REVIEW AND ACTION

Final Record Plat PLT2007-00471, Twinard Limited Partnership – to create a single record lot of 2,90418 acres as Lot 5, Block E, Spring Lake Park, Halpine Subdivision, located in the northwest corner of Twinbrook Parkway and Ardennes Avenue in the O-1 Zone.

Ms. Hall presented the staff report.  Ms. Hall explained that this use permit is still valid on the property.  She noted that there have been two time extensions, which were granted on May 9, 2005 and July 13, 2006, extending the validity of the approval until August 7, 2007.  Final Record Plat Application PLT2004-00421 was granted on May 12, 2006.  The approval expired on August 7, 2006 due to the plat not being recorded.  Therefore, this resubmittal is to get this plat approved.  She said that nothing has changed. 

Jeff Lewis with Site Solutions represented the applicant. 

Commissioner Hill moved, seconded by Commissioner Ostell to approve Final Record Plat PLT2007-00471, Twinard Limited Partnership per staff recommendations.  The motion passed on a vote of 4-0, Commissioners Wiener and Medearis were absent.

Final Record Plat PLT2007-00473, Anne Hawley – for resubdivision of Part Lot 23, Block A-R and Lot 22, Block 4, Rockville Estates to crate a single record lot of 13,827 square feet in the R-75 Zone at 901 Nelson Street.

Ms. Hall presented the staff report.  Ms. Hall explained that this plat would record as a single record lot two pieces of land and a portion of the adjacent townhouse condominium lot.  The current owner purchased them together in 1996 and the owner before that took ownership of both in 1988.  The Condominium Plat that created the condominium lots for the adjacent townhouses did not include the wedge-shaped portion of Lot 23 in 1971.  The combination of these two properties allows for setbacks from the actual property line rather than the lot line dividing the two pieces of land.  This would allow the owner to construct an addition on the side of the existing house.  Transference of properties is not contrary to the Zoning Ordinance.

Jonathan Russell with Macris, Hendricks and Glascock represented the applicant.  Mr. Russell stated that the owner plans to construct an addition, which would approach into the building-to-line.  The carport would be converted into a garage.

Commissioner Britton moved, seconded by Commissioner Ostell to approve Final Record Plat PLT2007-00473, Anne Hawley per staff recommendations.  The motion passed on a vote of 5-0, Commissioner Medearis was absent.

Final Record Plat PLT2007-00475, Morton Levine – for approval of 38 lots, including common area parcels and street dedication, pursuant to Planned Residential Unit Detailed PRU Application PRU Application PRU2006-0022A, on the Chestnut Lodge property at 500 West Montgomery Avenue in the R-S Zone.

Ms. Hall presented the staff report.  Ms. Hall explained that the Mayor and Council reviewed and approved Planned Residential Unit Exploratory Application PRU2005-00022 covering development on the remaining portion of the former Chestnut Lodge psychiatric facility on February 6, 2006.  Planned Residential Unit Detailed Application PRU2006-0022A was approved by the Planning Commission on October 25, 2006, allowing for the conversion of the historic Chestnut Lodge building to seven residential condominiums, the retention of two single family homes on the property, the retention/reconstruction of the ice house, stable and barn and development of the remaining portion of the property with thirty six new single family dwellings.  Ms. Hall stated that these plats are the final stage in creating the lots that will become buildable.  There are technical things that need to be fixed. 

Ms. Hall explained the modifications/additions on the plat.  She also stated that the motion must include the waiver request to waive the requirement that bonds be posted and permits obtained prior to the recordation of the plat.  

Soo Lee-Cho, Attorney will Miller, Miller & Canby represented the applicant.  Ms. Lee-Cho stated that the conditions are acceptable to the applicant, but there are technical issues still to be resolved.  Commissioner Johnson asked why the applicant wanted a waiver on the issuance of the bonds and permits prior to recordation.  Ms. Lee-Cho replied that that was not the applicant’s request, it is a Department of Public Works condition.  Ms. Hall explained that bonds and permits are applied to public improvements, which would be tied to record plats because a bad situation could occur if the Planning Commission approved the lots and they are recorded without the bonds that go with the streets.  The applicant could not build on the lots without posting the bonds and obtaining the permits.  Sondra also explained the bonds process. 

Commissioner Hill moved, seconded by Commissioner Wiener to approve Final Record Plat PLT2007-00475, Morton Levine per staff recommendations.  The motion passed on a vote of 5-0, Commissioner Medearis was absent. 

Use Permit USE2006-00701, Hungerford Commercial LLC – for approval of a 5,606 square foot bank branch with drive-through in the TC-1 Zone at 800 Hungerford Drive.

