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Rockville Planning Commission Mayor and Council Chambers The City of Rockville Planning Commission convened in regular session in the Mayor and Council Chambers at 7:00 p.m., Wednesday, February 8, 2006. | |||||||||
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REVIEW AND ACTION Comprehensive Planned Development Detailed Application CPD2005-0004W, ASHA Building The application is for the construction of a five-story, 133,870 square foot office building on Research Boulevard, north of its intersection with West Gude Drive, in the Fallsgrove development. Ms. Marks presented the staff report. Ms. Marks described the property. Ms. Marks stated that, as required by the CPD, the Mayor and Council have reviewed and approved the schematic architecture and site design for the proposed building. The American Speech Language Hearing Association would construct the proposed building. The building is anticipated to be the first of two buildings on the site and the applicant will apply for the second building in the future. The proposed second building would be five stories and have a two-level parking structure as well. The applicant has requested a waiver to allow an aboveground transformer on the site. The architecture of the building is contemporary in nature and has interesting design elements associated with it including use of glass treatments with metal panel accents, a metal canopy over the plaza level and a faceted curved window wall feature on the main entrance of the building. The landscape design features a sculptural water element located near the entrance to the site. Stormwater management would be provided by a private off-line surface sand filter located between the parking lot and the stream valley, which would provide the Water Quality Volume for the entire site. The site drains directly into the stream valley just upstream of Fallsgrove Pond 4. The pond provides Flood Protection Volume and Channel Protection Volume for the project site and ½ of its adjacent right-of-way. Ms. Marks explained that the applicant is required to provide an updated Forest Conservation Plan to ensure protection of reforestation areas, the stream valley buffer and existing landscaping and street trees. She said the western portion of the site is bound by the Research Boulevard tributary, which will be dedicated to the City. Ms. Marks stated that, as part of the original Concept Plan, a traffic study was conducted for the entire Fallsgrove development. Twelve on-site mitigation requirements were identified in the Concept Plan and eleven of those have been completed. City staff has been working closely with Fallsgrove Associates and the State Highway Administration to complete the final improvement. There has been some difficulty in acquiring a right-of-way for that project and Fallsgrove Associates has been working continuously to acquire the right-of-way necessary for the project. Ms. Marks stated that the first application is associated with the Fallsgrove CPD, since the deadline for the completion of this last off-site transportation has passed. A condition has been included in both of the projects that require that substantial progress be made of this improvement prior to the issuance of any City permits. Staff recognizes that both applications are non-profit and would be assets to the City of Rockville. Fallsgrove Associates are responsible for the final improvements and they have been making progress. In terms of transportation, staff has analyzed the on-site circulation patterns for vehicles, trucks, pedestrians and bicyclists as well as those facilities on the frontage of the site. Ms. Marks stated that there are two proposed access points off Research Boulevard. There is access to the parking deck from the front of the building and there is loading for the building located in the rear of the building. Ms. Marks stated that staff is comfortable that there is adequate on-site circulation for vehicles and trucks as well as safe pedestrian connections throughout the site and on the site frontage. There is a bus shelter right in front of the building on Research Boulevard. The City’s bikeway master plan calls for a shared-use bike path along Research Boulevard and the applicant will be required to provide an eight-foot bike path along the site frontage and connect the path from their site frontage to Gude Drive with a six-foot path. There is a guardrail there and that section of the path will be constrained. The applicant has asked for a change to Condition 23, and has agreed to a modification to the language. She said the language should read, “The path shall be eight-feet with the exception of the portion constrained by the guardrail, where the path may be reduced to six feet. The applicant will not be required to relocate the guardrail.” The applicant has asked that that be included in the condition. Ms. Marks noted that staff considers this application to be consistent with the