Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 15-06
August 9, 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, August 9, 2006.
    

REVIEW AND ACTION

Final Record Plat PLT2006-00464, Fallsgrove Estates

The applicant is proposing to create six residential lots and one open space parcel in the R-S Zone at 9104, 9110, and 9150 Darnestown Road.  The Planning Commission approved preliminary Subdivision Plan PLT2004-00439 on September 28, 2005.

Ms. Hall presented the staff report.  Ms. Hall stated that the final record plat is in accordance with the previously approved Preliminary Subdivision Plan.  It contains six lots that are situated off a service drive.  The Parcel A, located between the service drive and Darnestown Road, will become a Homeowners Association parcel.  The establishment of a Homeowners Association is necessary in order to maintain Parcel A, the facilities with the Private Storm Drain Easements and for the Landscape Buffer sown on the plat. 

James Glascock with Macris, Hendricks & Glascock, presented the applicant’s request.  He noted that the applicant is in concurrence with the conditions stated in the staff report. 

Commissioner Holtz moved, seconded by Commissioner Johnson to approve Final Record Plat PLT2006-00464, Fallsgrove Estates per staff recommendations.  The motion passed on a vote of 4-0.  Commissioners Wiener, Britton, and Hill were absent.

Planned Residential Unit Detailed Application PRU2006-0022B, Chestnut Lodge Properties, Inc.

The applicant is requesting approval of a demolition-phasing plan, including haul routes, external and interior to the property, known as Chestnut Lodge at 500 W. Montgomery Avenue in the R-S Zone.  Detailed Application PRU2006-0022A, outlining the details of the development, which was approved in the Exploratory Application, will be revised at a later date. 

Ms. Torma presented the staff report.  Ms. Torma provided background information of the Chestnut Lodge approved PRU.  In February 2006, the Mayor and Council approved the construction of 36 new homes, the rehabilitation of the Main Lode including alterations and additions, Little Lodge and Rose Hill Barn and the reconstruction of the Icehouse and Stable.  They are also required to convey Frieda’s Cottage to Peerless Rockville for use as a single-family dwelling.  In addition, the large tract of land in the front portion of the site would be maintained by the HOA for the community.  The Main Lodge would be converted to seven condominiums, with three units in the new addition and the remaining four units in the historic portion.  The renovated Little Lodge would be a single-family detached home and the reconstructed Stable would be an accessory structure to the home.  The Rose Hill Barn would be converted to an accessory structure for one of the new single-family detached homes.  While the final location of the Icehouse has yet to be determined, it would also be an accessory structure to either the Main Lodge or Little Lodge.  At this time, the applicant will have to keep the Icehouse in its current location as an accessory structure to the Little Lodge.  The approved PRU includes an internal road that will have one access point located where the existing entrance is at the intersection of West Montgomery Avenue and Laird Street.  An emergency access will be provided from the internal road to Autumn Wind Way.  The fire and rescue squad may use this access point in order to enter or exit the site.  However, a future connection could be installed with the approval of the Rose Hill and Chestnut Lodge Homeowners Association and the City of Rockville. 

The applicant is required to install the buffers that were proposed in the Comprehensive Master Plan, which was adopted in 2002 by the Mayor and Council.  A 10-foot wide buffer would be installed along the rear portion of the property abutting the homes on Tall Grass Court, Henson Oaks Lane and Autumn Wind Way.  A 20-foot wide buffer would be replanted along the right-of-way of Autumn Wind Way.  All of these buffers would be located entirely on the Chestnut Lodge property. 

The applicant is required to construct offsite improvements on Laird Street from West Montgomery Avenue to Anderson Avenue, east side of Luckett Street from Anderson Avenue to Beall Avenue and along Harrison Street between Forest Avenue and North Van Buren Street.  Improvements are also required on the full length of Thomas Street.  These improvements will be phased. 

The applicant has been before the Historic District Commission (HDC) on multiple occasions since filing the Exploratory Application.  The applicant received HDC approval of the design of new single-family homes on lots in the Rose Hill Farm Historic District and courtesy reviews of the proposed work on the remaining historic buildings. 

The applicant is asking that the Commission approve the demolition portion of the Construction Phasing Plan as required in the approved Resolution No. 3-06 for Exploratory Application PRU2005-00022 in order to allow the applicant to proceed with demolition of the non-historic structures and the Upper Cottage, non-historic wings of the Main Lodge building, as well as removal of the Icehouse and Stable.  In addition, the applicant is requesting approval for use of the existing internal driveways during the demolition phase. 

