Submitted April 21, 1999_
Approved ______________
Date __________________
MINUTES OF THE ROCKVILLE PLANNING COMMISSION
The City of Rockville Planning Commission convened in regular session in the City Hall Council Chamber Room at 7:30 p.m., Wednesday, February 17, 1999.
Donald Boebel, Chair
Jane Fry-Emond William Meyer
Paul Douglas Brigitta Mullican
Absent: Susan Hoffmann
Larry Giammo
In Attendance: Robert Spalding, Chief of Planning
Sondra Block, Assistant City Attorney
Castor Chasten, Planner III
Jim Wasilak, Planner III
Eric Jenkins, Transportation Planner
Tyler Tansing, Commission Secretary
REVIEW AND ACTION
Use Permit Application USE98-0592, Investment Properties, Inc.
Mr. Lynott, III, Attorney, asked that the Commission grant a continuance of the application due to the fact that one of the applicants representatives was ill. The continuance was granted by the Commission.
The application is requesting a special exception to construct a building addition on the east side of the existing private church school located at 917 Montrose Road, which is zoned for R-75 (single family detached, residential) land usage.
Mr. Chasten provided an overview of the Staff Report.
Mr. Stephen Crum, civil engineer representing the applicant, stated that he concurs with the conditions stated in the Staff Report.
In response to questions from the Commission regarding screening of the school bus on the site, Mr. Crum stated that the school bus is owned by a private company and is stored on the site because the company is located in Northern Virginia. He noted that the applicant will either propose adequate screening of the bus or remove the bus from the site. In addition, the free-standing modular classrooms will not be removed from the property at this time. There will be no increase in enrollment.
After further discussion, Commissioner Fry-Emond moved, seconded by Commissioner Douglas, to recommend approval to the Board of Appeals of Special Exception Application SPX98-0276, St. Elizabeth Parish and School, per staff recommendations. The motion passed unanimously.
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-foot high chain link fence for the 50-foot high fence approved as part of the Detailed application. The chain link fence will extend 100 feet long near the property line of the Villages.
Mr. Wasilak presented an overview of the Staff Report. Mr. Wasilak stated that the applicant has proposed to reduce the height of the approved fence due to evidence that other measures taken by the application have not been effective in restricting the flight of foul balls from the lower ballfield at Dogwood Park. The Department of Recreation and Parks has been monitoring the foul balls over the last few seasons, and is convinced that the measures already taken by the application 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. Mr. Wasilak also mentioned that staff notes that a shorter fence may be more aesthetically pleasing, provided that the fence fulfills its function outlined in the Detailed application approval.
William Kominers, Attorney representing Tower Oaks, presented the applicants request for an amendment to the previously approved Detailed application. He noted that the City would like to have the fence installed before the 1999 baseball season begins. He said he also would like to request a change in Condition 1 of the amendment to state that The application shall provide six copies of the amended Detailed application site plan (Phase I, Section 7A of the Villages at Tower Oaks) prior to completion of construction of the modified fence.
In response to questions from the Commission, Mr. Kominers replied that existing residents along that portion of the property are aware of the proposed fence. He noted that a letter was sent to the Commission from the ad hoc Homeowners Association Committee regarding the knowledge of the fence and their support for reduction in fence height. The association has not been turned over, formally, to the residents. That will happen tomorrow evening.
The Commission discussed concerns regarding the location of the fence including the durability of the interwoven opaque materials to aid in screening of lights coming from the ball field, foul balls, whether proper information has been presented to existing homeowners prior to placement of the fence and other screening.
Phil Bryan, Superintendent of Recreation, stated that he understands the Commissions concern about the height of the fence, but the Department of Recreation and Parks is confident that the proposed 30 foot high fence will be sufficient to deflect errant foul balls. Also, the tennis screen will deflect the visual effects of the lights from the ballfield in the adjacent houses. Mr. Bryan also noted that the life span of the screening is approximately 20 years.
Commissioner Meyer moved, seconded by Commissioner Douglas, to approve Amendment to Detailed Application for Comprehensive Planned Development CPD94-001D, Villages at Tower Oaks subject to the addition of a condition that states The Villages at Tower Oaks Homeowners Association shall provide documentation to the City indicating support of the modification. Also, the modification made by the Applicant regarding Condition 1 in the Staff Report. The motion passed unanimously.
Detailed Application for Comprehensive Planned Development CPD98-002R, Pritzker Residential Group
The applicant seeks Detailed Stage (final) approval for the construction of a 402 rental unit apartment complex within the King Farm Comprehensive Planned Development (CPD) adjacent to Frederick Road (MD Route 355) between Redland Boulevard and the future King Farm Boulevard. The development is proposed to straddle both sides of Elmcroft Boulevard and extend to the eastside of the future Grand Champion Drive. Approval includes multiple structures of residential units, a parking garage, surface parking areas, clubhouse, open space areas and related site work.
Mr. Wasilak presented a brief overview of the Staff Report. He said the complex will be unique in a number of ways. The proposed site design divides the two rectangular blocks into four quadrants. Each quadrant is designed uniquely permitting a variety of housing styles on the same block. He noted that there are 50 Moderately Priced Dwelling Units (MPDUs) included in this plan.
Questions were asked regarding the sewer capacity on the site.
