Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 12-06
June 28, 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 28, 2006.
    

Commissioner Ostell stated that the Commission would be hearing only an update of the two Plans tonight.  The Commission will make a recommendation on the two Plans at its next meeting on July 12, 2006. 

RECOMMENDATION TO BOARD OF APPEALS

Special Exception SPX2005-00363, Georgetown Hill Child Care Center

The applicant is requesting a special exception for the expansion of an existing day school by one classroom, increasing enrollment, in the R-90 Zone at 850 Nelson Street.

Mr. Chasten presented the staff report.   Mr. Chasten stated that the applicant is seeking approval to construct new classroom space and increase the number of the children attending the existing private day school located within the R-90 Zone.  The center currently has an enrollment limit of 96 children and the applicant is seeking approval to increase the enrollment limit to 123 students.  He said it would take 2 to 3 years to reach this capacity.  The children would be dropped off and picked up by relatives and parents.  The arrival and departure will be staggered.  Mr. Chasten said that there would be no increase of traffic with this expansion.  He stated that the building is one story in height and is predominately of masonry construction.  Located to the rear of the building’s east wing is a fenced outdoor playground, which contains an assortment of children’s play equipment.  To the west of the fenced outdoor play area is the swim club’s pools, a large conventional size pool and a smaller wading pool.  The pools are surrounded by concrete surface decking and are located to the rear of the building.  The pools are fenced so that direct access is only via the clubhouse. 

Mr. Chasten stated that the site has surface parking facilities containing 77 vehicular parking spaces.  Vehicular access to the site is by way of dual site entrances on Nelson Street.  The outdoor swim facility is seasonal and is operational only between the months of June and September.  The existing private day school operation occupies the eastern section of the clubhouse building and is operational year around, Monday thru Friday between the hours of 7:00 a.m. to 7:00 p.m. 

Mr. Chasten stated that the applicant proposes to expand the building capacity of the existing private day school by constructing a 2,300 square foot building addition.  The existing center provides before and after childcare and educational services programs to pre-school and school age children.  The proposed building addition would create two new classrooms to accommodate an increase of 27 additional children.  Under the previously approved special exception, the private day school has a maximum enrollment limit of 96 children, with a maximum of 78 children allowed on site at any one time.  Once the addition has been constructed, the private day care would have a total of six classrooms.  The school would continue to be closed on Federal holidays and those days that County public schools are closed due to inclement weather. 

Mr. Chasten reported that, currently, there are 48 children enrolled at the center, well below the 96 currently allowed.  Mr. Chasten stated that there would be a total of 14 staff members employed by the school. 
Commissioner Hill questioned whether there is an obligation that this use remains an ancillary use or a structure as opposed to a main use due to the intensity of the use.  Mr. Chasten replied that the primary use of this property is the swim club.  The proposed addition is viewed to be modest relative to the parking capacity of the site.  He said that there is ample parking to accommodate both uses.  He noted that this operation is year around and the pool is seasonal.  Staff does not see any conflicts that this would become the predominate use of this property. 

In response to Commissioner Hill, Mr. Wasilak explained that he does not feel there is a requirement that this use would be ancillary to the swim center.  The swim center building was initially constructed as that use and he does not believe there is anything in the approvals that would stipulate that.   

Megan Wallace, Attorney for applicant presented the request.  She concurred with the conditions in the staff report.

The Commission expressed concerns regarding possible increase in traffic, and the location of the playground. 
Commissioner Ostell questioned why the applicant wants to expand now when enrollment is low now.  Ms. Wallace explained that they want to expand the program to add a two-year-old classroom because there is a need to serve younger students in this area.  It would also provide a path for parents if they want to continue their children through the fifth grade without any further expansion currently of the building premises.    

In response to Commissioner Ostell, Ms. Wallace explained that the playground would be moved back a bit from where the expansion is proposed, which is back towards the fence line and also curve around towards the baby pool because there is room in that area for playground equipment. 

Mr. Dennis Delizzio, Architect explained that they would age discriminate the playground directly behind the proposed addition.   They do not see that there would be any conflict for playgrounds for their proposed uses. 
Commissioner Holtz moved, seconded by Commissioner Wiener to recommend approval of Special Exception SPX2005-00363, Georgetown Hill Child Care Center to the Board of Appeals per staff recommendations.  The motion passed on a vote of 4-0.

