stages of the project, even though
such persons may change and ownership of the land may change.” MCC § 50-2.2(A). This
provision expressly contemplates that the entities involved in a project may shift over
time—and even ownership of the land itself may change—without undermining the
validity of the application.
Principal and Agent > Creation and Existence of Agency Relationship
Above all, the record in this case established that at the time of the Planning Board Hearing,
JLB Realty maintained the actual authority to pursue—and otherwise act in furtherance
of—the Plans as the developer and agent of Forest Glen Medical Center LLP (“FGMC”),
the property owner. An actual agency-principal relationship may be established “by
written or spoken words or other conduct of the principal which, reasonably interpreted,
causes the agent to believe that the principal desires him to act on the principal’s account.”
Citizens Bank of Md. v. Md. Indus. Finishing Co. Inc., 338 Md. 448, 459 (1995) (quoting
Restatement (Second) of Agency § 26) (internal quotation marks omitted). The purchase
contract and its expiration date do not determine the issue. What is most relevant are the
written words contained in FGMC’s authorization letter to JLB Realty and the subsequent
conduct of the principal, here FGMC.
Zoning and Planning > Regional District Act > Sector Plan
To the extent the Montgomery County Code has “elevated” the 2020 Forest
Glen/Montgomery Hills Sector Plan Sector Plan by requiring the Planning Board demand
substantial conformance to master plan (or sector plan) recommendations, see Greater
Baden-Aquasco, 412 Md. at 100-01, we observe that substantial conformance is not the
same as strict conformance. We have explained that even when a sector plan is binding on
the Planning Board in terms of what the Board “must find,” the Sector Plan’s specific
“recommendations” may remain “aspirational rather than mandatory.” Pringle v.
Montgomery Cnty. Plan. Bd. M-NCPPC, 212 Md. App. 478, 489 (2013). To hold
otherwise would require us to read “recommendations” as “requirements,” and equate
“substantial conformance” with mere “conformance,” running contrary to our canons of
statutory interpretation. See Koste v. Town of Oxford, 431 Md. 14, 25-26 (2013).
Circuit Court for Montgomery County
Case No. C-15-CV-24-001622
REPORTED
IN THE APPELLATE COURT
OF MARYLAND
No. 2475
September Term, 2024
______________________________________
FOREST GROVE CITIZENS ASSOCIATION,
ET AL.
v.
FOREST GLEN MEDICAL CENTER, LLP,
ET AL.
______________________________________
Leahy,
Reed,
McDonald, Robert N.
(Senior Judge, Specially Assigned),
JJ.
______________________________________
Opinion by Leahy, J.
______________________________________
Filed: May 29, 2026
Pursuant to the Maryland Uniform Electronic Legal
Materials Act (§§ 10-1601 et seq. of the State * Judge Rosalyn Tang did not participate in the
Government Article) this document is authentic.
decision to report this opinion pursuant to Md.
Rule 8-605.1.
'00'04- 15:05:48 2026.05.29
Gregory Hilton, Clerk
As our Supreme Court once observed, “Montgomery County is somewhat unique
in the source and exercise of its municipal authority to regulate the use of land.” Remes v.
Montgomery Cnty., 387 Md. 52, 70 (2005). Most chartered counties in Maryland derive
their zoning and planning authority from the Express Powers Act, now codified at
Maryland Code (2013), Local Government Article (“LG”), §§ 10-101-330. However,
Montgomery County’s zoning power originates in the Regional District Act, a statute that
“divides broadly authority related to zoning, planning, and other land use matters between
the [Prince George’s and Montgomery] county (district) councils, the Maryland-National
Capital Park & Planning Commission [(“M-NCPPC”)], and the county planning boards.”
