Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 13-06
July 12, 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, July 12, 2006.
    

REVIEW AND ACTION

Time Extension for Use Permit USE2002-00654, Archstone-Smith Operating Trust – request for a 1-year time extension to begin construction of the 192-multifamily units and parking garage approved by the planning Commission on September 22, 2004.  The property is in the O-1 Zone at 100 First Street.

Mr. Hurlbutt presented the staff report.  Mr. Hurlbutt explained the reason for the time extension.  He noted that the applicant has accomplished many of the necessary steps for building construction including plat recordation, demolition of an existing structures and submission of required permits.  The applicant wishes to obtain a time extension to cover unforeseen future delays as site work proceeds to construction.

Barbara Sears, Attorney with Linowes and Blocher, presented the applicant’s request.  Ms. Sears emphasized the difficulties Archstone has faced, in terms of moving forward on the project, primarily caused by the State Highway Administration (SHA) and the complexities of working with them and one of the issues is that SHA has been considering the intersection of Veirs Mill Road and First Street for some major improvements.  As a result, they had many alternatives as to how to improve that intersection.  She said they had to wait until the use permit was approved in order to finalize several of the issues in terms of the right-of-way that would be potentially swapped with the SHA; the rebuilding of the stormwater management surface pond to do underground stormwater in the garage and vaults and to do several other complicated issues about moving the access on First Street.  After the use permit was approved, there were four months of negotiations to reach the final conceptual agreement on these issues with the SHA.  They then wanted the final engineered plans from the applicant and only then would they look at the record plat and sign it, which they had to do because of the land exchanges.  It was not until July 6, 2005 that they were able to record the plat and the use permit was approved in September 2005.  Ms. Sears noted that, once the plat was signed, they were able to close on the property on July 20, 2005 and there was a very complicated SHA permit that was issued June 13, 2005 that allowed the plat to be recorded.  Once the plat was recorded, they could do all of the plans and they could issue this permit and they were able to close and then they were able to submit many of the necessary permits to the City in March 2006.  They are waiting comments from the City.  Ms. Sears said the building has been torn down; there has been some site work and they are ready to go as soon as the permits are issued.  They think much good cause exists for this request.  She noted an error in the letter from Mr. Jeffrey Harris, Archstone-Smith (page 2, July 20, 2006 corrected to read July 20, 2005).  Ms. Sears stated that the Commission would agree with them that very good faith efforts were performed to work through the process, which was more difficult than usual. 

Commissioner Ostell inquired whether there would be a sidewalk from the subject property, along Stonestreet Avenue, under the bridge.  Ms. Sears explained that the sidewalk has been permitted by SHA.  The applicant has been working with staff quite extensively regarding the sidewalk. 

Commissioner Johnson moved, seconded by Commissioner Britton to approve Time Extension for Use Permit USE2002-00654, Archstone-Smith Operating Trust.  The motion passed unanimously.

Use Permit Amendment USA2005-0685A, Washington Metro Area Transit Authority (WMATA) – for a minor shift in the location of the proposed WMATA garage on the west side of the Twinbrook Metro station, within the Twinbrook Commons development on Chapman Avenue in the RPC Zone.

Ms. Torma presented the staff report.  She presented the background information. Ms. Torma stated that the original application (PDP2004-00009) adopted by the Mayor and Council (April 4, 2005) for 1,595 multi-family residential units, 220,000 square feet of retail, and 325,000 square feet of office space.  This use permit is for the west side of Twinbrook Commons and was one of three use permits approved in June 28, 2005.  This use permit consists of 359 residential units, 97,600 square feet of retail, 325,000 square feet of office space and a 420-space WMATA parking garage.  This use permit is for the site located on the west side of the railroad tracks.  The applicant originally proposed to shift the garage 30 feet to the south and move the vehicular access to the parking garage closer to the Halpine Road and Chapman Avenue intersection.  However, staff requested the applicant to find an alternative location for the access into the garage.  With subsequent revisions to the garage location, the applicant ended up with moving the garage entrance further from the intersection.

