Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 11-06
June 14, 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, June 14, 2006.
    

REVIEW AND ACTION

Final Record Plat PLT2006-00458, Shannon Allcock – for the creation of one record lot of 42,558 square feet in the I-1 Zone, at the northeast corner of E. Gude Drive and Southlawn Lane. 

Mr. Wasilak presented the staff report.  Mr. Wasilak explained that last year, there was a special exception approved for a Class I automobile filling station for this site, and a subsequent use permit was approved earlier this year for this site.  A condition on that use permit was to approve the lot as a single record lot.  Staff has found that the condition is in accordance with the previously approved use permit.   

Raymond Norris, Civil Engineer with Maddox Engineering, Inc. presented the applicant’s request.

Commissioner Johnson moved, seconded by Commissioner Wiener to approve Final Record Plat PLT2006-00458, Shannon Allcock with staff’s recommendations.  The motion passed unanimously.  Commissioner Hill wished Mr. Allcock good luck in breaking ground and getting his filling station underway.

Final Record Plat PLT2006-00459, National Lutheran Home – for the creation of two record lots of 31.03 aces in the R-E Zone, at 9701 Veirs Drive. 

Mr. Wasilak noted one correction in the agenda that this request is for the consolidation of two lots into one single record lot.  The property is the National Lutheran Home for the Aged on Veirs Drive and will create a small record lot in the R-E Zone of 31.03 acres.  Mr. Wasilak stated that a use permit was approved on September 28, 2005 for a proposal to construct five new one-story triplex housing units for the elderly and physically handicapped.  This is a condition of that use permit to incorporate that parcel into a single record lot.

Commissioner Hill inquired whether recording this one piece of the property would limit any future potential reuse.      

Walter Petzold, Civil Engineer with Oster, Imus & Petzold presented the applicant’s request.  Mr. Petzold explained that this parcel is the remainder of the Simmons property and it is the last piece of property that is adjacent to the Lakewood Country Club.  He said the applicant concurs with staff’s conditions.

Commissioner Holtz moved, seconded by Commissioner Wiener to approve Final Record Plat PLT2006-00459, National Lutheran Home with staff recommendations.  The motion passed unanimously. 
             
RECOMMENDATION TO MAYOR AND COUNCIL

Zoning Revision Outline – for consideration of the draft Zoning Ordinance Outline, as recommended by the RORZOR (Representatives of Rockville Zoning Ordinance Review) Committee.

Ms. Cross presented the highlights of the draft Zoning Ordinance Outline.  Ms. Cross explained that for the past three months, the RORZOR Committee has met on an almost weekly basis to discuss the organization of the outline and some of the policy considerations of that organization.  Ms. Cross explained that the RORZOR Committee was created for developing a draft Zoning Ordinance to provide to the public.  When staff created an original outline, the RORZOR Committee made a number of changes from that draft.  Ms. Cross said she emailed a complete list of changes to the Planning Commissioners today. 

Ms. Cross stated that the outline submitted this evening is the final draft; however, as the Committee continues to develop additional direction in the draft ordinance stage of revision process, the outline may change.  The final ordinance will likely resemble a large portion of this outline.  The outline divides the new ordinance into eighteen different articles and each article within the outline provides three things.  The first is the Contents; the second part is the General Commentary, and the third is specific sections portion of each article, which would provide more guidance as to the language that will be developed for the ordinance.

Ms. Cross pointed out three main things that community is recommending.  The first is to make code more user-friendly, the second goal would be to clear up and address some technical details within the ordinance such as application processes.  The third goal would be to modernize the zoning concepts. 

Ms. Cross summarized the topics of discussion and decisions discussed throughout many meetings.  Ms. Cross provided information regarding the next several meetings from June through July.  The RORZOR Committee will reconvene for regular meetings in the fall, just after Labor Day.   

Mr. Chambers commented that RORZOR members did not really know what they were getting into.  He noted that the Committee proposes to get this done sometime in 2007.

The Commission discussed zoning topics such as form based zoning, multi-use districts, industrial live/work, flexibility in requirements, build-to line, space consumption, resolving issues regarding interaction between developers and citizens, notifications, charettes, nonconformities, grandfathering of existing uses, residential setbacks, flexibility of on-site parking, incentives to use public transportation, residential parking, amendment of applications, and zoning of annexed land.

After further discussion, the Planning Commission ordered staff to pass this outline onto the Mayor and Council with a positive consensus.  The Commission praised staff for doing such a good job.    
      
COMMISSION ITEMS

New Business

Commissioner Ostell asked for information on Twinbrook Commons area.  Mr. Wasilak explained that JBG (developer) came to the DRC meeting to talk with staff about needing some modifications based on some feedback that they had received from WSSC in terms of how the sewer and water lines could be routed through the development.  He said the option that JBG was presenting to staff would have destroyed the buffer between the Metro Station and the townhouses on Halpine Road.  Staff did not react favorably to that because that was a pre-key component to the approval.  Mr. Wasilak noted that he did receive word today that JBG has backed off that completely and they are going to adhere to their commitment to keeping that buffer.

John Tyner, 5911 Halpine Road stated that they were informed by email today that JBG spoke to TCA and Cambridge Walk I and II informing them that they were going to work on an alternative.  

Chief of Planning’s Report

Mr. Wasilak reported that staff would bring back the Lincoln Park Plans at the Commission’s next meeting for consideration.
 
Mr. Wasilak reported that the Commissioners may have seen in the Rockville Gazette today that Centex Homes has pulled out of being the developer for both the WINX property and the MCPS property on Stonestreet Avenue.  He said that, from what he understands from the attorney, is that the owner of the WINX property is still interested in pursuing development of that property and may pick up the RTH text amendment.  The Commission further discussed developing the land under other procedures, as well as other uses on the properties.

Commissioner Ostell commented on the monopole at Julius West.  The Mayor & Council requested the Board of Appeals to delay action on Julius West monopole until the fall.  Commissioner Britton pointed out that there has been conversation around the community about perceived health affects from the monopole.  He noted that it is his understanding that the Planning Commission cannot discuss that issue.  The Commission is pre-empted because the FCC regulations.  Commissioner Hill noted that the Commission can discuss anything it wants, but cannot make a finding in the Commission’s decision based on that factor. 

Mr. Wasilak stated that the Twinbrook monopole height waiver will be considered on June 19 by the Mayor and Council.      

Minutes

Commissioner Britton moved, seconded by Commissioner Johnson to approve the minutes of Meeting No. 2-06 as amended.  The motion passed on a vote of 4-0-3 with Commissioners Holtz , Hill (not present at this meeting) and Medearis abstaining.

Commissioner Holtz moved, seconded by Commissioner Johnson to approve the minutes of Meeting No. 3-06 as amended.  The motion passed on a vote of 4-0-3 with Commissioners Wiener, Hill (not present at this meeting) and Johnson abstaining.

Commissioner Britton moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 4-06 as written.  The motion passed on a vote of 6-0-1, with Commissioner Hill (not present at this meeting) abstaining.

FYI Correspondence

Mr. Wasilak provided an update of a letter sent by Whalen Properties regarding special exception/variance that was approved by the Board of Appeals for the reconstruction of an existing automobile filling station (Class I) with ancillary retail and food sales, in the C-2 Zone, at 801 Hungerford Drive.  The letter discussed the fact that they and the owner of the SAAH Center were not notified of these applications.  Mr. Wasilak explained that, typically, staff does not have information on property managers, so they are not part of staff’s normal notification process.  He said he believed that staff sent an actual notification to the owner of the SAAH property, who lives out of state.  Mr. Wasilak explained the notification process.