Cnty. Council of Prince George’s Cnty. v. Zimmer Dev. Co., 444 Md. 490, 525-26 (2015);
see also Pan American Health Organ. v. Montgomery Cnty., 338 Md. 214, 217-18 (1995);
Council of Chevy Chase View v. Rothman, 323 Md. 674, 685 (1991); Northampton Corp.
v. Prince George’s Cnty., 273 Md. 93, 96 (1974). Overall, subject to exceptions not
relevant here, “Montgomery County’s zoning authority arises from the Regional District
Act, and is regulated by the provisions of the Montgomery County Code.” Remes, 387
Md. at 71.
In this appeal, three different but interrelated chapters of the Montgomery County
Code (“County Code” or “MCC”) govern our analysis: Chapter 22(A) (“Forest
Conservation Law”), Chapter 50 (“Subdivision Regulations”), and Chapter 59 (“Zoning
Ordinance”).1 Respectively, these chapters prescribe the requirements for a preliminary
plan, a “drawing for a proposed subdivision submitted for approval before the preparation
of a plat[,]” MCC § 50-2.2; a site plan, a “detailed overview of the applicant’s
development[,]” MCC § 59-7.3.4(A)(4) (2014); and a forest conservation plan,
MCC § 22(A)-11(b)(2)(A).
Forest Grove Citizens Association, Nandini Arunkumar, Pamela Stanziani, and
Friends of Sligo Creek (collectively, “Appellants”) filed the underlying petitions for
judicial review in the Circuit Court for Montgomery County. Appellants challenged a set
of resolutions (“Resolutions”) by the Montgomery County Planning Board of the
M-NCPPC (the “Planning Board” or “Board”), appellee, approving a preliminary plan, site
plan, and forest conservation plan (collectively, “Plans”). These Plans, submitted by
developer JLB Realty LLC (“JLB Realty”), involve the proposed redevelopment of a
3.78-acre property on Georgia Avenue facing the Forest Glen Metro Station (the
“Property”) owned by co-appellee Forest Glen Medical Center, LLP (“FGMC”). After a
hearing, the circuit court affirmed the resolutions, and this appeal timely followed.
Appellants present three questions for our review, which we rephrase as follows:2
1
The County Code is available online at
https://codelibrary.amlegal.com/codes/montgomerycounty/latest/overview.
2
The Appellants’ questions presented in their brief are:
1. Did the Planning Board err when it approved JLB Realty’s
Preliminary Plan, Site Plan, and Forest Conservation plan, even after JLB
(Continued)
2
I. Are the Resolutions void as a matter of law because the purchase
contract between JLB Realty and FGMC expired prior to their
issuance by the Planning Board?
II. Is there substantial evidence in the record to support the Planning Board’s
determination that the preliminary plan and the site plan substantially
conform to the 2020 Forest Glen/Montgomery Hills Sector Plan?
III. Is there substantial evidence in the record to support the Planning
Board’s grant of the tree variance request associated with the forest
conservation plan?
For the reasons that follow, we affirm.
BACKGROUND
The Property
The facts of this appeal are generally not in dispute. The Property is located in the
northeast quadrant of Georgia Avenue and Forest Glen Road in Silver Spring, Maryland,
directly across from the Forest Glen Metrorail Station. It is zoned CRT-2.5, C-2.5, R-2.5,
H-120’3 under the Montgomery County Zoning Ordinance (“Zoning Ordinance”), codified
Realty no longer held any interest in the Subject Property or the associated
development application?
2. Did the Planning Board err as a matter of law by finding that the
Preliminary Plan and Site Plan substantially conform with the applicable
Master Plan?
3. Did the Planning Board violate Maryland’s Forest Conservation
Law by approving JLB Realty’s request for a variance to remove eight
Protected Tress and disturb the area within the critical root zone of one
Protected Tree as part of the Forest Conservation Plan?