approved Concept Plan. Commissioner Holtz questioned staff regarding the main entry of the proposed building on page 12. He noted that the entrance seems to be very narrow. Ms. Marks explained that the main entry to the west of the site is the main entrance, which has a median and it is going to be the building’s monumental entrance. She noted that most of the traffic would enter there. The entrance closer to Gude Drive will be a secondary entrance, which is a minimum 25 feet width, which is required for all entrances. In response to Commissioner Holtz, Ms. Marks stated that both entrances will be full movement, but they anticipate that it would be easier for cars to use the main entrance. The applicant did look at the movements in and out of the site and how that would affect traffic on Research Boulevard and staff is satisfied with the current configuration. Commissioner Holtz asked a loop road on the site. Ms. Marks explained that the loop road, while it must be safe and able to accommodate traffic in the short term, ultimately will be replaced by a second building and a second parking structure. The loop road is to gain access to the back of the site. In response to Commissioner Holtz, Mr. Scabis explained that where the guardrail is located on the site. He said the guardrail is not along the frontage. Staff did not want to move the guardrail because of the affects on the wetlands and the forested buffer in addition to moving the existing slope and it would change other requirements for the development. Commissioner Britton questioned staff about the approved Fallsgrove New Construction Design Guidelines and Standards. Ms. Marks explained that there is a design guideline for all new construction to be maintained for all of the residential features. These guidelines were adopted when Fallsgrove was approved. The Commission discussed concerns about the office buildings regarding orientation of the buildings close to the right-of-way, pedestrian connections from the sidewalk, parking, creating a more urban feel for commercial development, the number of clothing lockers for bikers, use of rights of way outside of City limits that need approval from private property owners in order to execute the privilege, widening of the southbound ramp at Shady Grove, which would provide two right turn lanes, Mayor and Council comments and concerns regarding curbs and surface parking, landscaping and tree buffer, location of a colonial pipeline on the northeast corner of the Fallsgrove development, and handicapped parking close to the entrance of the building. Jody Kline, Attorney, presented the request. He described the building as the national headquarters of American Speech Language Hearing Association (ASHA). He explained that ASHA is going to give up a very attractive campus in North Bethesda and move to Rockville because they want to be in the City at this signature location. He noted that the City will find that ASHA will be an extremely good corporate resident of the City of Rockville. Commissioner Medearis questioned the final grading and slopes of the property. Mr. Patton explained that the site plan showing the elevation changes. Commissioner Hilton asked how one would get from the parking garage to the building. Mr. Patton explained that that the garage would have three levels and there would be walkways to elevators to the main lobby of the building. In response to Commissioner Hilton, Mr. Patton stated that ASHA would have their own cafeteria for their employees. In response to Commissioner Britton, Mr. Patton explained how the LEED principles would be incorporated in the design of the building. Commissioner Britton asked whether the applicant considered moving the building up on the street level to create a more pedestrian friendly community. He noted that if the building was to be more accessible to pedestrians, and that might be the beginnings of great street traffic. Mr. Patton replied that there is concern about the siting of the building, but it was important that people could be dropped off in the front of the building, which is very close to the bus stop. Mr. Patton replied that the buildings close to the street are more mixed use in nature. Other considerations are that the site has a front yard setback requirement, therefore, it would be difficult to build a building as urban friendly. He noted that the building is approximately 60 feet from the property line. They are respecting the street; it is a step in the right direction. The Commission discussed encouraging developers to building office parks as urban friendly communities, parking on the right side of the building is for exterior parking, on-site is a total of 172 surface spaces and 274 spaces structured parking, the applicant’s request for an above-ground transformer (staff has no problem with the request), and the narrowing of the sidewalk on one corner of the site. Mike Goodman, civil engineer explained the narrowing of the sidewalk near Gude Drive, but the