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Home > Government > Boards and Commissions > Planning Commission > 2006 > Minutes > January 25, 2006 Minutes

Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 02-06
January 25, 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 25, 2006.
    

 Present:

Kate Ostell, Chair
John Britton
Steve Johnson

Frank Hilton
Robin Wiener

Absent: Gerald Holtz

Sarah Medearis 

Present:

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


           

RECOMMENDATION TO THE BOARD OF APPEALS

Special Exception Application SPX2005-00362, Montgomery County Public Schools – for reconstruction of College Gardens Elementary School at 1700 Yale Place.

Mr. Chasten presented the staff report.  He explained that the existing elementary school was constructed in 1967.  The elementary school is one-story in height and is approximately 43,405 square feet in size.  Two modular classroom buildings are located in the rear northwest corner of the site.  The school has a current enrollment of 507 students and a staff of 63 employees.  The school’s enrollment is projected to increase to 546 students with a staff of 66 employees when the school reopens in the fall of 2008. Montgomery County Public Schools (MCPS) plans to fully redevelop the school site by demolishing the existing one-story school and constructing a new two-level 92,761 square foot school.  When the new school is completed, it will have the capacity to hold 615 students with a projected enrollment of 526 students.

Mr. James Song, Director of MCPS Division of Construction presented the applicant’s request. 

In response to Commissioner Johnson, Mr. Song explained that the school was opened in 1967 and the programs designed then versus today, are drastically different.  He explained that by the time the State Department approves the loan for all the classrooms that require support spaces, enrollment will have already increased.  Mr. Song stated that, currently, all the elementary schools are averaging about 80,000 square feet and more.  In that, there will be a larger gym at this particular school and some special education programs, which will be coming in after 2009.  The increase and students, gymnasium and special programs explain the almost doubling of the size of the building.  Because of the 7.9 acres, the school system had no choice but to go up two stories. 

The Commission discussed the school site regarding increase of the impervious portion of the site, stormwater management pond on the site, landscaping, boundary changes  anticipated, and working with the neighborhood and their concerns regarding landscaping screening of the neighborhood from the school.

Commissioner Johnson moved, seconded by Commissioner Britton to recommend approval of  Special Exception Application SPX2005-00362, Montgomery County Public Schools to the Board of Appeals per staff recommendations.  The motion passed on a vote of 5-0.
   
REVIEW AND ACTION

Use Permit USE2005-00693, Rockville Congregation of Jehovah’s Witnesses – for the construction of a surface parking lot to serve an existing church in the R-60 Zone at 626 Great Falls Road.

Mr. Hurlbutt presented the staff report.  Mr. Hurlbutt explained that in reviewing this application, the following issues emerged and have been addressed through TXT2001-00193, which addressed parking lots of institutional uses in residential zones, and deleted Section 25-296 (r.) and (q.), which allowed for off-street parking on a different or separate lot, up to 500 feet from the front entrance of a place of worship.  The Text Amendment added requirements for screening when institutional uses abut residential uses on side and rear yards.  Lastly, the Text Amendment added a provision that grandfathered existing parking lots for institutional uses as nonconforming.  Mr. Hurlbutt stated that the property is located just east of I-270 and north of Maryland Avenue with Julius Middle School to the left to the west of the property.  The site is improved with a single-family house and a detached garage and has vehicle access from Maryland Avenue.  The City has a right-of-way that runs the length of frontage of 626 Great Falls Road that limits development on that site.  The right-of-way is about twenty-five feet in width, which is used to provide sightlines for traffic around a curve on Great Falls Road near its intersection with Maryland Avenue.  Mr. Hurlbutt stated that the current church is located at 624 Great Falls Road.  The proposed parking would be located at 626 Great Falls Road. 

Mr. Hurlbutt presented an aerial photo of the property’s existing conditions of the church and the neighboring lot, which the church owns and has since 1995.  Currently, the property is used for parking (unpermitted) because the parking lot on 626 Great Falls Road is gravel.  The Historic District Commission has approved the existing house for demolition.  The house was not found to meet the criteria for historic designation. 
Mr. Hurlbutt stated that the applicant proposes a new parking lot that would provide additional parking for the church.  The church already meets the minimum-parking requirement with the existing parking lot (45 spaces), two will be deleted in order to meet the Zoning Ordinance requirement for a 168-seat auditorium.  The new parking lot will add 29 additional parking spaces and the existing lot will lose two spaces for a total of 72 parking spaces.  In total, there is a net gain of six parking spaces.  The two lots will be consolidated into one record lot to meet the conditions in the Text Amendment, which does not allow for parking to be located on a separate record lot. 