3
The number immediately following the “CRT” classification represents the
maximum total floor area ratio (“FAR”) for the site; the numbers following the “C” and
“R” represent the maximum non-residential and residential FAR, respectively; and the
(Continued)
3
at Chapter 59 of the County Code. Under the Zoning Ordinance, a CRT zone—which
stands for a Commercial Residential Town zone—is “intended for small downtown,
mixed-use, pedestrian-oriented centers and edges of larger, more intense downtowns[,]”
MCC § 59-4.5.1(C), and is designed to, among other things, “implement the
recommendations of applicable master plans[.]”4 MCC § 59-4.5.1(A).
The governing master plan for the Property is the 2020 Forest Glen/Montgomery
Hills Sector Plan (the “Sector Plan”), which, in turn, represents “a comprehensive
amendment to portions of the approved and adopted 1989 Master Plan for the Communities
of Kensington-Wheaton[.]” According to its own abstract, the Sector Plan “provide[s]
comprehensive recommendations for the use of public and private lands,” which “should
be referred to by public officials and private individuals when making land use
decisions[.]”
The Property is described in the Sector Plan as follows:5
Constructed in 1967, the existing medical office building and associated
number following the “H” refers to the maximum building height in feet. See MCC §
59-2.1.3(D)(2); see also MCC § 59-4.5.2(A)(2).
4
The County Code provides that a “plan” means “the General Plan, an area master
plan, a sector plan, the Master Plan of Highways, a functional plan, and any amendments
to those plans,” MCC § 33A-2, but it does not specifically define “sector plan.” We
recently observed, however, that such plans are “widely used in both Montgomery and
Prince George’s Counties” and described them as “detailed plans for the development of a
portion of one or more master planning areas[.]” Heard v. Cnty. Council of Prince
George’s Cnty., 256 Md. App. 586, 610 n.15 (2022).
5
The Sector Plan describes the Property as “as a special exception in [an] R-60
zone,” and recommends its rezoning to CRT-2.5, C-2.5, R-2.5, H-120’. The Property had
already been rezoned as recommended prior to the approval of the Plans.
4
parking lot are situated on roughly 3.9 acres across multiple lots. . . . [T]he
building is nearing the end of its useful life and continuing maintenance and
upgrades may begin to exceed the cost of new development. On the site, a
roughly 1.25-acre vegetated area currently serves as a buffer between the
office building and adjacent residences.
The Sector Plan further outlines specific recommendations for the Property. Among
other things, for the Property’s land use and zoning, the Sector Plan recommends
“[p]rioritiz[ing] affordable housing and habitat preservation and restoration as the top
public benefit for optional method development.” Specifically, the Sector Plan notes:
Any optional method project that includes residential dwelling units should
provide a minimum of 15 percent [Moderately Priced Dwelling Units
(MPDU)]. In addition, with redevelopment, a minimum of 25 percent of
the units should be two-bedroom units and five percent of the units
should be three-bedroom units. Additionally, given the substantial
investment by the County in the Metro access tunnel construction, the Plan
recommends 10 percent of the units also be provided as affordable to
households earning at or below 100 percent of Area Median Income
(AMI).
(Emphasis added). Regarding the 1.25-acre vegetated area, which is “dominated by native
black locust trees[,]” the Sector Plan offers the following environmental recommendation:
[w]ith respect to the remnant forest, at the time of redevelopment,
maximum flexibility on the site should be given for providing an area of
equal environmental benefit that also provides for improved community
benefit and access. Equal environmental benefits may include improved
water and air quality, strategies that provide for reduced greenhouse gas
emissions and increased biodiversity and habitat protections, including
improved tree canopy. Development should also, as a part of its open space
requirement, preserve healthy indigenous trees and replant stratified
vegetation where possible.
(Emphasis added). Additionally, the Sector Plan outlines various recommendations for the
Property’s urban design and park access. Relevant to the Plans at issue in this appeal,
Section 7.3.4.(E)(2)(g) of the Zoning Ordinance and Section 50.4.2.(D)(2) of the
5
Subdivision Regulations require the Planning Board to find that a site plan application and
a preliminary plan application “substantially conform” with the recommendations of the
applicable master plan for approval.
