PUBLIC HEARING
Variance VAR2010-00012, Reverend Msgr. John F. Macfarlane – for a modification to a condition of approval imposed by the Board’s grant of Variance Application APP2006-00863, allowing construction of a 50-foot tall bell tower in the front yard of St. Elizabeth Church and School in the R-75 Zone at 917-919 Montrose Road. The request is to modify approved Condition #4 related to the operation of the bell tower to incorporate a bell-ringing schedule.
Dr. Wilcox stated that he would have to recuse himself from this application. He moved to continue Variance VAR2010-00012, Reverend Msgr. John F. Macfarlane until the Board’s September 11, 2010 meeting due to conflicts with the June and July meeting dates.
Richard Brown, Chairman of the Pastoral Council of St. Elizabeth’s Church, explained that they discussed the situation with Dr. Wilcox this morning and he and Reverend Macfarlane have no objection and will be available for the Board’s September 11, 2010 meeting.
Mr. Mork seconded the motion and it passed unanimously.
There being no one else to speak for or against the variance application, the Chair declared the public hearing closed.
Special Exception SPX2010-00381, Shelter Development, L.L.C. – for construction of a 90-unit assisted living facility in the R-90 Zone at 9200 Darnestown Road.
The Staff Report was submitted into the record as Exhibit 1 and the Affidavit of Posting was submitted into the record as Exhibit 2.
Timothy Dugan, Attorney with Shulman Rogers, announced that they would prefer to have Mr. Russell Richards, to speak for the Glenora Hills residents regarding their concerns about the application.
Mr. Mork explained that the Board is waiting to hear back from the Historic District Commission about its findings as to whether the subject property would be considered historic. Today, the Board will only be collecting the testimony.
Mr. Russell Richards, 2288 Glenmore Terrace, testified that he has been designated as spokesman for the Glenora Hills because members of the community have convened in his home to determine whether they could live with new neighbor to the north. Mr. Richards stated that, as a result of those many meetings, an agreement has been reached with 10 out of 11 residents. He noted that the applicant has gone above and beyond the community’s expectations with the concerns they have expressed as a community. This agreement has taken many months of discussions with the applicant and it has been a very fascinating and instructive experience in learning the intricacies faced by an applicant going through a special exception application request. Mr. Richards pointed out that the applicant has been sensitive to the needs of the community and they are not only delighted to live with, but, welcome Shelter Development into their community as a neighbor, which ultimately is their goal and out of this agreement they have established a creation of a liaison community. Mr. Richards thanked Nancy Regelin, attorney with Shulman Rogers, who is representing the applicant, her staff and Norman Knoff, the community’s attorney, as well as the Planning staff.
In response to Mr. Mork, Ms. Regelin stated that they would address the Agreement in their testimony.
Mr. Timothy Dugan, Attorney, presented the applicant’s request. Mr. Dugan discussed the application and the exhibits to be presented before the Board’s June 12, 2010 meeting. Mr. Dugan asked that three Board members participate in the public hearing of this application. Mr. Dugan noted that some witnesses could not be present today, therefore, they would like to schedule a special meeting before the June 12th meeting. He further talked about an AFPO waiver.
Mr. Kevin Foster, Land Planner and Principal with Gutschick, Little & Weber, presented his report regarding landscaping and architecture of the proposed building. Mr. Foster’s resume was submitted into the record as Exhibit 53 of the Board’s Exhibit list.
Mr. Dugan moved to submit all of the applicant’s exhibits into the record as Exhibits 3 to 78.
Mr. Foster described the site and surrounding community. He presented Board of Appeals Exhibit 4, Aerial Map of Brightview and Kol Shalom and spoke about the existing conditions. Board of Appeals Exhibit 3 described the existing conditions of the site including the large existing Elm tree at the entrance circle of the proposed building. The Elm tree is the focus of much of the design effort underway today. Mr. Foster presented Board of Appeals Exhibits 38, 39 and 40 that depict photos of surrounding homes in the Glenmore Hill neighborhood with a variety of heights.
Mr. Dugan questioned Mr. Foster regarding the City’s Comprehensive Master Plan (Board of Appeals Exhibit 67). Mr. Foster stated from the Master Plan that housing for the elderly is allowed in all residential zones with the granting of special exceptions. The Master Plan and the Zoning Ordinance both anticipate senior housing along with other residential uses in these residential neighborhoods. In addition, the Master Plan encourages the construction of alternative housing types for seniors. The Master Plan also requires that adequate buffers be provided between institutional uses and adjacent residential subdivisions. In this case there is substantial buffer existing on the site. The double row of pine trees are being maintained and saved and there will also be additional landscaping that will be discussed later. Mr. Foster stated that page 9 of the staff report states that the applicant is providing ample buffering to the neighborhood that further enhances the buffer. Mr. Foster discussed the Zoning Ordinance with regard to adequate buffering as well as the special exception findings that must be met by the Board of Appeals.
Mr. Dugan set up for discussion purposes, Board of Appeals Exhibits 14 (Rendered Site Plan, all three stories), 17 (Entry Signage Details Sheet 2 of 8), 18 (Fence, Bench, Flagpole, Bike Rack Details Sheet 3 of 8), 19 (Trellis Detail Details Sheet 4 of 8), and 49 (Off Site Sidewalk Connection Detail Sheet 5 of 10). Mr. Foster pointed out Board of Appeals Exhibit 78 illustrating the existing Elm tree on the circular drive. He pointed out that they have strived very hard to save the white pines.
Mr. Dugan presented Board of Appeals Exhibits 23 (Landscape Plan enlargements of Courtyard Garden Planting Detail, Entry Sign and Patio Enlargement, Entry Plaza Enlargement Planting Detail, and Alzheimer’s Garden Enlargement Planting Detail), 24 (Setback to Glenmore Terrace), 25 (Setback to Darnestown Road), and 27 (Setback to Kol Shalom) for discussion purposes regarding how the Brightview project complies with the Development Standards.
