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Home > Government > Boards and Commissions > Planning Commission > 2006 > Minutes > January 11, 2006 Minutes

Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 01-06
January 11, 2006
, 7:00 p.m.


The City of Rockville Planning Commission convened in regular session in the Mayor and Council Chambers at 7:00 p.m., Wednesday, January 11, 2006.
    

 Present:

Kate Ostell, Chair
Frank Hilton
Sarah Medearis 

Gerald Holtz 
Robin Wiener

Absent: John Britton

Steve Johnson

Present:

Jim Wasilak, Chief of Planning
Sondra Block, Assistant City Attorney
C
as Chasten, Planner III
Judy Christensen, Historic Preservation Planner


           

Commissioner Ostell thanked Commissioner Britton for his year of service as Chair of the Planning Commission. 

REVIEW AND ACTION

Final Record Plat PLT2005-00452, Westat, Inc. – to consolidate two existing record lots into a single record lot containing 26.072 acres in the I-3 Zone as National Capital Research Park, Lot 18.  The subject property is located on the south side of Research Boulevard approximately 400 feet northwest of the Md. Route 28 and Research Boulevard intersection.

Mr.  Chasten presented the staff report.  Mr. Chasten stated that applicant proposes to consolidate two existing record Lots 17 and 10 into a single record lot.  The applicant, Westat Inc plans to expand the existing office building located a 1600/1650 Research Boulevard in the near future.  In order to accommodate the planned building expansion, the lots are being consolidated to insure that the planned building expansion will fully comply with all development standards of the I-3 Zone.  Lot 10 is approximately 10.886 acres, and Lot 17 is approximately 15.186 acres in size.  Both lots are located in the National Capital Research Park.  When consolidated, the property will be 26.20 acres in size.  The applicant, Westat, Inc. is the owner of Lot 17 and the owner of Lot 10 is Twelve Oaks Investment LLC. 
Mr. Chasten stated that Lot 17 has vehicular access onto both Research Boulevard and Md. Route 28 and Lot 10 has vehicular access solely onto Research Boulevard.  He noted that both properties are located on the south side of Research Boulevard approximately 400 feet northwest of the Md. Route 28 and Research Boulevard intersection.  The properties are well landscaped and contain mature trees and other vegetative materials. 

Commissioner Hilton mentioned a letter concerning an additional condition regarding stormwater easement.  Mr. Chasten said that staff was in contact with the applicant today and they had the same letter, which is a supplement to the staff report.  

Gerald Hunt, President of Westat, Inc. presented the applicant’s request. 

In response to Commissioner Holtz, Mr. Hunt stated that they hope to enhance this property with the building construction of a two-story building that would be attached to one of the property’s distinct buildings that would serve as a cafeteria and a fitness center for their employees. 

Commissioner Hilton commended Mr. Hunt for being a good neighbor to Rockville by maintaining the property and developing the property. 

Commissioner Hilton moved, seconded by Commissioner Medearis or Wiener to approve Final Record Plat PLT2005-00452, Westat, Inc. with staff conditions.  The motion passed on a vote of 5-0.

Final Record Plat PLT2005-00453, Westat, Inc.

The applicant is requesting to create three ownership lots on proposed Lot 18 of National Capital Research Park.  The subject property is located on the south side of Research Boulevard approximately 400 feet northwest of the Md. Route 28 and Research Boulevard intersection. 

Staff informed the Commission that this application has been moved until after the use permit application for this property has been approved. 

DISCUSSION AND INSTRUCTIONS TO STAFF

Lincoln Park Neighborhood Plan- a new neighborhood plan for Planning Area 6 to replace the 1984 Lincoln Park Neighborhood Plan.  The area is bounded generally by the Metro/CSX tracks on the west, Ashley Avenue on the north, North Horners Lane on the east and Lincoln Avenue on the south.

Lincoln Park Conservation Plan – for new residential development standards in Lincoln Park to preserve neighborhood character.

Mr. Wasilak stated that staff has attached the comment sheets received from the citizens living Lincoln Park between the time period the public record was opened and when it closed on January 3, 2006.  There are also comments sheets included that were received subsequent to the Planning Commission’s last meeting.  There is still concern on the part of several members who submitted these comment sheets about not being aware of the Plan.  Mr. Wasilak noted that Ms. Neal Powell, president of the Lincoln Park Historic Foundation felt that there should be an additional forum in the neighborhood to explain the Plan.       