FGMC and JLB Realty sign Contract to Purchase Property
FGMC has owned the Property Since 2003. On November 11, 2021, JLB Realty
entered into an agreement with the FGMC to purchase the Property.6 Subsequently, on
August 23, 2022, Harold Landis, the managing partner for FGMC, signed the following
letter:
Forest Glen Medical Center LLP is the Owner of the [Property].
* * *
This letter hereby affirms that J. Graham Brock at JLB Realty LLC, the
Contract Purchaser of the [Property], is authorized to sign for, file, and
pursue any and all applications and documents and permits on behalf of
Forest Glen Medical Center LLP, in connection with JLB Realty
redevelopment at the [Property]; including but not limited to
Maryland-National Capital Park and Planning Commission and other
applicable government agencies that may be required in connection with
pursuing land use entitlements for the proposed project on the [Property].
Such applications and documents may include, but are not necessarily
limited to, those associated with . . . Forest Conservation Plan and other
related requirements, . . . Sketch Plan review, Preliminary Plan of
Subdivision review, and Site Plan review (collectively, the
“Applications”).
* * *
JLB Realty LLC, by and through its authorized representatives and its
affiliated entities, is specifically authorized to (i) execute all necessary
application forms and documents, (ii) obtain plans and drawings, and
(iii) act on behalf of Forest Glen Medical center LLP in furtherance of
such Applications.
(Emphasis added).
6
This agreement between JLB Realty and FGMC is not in the record.
6
The Planning Board Approves JLB Realty’s Sketch Plan7
In November 2022, JLB Realty, as contract purchaser, submitted sketch plan No.
320230020 (“Sketch Plan”) for the Property to the Planning Board for approval, after
having a pre-submittal meeting with the community members in September 2022. In the
Sketch Plan, JLB Realty proposed replacing the existing medical office building with a
mixed-use building, a civic green space, stratified vegetation, and accommodation for the
tunnel access to Forest Glen Metro Station.
On March 20, 2023, the Planning Board staff members (“Planning Staff” or “Staff”)
issued a report, recommending approval of the Sketch Plan subject to certain conditions.
In relevant part, Planning Staff listed issues that JLB Realty, as applicant, needed to address
for the preliminary and site plans, including:
• “The Applicant must submit and receive approval of a Preliminary/Final
Forest Conservation Plan.”
• “Plantings should use a variety of native plants that provide habitat and
food sources for wildlife.”
• “The Applicant should revisit the unit mix provided with the development
in order to meet the Sector Plan recommendation . . . for 3-bedroom units.”
On March 30, 2023, following a public hearing, the Planning Board voted 4-0—
with one member abstaining—to approve the Sketch Plan subject to certain enumerated
7
According to the Zoning Ordinance, a “sketch plan” is a developer’s preliminary
development plan, which “describes a project at an early stage to provide the public and
the Planning Board the chance to review the proposed development for general design,
density, circulation, public benefits, and relationship to the master plan before a developer
is required to expend significant resources on design and engineering.”
MCC § 59-7.3.3(A)(2). A party filing a sketch plan “must own the subject property or be
authorized by the owner to file the application.” MCC § 59-7.3.3(B)(1). To be approved
by the Planning Board, the sketch plan must also “substantially conform with the
recommendations of the applicable master plan[.]” MCC § 59-7.3.3(E)(2).
7
conditions. In a written resolution, consistent with Staff’s comments, the Planning Board
noted that JLB Realty needed to address issues regarding the Forest Conservation Plan,
native plantings, and the unit mix when filing preliminary and site plans. Still, the Planning
Board concluded that the Sketch Plan “substantially conform[ed] to the recommendations
of the Sector Plan.” In a footnote, the Planning Board also clarified that “the term
‘Applicant’ shall . . . mean the developer, the owner or any successor(s) in interest to the
terms of this approval” for the purpose of its resolution.