Mr. Hurlbutt presented the staff report.  Mr. Hurlbutt stated that the property is 1.59858 acres known as Lot 5, Block A, Part of Veirs Tract, with an address of 800-802 Hungerford Drive.  This Use Permit reflects the demolition of the existing 3,261 square foot restaurant (Ambrosia Grill) and 23,000 square feet office supply superstore (former Staples) on the property to construct a commercial building to accommodate a bank office with three drive-thru bays on the property.  There are 83 parking spaces associated with this existing use permit, the property was originally approved under the C-2 Zone, and that zone was later changed to the TC-1 Zone as part of the Town Center Master Plan process.  The property is located within the Town Center planning area; it is also part of the Urban Design overlay district.       

Mr. Hurlbutt stated that the applicant proposes to demolish the existing 26,261 square foot building and to construct a 5,606 square foot bank branch with three drive-thru lanes.  Stacking lanes for the drive-thru separate the building from the rear parking area.  The drive-thru lanes will have teller and ATM functions and will be covered by a canopy.  The building is located near the center of the site, but close to Hungerford Drive with parking on the north, and the drive-thru and an egress lane on the south.  The rear of the property contains stacking lanes for the drive-thru, parking, a stormwater management facility and landscaped area to function as a screen.  Traffic circulation at this site will follow standard practice of well-defined and well-marked entry/exit points with appropriate parking circulation.  However, due to the applicant’s desire to have drive-thru banking service (one lane for ATM, two lanes for teller service and one by-pass lane), additional evaluation of the drive-thru vehicle exit operation was made to ensure safety of the Bank’s patrons and the efficiency of the operation.  The resulting design calls for channelizing four lanes exiting from the drive through site into a two-lane design, both controlled by stop signs.  This will allow appropriate allocation of the right of way (ROW) and increases the safety of the exiting bank customers.

Mr. Hurlbutt described the architectural elements of the building.  The building, itself, will raise up to 25 feet and some architectural elements will project beyond that to 29 feet.  In the rear of the building, the recline will drop to 19 feet.  A canopy element will divide the building at about 11 feet, the drive-thru, itself, will have a clearance of about 11 feet 3 inches, and the roof height will be 17 feet 3 inches.  The architecture of the building will present a two-story façade on the frontage as the design guidelines request and the exterior of the building will be made up of two complimentary stucco colors as well as glass.  The canopy element will divide the building and will be covered in aluminum metal paneling and the cornice element will have the paneling but with a complimentary color to the rest of the façade. 

Mr. Hurlbutt highlighted a few of the conditions in the staff report.      

The Commission discussed concerns regarding the pervious area on the site, type of landscaping on the site, whether the building meets the Urban Design guidelines, parking spaces, bike requirements, service drive in front of the building, and the number of stories on the building.

Nancy Regelin, Attorney with Shulman Rogers presented the applicants’ (KSI and Bank of America) request.  Ms. Regelin presented a site plan of the relocation site for the Bank of America branch that is currently located at 255 N. Washington Street.  There is a slight change in the trend of ways banks are being built.  Ms. Regelin explained that, currently, financial institutions provide not only the standard range of consumer and business services, but they are now allowed to do a full range of financial services.  If  a customer having a particular specialty that he needs to have addressed, Bank of America staff from other locations will come and meet in one of those offices.  Ms. Regelin noted that the parking on the site, which is based on the City standard office, one per 300 square feet, really does not meet the current bank operation.  They know they need to satisfy their need, plus the flexibility of bringing in additional staff people from time to time to meet their customers’ needs.  The stacking is increased because it is fortunate the site is able to accommodate it and it allows free flowing of the traffic around the by-pass of the site. 

Ms. Regelin talked about impervious surface.  Lot coverage is permitted to be 60 percent and they are at 10.8 percent on this site.  The impervious surface is currently 91.9 percent on the Staples site and it is being reduced to 61.9 percent.  They are introducing a number of things in the bank including non-reflective low glare clear glass and a light colored roof to reflect heat gain, the building and roof insulation is exceeding the energy code requirements and they are putting in high energy efficient HVAC; they are using energy efficient fluorescents as well as other energy saving materials.    

The Commission discussed concerns regarding the stormwater management on the site, amount of impervious surface on the site, and non-reflective glass on the building.

Commissioner Ostell questioned whether the applicant had conversed with glass company next door.  Ms. Regelin explained that they had not spoken with Banner Glass because they are pulling the building away from their site. 

Commissioner Ostell expressed her concern about the parking on the site. 

Commissioner Hill asked Ms. Regelin to discuss the operational need for excess parking. 