Mr. Hurlbutt stated that there would be some modifications on the existing parking lot.  To the north, the drive aisle will be enlarged to 18 feet to meet code, the space will be removed to provide handicap access, and one of the spaces in the stacked parking will be stripped off to conform with code that requires 50% of the spaces to be accessible to the drive aisle.  The two parking lots will also share an access on Great Falls Road.  The existing curb cut along Maryland Avenue will be removed.  In addition, the applicant will be required to provide screening along the southern abutting property line.  Currently, there are some fencing and landscaping in that area.  The property has a 20-foot wide segment of right-of-way that runs the extent of 626 Great Falls Road.  The applicant would be required to provide landscaping at a 75% continuous capacity, which it clearly does not at this time.  The applicant will also be required to provide landscaping along Maryland Avenue and Great Falls Road and the abutting property to the south.  Mr. Hurlbutt noted that included in the landscaping plan, the applicant would remove eight trees and replacing them with five trees. The applicant also will preserve a large Green Ash tree by removing a couple spaces that were initially proposed.  The Green Ash tree is a specimen tree that the City Forester asked the applicant to preserve. 

Mr. Hurlbutt stated that, currently, church users also park in 626 Great Falls Road, but they also park at the Julius West Middle School and walk over to the church.  Therefore, traffic would not increase; the parking situation would just change destinations and they would access the parking lot. 

Mr. Hurlbutt noted that staff recommends that the application be approved with condition as stated in the staff report.  The new parking lot should help to reduce spillover parking in the surrounding neighborhoods and provide a safer parking environment for church users. 

In response to Commissioner Hilton, Mr. Wasilak stated that to combine the two lots, the applicant would have to submit a Final Record Plat, which is included in the conditions of approval. 

The Commission discussed concerns regarding the existing parking lot, impacts of traffic entering and exiting the site on Great Falls Road, increased turning movements that could be a safety hazard for other traffic on Great Falls Road because of the proximity to a sharp curve on Great Falls Road, a comfort level needed for traffic flow in that area, how the new parking lot would reduce spillover parking in the surrounding neighborhoods, why a traffic impact study for the proposed development was not prepared, landscaping and screening of the parking lot from Great Falls Road, Maryland Avenue, the property abutting the southern property line, and bringing the gravel parking lot into compliance.

Andrew Werner, the pastor of the church, presented the request.  He explained the purpose of expanding the parking lot.  He stated that the members of the church are very active in the community and the congregation has grown, therefore, the church felt that the new parking lot on the site would better serve the needs of the church members in a safe way rather than having them park across the street on the school’s parking lot.  Mr. Werner noted that the traffic light is not functioning well at the intersection.   

In response to Commissioner Hilton, Mr. Werner explained that there are activities at the church on Saturday and Sunday mornings.  Currently, a Chinese Church is occupying space in the church, along with their activities, and during the summer time, there are soccer activities.  Mr. Werner stated that the church has no conflict with the school in using the school’s parking lot during those hours. 

Commissioner Britton questioned the neighborhoods impacted by the church’s parking.  Mr. Werner replied that it why the members were parking at the school because the church is trying to avoid impacting the neighborhoods. 

Commissioner Britton asked if staff could address issue of broken traffic lights at the intersection (Great Falls Road and Maryland Avenue).  Mr. Wasilak stated that if the lights were not functioning properly, staff would look into the matter.  Commissioner Britton asked the applicant what part was not functioning.  The applicant replied that the light for the walk signal was not working. 

In response to Commissioner Ostell, Mr. Werner stated that the members take up approximately 25 or 30 spaces on the Julius West school site, but only for a short period of time. 

The Commission discussed concerns regarding the number of parking spaces used by the church on the school site, and safety of pedestrians crossing the street to the church site.  

The following citizens testified:

1.  Bridgett Newton, President of the West End Citizens Association, stated that WECA has great concerns about the communication with regard to this project.  She noted that the single-family house and garage located at 626 Great Falls Road had been approved by the Historic District Commission for demolition and was sold without any notification to the neighborhoods.  Ms. Newton said she has spoken with the Presidents of New Mark Commons, Rose Hill, and Rose Hill Falls and none of them were aware of the project.  In fact, most of them are present this evening because of West End’s actions regarding the lack of knowledge of this proposal.  They believe that if this parking lot were approved, it would change the character of their neighborhood.  The intersection is a very convoluted entryway to the West End, to the left and then there is Rose Hill Falls, Rose Hill and New Mark Commons to the right of the intersection.  The park that was built many years ago, on the right, at the intersection of Maryland Avenue and Potomac Valley Road is a wonderful beginning of an entryway into the Town Center and the West End neighborhood.  However, the left side of the intersection (Maryland Avenue and Great Falls Road) is nothing but an impervious surface asphalt parking lot and Julius West Elementary School to the left with a large parking lot really does not give the impression of a welcoming entryway into the western gateway to Rockville.  Ms. Newton stated that WECA believes that this area is a fragile area.  She also commented on the house at the corner of Maryland Avenue and Potomac Valley Road and noted that the church would not be interested in purchasing the property if it were to go up for sale.  She said she really wonders who would purchase that home, which is surrounded by pavement on all sides.  Ms. Newton stressed that, in developing the Town Center with the hope that many people would come and join them, they really do not want those people to see this western gateway when they do come into the City.

Ms. Newton noted that the West End is working with the City regarding the crossing lights and the median there will be a gateway sign, which could say, “Welcome to the Neighborhood”, but no decision has been made at this time. 

Ms. Newton stated that she and her daughter took a petition around the neighborhood to obtain signatures and most of the residents were unaware of this proposal. 

2.  Marsha Douma, 616 Great Falls Road, stated that she is present tonight to try to convince the Planning Commission to reject this proposal.  Ms. Douma presented the Commission with handouts of her presentation illustrating why the Commission should deny this proposal.  Ms. Douma explained that the existing 626 Great Falls Road lot comfortably holds 21 cars.  The Julius West school lot across the street is a safe 2 ½ minute walk across the MD Ave. and Falls Rd. traffic light.  Dozens of congregants already routinely park at the school and would continue to do so.  Six parking spaces will make no difference. 

Ms. Douma stated that this is a solidly residential neighborhood and the parking lot would be totally unnecessary and it would be a real shame to ruin the neighborhood with such an eyesore.   

Ms. Douma explained some of the history of the existing house on the property.  Ms. Douma explained that the existing parking lot is used as a parking lot.  She said that it is a marvelous decision to share the parking lot on the school site.  It should continue.  They only gain 6 parking spaces when they build the new overflow parking lot after the existing house and garage have been demolished.  She noted that the new parking lot would not reduce spillover parking in the neighborhood because there is no spillover because she has not seen church members park their cars in the neighborhoods.

3. Helen Dubov, 3 Stevenage Circle, testified that the church has been her neighbor for 25 years and they have been good neighbors.  Ms. Dubov stated that she has some concerns:  1) she has recently read in the Washington Post that it was found through a study that rockfish now have tumors because of asphalt runoff and rockfish are indigenous to this area.  She said she believes everyone should be concerned and not unnecessarily asphalt areas when other solutions could be made; 2) in terms of the parking, the circle located to the right of the intersection is actually part of New Mark Commons.  Everyday people park along side of that perimeter and she has no problem with that.  Ms. Dubov noted that 25 years ago, Maryland Avenue was a quiet street and now her windows rattle and she feels assaulted by all that is happening to this area.  She noted that the entrance to one of the parking lots that is proposed to be right across the street from her house would further add more disturbance in the evening.  She said she feels there is an environmental impact from this proposal in addition to the asphalt runoff.

5.  Julian Tishkoff, 1104 Prospect Hill Place, testified that he and his family have lived in the area for 23 years.  Mr. Tishkoff stated that he and his family lived in the Markwood community on Marcus Court, just off of Potomac Valley Road.  In that time, he said his impression was that on weekends, the neighborhood has been relatively quiet; the traffic to and from the church including the parking on Potomac Valley Road was not very intrusive.  What is of primary concern to him is the traffic flow that could be going through the area.  The church says they would have as many as 168 vehicles and Ms. Douma presented a very different picture of far fewer vehicles in the area.  Mr. Tishkoff stated that it seems to him that this is too speculative for the Commission to form a good judgment about what should be happening.  He said he would recommend that a great deal more research should be done to determine more definitively what the situation is and what needs to be done about it.

6.  A resident of Rockville testified that he is against the proposal because he believes it would change the character of the neighborhood and necessitate dawn to dusk streetlights, which would adversely affect all of the local neighbors, which no one has addressed.  He said he has a problem with the amount of impervious surface that is proposed.

