When asked if the ZTA that would allow the so called public –use space (Silver Spring Fillmore) before the main project doesn’t pass, Bruce H. Lee, President of Lee Development Group and owner of the land in question responded “that would be bad news”.

New question and answers unfolded during a special meeting with the County Executive office, Lee Development Group and the Silver Spring Scene.

Silver Spring is getting ready for a new music hall that would be labeled the Silver Spring Fillmore and run by Live Nation a company that according to its website has ”the most live concerts, music venues and festivals in the world…”. Montgomery County government has been working with Live Nation, passing several tax payer funded measures worth more than $8 million to seal the deal.

In addition to Lee, Patrick Lacefield, County Executive Office Spokesperson, Diane Schwartz Jones, County Executive Office, Assistant Chief Administrative Officer and Gary Stith, Director of the Silver Spring Regional Center attended.

According to them a new Zoning Text Amendment or ZTA needs to be passed in order for the Fillmore to move forward with permitting and construction plans and ultimately to get planning board approval.

Normally if a project in a Central Business District (CBD) zone, opting for what’s called an “optional method of development” wants to get approval, it has to include at least 20% of the project’s total foot print as what is called “public use space”. By far, the most common form of the so called “public use space” has been pocket parks or paved plaza’s in front of the building’s main entrance. It is built in conjunction with the main structure. But Lee Development and the County Executive Office want the public-use space in this particular instance, the Silver Spring Fillmore, to come first. The Silver Spring music hall would be constructed well ahead of the main course, as much as 15 years ahead, which would include an Office building, Hotel and or Residential use.

If the County Council doesn’t pass the ZTA it could mean the end of the Fillmore in Silver Spring.

The parking lot spanning a space from behind where the Fillmore would stand to the Lee Building at the corner of Colesville and Georgia has been a parking lot for 18 years according to Lee.This is where his company has operated a viable parking business.

Lee says that the site hasn’t been developed because the economics hasn’t worked where the numbers would make it feasible. He noted the opening of their flagship Lee Plaza building in 1987; the difficulties during that time like the Savings and Loans debacle during the 80’s has made them prudent in pursing another speculative project.

With the current market conditions as they are, including a credit crisis, a mixed-use project underway on the parking lot is an unknown at this point in time.

But when asked if the County has considered pursuing the eminent domain process in the name of economic development, a flabbergasted Lee responded “That’s incredible to suggest…I wouldn’t appreciate my business being taken away from me, we have a very viable parking lot that operates itself very well …”

Schartz from the County Executive office also chimed in saying “Why would we, where we have a developer willing to give us his property, turn around [and take it by way of eminent domain] particularly in these economic times?”

Lee says it would be a terrible mistake for the county to be miss this opportunity “I have faith in our county council that they understand the benefits of an economic development initiative…any other county, any other jurisdiction in the country would be absolutely fighting tooth and nail to make this effort” furthermore “…When you think about Live Nation you think about Los Angeles, Las Vegas, Orlando, Miami…[Silver Spring] was a hard sell for Live Nation. We have an opportunity here that is unbelievable, we recognize the true benefit for all of Silver Spring, Montgomery County, Maryland, the Washington, D.C. area and ourselves.“