First Petition for Judicial Review
Forest Grove Citizens Association, Nandini Arunkumar, and Pamela Stanziani
(collectively, “Forest Grove Petitioners”) filed a petition for judicial review in the Circuit
Court for Montgomery County from the Planning Board’s Resolution approving the Sketch
Plan. They claimed, among other things, that the signage notifying the September pre-
submittal meeting “was not in conformance with” the County Code requirements. JLB
Realty countered that its signage “substantially complied with necessary standards[,]”
arguing that both the sign’s content and the high attendance at the pre-submitting meeting
established that the notice was “fundamentally fair[.]”
On November 16, 2023, the circuit court issued a written order,8 which remanded
the case to the Planning Board “for further proceedings, without affirming, reversing,
modifying [its] action” and instructed that
on remand, the [] Planning Board shall consider and decide, based on the
record and without further factfinding, whether (1) substantial compliance
8
Although the order indicates that the circuit court also announced its oral ruling on
November 14, 2023, no transcript from that hearing is available in the record.
8
with pre-submittal meeting signage can satisfy applicable notice
requirements, and (2) if substantial compliance can be sufficient, whether
[JLB Realty’s] notice signs substantially complied with the applicable notice
requirements[.]
On remand, the Planning Board, by 5-0 vote, concluded that: (1) that substantial
compliance with pre-submittal meeting signage satisfies notice requirements under
applicable Maryland law; and (2) the pre-submittal meeting sign at issue “substantially
satisfied” all relevant statutory and regulatory requirements. The Planning Board further
noted, “[a]ny variations were de minimis.” Thereafter, in January 2024, JLB Realty filed
a motion with the circuit court to affirm the Planning Board’s approval of the Sketch Plan.
The Plans
While the judicial review of the Sketch Plan was pending before the circuit court,
JLB Realty filed three separate applications on August 23, 2023, for approval of
preliminary plan No. 120230160 (the “Preliminary Plan”), site plan No. 820230130 (the
“Site Plan”), and forest conservation plan No. F.20240040 (the “Forest Conservation
Plan”), respectively. As described by the Planning Board, the Preliminary Plan proposed
consolidating six existing lots on the Property into a single 3.78-acre lot to accommodate
5,000 square feet of commercial area and 420,000 square feet of residential development.
The Preliminary Plan also anticipated the creation of a separate parcel to be conveyed to
the Montgomery County Department of Transportation (“MCDOT”) for a new entrance to
Forest Glen Metrorail Station. Consistent with the Preliminary Plan, the Site Plan
presented a mixed-use building that would include “420,000 square feet of residential
uses[] for up to 390 multi-family dwelling units,” 15% of which would be MPDUs, and
9
“5,000 square feet of retail non-residential uses.” The public and private open spaces
proposed as part of the Site Plan included a through-block connection at the north of the
property, a civic green and urban plaza at the south of the Property, and streetscape
improvements along Georgia Avenue, Forest Glen Road, and Woodland Drive.
Additionally, the Forest Conservation Plan provided for “0.43 acres of forest
clearing” and included a “request for a tree variance for impacts to subject trees.” JLB
Realty sought a variance under MCC § 22A-21 to remove eight specimen trees that
measured 30 inches or greater “in diameter-at-breast-height (dbh).”
Agency and Staff Review
Planning Staff and multiple governmental agencies, including MCDOT, Maryland
State Highway Administration (“SHA”), and Montgomery County Department of Housing
and Community Affairs (“DHCA”), reviewed the Plans. On February 8, 2024, the DHCA
sent an approval letter to Parker Smith, a Planning Staff member, recommending approval
“subject to the condition that [JLB Realty] modify their floorplans to comply with the
bedroom count percentages as recommended” in the Sector Plan. The letter stated:
The development referenced above is within a CRT Zone (CRT-2.5, C-2.5,
R-2.5, H-120). Section 4.5.1.A.(1) of Chapter 59 states that the intent of
CRT zones is to implement the recommendation of applicable master
plans.