Ms. Torma stated that the applicant’s request is to amend the use permit site plan to shift the WMATA parking garage 45-feet to the south in order for WMATA to safely and efficiently access its transformers and electrical equipment located immediately to the north of this garage, relocate the access to the garage from the west façade to the north façade and revise the design of the garage to accommodate an “out board” stairwell and elevator.  This amendment is for the WMATA parking garage in Phase IC (Block A4).  As a result of the shift in location of this garage, an additional use permit amendment is required for the proposed adjacent residential/retail building on the west side.   

Ms. Torma informed the Commission that the office building and the private parking garages located in the south end of the site, Phase 2A, Blocks B1 through B3, would not be affected by this amendment.  The conditions in the staff report should also reflect the conditions for that phase. 

Ms. Torma provided information on three new conditions regarding this amendment.

The Commission discussed concerns regarding the relocation, what the transformer services, the new conditions (Condition 45 and 46), and whether changes of space could amount to additional height in any of the buildings.

Pat Harris, Attorney, presented the applicant’s request.  Ms. Harris explained the reason for request.  She explained the need for more space in order to access the transformers.  There is an underlying PDP approval, and the reason why they would have to come back before the Commission for the retail/residential building in Phase B is because there is 45 feet less land area to work with and the shift could reduce the number of residential units as well as loss of retail space.  They understand that the perimeters of the PDP would ultimately control the development on that portion of land.  Ms. Harris stated that the applicant accepts the conditions.

Commissioner Hill questioned the changes in the buildings, such as whether further building height would be proposed in resolving unspecified location shifting due to effective ground coverage loss.  The applicant testified to no intention to ask for increased building height as a result of shifting locations.

Commissioner Holtz moved, seconded by Commissioner Wiener to approve Use Permit Amendment USA2005-0685A, Washington Metro Area Transit Authority (WMATA) per staff recommendations.  The motion passed unanimously.

RECOMMENDATION TO THE MAYOR AND COUNCIL

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

Mr. Wasilak explained that staff has put together a draft resolution that would approve the Plans subject to the draft addendum and errata sheet.  Mr. Wasilak went through some of the items staff is recommending be modified in the original draft, particularly in the residential neighborhood area.  Staff updated the text on pipestem lots acknowledging that those have been prohibited by the City’s Zoning Ordinance, but, staff also wanted to make sure that should that law be repealed that it is clear that in this neighborhood it is not desirable.  Mr. Wasilak reported that staff updated some text regarding the conservation district and focused primarily on the WINX property and modified the text there and are recommending that there not be a particular cap on the amount of dwelling units providing that the text specify the type of development that can occur there.   In the text, the maximum density to be achieved on the site should be limited by site considerations, required buffering from the adjacent railroad tracks and industrial property, compatible lot sizes, height limitations and setback requirements with the existing neighborhood, and provision of green space, in addition to other factors.  The applicant or developer would be required to meet those requirements.

Mr. Wasilak stated that the text requires that the Local Emergency Planning Council (LEPC) for Montgomery County has identified this site as being in proximity to the Washington Gas underground storage facility, and the Suburban Propane storage facility, in addition to potential hazards along the CSX railroad tracks.  This plan supports additional forms hazard mitigation, including but not limited to additional forms of egress from the neighborhood, including a potential connection of Westmore Road to MD 355, physical barriers, and leak detection and monitoring of facilities, if feasible.  The LEPC should be fully involved in any redevelopment of the property.

Mr. Wasilak further discussed each chapter with changes of the Lincoln Park Neighborhood Plan such as the MCPS property, Institutional Uses, Buffers and Transitions, Historic Preservation, Environment, and Implementation Strategies, which includes the reconstruction of Stonestreet Avenue.  The word Realignment was omitted from this chapter.

The Commission discussed concerns regarding possible annexation of the WINX property, whether the changes to the Plans were discussed with the neighborhood, hazardous uses, monitoring of hazardous sites, and that LEPC should be fully engaged in monitoring these sites, and discussed the proper language in the text regarding hazardous sites. 

