Mr. Wasilak announced that the Detailed Applications for Fallsgrove would not be on the agenda tonight.  The soonest that they would be heard would be on April 11, 2007.
              
RECOMMENDATION TO BOARD OF APPEALS

Special Exception Application SPX2006-00367, Montgomery County Public Schools – for the renovation and expansion of Fallsmead Elementary School, including site improvements, in the R-150 Zone at 1800 Greenplace Terrace.

Mr. Chasten presented an overview of the staff report.   Mr. Chasten stated that the school is located on the southeast corner of Greenplace Terrace and Gerard Street.  The school opened in 1974 and is located on approximately 8.9 acres of land and zoned for R-150 (Medium Density Residential) land usage.  The school is located in the Rockshire residential subdivision and has vehicular access on both Greenplace Terrace and Gerard Street.  Single-family detached residential dwellings bound the school property to the north, south and west, and to the east.  The site abuts Rockmead Park.  The existing school is approximately 50,850 square feet in size and serves grades kindergarten through the fifth grade.   

Mr. Chasten stated that the applicant, Montgomery County Public Schools (MPCS) plans to expand and renovate approximately 2,292 square feet of existing space and construct a new one-story addition approximately 14,884 square feet in size.  In addition, under the subject request, MCPS seeks special exception approval for the following building and site development related activities:  a) expand and reconfigure staff and visitor site parking facilities, b) construction of a new on-site bus turnaround lop, and c) new outdoor paved play areas.  As proposed, the building addition will create new classroom space as well as ancillary support space.  Under the request, MCPS will retain the use of the existing modular classrooms currently located on the site.  The modular classroom buildings will be relocated to the rear area of the school and utilized to accommodate students during the construction phase of the project.  The applicant affirms that the modular units are to be eliminated upon completion of the planned school expansion and renovation project. 

The planned building addition and renovation project is designed to accomplish the following:  1) provide new classrooms due to increased student enrollment, 2) eliminate the need for modular/portable classroom buildings, and 3) add kindergarten classrooms for the all-day kindergarten program.  Other core facility and support space will also be created, including art and music room, a computer lab and an expanded instructional media center.  Other support space for staff offices, storage rooms, and additional restrooms will also be created.  

The school’s on-site parking facilities and vehicular travel ways will be modified and/or expanded to improve safe access for students, buses, staff and visitors.  Under the redesign, there will be a new designated student drop-off/pick-up area located at the east side of the new building addition and installation of a new school bus turnaround constructed in front of the school’s main entrance, fronting Gerard Street.  It is expected that visitors to the school will enter/exit the school’s existing site entrance on Gerard Street.  The school’s designated student drop-off/pick-up will be extended along the eastern side of the new building addition in combination with visitor and some staff parking facilities.  Buses will access the site from the existing vehicular access points on Greenplace Terrace.  Buses dropping-off and picking up students will do so via the new turnaround/loop that will be located adjacent to the front entrance; and exit back onto Greenplace Terrace.  A total of 18 parking spaces including three handicapped spaces will be added to the current 52 spaces, thus creating 70 onsite parking spaces provided under the subject request. 

The school has a current enrollment of 540 students with a staff of 50 employees.  The school has a present program capacity for 425 students.  With the completion of the planned building expansion project, the school’s program capacity is projected to increase to 518 students and have an enrollment of 484 students at the beginning of the 2008-09 school years.  Fallsmead Elementary School is located within MCPS’s Thomas S.Wootton cluster. 

The school’s new expanded parking facilities and new school bus loop will be accessed via Gerard Street or Greenplace Terrace.  The proposed bus turnaround that can only be accessed via Greenplace Terrace has been designed to maintain physical separation between the bus loop and new expanded staff/visitor site parking lot to the east.  Such physical separation of the site’s new staff/visitor parking lot and the new bus loop are designed to ensure that school bus and service delivery vehicles do not interfere with or pose a safety concern to the onsite traffic flow movement of staff/visitor passenger vehicles.  The school is currently served by approximately five school buses.  During the project, the students will remain on site throughout.  The applicant has provided a construction-phasing plan, which denotes projected dates of building and site construction activity and completion.  Construction is expected to begin during the Summer of 2007 and completed by Fall 2008. 

Mr. Chasten stated that the applicant is working with the City’s Department of Public Works (DPW) staff on the design and implementation of stormwater management facilities to accommodate the planned building and site development.  Therefore, the applicant will be required to provide appropriate stormwater management facilities on the subject school site as determined by DPW staff. 