* * *
Although the development is meeting the requirements of Chapter 25A by
providing 15 percent MPDUs, they are not substantially meeting the
recommendations of the Forest Glen Montgomery Hills Sector Plan, and
therefore of the zoning requirements, by either providing 10 percent of
the units at 100 percent AMI and/or providing 25 percent of the units as
2-bedroom units and 5 percent of the units as 3-bedroom units[.]
10
To substantially comply with the Master Plan recommendations, DHCA
requests that the applicant provide 5 percent 3-bedroom units at the
time of the Agreement to Build. As currently shown on their plans, 25
percent of the units should remain two-bedroom units to also comply with
the Master Plan.
(Emphasis added).
Planning Staff subsequently issued an 83-page report (the “Staff Report”),
containing its recommendations and proposed conditions for approval of the Plans. The
Staff Report contained exhaustive descriptions of the Property and the Plans, supplemented
by photos, maps, and computer-generated graphics. It further incorporated data from a
school adequacy test and transportation impact study to confirm the Plans’ compliance with
the relevant standards and requirements. Additionally, Staff detailed JLB Realty’s
community outreach efforts, attaching letters from community members, pre-submission
meeting minutes, and supporting affidavits. Based on the record, Staff concluded that the
Plans “substantially conform with” the Sector Plan’s recommendations and meet “all
requirements of the Subdivision Regulations, Zoning Code, and Forest Conservation Law.”
In support of its conclusions, Staff detailed the Plans’ compliance with each
individual Sector Plan recommendation. On the issue of affordable housing, Staff noted
that, consistent with the DHCA’s February 8, 2024 approval letter, JLB Realty would
“provide a minimum of 15 percent [MPDUs], a minimum of 25 percent of the units as two-
bedroom units, and a minimum of 5 percent of the units as three-bedroom units.” Staff
observed that “[p]rojects are awarded 12 Public Benefit points for every 1 percent of
MPDUs provided greater than 12.5 percent[,]” and therefore the Site Plan, with 15%
MPDUs, “qualifie[d] for 30 Public Benefit points in the [MPDU] category.”
11
As for the environmental recommendation, Staff observed that the Property contains
0.2 acres of tree cover and 0.43 acres of forest, according to the Natural Resources
Inventory/Forest Stand Delineation (“NRI/FSD”). Staff noted that “[t]he Property has
many constraints and requirements shaping the design of the proposed development[,]”
including: “an existing sewer line running through the center of the Property that must be
relocated”; “the storm drain line and stormwater management handling runoff from
Georgia Avenue”; the tunnel connecting to the Forest Glen Metro Station”; and the “Sector
Plan requirement of providing a minimum of one-half acre of civic green[.]” Staff noted
that JLB Realty proposes clearing the existing vegetated area to accommodate a relocated
sewer line. Staff found that, “even though small patches of forest are valuable for the
wildlife habitat and many environmental benefits,” the existing forest was not a “healthy,
regenerative ecosystem” due to heavy infestation by non-native plants. Staff further noted
that JLB would provide 0.46 acres of stratified plantings to mitigate the environmental
impact, explaining:
These planting areas include native trees, shrubs, perennials, grasses, and
groundcover that provide a mix of habitat and food sources. Special attention
was paid to the needs of the members of the Lepidoptera order (butterflies
and moths), which is an important group due to their roles as pollinators and
food source for many other animals. For example, Willow Oak (Quercus
phellos) is one of the canopy trees and it provides acorns that are an important
food source for small mammals, as well as serving as a host plant for
Lepidoptera species. Mapleleaf Virburnum (Viburnum acerifolium)
produces fruit for wildlife and the flowers provide support for pollinators, as
well as hosting the larvae for many species of Lepidoptera.