Joseph O’Connor with Bank of America. explained that he is responsible for site selection and acquisition of properties for the Bank of America.  Mr. O’Connor discussed the need for the parking.  He said the need for the parking is related to the number of customers who come to the site and reflective of the change in the banking industry and the age of the code relative to the parking on a bank use.  The bank industry has changed dramatically in the past few years and he is sure the codes have not changed.  Their customers are interested in making a quick trip to the bank and some have the need to stay a bit longer.  Therefore, the parking needs to be short term as well as some long term so customers can get in and out of the bank on a relatively rapid basis.   

Mr. O’Connor stated that one of their representatives did speak to Banner Glass earlier in the planning stages of the bank regarding the egress and ingress plan and they were receptive.  They saw a bank as being a very compatible and very viable neighbor.   

The Commission expressed concern about the number of parking spaces on the site.  The Commission suggested reducing the number by 10, the architecture not distinctive, too many drive-throughs, be more creative with extra parking spaces, does not meet the intent of the Town Center Master Plan, add more greenspace around the site, and what could be done with a vacant second floor of the bank.  

Ms. Regelin stated that they would like to defer this if the Commission believes this is the site for a bank.  If a second floor became an actual second floor, the parking requirement for this site would change to 40.  She said they would evaluate the use of pervious pavement to see if it would work.  They would like to defer this because they could come back to get a favorable review in the future.   

Ms. Regelin asked the Commission for a deferral and to remind the Planning Commission that this is a critical place, and they would like to come back as quickly as they can.  

Commissioner Britton moved, seconded by Commissioner Ostell to defer Use Permit USE2006-00701, Hungerford Commercial LLC.  The motion passed on a vote of 5-0, Commissioner Medearis was absent.

COMMISSION ITEMS

Old Business

Mr. Wasilak stated that he left copies of a memo on the dais regarding the Twinbrook Neighborhood Plan and staff wants to put in writing a very brief framework of what staff heard from the Commission last week regarding how to continue to have this Plan move forward so it can come back for future public hearing consideration.  This extremely preliminary and they have not yet met with anyone else outside of staff. 

Mr. Wasilak summarized what staff thought it heard from the Commissioners.  On March 28, staff would be coming back to the Commission with a timeline, a plan in process and an outreach plan for moving the Plan forward.  Mr. Wasilak said that staff anticipates that there would be three major components that are part of the planning process and that would be the proposed draft plan review to allow the groups (TCA and Burgundy Estates) to become involved and bring their comments to the Commission.  He noted that staff would be available to take notes and provide information to those groups.  In addition, staff anticipates that some design workshops would be in order, particularly with the redevelopment areas; the Veirs Mill commercial area and the Lewis Avenue and Halpine Industrial areas, in particular.  Mr. Wasilak noted that they are anticipating some mini charrettes for those sites.  In addition, they anticipate some community-wide meetings to introduce changes.  A forum for any who want to participate.  Staff would then come back with a draft and go through a formal public hearing again. 

In response to Commissioner Hill, Mr. Wasilak stated that staff would have to do an evaluation and hear the disadvantages and advantages of all the points of view from the groups. 

Commissioner Hill discussed the R-60 Zone in Twinbrook. 

Commissioner Hill inquired about the approval opinion for the firehouse application.  Mr. Wasilak explained that staff needs to get that approval letter out. 

Commissioner Ostell stated that she received an email from someone regarding RORZOR meetings and the email said that the person felt that citizens’ comments would not be heard.  Commissioner Ostell informed the public that could not be farther from the truth for the RORZOR members are eagerly awaiting for the public to give their comments.  All information is on the website and citizens should call staff, if they have any questions.  Commissioner Ostell said the meetings are open and they would accept comments.  She encouraged citizens to attend the meetings. 

Chief of Planning Report

Mr. Wasilak reported that the Mayor and Council adopted the Lincoln Park Neighborhood and Conservation Plans on Monday. 

Mr. Wasilak reported that the Mayor and Council did an architectural schematic review of the hotels and office buildings proposed in Fallsgrove and one of the applications will be coming before the Commission at its meeting of March 14.   

FYI Correspondence

Commissioner Hill mentioned the lead article in the American Planning Association magazine (Planning, Vol. 73, No. 3 [March 2007], page 4) regarding Montgomery County, with photos of the Millennium Trail and bike facilities in Rockville.  The topic is linking land use planning with public health policy.  He noted the national spotlight this article sheds on the County as a good example, and believes City policy is consistent with that of the county. 

Mr. Wasilak informed the Commission that the APA Conference is in Philadelphia this year for five days.  He asked that the Commissioners let him know if they want to attend.

After further discussion, the meeting adjourned at 8:33 p.m.