guardrail that was already relocated for an improvement at Research Boulevard caused the sidewalk to narrow between the guardrail and the curb line, and to keep the green strip that has the trees; there is minimal space in that area. Mr. Goodman stated that there will be a full six feet of pavement there and the tree strip will be seven feet. Mr. Kline stated that the applicant would accept staff’s rendition of Condition 23. Mr. Kline discussed the remaining conditions. Mr. Kline suggested combining Conditions 19 and 20 because Condition 19 reiterates what is found in Condition 20. He noted that their concern is that they are not in position to acquire any of the easements necessary to implement the pond improvements or ramp improvements and that is what gives them concern because they will need a grading permit on April 1 and a building permit the following ninety days. The bigger problem is dealing with the property owners, and there are no assurances to get this done. He noted that they are behind schedule. Mr. Kline also noted that the history of completion of some of the conditions of Fallsgrove approval do not give them a high level of comfort that these things will be accomplished. If this were an obligation the applicant could control, they would accept the condition. Mr. Kline stated that it is the City’s responsibility to acquire the stormwater easements for Pond 5. Mr. Kline further discussed the applicant’s responsibility of Fallsgrove Pond 4. He said that the stormwater facilities that they will have on the site in conjunction with Pond 4, provide all of the quantity and quality control measures necessary to improve this project. Pond 5 is superfluous from their point of view because having satisfied all of the City’s stormwater management requirements. It is true that there is an outlet and water does run down and there is a natural stream from Ponds 4 to 5, but if Pond 5 were not there, the flow would continue and for that reason that should not prevent them to obtain a permit until Pond 5 is resolved. Commissioner Ostell questioned who is responsible for this matter. Mr. Scabis explained that staff asked the developer, Fallsgrove Associates, to acquire the easements throughout the design of the pond. He said that he believes there is something in the Resolution that states the City would obtain offsite easements. Until a month or so ago, staff was never told that Fallsgrove Associates would not obtain the easements. Mr. Scabis explained that Pond 5, in question, is located across two different properties. There is a conservation easement on the existing pond, but there was never a stormwater easement as well; it is the additional stormwater easement that is required. Mr. Scabis said staff is not changing a use or affecting the existing use in any way. They are only trying to get the necessary easements so that the City can maintain the pond, which the City currently maintains that Fallsgrove Associates is retrofitting. Commissioner Britton asked if staff agrees that Pond 4 satisfy all stormwater management needs. Mr. Scabis replied that the stormwater concept approval for the CPD includes three ponds. Pond 4 does treat the quality and quantity for the site, and if it was not for this other overall concept approval for the retrofit. The only site the retrofit provides treatment for is on a site that has since expired. Without this development, there were no guarantees to get Pond 5 retrofitted other than it was part of the overall CPD concept approval. Staff feels that this property is part of the CPD that Fallsgrove Associates should be subject to that as well, because, otherwise, staff has no way to force the work to be done. Commissioner Britton questioned whether Pond 4 satisfies environmental needs in terms of quality and quantity from that particular site. Mr. Scabis replied that Pond 4 meets the City’s stormwater management requirements. He noted that if this site was not developed under a CPD and there was not this other approval that is subject to this requirement, Pond 4 would meet all the requirements. Mr. Kline stated that they are the first person in the door to the extent that they do not have their guarantee to getting their permit, then they will continue to put pressure on Fallsgrove Associates. Mr. Marks explained the language in Condition 19 is reasonable and addresses some of the concerns of the applicant in terms of things beyond the City’s control. Ms. Block explained the reason for Condition 19. The Commission, staff and Mr. Kline discussed the language in Condition 19, the easements, which are outside of the City, possibly modifying or eliminating Conditions 8 and 19. Ms. Marks explained why Condition 8 was in the staff report and that one of the properties outside of the City was sold to another party, which makes it more complicated for the applicant. Ms. Block stated that staff as well as the applicant is in a dilemma. The dilemma staff has is that it is a condition and it was all of the