Accordingly, Staff concluded that the Plans offer a “healthy alternative ecosystem to the
existing remnant forest and tree cover[.]”
12
In addressing JLB Realty’s tree variance request as part of the Forest Conservation
Plan, Staff concluded that denying the variance would result in an “unwarranted hardship”
by denying JLB Realty “reasonable and significant use” of the Property. Staff also
evaluated the Plans’ impact on each specimen tree, concluding that JLB Realty’s
development would result in “the removal of eight (8) Protected Trees and impacts
to . . . one (1) Protected Tree[.]” After identifying each tree’s species, location, and size,
Staff noted:
Trees ST-3, ST-7, ST-8, and ST-11 are located in the forest and vegetated
area in the northern portion of the Property. The Sector Plan granted
maximum flexibility for the removal and mitigation of the forest and
vegetated area. This area will be impacted by the relocated sewer line and
site grading, requiring the removal of these Protected Trees.
Tree ST-13 is located adjacent to the existing entrance from Forest Glen
Road and will be impacted by the removal of the pavement. Redevelopment
of the Property requires the removal of the entrance from Forest Glen Road
and regrading of the Property to meet the open space requirements of the
Sector Plan. It is also adjacent to the new entrance to the Forest Glen Metro
Station, requiring the removal of this Protected Tree.
Trees ST-15, ST-16, and ST-17 are located within the Woodland Drive right-
of-way. Required frontage improvements along Woodland Drive, including
adding on-street parking and upgraded pedestrian facilities, require removing
these Protected Trees.
Tree OST-1 is an off-site tree located in the Sherwood Road right-of-way
that will be impacted by utility construction in the paved area of Woodland
Drive. This tree will be retained with minor impacts.9
9
Staff also recommended to the Planning Board that, in order for Applicant to meet
the requirements of the applicable Forest Conservation law,
1.11 acres of forest mitigation credits must be purchased through a forest
conservation bank located in the Sligo Creek watershed or other Priority
Area. If no credits are available in a forest conservation bank located in the
(Continued)
13
The report concluded with the findings required for granting a tree variance. First,
Staff found, granting the variance would “not confer on the Applicant a special privilege”
because the variance concerned “site-specific recommendations in the Sector Plan . . . that
would be applicable to any redevelopment of the Property.” Second, the need for the
variance was “not based on conditions or circumstances which are the result of the actions
by the [A]pplicant,” but was instead “based on existing site conditions and the requirements
to meet development standards, Sector Plan goals . . . and County Code requirements.”
Third, the requested variance was “not based on a condition related to land or building
use . . . on a neighboring property[,]” but instead was “a result of the existing conditions
and the required improvements on the Property[.]” Finally, granting the variance would
not “violate State water quality standards or cause measurable degradation” because the
subject trees were not located within a “stream buffer, wetland, or a special protection
area.”
Board Hearing on the Plans
On March 7, 2024, the Planning Board held a public hearing (“Board Hearing”) on
the Plans. The Board Hearing began with a PowerPoint presentation by Parker Smith and
Amy Lindsey, Planning Staff members who provided an overview of the Property and the
Sligo Creek watershed or other Priority Area, the Applicant must purchase
1.32 acres of forest mitigation credits through a forest conservation bank
located elsewhere in the County. If no forest mitigation credits are available
for purchase at any forest conservation banks in the County, the Applicant
may make a fee-in-lieu payment to satisfy the 1.32 acres of reforestation
required.
14
proposed development. During the presentation, they addressed the community’s concerns
about the development, which included: (1) the creation of a new “access point” on
Woodland Drive; (2) the amount of parking; (3) the development’s scale, design, and
compatibility; and (4) the loss of existing forest.