Richard Boales, representative of Pritzker Residential Group, presented the applicants request. He introduced Steve Gang of CHK, Mark Lewis of Lewis, Scully, Genet, Mary Fertiz and Michelle Coleman from Loiderman Associates.
Mr. Boales described the overall land use plan, which proposes small courtyard spaces, green spaces, which will complement the hardscape streetscape orientation of the design. Thirdly, 80% of the units have a garage of some form.
Steve Gang, Architect and Planner, presented details of the site plan. He commented that they believe this is one of the unique garden apartments, which they have ever been involved in because they do not look like the typical garden apartment projects.
Mr. Gang also described the landscape plan for the site.
In response to Commissioner Mullican, Mr. Boales provided information regarding the number of bedrooms and rent price range of the units. He said that 25% - one bedroom; 55% - two bedrooms; and, the balance of the units have three bedrooms. The price of rent ranges from $975 to $1,750 per month.
Questions were asked concerning the traffic pattern along Elmcroft Boulevard, which is a one-way street and is very close to Grand Champion Drive, where it will be tempting for those exiting that block to go the wrong way to get to Grand Champion rather than go around the block. Mr. Gang stated that they will be working with staff on this issue. He noted that they never visualized Elmcroft to be a heavily trafficked street.
Commissioner Meyer commented that he is very concerned about the configuration of Elmcroft and possible traffic accidents that could occur. He suggested making the half circle into an oval island, thus preventing any kind of traffic accident.
The Commission further discussed concerns regarding garages, distribution of MPDUs, sewer capacity for the site, underground transformers, and the traffic flow around the central area on Elmcroft Boulevard.
Mr. Boales discussed the possibility of staff modifying Conditions 1b, 3b, and 4 in the Staff Report.
The Commission further discussed the traffic safety issues on Elmcroft Boulevard as well as the location of MPDUs on the site.
Commissioner Meyer moved, seconded by Commissioner Mullican, to approve Detailed Application for Comprehensive Planned Development CPD98-002R, King Farm based on staff recommendations and subject to the following modifications: Insert as required at the end of the first sentence of Condition 4; Conditions 1b and 3b. be eliminated; and Condition 13 be added to state That details of the alignment of Elmcroft Boulevard will be returned to the Planning Commission for approval. The motion passed on a vote of 4-1, with Commissioner Fry-Emond voting nay.
On a second motion, Commissioner Mullican moved, seconded by Commissioner Meyer, to approve the street naming of Elmcroft Court and Elmcroft Square subject to Maryland National Capital Park and Plannings approval of homes as presented. The motion passed unanimously.
Detailed Application for Comprehensive Planned Development CPD98-002Q, King Farm Associates
The applicant seeks Detailed Plan approval to allow reconstruction of Redland Boulevard between Gaither Road and Piccard Drive. Currently, Redland Boulevard exists in a configuration that is incompatible with the proposed design concept for the King Farm. This reconstruction will involve construction of landscaped medians, left turn bays, a Class I bikeway, crosswalks, and landscaping.
Mr. Jenkins presented an overview of the Staff Report.
Mr. Spalding noted one addition to the Staff Report on Condition 8. He said the details of the relocation of the existing bikeway path, as shown on the plan, will be worked out between staff and the applicant due to the location of the street light poles.
Commissioner Meyer inquired about Condition 8 regarding the possible modification of the traffic signal at Piccard. Mr. Jenkins replied that the Department of Public Works would be in charge of the modifications. He also stated that Condition 3 will be shared by the applicant and the City. Also, Condition 5 will be deleted and the first sentence be deleted in Condition 1c.
Barbara Sears, Attorney, presented the applicants request. She said she agrees with the modifications to the conditions in the Staff Report.
Commissioner Fry-Emond moved, seconded by Commissioner Meyer, to approve Detailed Application for Comprehensive Planned Development CPD98-002Q as modified by staff. The motion passed unanimously.
Old Business
The Commission discussed concerns with the Wootton High School expansion scheduled for the next regular meeting. Mr. Spalding noted that information about the school as well as letters to the Commission from concerned citizens living near the school would be sent to the Commissioners in advance of the next meeting. He also informed the Commission that the City has hired a traffic consultant to study the existing issues on the school site.
The Commission also discussed its role in the decision regarding the upcoming Wootton High School expansion application.
Mr. Spalding discussed the Thomas property and its prospective buyers.
Mr. Spalding reported about a study of feasibility of grade separations with regard to Town Center applications as well as the library and the parking garage on Middle Lane.
Commissioner Fry-Emond moved, seconded by Commissioner Meyer, to approve the minutes of Meeting Nos. 13-96, 16-96, 17-96, 19-96, and 20-96 as written. The motion passed unanimously.
Commissioner Mullican moved, seconded by Commissioner Meyer to approve the minutes of Meeting No. 6-98. The motion passed unanimously.
Commissioner Mullican moved, seconded by Commissioner Douglas, to approve the minutes of Meeting No. 14-98 as written. The motion passed unanimously.
Commissioner Mullican moved, seconded by Commissioner Douglas, to approve the minutes of Meeting No. 18-98 as amended. The motion passed unanimously.
The minutes of Meeting No. 14-97 were passed in for the next meeting.
FYI/Correspondence
The Commission discussed the appeals case of Dr. John Law.
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
______________________________
Tyler Tansing, Commission Secretary