Mr. Wasilak explained to the Commission that it does have the opportunity to review both documents to make sure the documents are in agreement with what the Commission believes and then forward both documents onto the Mayor and Council.    If there were changes to the documents, staff would like to get direction from the Commission this evening.  Mr. Wasilak explained the process if there were changes to the Plans. 

In response to Commissioner Ostell, Mr. Wasilak explained that prior to the last Commission meeting, staff sent the same packet to every resident and property owner in Lincoln Park as well as every absentee property owners in Lincoln Park.  Each packet contained the code form, explanation of the process of the dates, and the Conservation Plan.  The Neighborhood Plan was not included in the packet.  A letter that was included in each packet informed the residents and property owners where the Neighborhood Plan was available, such as at the libraries and community center, and that they could call the City to obtain a copy.

The Commission further discussed concerns regarding notification to the Lincoln Park neighborhood, motivating the residents to send in their comment sheets, resending the two Plans to the neighborhood, and possibly holding another public meeting. 

Also discussed were several issues involving the Plans as well as the former Lincoln High School as part of the future redevelopment of the MCPS property. 

Commissioner Ostell suggested that before making a list of concerns, to decide whether there will be another public meeting.  The record would have to be reopened, so it would not be much of a point to try to come up with a list, but to postpone it until there is a public meeting. 

Commissioner Hilton asked staff if there was any time pressure for the Plans to be approved.  Mr. Wasilak replied that there is a need for the Plans to be in place prior to Annexation Application for the WINX property and land use application for the MCPS property. 

In response to Commissioner Ostell, Mr. Wasilak stated that staff is continuing to see building permit applications for the existing community for either additions or new construction.  Staff will want to have something in place so those applicants can be addressed. 

The Commission discussed reopening the record for another public meeting, and why Lincoln Park residents have not had more talks among themselves regarding the two Plans. 

Mr. Wasilak expressed concerns about the legal requirements for reopening the record and scheduling another public hearing.  Ms. Block stated the public hearing would not have to be readvertised, but notifications would have to be sent out again.  Ms. Block stated that she finds it would be sufficient if a motion was made to reopen the record and after which notification would be provided and advertised on the City’s web site. 

Commissioner Holtz asked that residents of Lincoln Park that are present tonight could inform their neighbors about the discussion this evening. 

Commissioner Holtz moved, seconded by Commissioner Medearis to reopen the record until this matter is back before the Commission again.  The motion passed on a vote of 4-1 with Commissioner Wiener voting nay.   

The record has been reopened.

The following citizen testified:

1.  Joy Murorunkwere, 300 Frederick Avenue, stated that she knew about the meeting, but she did not like it.  Residents of Lincoln Park have to have permission if they want to add onto their houses from somebody.  They do not have freedom to do whatever they want to do to their homes.  That is why she did not attend those meetings.  She is paying taxes for something she cannot do. 

2.  Anita Neal Powell, president of the Lincoln Park Historic Foundation recommended that the reopening of the record be advertised in the City’s newspaper, “Rockville Reports” as well as on the City’s web site.  Ms. Neal Powell noted that she also has questions about the Conservation Plan and said she had difficulties the plan and the zoning issues. 

Commissioner Hilton replied that he also has problems with how the Conservation Plan would be enforced or implemented.  He said it appears to be an extra layer on top of the City’s Zoning regulations. 

Mr. Wasilak explained that the Zoning Ordinance revision process had begun and the Mayor and Council have considered a series of White Papers that gives the overall policy direction and one direction that staff is seeing is that, in view of the mansionization discussion, is that neighborhoods should be able to determine whether or not they want conservation districts or whether they want something over and above what the base zoning is throughout the City.  He noted that the neighborhood planning process is when that determination would be made.  He said this is the direction staff is seeing from the Mayor and Council.  Mr. Wasilak stated that there would be an ordinance that would enact this Plan. 

The Commission further discussed concerns about the process of the Plans, whether people are happy with the Plans or would they like to make some changes.