offsite improvements that were supposed to be completed in the five years of August 2005. She said that Fallsgrove Associates kept in touch with staff and keeping staff apprised of their efforts and the difficulties they have had during the process regarding these properties. The Commission further discussed concerns about conditions that have not been completed by Fallsgrove Associates. Linda Mac Dermid stated that she was representing Route 28 Associates, the applicant for CPD2005-0004X, spoke in support of Mr. Kline’s comments regarding Condition 8, which was also imposed on their application. She said that Fallsgrove Associates’ projects should be conditioned for the I-270 improvements, not Route 28 Associates or this applicant’s project. If the applicant cannot purchase the properties from the two property owners, the Commissioner could consider removing Condition 8 from the application. Commissioner Britton commented that the Commission does not want to be in a situation where it approves everything and there is a condition left unsatisfied. In this situation, the City does have other properties that they can apply some pressure. He noted that, theoretically, this could be a legal impossibility to achieve, because, if the private landowners refuse to sell and the State does not want to get involved, this condition that can absolutely not be met. Therefore, his feeling is to eliminate the condition and not take it out on these two applicants for this unique situation that the Commission finds itself in. However, when Fallsgrove Associates comes before this Commission, it would totally change their tune.
Waiver from the Underground Transformer Requirement The applicant is requesting to place an electrical transformer above ground. Commissioner Hilton discussed the criteria used for granting waivers and that is good cause. This does not include the cost of installation. Ms. Block pointed out that, in non-residential areas, the Commission has had a history of being more accepting of screening. Commissioner Britton stated that screening, itself, does not constitute “good cause”. Mr. Patton explained that the location of the transformer is fifteen feet below grade. He stated that there is a 3’6” high wall on top of the fifteen-foot wall that is there. The transformer vault would be out of view from Research Boulevard. There are also internal walls that surround all of the transformers, generator and the dumpster enclosures. It is fully recessed in this condition. The transformer vault would be screened and recessed on three sides. The Commission discussed concerns regarding the waiver and whether the applicant has provided the criteria for the aboveground transformer. Commissioner Holtz asked the applicant if he owned a house across from Fallsgrove, would he see the transformer. Mr. Patton replied that he would not see the transformer for it would be screened with landscaping and trees. It was noted that the intent of the requirement, Mayor and Council and the Commission is to underground all transformers. Commissioner Britton pointed out the list of Pepco issues in letter are the same issues Pepco raised for the Mayor and Council and the Commission. He noted that Pepco does not like undergrounding. Commissioner Hilton moved, seconded by Commissioner Medearis to approve the waiver with the condition that there be adequate screening consistent with/or in conformance with the building, itself. The motion passed on a vote of 2-3 with Commissioners Hilton, Britton and Holtz voting nay. The waiver was denied. Comprehensive Planned Development Detailed Application CPD2005-0004X, Wood Hill Road Office Building The application is for construction of a three-story, 31,000 square foot office building at the corner of Wood Hill Road and West Montgomery Avenue in the Fallsgrove development. Ms. Marks presented the staff report. Ms. Marks stated that this application is also in the Fallsgrove development. Parking for the building will be provided in a surface lot around the building and as required by the Fallsgrove CPD, the Mayor and Council have reviewed and approved the schematic architectural and site design for this building. The building is proposed to be constructed as the headquarters for the Jewish Social Service Agency. The Fallsgrove CPD was amended to allow this use on the parcel. This parcel within the project was previously designated for multi-family use and the amendment allows office use on the site. This applicant has also requested a waiver for an aboveground transformer on the site. Ms. Marks stated that the building architecture is consistent with the surrounding architecture and is contemporary in nature. It has an aluminum entry canopy with an aluminum and glass curtain entry wall. The building has a cast stone base and a brick exterior façade as well as a brick parapet with cast stone cap extending from the roofline. This site is constrained by a 50-foot gas line easement that runs parallel along MD 28 on the north side