Smith explained that a traffic study approved by Staff, MCDOT, and SHA
confirmed the necessity of the Woodland Drive access point. In response to the concerns
that the proposed development would worsen the traffic congestion at the Forest Glen Road
and Georgia Avenue intersection, he explained that JLB Realty would be “required to
signalize the intersection of Tilton Drive and Georgia Avenue[,]” thus providing an
alternative route for drivers. On the issue of parking, Smith highlighted that the Plans
proposed 466 parking spaces, which marks “a decrease of 74 spaces” from the Sketch Plan,
and would require residents to pay an additional parking fee as a “concrete financial
incentive . . . to limit car possession and use.” He also testified that concerns about the
development’s scale, design, and compatibility had been “addressed through extensive
coordination and design review[.]”
Addressing environmental concerns, Lindsey acknowledged that the Plans
“propose[] to remove all 0.43 acres of forest” on the Property, while providing, among
other things, “0.46 acres of stratified plantings” in mitigation. Nonetheless, Lindsey
presented multiple photographs showing the degraded state of the existing vegetation on
the Property, explaining that much of the visible greenery was caused by Evergreen
Euonymus, an “invasive species that has covered many of the trees[.]” Following this
15
presentation, Staff members affirmed that the Plans substantially conformed to the
recommendations of the Sector Plan.
The Planning Board also heard testimony from community members, many of
whom voiced their opposition to the Plans. Pamela Stanziani testified on behalf of the
Forest Grove Citizens Association, which she described as a “community whose members,
residents, are directly impacted by this development,” and expressed concerns with the
“proposed mass increase of cars traveling throughout [her] neighborhood” and with the
“lack of notifications to . . . association residents” throughout the development process.
She also emphasized the importance of “maintain[ing] a community as opposed to
development for tax dollars and what is clearly not going to be significant affordable
housing.”
Nandini Arunkumar similarly raised general objections to the development process,
stating that there had been “no forum for the neighborhood and the community who [would]
be impacted by such a large development[.]” She also submitted a written letter to the
Planning Board as the Secretary of the Forest Grove Citizens Association listing the
community’s “concerns with the lack of conformance of this development to the Sector
Plan,” including “[c]lear cutting and removal” of all trees, and the developer’s “[r]efusal
to comply with affordable housing targets set forth in the Sketch Plan[.]”
Kit Gage, who identified herself as the “advocacy director” for Appellant Friends
of Sligo Creek, opposed the removal of the forest in the Property. Though acknowledging
that the forest “ha[d] seen better days[,]” Gage maintained that the forest “could be made
healthy with some serious effort” and was in fact “still functional . . . in many ways[,]”
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emphasizing that it had “some big and substantially healthy trees” and “the dead or dying
trees [that] are home to woodpeckers . . . and worms and bugs that baby birds require to
live.”
Galen Rende, who also testified on behalf of Appellant Friends of Sligo Creek,
claimed that the Preliminary Plan and Site Plan did not “substantially conform” to the
Sector Plan’s environmental recommendations. According to Rende, although the Sector
Plan prioritizes “preserving and restoring the existing forest cover, rather than removing
and replacing it[,]” the Staff Report showed no meaningful consideration of “any
alternatives to the proposed development that might keep the existing forest intact.” Rende
also noted a discrepancy between the 1.25 acreage of the forest in the Sector Plan and the
0.43 acreage reported in the Staff Report, arguing that there was “no explanation . . . as to
why this value is so different[.]” Finally, Rende challenged JLB Realty’s variance request
under the Forest Conservation Plan, claiming that neither JLB Realty nor the Planning Staff
adequately explained how the Property’s conditions justify the variance and removal of
trees.
Near the end of the hearing, Amy Lindsey responded to the community’s concerns
with the Plans’ environmental impacts. As to the discrepancy between the forest acreages
cited in the Sector Plan and in the Staff Report, Lindsey explained that environmental
conditions on a property may change after a master plan is published, and it is not until a
development application is reviewed that the actual forest acreage is determined. She
expounded, “when we’re making Sector Plan recommendations and writing descrip