Ms. Christensen talked about refinements to Conservation Plan.  Staff would like to explain where the Conservation Plan would apply, which is only to the platted subdivisions.  There are three subdivisions that were platted in Lincoln Park and this effort is to keep the original lots, the grid of those three plats.  There are certain areas, which is does apply to, which is the WINX property, which is not in Lincoln Park and the MCPS property, which at one time was platted, but it is not at the moment.  Ms. Christensen explained that the word conservation means that a resident has an existing house he/she trying to conserve.    This is one of the issues that staff is facing with Lincoln Park.  Staff looked at Lincoln Park for height, mass and for lot coverage and presented those to the Commission several meetings ago.  Staff came up with 1200 square feet for a footprint or a buildable amount.  Looking at that, they are beginning to wonder whether they are creating for themselves a situation with unintended consequences.  For one reason, Lincoln Park is on very unsteady subsoil; there is a very high water table and many of the properties are built on slabs and that is why some of the residents have basement water problems.  In order for residents to improve their properties in Lincoln Park, they would have to build up.  The intention is to preserve the character of the community. 

Ms. Christensen stated that she surveyed 193 single-family dwellings in the community from the State tax data and found that of the total number of houses 120 are less than 1200 square feet.  There are 22 one-story houses, which have a footprint of over 1200 square feet.  Ms. Christensen stated there are 51 two-story houses over 1200 square feet.  If one looks at the legal basis for a conservation district as being preserving the character of the community, it is hard to justify going much over 1200 square feet.  She noted that it was her feeling that it might be better to go to 1500 square feet and see if that would pass muster because staff had someone come to the City the other day to discuss with staff what they could do and they had a single-family one-story dwelling, which was 1275 square feet.  There is no way that that particular house could support another story without putting in footings and footings that would be adequate the second story.  She stated that once could see the consequence here, if the City is trying to preserve the appearance of that community and the 1200 square feet.  Ms. Christensen noted that the large yellow house on Spring Avenue that appears in all the pictures in the Plan was around 1500 square feet. 

Ms. Christensen stated that Lincoln Park is a unique community that has unique soils.  Staff would like to explore this further. 

Commissioner Ostell stated that the Commission is keeping the record open to discuss the Conservation Plan further.

3.  Linda Martin, 227 Frederick Avenue, commented that she is on the Advisory Committee along with Martin David and Anita Neal Powell.  Ms. Martin questioned whether it would be possible when the open forum is scheduled, to show examples from a medium sized house to a larger house and how the Conservation Plan would affect one house to another.  A walk-through would be a great example and it would be understood better rather than on paper and it would give the residents a better understanding of their community in terms of the existing zoning versus the proposed zoning.   

Commissioner Ostell stated that this would be a good idea and it would be something staff would do for the residents.      

Ms. Christensen presented one example of the new yellow house at 215 Spring Avenue has the footprint for a larger house that was extended to 1500 square feet and meets the criteria of the Conservation Plan.

Commissioner Ostell asked Ms. Christensen if that could be something staff would consider for the residents.  Ms. Christensen replied that staff would look at the new houses that have been built and would consider a walk-through. 

Mr. Wasilak stated that staff would put together a perspective schedule for a public forum and present it to the Commission by the end of this month. 

COMMISSION ITEMS

Old Business

Commissioner  Medearis asked staff if there was any progress regarding the safety issues with the WINX property.  Mr. Wasilak stated that he would get back to the Commission on that issue.

New Business

Mr. Wasilak informed the Commission about the Zoning Revision Review Committee and the process involved.  He said a review committee would be appointed to provide guidance on whether the modifications suggested in the annotated outline represent the direction the City would like the zoning revision to take.  The Committee would consist of a nine-member group consisting of one representative from Mayor and Council, 2 representatives from the Planning Commission and 1 from the Board of Appeals as well as 5 members from the general public.  Mr. Wasilak stated that staff needs the answer by January 27, 2006.  

Chief of Planning’s Report

Mr. Wasilak discussed upcoming meetings.  The next meeting is January 25, 2006.  He discussed the applications for that meeting. 

Minutes

Commissioner Hilton moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 20-05 as written.  The motion passed on a vote of 5-0.

Mr. Wasilak announced that tomorrow evening, the Mayor and Council are going to be receiving an overall briefing of the Zoning Ordinance Update at 7:00 p.m. in the Mayor and Council Chambers. 
Mr. Wasilak stated that the Mayor and Council are going to be holding special meetings on the Zoning Ordinance on Thursdays, probably twice a month.  The Issues Papers are still being considered. 

Mr. Wasilak reported that there will be a joint Planning Commission/Mayor and Council meeting on January 30, 2006 to receive some briefings on Stonestreet Plan, the Twinbrook Metro area, the Design Guidelines and Phase II of Town Center. 

ADJOURN

After further discussion, the meeting adjourned at 9:01 p.m.