REVIEW AND ACTION

Final Record Plat PLT2006-00461, Tower Dawson, LLC

The applicant proposes to create four record lots totaling 23,035 acres in the O-3 Zone in the Tower Oaks development.

Ms. Marks presented the staff report.  She said the applicant is proposing four parcels that would be developed with an office building, a hotel and hotel residence and a stream valley park and stormwater management facility for future dedication to the City.  Ms. Marks stated that the four parcels would be developed with a nine-story, 198,400 square foot office building, a 300-unit hotel that includes 200 traditional hotel rooms and 100 hotel residences and support facilities and a 75,000 square foot fitness center within the Tower Oaks Comprehensive Planned Development.  The buildings are located on 23,035 acres of land at the southeast corner of Tower Oaks Boulevard and Wootton Parkway.

William Kominers, Attorney, presented the request.  He said the applicant accepts staff recommendations. 

Commissioner Holtz moved, Commissioner Wiener to approve Final Record Plat PLT2006-00461, Tower Dawson, LLC per staff recommendations.  The motion passed on a vote of 4-0.

Use Permit Application USE2006-00696, JBG/Market Square, LLC

The applicant is proposing the construction of 431 units and structured parking in two buildings within the Upper Rock development at 1-11 Choke Cherry Road in the I-3 Zone.

Ms. Marks presented the staff report.  The application is for the approval of two residential buildings on Blocks E and F.  The Block E building is proposed for 235 units and associated structured parking and the Block F building is proposed for 86 units and associated structured parking.  The Block F building would also contain the parking structure to accommodate the displaced surface parking for the SAMSHA building on Block A.  In addition, the application also covers the two existing buildings on the site.  The 238,087 square foot office building at 1 Choke Cherry Road, Block A, and the 73,700 square foot building at 5 Choke Cherry Road, Block B.  The existing three-story, 73,700 square foot building will be retained and ultimately converted into a residential use in the subsequent phase of the development.  This use permit supersedes all previous use permits for the site.  The PDP application was approved by the Mayor and Council on May 23, 2005 and determined the land use as a development potential for the Upper Rock development including the two existing office buildings on the site and an additional 23,500 square feet of commercial and retail, 7,250 square feet for a future marketplace and 844 dwelling units, including 126 live/work units.  The property is bounded by Shady Grove Road to the west, Choke Cherry Road to the north, Piccard Drive and King Farm development to the east and Shady Grove Road interchange of I-270 to the south.  The site consists of approximately 19.8 acres.  The Upper Rock district is a redevelopment of an office park located adjacent to a rapidly growing commercial and residential development.  A series of charrettes and community meetings were held at the start of the project to get input from stakeholders in the area and develop a concept for the site.  The property is located 1.5 miles from the Shady Grove Metro station and within 1500 feet of the future Corridor Cities Transit way, which will run along the site adjacent to I-270.  The property is also located along the bus routes of Ride-On bus service and adjacent to a Master Plan bikeway. 

Ms. Marks stated that the Block E building is proposed as an eight-story, 345 multifamily unit building, 90-feet in height with parking and associated amenity space.  Seven of the street level units in Block E are proposed as two-story live/work units.  Block F is proposed as a six-story, 86 multifamily dwelling unit building, and 60 feet in height with parking and associated amenity space.  All parking would be provided in parking structures and all residential parking would be located within the adjacent block.  Special attention was given to the pedestrian crossing from the parking structure to the entrance of the office building.  Ms. Marks stated that a portion of the interior loop road and associated streetscape will be constructed with this phase, as well as the two-way marketplace monumental entrance off Choke Cherry Road.  The applicant will be constructing a pedestrian stairway and sidewalk connection through the City’s Park property adjacent to the King Farm F-5 building to connect the pedestrian way between Blocks E and F with Piccard Drive and future Corridor Cities Transit way station in King Farm.  These steps will be known as the Spanish Steps and will be constructed and maintained by the applicant. 

Ms. Marks continued with architecture of the site, which is consistent with the new Urbanist community that is now being developed.  Ms. Marks discussed the parking analysis.  She also noted that the applicant would be providing 12.5% of the units as MPDUs as required by the City code.  The applicant will be priority marketing these units to interested parties, ages 55 years and above, as active senior housing is required by the PDP. 