Mr. Foster discussed the setback requirements of the special exception for the subject property as compared to Kol Shalom, Glenora Lane and Glenmore Terrace.
Mr. Dugan pointed out that Board of Appeals Exhibit 77 illustrates the Cross Section View between Glenmore Terrace Homes and Brightview looking East towards Kol Shalom and Cross Section View between Glenmore Lane Homes to Brightview looking North towards Darnestown Road. Mr. Dugan explained that the Exhibit shows the intervening buffering and screening elements from views of Glenmore Lane and Glenmore Terrace. Mr. Frost explained the purpose of the two views and how the properties are screened from view of the proposed project as well as the step down of the building.
In response to Mr. Mork, Mr. Foster explained that Exhibit 77 reflects the agreement with Glenmore Hill community yesterday.
Mr. Foster continued to discuss the landscaping, hardscape, lighting, amenities, tree replacement requirements, building massing, parking area, fencing, stormwater management, topography, traffic, and preserving the character of the neighborhood.
After discussion and questions from the Board, Mr. Lee Driskill, Architect and Principal/Vice President with Hord, Coplan & Macht, presented his resume (Exhibit 50).
Mr. Driskill discussed the design of the proposed building, façade materials, how the inspiration for the style of the building was achieved; style of roof, height and massing of the building, tree buffer, lighting, entry into the site, the parking lot, delivery access, as well as the amenities on the site.
Questions by the Board were asked regarding the massing of the building.
Ed Papazian, Traffic Consultant with Kimley-Horn and Associates, Inc. submitted his resume (Exhibit 41). Mr. Papazian also submitted his Kimley-Horn Memorandum Comprehensive Transportation Review October 9, 2009 (Exhibit 42) and his Kimley-Horn Report 11/16/09 (Exhibit 43). Mr. Papazian stated that the proposed project will have no adverse impact on the area roadway system. The resulting number of peak hour trips will be negligible and is below the level needed for an off-site traffic analysis.
Mr. Papazian stated that vehicle access and circulation would operate in a safe and efficient manner. The existing paint striping along Darnestown Road would be modified to show a left turn lane in the westbound direction into the driveway of the site. Pedestrian circulation would be enhanced by the installation of a sidewalk along Darnestown Road, along the property frontage, and extended from the west edge of the property to Glenora Lane. Sidewalk connections will also be installed from the building to the new sidewalk along Darnestown Road.
Mr. Papazian answered questions regarding bus service on Darnestown Road, a shuttle service provided to the residents living at the facility, ingress and egress from the site, people driving through the neighborhood from the subject property, a revised traffic analysis for the site, and the number of peak hour trips that would be generated as a result of this facility.
Rebecca Torme, Transportation Planner, presented her traffic analysis report regarding trip generation.
Mr. Mork stated that he understands that 10 out of 11 neighbors have reached an agreement with the applicant regarding the project and requested that the City be provided a copy of that agreement. He noted that there are certain conditions in the agreement that the Board will need to reflect in their final findings and conditions of approval, should the Board approves the project. Mr. Mork also stated that staff needs a copy of the revised site plans to make sure that all the various conditions are acceptable and would not impact the information already provided by staff with regard to their findings. Mr. Dugan replied that he would provide staff with the agreement as soon as possible. Mr. Wasilak stated that the agreement is needed by next Friday, May 14, 2010.
The following citizens testified:
1. Rusty Richards, 2288 Glenmore Terrace, testified that he spoke earlier regarding the agreement and the fact that the revised plan would not be before the Board today if it were not for the input from the community and working with the applicant and legal counsel to help them work through to the point that the community would have an agreement they could live with and work with the applicant, overtime, to ensure that their concerns are expressed and heard during the construction and operation of the facility.
In response to Mr. Mork, Mr. Richards highlighted some of the additional conditions that the applicant has agreed to, which were based on the community’s discussions with them. Mr. Richards stated that one of the clauses in the agreement addresses Special Fencing on the outer perimeter of the property, having a liaison committee through which, on an ongoing basis, the community would be able to work with the applicant to ensure that, as all construction begins and proceeds, all concerns are made known and addressed, and maintenance of the extensive landscaping planned for the property, trash pickup hours, and the scale of the building.
Mr. Mork asked for a report from the City Forester so the Board would be clear on the landscaping plan for the site and to make sure the plan complies with the City Code.
2. Eric Peters, 2291 Glenmore Terrace, testified that his property is affected by the project, but he is in support of the proposed facility. Mr. Peters stated that his signature is not on the agreement, but he would like to review the agreement before signing it. Mr. Peters expressed his concerns about the process of this project such as: citizens lack of awareness and education of City projects and their process, lack of information from the City and the applicant to the community regarding the project, and the City needs to provide a better role in working with the community.
Mr. Dugan stated that they would be happy to submit a copy of the agreement with a list of what the conditions are from the agreement.
There being no one else to speak for or against the special exception application, the Chair declared the public hearing closed.
DECISION
Special Exception SPX2010-00381, Shelter Development, L.L.C.
Dr. Wilcox moved, seconded by Mr. Mork to continue Special Exception SPX2010-00381, Shelter Development, L.L.C. until the Board’s June 12, 2010 meeting. The motion passed unanimously.
OLD BUSINESS
No Old Business
NEW BUSINESS
Mr. Chasten reported that two residential variances and the subject special exception is scheduled on the agenda for the Board’s June 12, 2010 meeting. MINUTES
The minutes were forwarded to the next Board meeting.
ADJOURN
There being no further business to come before the Board, the Chair adjourned the meeting at 2:25 p.m. |