Ms. Torma stated that the demolition portion of the Construction Phasing Plan is intended to minimize any adverse effects on the residents on Thomas Street or in the Rose Hill and Thirty Oaks neighborhoods. 

Ms. Torma stated that a schedule would be developed during the Site Plan Development Detailed Application (PRU2006-0022A). 

Ms. Torma stated that the phasing plan for the demolition portion includes the hauling map route for removing the debris from the site and bringing equipment and materials to the site.  This map shows the applicant using state roads during the demolition of the buildings.  The applicant proposes to use MD28, Hungerford Drive, Interstate 270, Shady Grove Road and Route 355.  Also included are on-site parking for construction workers’ personal vehicles, a staging area for materials and one sales trailer and one construction trailer and no construction traffic would be using Thomas Street during the demolition period. 

Ms. Torma stated that staff is recommending that the Planning Commission approve the demolition portion of the Construction Phasing Plan realizing that the applicant would be coming back before the Planning Commission for the site plan. 

Commissioner Holtz questioned the reason why the demolition portion before the Commission tonight as opposed to the entire detailed application.  Ms. Torma explained that because the applicant had the Construction Phasing Plan for scheduling each phase, they want to bring the demolition portion to the Commission before submitting the detailed application.  The demolition period will take approximately 3 or 4 months to complete. 

Commissioner Holtz also questioned whether this construction would affect the Town Center construction and traffic.  Ms. Torma replied that she did not believe there would be an impact to the Town Center area does have a similar requirement that they can use the state roads.  She said she would check with the Department of Public Works. 

Mr. Daly stated that the construction traffic would operate counter to the two construction areas.  The majority of the traffic would not occur during peak hours.  There should be no impact on traffic, overall. 

The Commission further discussed concerns regarding construction traffic and its impacts on the City.  Inquiries were made as to any consideration with regard to directing construction traffic out to the backs of the emergency access and out to Falls Road.  Mr. Daley said that they did not want to cause road problems with the Rose Hill community behind the Chestnut Lodge property.  Staff wanted to make sure that truck traffic remained on state roads. 

The Commission also discussed concerns regarding contaminant building materials and whether they would be removed separately from the site.  Also of concern was that there would be a construction staging area located in the historic district, which could have an impact on the existing trees and foot traffic.  Ms. Torma explained that the City Forester has stated that they do not have a problem with this, but if there are problems, adjustments could be made. 

Commissioner Ostell had concerns regarding the buffers backing up to Rose Hill and when they would be installed, while homes are being constructed throughout a four or five year span.  Ms. Block said it would be within the Commission’s purview to request a timeframe for installing buffers at the detailed stage.

Soo Lee-Cho, Attorney with Miller, Miller & Canby, presented the applicant’s request.  Ms. Cho addressed Commissioner Holtz’s question as to why the applicant is coming before the Commission with the demolition phase now.  Ms. Lee-Cho explained that when they were thinking through the entire development of the site, it became evident that, unless they started with the demolition this summer, it would be impossible to start site development work by the end of the year.  The goal of the developer is to address the rehabilitation of historic structures, begin new construction as quickly as possible, and to do so by the first of the year, they must clear the plate before doing anything.  Ms. Lee-Cho stated that if they want a final approved record plat to create the lots, the site must be cleared. 

Ms. Lee-Cho also explained that, as part of the City’s normal demolition approval process run by Inspection Services Division, building materials are required to be removed by a specialist before the applicant is granted a demolition permit to take down the structures. 

Ms. Lee-Cho stated that the applicant accepts the conditions in the staff report.      

Morty Levine, owner of Chestnut Lodge, presented his request.  Mr. Levine stated that, in answer to questions from the Commission, the demolition process is a fairly detailed process because of the environmentally sensitive materials.  Those are going one place where the remainder of the building materials is going somewhere else.  The trucks used for the hazardous materials are one kind of truck and the other trucks carrying the debris would go to the dump.  Two or three trucks would do about two or three runs a day to the dump.  Six to nine truckloads would be exiting and entering the site per day.  They will try to minimize the impact to the surrounding community as well as the trees and foot traffic.  Grading and buffers would be installed before the houses are constructed. 

The Commission and Mr. Levine further discussed concerns about the timeframe for construction, planting of trees, the staging area in front, and installation of the buffers. 

Commissioner Johnson moved, seconded by Commissioner Medearis to approve Planned Residential Unit Detailed Application PRU2006-0022B, Chestnut Lodge Properties, Inc.  The motion passed on a vote of 4-0, Commissioners Wiener, Britton, and Hill were absent.

