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A developer who asked to rezone a property to accommodate a large townhome project near Westfield Wheaton wants to postpone the next hearing in the matter after ardent protest by community members spurred the Planning Board to deny the change.

Sterling Mehring said he asked to defer this week's meeting before the hearing examiner until February to allow time to make a new proposal to build 27 townhomes instead of the 36 originally proposed. The Kensington Heights Citizens Association had asked Mehring to build only 18 townhomes per the current zoning, and Mehring said this is his attempt to "split the difference."

Eight people testified against the proposed rezone in front of the Planning Board in a Nov. 13 hearing, protesting on the grounds that the Wheaton Sector Plan is currently being redeveloped and the site is not zoned for that many townhomes under the current Master Plan. The site is zoned to accommodate up to 18 townhomes, or 14 townhomes and a small commercial property.

"What he basically wanted to develop was not compatible with our current neighborhood," explained Megan Garnett, a Kensington Heights resident that lives on Findley Road, two doors down from the property at University Boulevard and Valley View Avenue.

Garnett said Mehring and the citizens association have met several times prior to the Planning Board hearing to try to reach a compromise, but in the end "had to agree to disagree." She said the victory gives the KHCA "good momentum," but she would be open to a new round of negotiations.

"I think the entire time we've all been very realistic that something will get built there. I think all the neighbors are very realistic about that. We just felt that this wasn't the right proposal," Garnett said. "If he goes to the hearing examiner with the same plan he presented, we will raise the same objections."

The Planning Board voted 4 to 1 against the rezone despite its recommended approval from Park and Planning staff after KHCA members raised objections that the development's single vehicle entrance would create traffic problems in the neighborhood. The KHCA also argued there was no compelling reason to divert from Master Plan recommendations for the property, especially in light of the current crafting of a new sector plan.

"The Planning Board heard our issues, they understood our testimony, they understood the materials we gave to them ahead of time, and from what I could tell they appreciated our testimony," said Donna Savage, the Land Use Chair of the KHCA.

"I was skeptical that we would prevail when we started because it's kind of unusual for the citizens to prevail against the developer," Savage said. "We were great. We had a great presentation, I have to say."

Mehring said waiting for the conclusion of the sector plan process would be "economically difficult for me," and is hopeful that attempts to move forward by reaching a compromise with neighbors will be successful.

"Development is all about trying to make the plan work for all the legitimate stakeholders, and there are a lot of people to please," Mehring said.