Ms. Marks stated that the Department of Public Works approved the stormwater management concept plan for the PDP and the entire site in November 2004, and revised stormwater management concept plan for this phase in June 2006.  The existing pond that was constructed in association with USE2003-00655 (SAMSHA Building) will provide the stormwater management quantity control for the entire site and quality control for the site except for Blocks E and F.  An underground sand filter located between Blocks E and F will provide quality control for those blocks. 

Ms. Marks noted that the applicant would also be providing bicycle-parking facilities, contributing towards two bus shelters and would be participating in the City’s Transportation Demand Management (TDM) program.  The applicant is also required to construct traffic calming devices in the adjacent King Farm community, which will improve the overall transportation network in the area.  The applicant has been working with the King Farm community to approve a plan for traffic calming on Redland Boulevard.

Ms. Marks stated that the applicant has incorporated Sustainable Design Elements or ‘Green’ elements into the designs of the Block E and F buildings and site.  They have committed to achieving a minimum of 26 LEED points per USGBC standards to qualify as a “Certified” building pursuant to the LEED-NC rating system for the two buildings, site and systems approved under this Use Permit. 

Ms. Marks stated that the applicant is required to contribute $75,000 for design and/or construction related to conversion of the drying shed on the five-acre King Farm Homestead Park to an outdoor dining pavilion.

The Commission discussed concerns regarding circulation patterns for service vehicles, whether the units would be owner occupied or rental, Condition 13 regarding screening of structured parking facilities, Condition 22 regarding an entity established by the applicant to be responsible for the maintenance and operations within the development, parking analysis, stormwater management for the site, green roofs, distribution of the required MPDUs, traffic improvements, future dedication of streets for public use, Condition 36 regarding the bike path, and Condition 39 regarding the applicant’s contribution of $125,000 into the City’s Transportation Improvements CIP Fund for a traffic signal, if warranted.

Steve Jervey with JBG, presented the request.

Nancy Regelin, Attorney, presented the background of the project.  Ms. Regelin stated that this is a reuse of an impervious site.  She described the site, the proposed dwelling units for Blocks E and F, the shuttle system, the upgrade to the bike connection, future upgrade to the millennium trail, improvements to pedestrian safety, a pedestrian refuges in the medium, upgraded crosswalks, traffic calming devices on Redland Boulevard, having a safer, full signal at the Safeway, speed cameras, MPDU units that will not be clustered.  Ms. Regelin explained that the proposed traffic signal at Piccard Drive and Choke Cherry Road is not warranted and they do recommend and support an addition of time in order to make sure a pool of money is there for the King Farm in the future if that traffic signal is warranted.

Ms. Regelin stated that there will be a left turn lane through King Farm Boulevard onto Route 355 and there will be a contribution toward the Hay-drying Shed.  Ms. Regelin discussed  greenspace.  She noted that there would be an overall master plan for the entire site.  There will also be a declaration on this property. 

Ms Regelin explained about the parking and Art in Private development.  She said they are interviewing artists now. 

Anthony Lucarelli, Architect with the JBG team.  He described the overall site design and spoke about the basic nature of each building. 

Ms. Regelin stated that the applicant is satisfied with the conditions in the staff report.  Ms. Regelin referred to a typo in Condition 36 c. on page 7 of the staff report.  The word “extend” should be changed to “extent”.  The applicant supports the extension of the time period to hold up $125,000 contribution for the Piccard Drive traffic signal after full build-out of all of Upper Rock. 

Commissioner Ostell asked how the applicant would feel about a wider bike trail.  Ms. Regelin replied that they have not looked at that and one of the conditions is to submit the actual design engineering drawing to Department of Public Works for all of the on-site/off-site public roads.  They will look at that matter.

The Commission discussed sidewalk widths, pollution, live/work units, trees and root system.

Jason Young, project manager with JBG, discussed pollution. He said the site does have some soil contamination on it under where the SAMSA garage is to be constructed.  During the PDP and the charette, the prime purpose was putting the SAMSA garage in that location.  They are involved in the Volunteer Cleanup Program with the Maryland Department of Environment right now.  They just submitted a response action plan to them.  Earlier this year, they held a public meeting and they have had no public comment or concern about their remediation plan.  Mr. Young stated that the plan is to remove contaminated soil, which is approximately 20 feet below the surface, but in the Volunteer Cleanup Program for this type of site, a residential use cannot be placed on top of something with this type of contamination, which has led them and their design and planning process to put a parking garage on that location, which also explains why they cannot put a residential liner building on the southern basing edge of that because it is not permitted by the Maryland Department of Environment. 

