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City of Rockville Board of Appeals
Minutes

 Mayor and Council Chambers
Meeting No. 03-05
Saturday, March 5, 2005
, 9:30 a.m.

 

The City of Rockville Board of Appeals convened in regular session at the Red Brick Courthouse, 29 Courthouse Square at 9:30 a.m., March 5, 2005.   
 

Present:

David Hill, Chairman
Roy Deitchman 

Steven Schwartzman
Alan Sternstein Alternate

In Attendance:

Castor Chasten, Planner III
Tyler Tansing, Board Secretary


           

PUBLIC HEARING

Special Exception Application SPX2004-00350, National Lutheran Home

The applicant is proposing to construct five triplex living units on the subject property located at 9701 Veirs Drive.  An Affidavit of Posting was submitted into the record as Exhibit 1. 

Robert Brewer, Attorney with Lerch, Early & Brewer, presented the applicant’s request.  Mr. Brewer noted that this is the second modification to the special exception and use permit to expand the independent living program that has been successfully operated since its relocation from Washington, D.C. to Rockville in the late 1970s. 

Christina E. Hughes, Executive Director of the National Lutheran Home, testified that she has been at the facility for ten and a half years.  She explained the operation of the facility.  The facility is a facility for the elderly and physically handicapped.  Currently, there are 300 beds, and all residents are 65 and older.  There are also independent living units, which currently total 129 units and they are spread across the campus, east and west of the main facility.  They residents there are also 65 and over.  Ms. Hughes stated that all of the independent living units are in a triplex arrangement facing onto a courtyard.  She stated that each villa containing three living units for elderly persons who are able to live in an independent setting.  The new residential triplex dwelling units are to be constructed on property recently acquired by the Home, located at the extreme northeast corners of the subject property.  There are one, two bedroom units. 

Ms. Hughes stated that this land was acquired from Virginia Simmons in 2004. 

Ms. Hughes explained the support services for the residents.  There will be no change in the current operations of the National Lutheran Home or the current special exception.  No additional staff will be required to service the new units. 

Ms. Hughes discussed the Home’s outreach to the community.  She stated that on July 14, 2004, the National Lutheran Home conducted a neighborhood meeting to which all residents of the Monterra community were invited to inform interested parties of its plans for the construction of these new units.  Prior to the meeting, most of the neighbors advised the Home of their satisfaction with the plans and said they did not need to attend. At the meeting, one neighbor suggested that because of tree removal, there did not appear to be sufficient screening of the southeastern most building.  Ms. Hughes noted that the property is bounded to the north by the Lakewood Country Club.  The Country Club expressed their concerns regarding the screening of their greens.  They are also concerned about some input in the future if a fence is built on the subject property.  They said they wanted to be consulted if the applicant did choose to put up a fence.  The applicant agreed to that. 

Ms. Hughes described the proposed units as being very similar to the current units on the site.  These units are larger and have two baths.

The Board discussed income requirements of the residents, shopping centers close to the Home, level of care for the residents, resident waiting list, date of acquisition of the property, and entrance fee.

Harold Sachs, Architect, described the design of the units.  The five buildings would be constructed around a circular drive aisle.  Each of the unit would have a courtyard within the center that could be shared by the three living units and there would be plantings and landscaping around those and in the public area.  He described the exterior of the units; each unit would have two bedrooms, two baths, a kitchen, living room and the larger units would have a sunroom. 

In response to Mr. Deitchman, Mr. Sachs explained the setbacks of the property, the topography, buffering of the closest neighboring properties, safety aspects of residents having a common courtyard, how the units would blend in, architecturally, with the neighboring homes, and a small retaining wall to help retain the tree buffer along the south side of the property. 

Walter Petzold, Civil Engineer and Land Planner, described the site pertaining to stormwater management on the site.   Mr. Petzold explained that the proposed units would connect to existing sewer lines, which run through the site and existing water lines along the adjacent street.  Stormwater management (quantity) would be provided by an existing stormwater management pond previously erected by the Home on the Lakewood Country Club Golf Course at the time of the Home’s initial construction.  This pond would be retrofitted and upgraded to meet current standards.  Stormwater Management (quality) would be provided by a combination of a new underground filtration unit for the paved surfaces and by dry wells for the roof drainage, which will also provide the required re-charge capacity.  Mr. Petzold also discussed landscaping and trees to buffer the neighboring properties.  He also talked about forest conservation and planting trees offsite. 

The Board and staff discussed and questioned the requirement in Condition 2 in the staff report regarding a public sanitary sewer extension between the existing sewer and Wescott Place to provide future service to off-site properties.  There were also questions regarding whether a right-of-way exists in that area to get to the sewer line, the height of the retaining wall, and screening Hole 16 of the Country Club to protect the subject property. 

C. Craig Hedberg, traffic consultant of Integrated Traffic Solutions, Inc., stated that the proposed units would have a minimal effect on traffic.

In response to Mr. Sternstein, Mr. Brewer stated that the applicant is in agreement with the conditions in the staff report. 

The following citizen testified in favor of the application:

1.  Jeff Zion, 5 Monterra Court, stated that the National Lutheran Home is a wonderful neighbor.  He noted that the only time there is traffic coming from the Home is when they have a bazaar twice a year.  He said if they screen their dumpsters, he would be happy. 

Mr. Brewer commented that the conditions are acceptable – Condition 2 may not be necessary, but the findings have been met. 

The Board discussed the conditions in the staff report and whether modifications must be made.

In response to the Board, Mr. Sachs described the color of the units. 

There being no one else to speak for or against the Special Exception application, the Chair declared the public hearing closed.

DECISIONS

Special Exception Application SPX2004-00350, National Lutheran Home

Mr. Deitchman moved, seconded by Mr. Schwartzman to approve Special Exception Application SPX2004-00350, National Lutheran Home per staff recommendations and subject to the following modifications:  1) Condition 1 – delete the second sentence; 2) Condition 2 will be changed to read “At the use permit stage, the applicant produce records to indicate the sewer easement exists and an agreement with Lakewood Country Club on the stormwater management plan increase in capacity for this new project; 3) Condition 3 accepted as written; and, 4) Condition 4 accepted as written.  The motion passed unanimously.

OLD BUSINESS

Mr. Chasten stated that Steve Johnson has agreed to sit on the Board at the April 2, 2005 meeting. 

Mr. Schwartzman agreed to be Acting Chair for the April 2, 2005 meeting.

The Board and staff discussed upcoming applications.

Mr. Hill thanked staff for including a copy of the Opinion and Order affirming the decision of Board of Appeals in the matter of Variance Application APP2004-00825, Mr. Reginald Miller. 

ADJOURN

There being no further business to come before the Board, the Chair adjourned the meeting at 11:10 am.

NOTE:  Should further details of this hearing be required, a tape recording of the meeting is available.  The Planning Division maintains a tape of the meeting for a period not less than one year from the date of each meeting.

 

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