RECOMMENDATION TO THE BOARD OF APPEALS

Variance Application APP2006-00863, Archdiocese of Washington

The applicant is requesting approval for a variance of 35 feet from the height limit of 15 feet and a variance from the requirement that accessory structures be located in the rear yard to allow a freestanding bell tower of 50 feet, 6 inches in height at 917/919 Montrose Road (St. Elizabeth’s Church and School) in the R-75 Zone. 

Mr. Chasten presented the staff report.  Mr. Chasten stated that the church site is located at the northeast corner of Montrose Road and Tildenwood Drive.  The property is approximately 15.3 aces in size and is home to Saint Elizabeth Catholic Church and School.  The existing church building and accompanying small wood frame office building, along with the rectory are located in the (front) southwestern area of the site, while the existing school building is located to the rear of the church in the center of the subject property.  Much of the site’s existing front area (less the church) is improved with on-site surface parking facilities.  The property has vehicular access on both Montrose Road and Tildenwood Drive.

Mr. Chasten stated that, based on available information, the following building facilities are now located on the property and, collectively, makeup the subject religious institutional use:  a) 15,094 square foot church building, b) the existing 40,210 square foot school building and accompanying 9,293 square foot school gymnasium, c) two freestanding modular classroom buildings totaling 1,253 square feet, and d) a 3,276 square foot rectory building.  Both the church and school buildings are of masonry, glass, and metal construction.  Site surface parking is located in front of the existing school building and on the southwest side of the church fronting Tildenwood Drive as well as the rear west side area fronting Tildenwood Drive.  The extreme northern and eastern areas of the property are primarily wooded with much of the eastern site area comprised of floodplain and stream valley.  The site area located on the rear of the school gymnasium is open space area that serves primarily as an athletic field, which contains some school playground equipment.

The applicant plans to construct a new freestanding (16’ x 16’) bell tower, 50 feet 6 inches in height, masonry and metal in construction and located in the side yard, adjacent to the church building.  The applicant wishes to construct the new bell tower in the noted location due to its close proximity to the existing front entrance of the church.  While not subject to the zoning variances being requested, the applicant also plans to construct an outdoor-seated garden that will be located at the northwest corner of the proposed bell tower.  Mr. Chasten stated that, since the proposed freestanding bell tower is not being physically constructed as an attachment or an addition to the church building proper, it is deemed to be an accessory structure, which in accordance with the Zoning Ordinance, must be located in the rear yard area of the site and may not exceed 15 feet in height. 

Joe Froio, representing the church, presented the applicant’s request. 

The Commission raised several concerns and questions regarding why the proposed bell tower could not be designed to attach to the existing church building, whether the church has developed a schedule for the times/days on which the bells would be rung, and that the church must insure that the sound levels generated by the bells would fully comply with the appropriate decibel levels as specified in the Noise Ordinance of Montgomery County, Maryland. 

Mr. Froio explained why the bell tower could not be constructed on the roof of the church or attached to the existing church building.  Mr. Froio explained that it was because there would have to be reconstruction as well as the cost of the reconstruction. 

Father Ryan Sander explained the religious significance of their request and why they would like the bell tower to be constructed next to the main entrance of the church. 

The following citizens testified:

1.  Steve Cordell testified that he was not opposed to the application, but he is concerned about the sound and frequency of the ringing of the bells. 

2.  Mrs. McCloud, President of Chad bury Homeowners Association, testified that they were not opposed to the application, only the height and frequency of the ringing of the bells and the times they would be ringing on Sunday mornings.  

The Commission discussed the noise ordinance and the times on Sundays when the bells would be ringing.       

Commissioner Johnson moved, seconded by Commissioner Holtz to recommend approval of Variance Application APP2006-00863, Archdiocese of Washington to the Board of Appeals subject to conditions stated in the staff report.  The motion passed on a vote of 4-0.  Commissioners Wiener, Britton and Hill were absent.

COMMISSION ITEMS

Chief of Planning’s Report

Mr. Wasilak reported that the COPT use permit amendment application would not be on the September 13 meeting agenda.  The Planning Commission discussed the use permit amendment.   Mr. Wasilak discussed other items coming before the Commission. 

The Planning Commission discussed other significant matters pertaining to signage in the Town Center.

Minutes

The minutes of Meeting No. 12-06 were passed forward for the next meeting.

Commissioner Johnson moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 13-06 as amended.  The motion passed on a vote of 4-0.  Commissioners Wiener, Britton, and Hill were absent.

ADJOURN

After further discussion, the meeting adjourned at 8:15 pm