In response to Commissioner Hill, Mr. Young explained that the cause of the contamination was the fact that there used to be a film processing plant on that site and the source has been removed due to the demolition of the plant at 3 Choke Cherry Road.  However, there are some contaminant soils still remaining about 40 feet below the surface.  Mr. Young stated that the State did not require them to remove the soil contaminates, but, in order to be a good neighbor, they will remove the soil even though the State was not requiring it to be removed.  Even though the soil will be removed because of its classification, they are not allowed to build any residential on top of it.

Collin Green, landscaper with HOK addressed the concern for street trees.  He said they are working with City staff on that issue.  He explained the plan.  Ms. Regelin explained the replacement of the trees if the original trees should die. 

Commissioner Hill moved, seconded by Commissioner Wiener to approve Use Permit Application USE2006-00696, JBG/Market Square, LLC with the following amendments to Conditions 14 and 36.  Condition 14 would read “The applicant shall make a monetary contribution of $75,000 intended for the design and/or construction related to conversion of the drying shed on the five-acre King Farm Homestead Park to an outdoor dining pavilion or another use if plans of that structure changes”.  Condition 36 Item a would read “A minimum eight-foot bike path, preferring applicable standard width where possible, the eight-foot tree buffer on Shady Grove Road along the frontage of the site per DPW and County requirements.  The applicant shall dedicate the right-of-way and/or provide a Public Improvements Easement on Shady Grove Road along the frontage of the site, if needed.”  Correct the typo in Condition 36 Item c – changing the word extend to extent, and Condition 39, in the last sentence should read, “If the signal is not warranted in five years after full buildout, the monies shall go to additional traffic improvements identified by the DPW in the vicinity.”  The motion passed unanimously. 

Update

Lincoln Park Neighborhood Plan & Lincoln Park Conservation Plan – to consider recommended changes to the Plan, and the resolution to approve and forward to the mayor and Council.

Mr. Wasilak informed the Commission that staff is proceeding with putting together the resolutions of approval for both the Neighborhood Plan and the Conservation Plan and reviewing the Neighborhood Plan making sure that it is up-to-date.  The draft was done a number of months ago.  Staff is looking at specific issues regarding Washington Gas Company property and most of the changes for the Conservation Plan have been made and expressed to the Commission by Judy Christensen.  Staff will bring the Plans back before the Commission at its July 12 meeting, which would be subsequent to the Mayor and Council’s July 24 public hearing. 

COMMISSION ITEMS

New Business

The Commission discussed height waivers regarding monopoles and possibility scheduling a worksession to discuss this issue and to look at the overall policy and procedures with the knowledge that this type of issue would come up again.  Mr. Wasilak explained the advertising procedures for scheduling a worksession. 

After further discussion, it was decided that staff set up a Planning Commission worksession with the communications staff at the Commission’s July 26 meeting to discuss the monopole issues and procedures.
Commissioner Ostell stated that she went to the State Highway Administration (SHA) meeting on the Veirs Mill Road interchange.  She encouraged the Commissioners to attend the next meeting, July 19, at Rockville High School. 

Chief of Planning Report

Mr. Wasilak stated that the next meeting is on July 12.  He listed the upcoming applications for that meeting. 

Mr. Wasilak reported that there is a use permit time extension coming up for Twinbrook Commons development.  Also on the agenda will be the Lincoln Park Plans to be recommended to the Mayor and Council.  Mr. Wasilak stated that, at the Mayor & Council July 10 meeting, they would be considering the Zoning Ordinance Outline.  In addition, there is a use permit for Rockville Corporate Center coming up, which is of some concern with King Farm residents.  There was a public meeting with the King Farm residents last week. 

Mr. Wasilak reported that staff has been working with the applicants of Chestnut Lodge and will be bringing the package before the Commission for its consideration at a future meeting. 

Minutes

Commissioner Wiener moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 5-06.  The motion passed on a vote of 3-0-1, with Commissioner Hill abstaining.

Commissioner Holtz moved, seconded by Commissioner Wiener to approve the minutes of Meeting No. 8-06.  The motion passed on a vote of  3-0-1, with Commissioner Hill abstaining.

ADJOURN

After further discussion, the meeting adjourned at 9:43 pm.