The Proposed Sale of Joseph’s Park

Posted on January 27, 2025

To: Kensington Residents

From: Town Staff

Date: January 17, 2025

RE: The Proposed Sale of Joseph’s Park

The Mayor and Town Council Introduced Ordinance No. O-01-2025, at the January 8, 2025, Town Council Meeting, which proposes the sale of 3420 Plyers Mill Road (Joseph’s Park). The Public Hearing has been scheduled for Wednesday, February 12, 2025, 7:00 pm.

The Town began the public discussion for the proposed sale of Joseph’s Park with an on-site community meeting March 1, 2023, and the Mayor and Town Council look forward to hearing from our residents at the Wednesday, February 12, 2025, Public Hearing. If you wish to comment, but are not available to attend the Public Hearing, please email your comments to the Mayor and Council directly at the following email: Mayor.Council@tok.md.gov.

Background:

The Town acquired 3420 Plyers Mill Road on October 31, 1956, for $10. The acquisition of the property was directly due to an action taken by the Maryland National Capital Park and Planning Commission (M-NCPPC) within the 1955 Kensington and Vicinity Master Plan, in which the Planning Commission dedicated 100’ of the property located at 3420 Plyers Mill Road for public use. The 100’ dedication was issued by the Planning Commission with the understanding that the land would be needed in order to widen Plyers Mill Road sometime in the future.

The owner of the property at the time, Arthur C. Hyde, acquired 3420 Plyers Mill Road in May 1953, with the intent of building a single-family home, per the zoning regulations at the time. Upon filing an application to build a single-family home on the lot in 1956, Mr. Hyde was denied application by the Town due to the 100’ dedication within the 1955 Kensington and Vicinity Master Plan, which reduced the overall size of the lot below the minimum building requirements of the R60 zone (6,000 square feet).

Mr. Hyde appealed the 100’ dedication before the Montgomery County Appeals Board; however, records provided by the Board of Appeals to the Town indicate that the Hearing was canceled, since Montgomery County was not authorized to waive the imposed dedication within the 1955 Kensington and Vicinity Master Plan. The Town’s Meeting Minutes from July 25, 1956, support the information that the Town was able to find, by stating the following:

July 25, 1956 – The Mayor made a report to the Council relative to the Arthur C. Hyde lot on the southwest corner of Plyers Mill Road and Wheatley Street. It was reported that Mr. Hyde purchased this lot in May 1953; that the Maryland Park and Planning Commission has taken one-half of the lot or a one-hundred-foot right of way, leaving a lot with less than the required area to build a dwelling thereon. Mr. Hyde has filed an appeal with the Montgomery County Appeals Board to waive this restriction. The County can not by law wave this restriction except in hardship cases. It was cited that the cost of said property with improvements thereon would be great if road construction would necessitate condemnation.

While Plyers Mill Road was eventually widened by the Town, the 100’ dedication outlined within the 1955 Kensington and Vicinity Master Plan was not fully necessary to complete this roadway project; however, the 100’ dedication remained until 1986, when Kensington’s Historic District was expanded to include certain properties along the 10500 and 10600 blocks of St. Paul Street. The expansion of the Historic District removed the 100’ dedication from St. Paul Park (10564 St. Paul Street), 10549 St. Paul Street, and 3420 Plyers Mill Road, which subsequently reverted 3420 Plyers Mill Road back into a buildable, R60, parcel.

Within the current Master Plan of Highways and Transitways (MPHT), Montgomery Planning recommends that the existing right-of-way along Plyers Mill Road, east of Lexington Street, be expanded from a 75’ right-of-way to an 80’ right-of-way. While this plan recommends the potential dedication of an additional five feet (5’) from 3420 Plyers Mill Road, the property would still be a buildable lot.

The property at 3420 Plyers Mill Road has remained in the Town’s possession since 1956, in which the Town has made no significant improvements. However, sometime around 2003, Mayor Raufaste and the Kensington Council decided to honor the original Joseph’s Park Plat by dedicating 3420 Plyers Mill Road as Joseph’s Park. Aside from this designation, the planting of a few yews, and adding a formal sign dedicating the property as a park, the lot has remained mostly untouched for the last 70 years.

