Clarksburg Agreement Could Cost $16 Million

An agreement to add more retail and recreation to the Clarksburg Town Center could cost the builders and developer more than $16 million and alter the housing mix to create space for the new amenities.

The builders and developer agreed to the concessions after residents discovered a series of construction irregularities in the new community off of Route 355 near Germantown. "Everything had to be redesigned. It's kind of like starting over," said Douglas C. Delano, a vice president for Newland Communities LLC, the developer.

Delano estimated that his company and five builders involved in the project had lost about $5 million after the county ordered work stopped on the project last year when the irregularities were discovered. The residents alleged that amenities were missing and that homes had been built too tall and too close to the street, deviating from county-approved plans.

Delano was among several industry participants in closed-door mediation led by former Baltimore County judge Barbara Kerr Howe that resolved disagreements with residents over missing amenities. Delano and community activist Amy Presley are scheduled to discuss the proposals at a Montgomery County Planning Board hearing tonight in Clarksburg. The board must approve the agreement.

"The overall intention is to have a pleasant, Main Street feel, with shopping and restaurants," Delano said.

The new plans call for a total of about 1,200 homes. Original plans allowed for as many as 1,300. Among other changes, the community would have one fewer condominium buildings. More townhouses would be built instead. Newland Communities also has agreed to give the deed to a house lot to a local church.

Presley said she thought the proposed changes would be carefully scrutinized by residents but likely would be well-received. "There is more retail that is now much more intelligently designed and provides more diversity," she said.

Previous plans called for a traditional suburban shopping strip.

Under the new plan, there will be a pedestrian-friendly retail center with small shops and apartments above for storeowners. It also would have space for restaurants opening onto a town square.

Overall retail space would increase by more than a third. A 51,000-square-foot grocery store would remain part of the mix, down the street from the new town center. The community would also have two parking garages with about 1,000 spaces. They would cost about $11 million and replace planned surface parking lots.

The garages would be behind the town center and would largely be hidden by new townhouses. Visitors could park and walk to shops and restaurants.

From the town center, pedestrians could head to a planned library and a new $2 million open-air pavilion for outdoor markets and events.

The proposed expanded recreational facilities include a 25-meter outdoor pool and an indoor lap pool with adjacent meeting rooms.

Those plans would cost about $1 million, Delano said.

There also would be a small park in place of a planned multi-story condominium. Another nearby park would be expanded to include basketball and tennis courts, a dog-walking trail and a parking area. Additional funds will be spent on landscaping projects.

The Planning Board initially tried to resolve the dispute itself but was challenged by the developer and builders over its ability to investigate itself and its staff. Prodded by the County Council, the board agreed to send the case to mediation.