7.  John Rodgers, 125 Evans Street, testified that he lives three blocks from the property and he is a long time resident of Rockville.  He said that he has made two observations.  One, he would reiterate comments that have been made by others who have testified this evening.  He noted that he found out about the pending application only last night and he had no time to consider the matter.  The second observation he made is that he frequently drives down Falls Road, and he noticed that on the side of the street that the church is on, there have been over the course of ten or fifteen years a number of circumstances with both the church and other residents building parking areas that front the street.  In terms of the aesthetics, it detracts, considerably, from the neighborhood.  

Mr. Rodgers noted that the overall impact of these kinds of developments is that it does not enhance the neighborhood.  Therefore, he feels that the Commission should give some additional consideration to this matter as well as the aesthetics.

8.  Jon Shiancoe with Maddox Engineers & Surveyors for the applicant stated that the impervious area would not be much different because if the applicant brings the gravel parking area up to code, it will be the same situation as it is now.  People are parking there now, even though it may be illegal.  The proposed parking lot would make it more organized for the members to park on the property in lieu of parking across the street.  Mr. Shiancoe explained that the proposed parking lot would have screening around the parking lot with landscaping.  This is not the worse thing that could happen to the City. 

9.  Anne Marill, 1109 Prospect Hill Place reiterated what the previous speakers pointed out regarding short notification and that this project being part of the gateway area to western Rockville and the new Town Center seems contradictory to her.  It compromises the nature of the west end neighborhood.  Ms. Marill commented that the church members could continue using the Julius West parking lot on weekends for the parking lot is for community parking.  

10.  Susan Hoffmann, Monument Street testified on behalf of herself and her neighbors.  Ms. Hoffmann questioned the number of trees proposed for the landscaping of the parking lot.  She asked the Commission to look into that matter.  Ms. Hoffmann commented that she was disappointed that the church did not reach out to the community.  She said she knows that the church said they attempted to do so, but there were many residents who could have been a part of that and staff could have provided contact information.  The City is very interested in upgrading its gateway throughout the entire city.  The treatment of the subject application is a downgrade if the City proceeds in that direction with losing the residential.  This is a residential community with residential character and it needs to be maintained, not denigrated.  Ms. Hoffmann stated that the gain of six parking spaces is fairly pivotal in this argument.  She said she is against the paving of so much area for only six spaces when there is so much adequate parking across the street.  Ms. Hoffmann urged the Commission to deny this application, require the nonconforming lot to be re-landscaped with grass, and that the existing lot be required to be buffered and that the character of their neighborhood be protected and maintained.  

In response to Commissioner Ostell, Mr. Hurlbutt explained the tree forestation plan for the property. 

11.  Jason Mitchell, President of Rose Hill Falls HOA testified that he is speaking for the HOA and their biggest concern is their development and the church’s entranceway being so close to the main intersection of Falls Road and Great Falls Road.  Mr. Mitchell stated that consideration should be made to not removing of the Maryland Avenue entrances to Great Falls Road because they are very concerned about the increased turning movements that could be a traffic hazard for pedestrians, children and other traffic on Great Falls Road.  

Bridget Newton, President of West End Citizens Association clarified that she received one phone message; the gentleman left his name, but no phone number and the message said that he would be returning the call that night.  She said she never received another call from the gentleman.  Ms. Newton stated that she expressed that to staff and it is disappointing to her because she has worked with the City long enough that people know that she returns phone calls and does her best to represent the West End. 

12.  Marcia Douma explained that eight years ago a member of the church informed her that the church and the garage were going to be demolished, but another member of the church interrupted and said that that was not going to happen.  Therefore, in terms of the openness, that is disturbing. 

13.  Aaron Fine, 200 West Jefferson Street referred to the previous text amendments addressing the parking lots.  He noted that this project seems to be going against the intentions of the of the text amendment, which deleted a section from the Zoning Ordinance, which allowed for off-street parking on a different or separate lot, up to 500 feet from the front entrance of a place of worship.  Mr. Fine stated that this property is a separate lot.

Commissioner Ostell explained that the applicant would be coming before the Commission with a Final Record Plat to record the property as one lot, if this application is approved.

Commissioner Hilton explained that the intent of the text amendment was to preclude an organization having a parking lot two blocks away or dislocated from their property serving that facility. 

14.  Timothy Ramsburg with Rockville Congregation of Jehovah’s Witnesses stated that, on behalf of the congregation, he was sorry if the neighbors were not notified.  He said they were not aware of what they were supposed to do regarding notifications except for the homeowners associations.  Mr. Ramsburg noted that they feel that the addition of the new parking lot with the additional landscaping would make the property appear more presentable to people coming into Rockville.  They also feel it is a safety issue because as individuals try to cross the street and cars come around the curve, it does create a safety factor for those people crossing the street.  Mr. Ramsburg stated that this is new to him  in dealing with this project.  He noted that the City informed them that the existing gravel parking lot was illegal and that is why they wanted to go forward with this process to comply with the Zoning Ordinance. 