Commissioner Johnson moved, seconded by Commissioner Wiener to recommend approval of Resolution No. 01-06 to the Mayor and Council of the adopted approved Lincoln Park Neighborhood Plan of the City of Rockville, Maryland with the amendment to the Addendum and Errata Sheet of the Lincoln Park Neighborhood Plan as amended at the July 12, 2006 Planning Commission meeting.  The motion passed unanimously.

Mr. Wasilak stated that the Commission comments would go to the Mayor and Council  public hearing on July 24, 2006.

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

Ms. Christensen presented report.  She noted that one of the changes was to put a cover sheet on the Plan, which announces what it is and that this is the revision of 2006, and she also included a sheet listing the participants and the meeting dates.  Ms. Christensen said she put in a map showing the areas to be included and not included.  One change in the Plan is on page 4 about the boundaries of the Lincoln Park Conservation District, in that this is really to apply to establish streetscapes and buildings that have been erected over the years, so it is a familiar character of Lincoln Park.  With regard to standard development changes, the lot coverage was increased from 1,200 to 1,500 square feet so that residents could expand by adding, for example, an accessory building in their rear yard.  In addition, in order to give residents incentives to retain what they have in Lincoln Park and to keep the character of the community as well as the visual appearance of the community, staff did expand the lot coverage, if the original property is retained and an addition is added to 2,100 square feet.  Ms. Christensen noted that demolition of houses 50 years and older would go to Preservation staff and the Historic District Commission to ascertain whether the building has any historical or architectural significance to the City.  Requests for variances from the Lincoln Park Conservation District Standards would be processed by the City of Rockville Board of Appeals.  She mentioned that in staff’s previous outreach and the Forum they did in February 2006, they did present the expansion of the new construction lot coverage from 1,200 to 1,500 square feet and the expansions of the additions, with the caveat, if approved by the Planning Commission.  The community has been aware that these two differences in the standards have been proposed.

In response to Commissioner Hill regarding why the Lincoln HS and Mt. Calvary church sites, existing non-residential uses, are included within the boundaries of the conservation district, whereas other similar uses or situated sites are not.  Ms. Christensen explained that Lincoln High School is protected by historic designation.  The City does not expect the school site to be developed at all.  The properties that are not developed are intended to be residential now, but the properties are under consideration for other uses, and are exempted.  It would be the purview of the Planning Commission to implement the recommendations in the Lincoln Park Neighborhood Plan to come up with something that would be compatible with the community.

Commissioner Holtz moved, seconded by Commissioner Johnson to recommend approval of the Resolution No. 02-06 to approve and recommend adoption of the Lincoln Park Conservation District Plan to the Mayor and Council as an amendment to the adopted and approved plan for the City of Rockville, Maryland.  The motion passed unanimously.

COMMISSION ITEMS

New Business

Commissioner Ostell questioned letters from citizens regarding COPT.  Mr. Wasilak explained that the use permit was approved in 1983 and the Zoning Ordinance has changed over that time.  Now the use permit does not comply with the Ordinance.  Mr. Wasilak stated that the Planning Commission would not see this application until the fall.

Chief of Planning Report

Mr. Wasilak reported that the next Planning Commission meeting is scheduled for July 26.  He noted that there will be a light agenda, therefore, a communications team for wireless may be before the Commission for discussion.  

Minutes

Commissioner Johnson moved, seconded by Commissioner Britton to approve the minutes of Meeting No. 6-06 as written.  The motion passed on a vote of 6-0-1 with Commissioner Hill abstaining.

Commissioner Johnson moved, seconded by Commissioner Britton to approve the minutes of Meeting No. 9-06 as amended.  The motion passed on a vote of 4-0-3 with Commissioners Hill, Medearis, and Wiener abstaining.

Commissioner Johnson moved, seconded by Commissioner Wiener to approve the minutes of Meeting No. 10-06 as amended.  The motion passed on a vote of 6-0-1 with Commissioner Britton abstaining.

Commissioner Johnson moved, seconded by Commissioner Britton to approve the minutes of Meeting No. 11-06 as amended.  The motion passed unanimously.

ADJOURN

After further discussion, the meeting adjourned at 8:19 pm