Why is the Town Staff Proposing that the Council Consider the Sale of 3420 Plyers Mill Road (Joseph’s Park):

The primary reason for the proposed sale of 3420 Plyers Mill Road (Joseph’s Park) is due to the property’s limitations with respect to activation as a park compared to other Town greenspaces. Joseph’s Park is 7,500 square feet (0.17 acres), which is a standard residential (R60) lot size within the Town. However, when compared to other greenspaces, Joseph’s Park is small, as the most comparable greenspace is Ernest Memorial Park at 12,100 square feet (0.28 acres); conversely, Ernest Memorial Park is also adjacent to 30,800 square feet (0.71 acres) of Town-owned greenspace. Flinn Park (0.37 acres) would be comparable as well due to its proximity to residential properties, but is also twice the size of Joseph’s Park, and located in a mixed-use area and across from the Kensington Post Office.

The proposed sale of Joseph’s Park has been a long-discussed option by the Town, specifically by the Town staff, to evaluate all of our assets and determine how best to improve Kensington for today, tomorrow, and the future. The Town staff has determined that Joseph’s Park’s limitations with regards to activation and topography, along with the fact that the property has remained essentially without improvements (furnishings or plantings) for 70 years, indicates that selling the property would allow the Town to purchase a different parcel that would better serve the community.

More specifically, the Town has identified additional land for public greenspace, including a portion of the Kensington Crossing HOA property (1.1 acres) west of Silver Creek, along with 10800 St. Paul Street (0.14 acres), both of which would allow the Town to expand upon our current parkland for not only recreational purposes, but also provide more greenspace to plant larger trees and replenish our tree canopy. In addition, both properties have unique advantages compared to Joseph’s Park, as they are both partially located within the County’s floodplain zone, which would allow the Town to include them within our stormwater management improvement plans.

How Would the Funds Received from the Sale of Joseph’s Park be Used:

While the Town is actively engaged in conversations to acquire the Kensington Crossing HOA property west of Silver Creek, the anticipated revenues from the sale of Joseph’s Park would be beneficial beyond the proposed acquisitions of 10800 St. Paul Street and the Kensington Crossing HOA parcel. Appraised in 2023 for $450,000, the sale of Joseph’s Park would allow the Town to allocate monies into our Land Acquisition fund within the Capital Improvement Plan (CIP).

The Town has made a commitment to improve our infrastructure and overall health by making more strategic decisions, such as targeted investments in stormwater management, land acquisition, and expanding uses within our public facilities and greenspaces. The Town is actively planning four upcoming stormwater management projects: 1) Carroll and Hadley Place; 2) Armory Avenue and Baltimore Street; 3) St. Paul Street; and 4) Farragut Avenue. We have also taken the initiative to acquire the property located at 10528 St. Paul Street (formally the ServPro property) for a future Public Works building, in anticipation of the Summit Avenue Extension project being completed in FY32. The Town is also looking to acquire the adjacent property at 10526 St. Paul Street, which would allow us to position the future Public Works building in a way that would allow additional amenities to be added to St. Paul Park.

In addition, the Town has an agreement in place to acquire the M&T Bank drive-thru property (10415 Montgomery Avenue) on July 1, 2025, which will be used for public parking to address both commercial and residential parking concerns within our Business District.

Currently, the Land Acquisition fund has $447,996.40, following the acquisition of 10528 St. Paul Street ($1,010,000.00) on November 1, 2024. The Town has estimated that our proposed future land acquisitions will cost at least an estimated $1,525,000; and include the following: 10526 St. Paul Street (est. $475,000); 10415 Montgomery Avenue ($930,000); 10800 St. Paul Street (est. $60,000); and the Kensington Crossing HOA property, which we believe will be appraised for around $60,000. However, the estimated and proposed sale prices do not include closing costs, administrative costs (mandatory referral requirement), land improvements, or subdivision costs, which would apply to the Kensington Crossing HOA property.

The above-mentioned properties, if acquired, would serve multiple purposes to benefit the Town as a whole, including expanding greenspace that far exceeds what would be lost with the sale of Joseph’s Park. The Town is an ever changing and growing community, and with resources already scarce, it is imperative that the Town take strategic steps to make sure that we are able to address our current and future needs and responsibilities. Sometimes these decisions are difficult and require the evaluation of existing assets, in which case, Town staff believes that the sale of Joseph’s Park would provide a monetary return to the Town, which would help to acquire lands to address stormwater management, increase the amount of accessible greenspace for recreational use and the planting of additional trees, add facilities to existing parks, increase public parking options within our Business District, and to continually invest within our Town through infrastructure projects.

The Town Staff believes that the history and context provided above will serve to better solicit public feedback and decisionmaking by the Mayor and Council.