Commissioner Britton clarified one of the issues regarding the comments on the increase of six parking spaces this evening.  Commissioner Britton asked staff about this illegal use and to clarify whether the choice is either to stop the illegal use or go through this use and upgrade the parking lots and than it becomes legal.  In addition, if the City enforces the regulation and stops the illegal use, there would be zero illegal parking spaces on the site.  Mr. Wasilak replied that that was correct.

Commissioner Britton asked staff that in the event this project fails, would the City take enforcement action or has this happened so long ago that it is no longer a possibility.  Mr. Wasilak replied that staff would have to do some research of the history of the site as to how this came about on this site. 

The Commission discussed concerns regarding the number of spaces on the illegal parking lot, whether there is a special exception process for a gravel lot, definition of impervious surface regarding gravel versus pavement, runoff from gravel parking lot would be greater than the paved parking lot, lighting of the site, too many parking spaces for the use, alternatives to impervious surfaces, parking lot could exacerbate additional traffic hazards on Great Falls Road because of the proximity to the sharp curve on Great Falls Road, that it be incumbent upon the applicants to notify the homeowner associations and the residents regarding all new applications before meeting with the Planning Commission, requesting the applicant to remove the gravel and replacing it with grass as soon as possible, and that the church already meets the minimum parking requirement and can continue to use parking at Julius West Middle School.  

Commissioner Johnson moved, seconded by Commissioner Britton to deny Use Permit USE2005-00693, Rockville Congregation of Jehovah’s Witnesses and to direct staff to prepare appropriate documentation for the Commission to act on at its next meeting based on its comments this evening.  The motion passed on a vote of 5-0, Commissioners Medearis and Holtz were not present to vote on the motion. 

Old Business

Commissioners Ostell, Britton and Hilton (alternate) have volunteered to serve on the Revision Review Committee, which will consist of nine members.  Commissioner Hilton explained that he would only fill in when one of the Commission members could not attend one of the meetings. 

Mr. Wasilak discussed upcoming Committee meeting dates as well as Mayor and Council worksessions with staff to discuss the White Papers and Issues Papers. 

Commissioner Ostell asked staff to obtain copies of the worksession tapes for the Commissioners.

New Business

Commissioner Hilton said that he had the opportunity to attend the Twinbrook Citizens Association meeting last evening at the Twinbrook Community Center.  It was a very well conducted meeting; they are gearing up to consider both their neighborhood plan revision and potentially having a conservation district much like Lincoln Park.  At last night’s presentation, a great of deal of time was spent showing the various housing stock in the Twinbrook area.  They also presented pictures of what has happened thus far with people remodeling and/or building large houses on corner lots, etc.  The meeting was an information night for the citizens.  Commissioner Hilton stated that Art Chambers and Scott Ullery were present at the meeting.

Chief of Planning’s Report

Mr. Wasilak reported that the Commission has a joint meeting with the Mayor and Council on Monday, January 30, 2006 to discuss three long-range planning items:  1) the Twinbrook Metro Area Performance District Design Guidelines.  Mr. Wasilak noted that there is also anticipation of doing the entire Rockville Pike Corridor Plan again:  2) the draft Stonestreet Implementation Plan.  Mr. Wasilak stated that there was a meeting last Thursday with the Stonestreet Task Force.  There next meeting is scheduled for February 6, 2006; 3) Monday night is Phase II of Town Center, the area north of Beall Avenue and outlining the next steps in the process. 

In response to Commissioner Johnson, Mr. Wasilak explained that the Mayor and Council continue to be troubled by the name Newmarket Street and want it to be renamed. 

Commissioner Johnson stated that he would not be present at the February 8, 2006 Commission meeting. 

Mr. Wasilak informed the Commission on the upcoming agenda for the February 8, 2006 meeting.  He also noted that there have been two monopole special exception applications filed.  One is for Julius West property and other is proposed to be located behind the Twinbrook Mart Shopping Center off Veirs Mill Road.

Mr. Wasilak informed the Commission that there was some discussion about the Chestnut Lodge PRU application and staff is anticipating bringing back the application before the Mayor and Council for their approval of the resolution.  

Mr. Wasilak reported that the Archstone Development that was approved about a year and a half ago on the corner of First Street and Veirs Mill Road are beginning to move forward with their project. 

ADJOURN

After further discussion, the meeting adjourned at 9:15 p.m.