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City of Rockville
M E M O R A N D U M
February 12, 1999
TO: Planning Commission
FROM: Jim Wasilak, Planner III
SUBJECT: Amendment to Detailed Application for Comprehensive Planned Development CPD94-001D, Villages at Tower Oaks
The developer of the Villages at Tower Oaks, Tower-Dawson Limited Partnership, has requested an amendment to the approved site plan for the project. The amendment requested is to substitute installation of a 30-feet high chain link fence for the 50-feet high fence approved as part of the Detailed application.
Background
The Detailed application for the Villages at Tower Oaks development was approved by the Planning Commission on December 14, 1994, and permitted development of 138 single family attached homes on the property. A significant issue during review of the application was the treatment of the boundary between the development and Dogwood Park. Discussions between City Recreation and Parks staff, the Recreation and Park Advisory Board and the developer resulted in a strategy to address the potential adverse impacts of the adjacent ballfields, including the following:
Installation of the netting and new fencing is noted on the approved Detailed application site plans. The subject fence is proposed to be installed on Dogwood Park property behind Lots 64 through 67, known as 1130, 1132, 1134 and 1136 Regal Oak Drive (See attachment).
Staff determined that alteration of an element of this aspect of the Detailed application approval warranted Planning Commission review, given the concern regarding the buffer between the park and the townhomes. In keeping with policy guidelines established by the Commission, minor amendments to an approved CPD site plan may be granted without the filing of a formal application while allowing for public input.
Proposal
The applicant proposes to install a chain link fence of thirty feet in height on the Dogwood Park property, which will substitute for the chain link fence of fifty feet in height approved in the Detailed application behind Lots 64 through 67 of the Villages at Tower Oaks. The proposed fence will still incorporate the weaving of opaque materials through the fence that provide for increased screening.
Staff Comment
The applicant has proposed to reduce the height of the approved fence due to evidence that other measures taken by the applicant have been effective in restricting the flight of foul balls. These measures include increasing the height of the backstop, adding netting above, behind and across the top of the backstop and increasing the height of the fence extending from the backstop along the first base line to 20 feet.
The Department of Recreation and Parks has been monitoring the foul balls hit from the lower ballfield at Dogwood Park over the last few seasons, and is convinced that the measures already taken by the applicant to limit foul ball travel off the park property have been sufficiently effective to warrant a decrease in the approved height of the last remaining portion of the fencing to be installed (See attachment). Planning staff notes that a shorter fence may be more aesthetically pleasing, provided that the fence fulfills its function outlined in the Detailed application approval.
Staff Recommendation
Staff finds adequate justification to support this request for an amendment to the approved Detailed application CPD94-001D. Staff therefore recommends that the Planning Commission approve the request, subject to the following conditions:
/rjw
Attachment