of the property. There are no permanent structures or landscaping that may be placed within the Transco easement. Ms. Marks stated that stormwater management for the site will be provided on-site for quality and is treated by Fallsgrove Pond 4 for quantity. As part of the original concept plan, the overall traffic study was completed for the overall site and this particular application was reviewed for on-site circulation patterns for vehicles, trucks, pedestrians and bicyclists. There are sidewalks on all frontages of the site; there is a full movement access off Wood Hill Road. Linda Mac Dermid, representing Route 28 Associates, presented the request. She stated that JESA would provide a wonderful social services benefit to the City and to the surrounding County. The City will welcome a use with open arms. She stated the site is triangular; it is 1.42 acres and the applicant worked very hard to utilize the site with the design of the building. The site is constrained with a 50-foot Transco easement. Transco does not permit any kind of permanent structure on it. She stated that the applicant is requesting a waiver from the underground transformer requirement. Barry Dunn, Architect, presented the design of the building. The Commissioner discussed the type of buffering of the building, landscaping, whether the applicant met with residents regarding the proposal, where the transformer would be located on the site, eliminating Condition 8, and parking on the site. Commissioner Britton moved seconded by Commissioner Holtz to approve Comprehensive Planned Development Detailed Application CPD2005-0004X, Wood Hill Road Office Building per staff recommendations subject to the removal of Condition 8. The motion passed on a vote of 5-0. Waiver from the Underground Transformer Requirement Commissioner Britton stated that in this situation because of the presentation about the unique characterization of the site and the competing interest of having underground transformers, in this case, as much as greenspace as possible. Commissioner Britton said he looks at that as a situation that satisfies the good cause requirement for providing a waiver. He thinks there is a unique situation of having a natural gas pipeline that takes away much of the usable space. In this situation, he would vote for a waiver. Commissioner Britton moved, seconded by Commissioner Holtz to approve the applicant’s request for a waiver of the underground transformer requirement with a condition that the transformer be screened as set out in the staff report. The motion passed on a vote of 4-1 with Commissioner Hilton voting nay. COMMISSION ITEMS Old Business Approval of Decision Letter, Use Permit USE2005-00693, Rockville Congregation of Jehovah’s Witnesses, 626 Great Falls Road Mr. Wasilak presented the Approval of Decision Letter recommending denial of Use Permit USE2005-00693 for the Jehovah’s Witnesses parking lot. He said that staff has provided a draft of the letter to be sent to the applicant. The Commission discussed the language of the letter and included modifications. In response to the Commission, Ms. Block stated that she was informed that Mr. Glasgow said that he is satisfied with the contents of the letter. After further discussion of the draft letter, the Commission decided, given the fact those two Commissioners, who had participated in the application and were not present this evening, to table the discussion until all Commissioners were present. New Business The Commission informed staff to inform Fallsgrove Associates the Commission’s feelings regarding CPD2005-0004W. Chief of Planning Report Mr. Wasilak reported that staff is proceeding to interview applicants for the Zoning Task Force. Mr. Wasilak reported that the Mayor and Council conducted a worksession last Thursday to discuss several zoning ordinance white papers with regard to the green policy to sidewalks and parking. The green white paper will be combined with the environmental performance standard white paper. Staff will be including the revised paper with the white papers at the next to last worksession with the Mayor and Council. There will be one more session on the environmental white papers. Mr. Wasilak stated that there is going to be a review of all the white papers at the next Commission meeting. Mr. Wasilak reported that a request for a monopole behind the Twinbrook Mart is scheduled for February 22, 2006. There is also a second monopole request for Julius West Middle School. Mr. Wasilak reported that a Lincoln Park community meeting is scheduled for February 18 from 9 to 12 at the community center on both plans. Minutes Commissioner Hilton moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 21-05 as amended. The motion passed on a vote of 5-0. Commissioner Britton moved, seconded by Commissioner Hilton to approve the minutes of Meeting No. 22-05 as written. The motion passed on a vote of 5-0. Adjourn After further discussion, the meeting adjourned at 10: 02 p.m. | |||||||||