James Emr, project architect for Montgomery County Public Schools (MPCS), presented the applicant’s request.  Mr. Emr explained the renovation for new classrooms and safer access for bus turnaround, which will be separated from vehicle traffic.  He presented the floor plans.  He noted that the renovation is within the existing facility and a new corridor will be added.  He described the addition, lighting, and the access from the existing building, and said that the relocatables will be moved to the back of the site.  Mr. Emr stated that they would be removed from the site when the addition is complete.  They will be using other areas of the site for outdoor play. 

A representative of MCPS explained the school’s future capacity. 

Commissioners raised a number of questions and concerns with regards to the request, including the following:  1) existing student enrollment and the inadequacy of the planned expansion to accommodate current and future student populations; 2) MCPS’s methodology for projecting student enrollment; 3) MCPS’s determination that the school’s student population/enrollment will decline over the next 4 to 5 years; 4) the school’s cluster boundaries and potential for future redrawing of those boundaries; 5) current and future need for modular/portable classroom building structures; 6) MCPS’s decision to expand the school outward in lieu of constructing a second story level onto the existing building in order to preserve site green space; and 7) availability of on-site parking for staff and visitors during project construction phase.   

The following Citizen testified:

Chris Jarmer, President of the Rockshire Homeowner’s Association raised the following concerns regarding parents’ dropping-off and picking up their children within the public right-of-way, potential increase of vehicular traffic and congestion of the Gerard Street site entrance, current and future vehicular traffic flow in/around the site during student arrivals/departures, and availability of onsite parking and potential for increased staff and visitor parking on abutting neighborhood streets during and after construction. 

Respective Commission members expressed concerns about MCPS staff assessment that the school’s student enrollment is projected to decline in the next several years.  MCPS representatives noted that they would provide demographic information and discuss the methodology its staff uses in projecting student enrollment counts at the upcoming Board of Appeals meeting. 

Mike Sprur, Architect addressed the parking during construction.  He said they would be separating the busses from the cars and putting more cars on the site to get them off the site even during drop-off.  He also answered questions regarding parking spaces for staff and visitors on the site. 

Commissioner Hill moved, seconded by Commissioner Ostell to recommend approval of Special Exception Application SPX2006-00367, Montgomery County Public Schools to the Board of Appeals per findings and recommendations discussed this evening.  The motion passed on a vote of 5-0.  Commissioner Britton was absent. 

Commissioner Hill requested MCPS provide appropriate staff to address concerns the Commission raised about MCPS student enrollment projections at the Board of Appeals hearing. 

REVIEW AND ACTION

Final Record Plat PLT2006-00466, Catherine Eig - the creation of two record lots from three existing lots in the Rockville Park subdivision and the R-60 Zone at 315 Baltimore Road.

Ms. Hall presented staff report.  Ms. Hall stated that the applicant would like to subdivide the property into two lots.  This property is made up of two twenty-five foot wide lots and a corner lot along Baltimore Road and Maple Avenue that is slightly wider.  The property is improved with a house and an attached garage.  The house is not in the best condition; the purchaser plans to restore it and live in the house, but she would like to subdivide the property.  Most of the neighborhood remains as it was originally subdivided with many properties consisting of two, twenty-five foot wide lots and a house straddling the middle lot line.  The house on this property also straddles one of the dividing lot lines as well as encroaching into the front yard setback requirement along Maple Avenue.  The two lots are in conformance with the R-60 Zone.  Since the staff report and the brief books were sent out, staff would like to add a condition and she has spoken to the applicant about the additional condition.  The garage needs to be razed prior to any recordation of the lots.  Therefore, the applicant will need to go before the Historic District Commission (HDC) and get approval for the razing of the garage before the plat recorded.

Ms. Eig presented her request.  Ms. Eig stated that the property is three lots wide and very deep and it does end in an alley.  She noted that she would like to subdivide the property with the original house keeping the larger portion of the subdivision and maintaining its historic look from the main street.  She stated that she agrees with razing the garage and they will present that to the HDC before recording the plat.   

Commission Hill inquired what the applicant would do if the HDC says no to razing the garage.     

Ms. Eig stated that the lot needs to be reconfigured because it is currently nonconforming on the lot.  If the HDC says not, they would have to come back before the Commission with a proposal for a single lot.  She plans to build in keeping with the neighborhood.  She said she plans not to build a garage and would add two off-street parking spaces.

Commissioner Medearis moved, seconded by Commissioner Hill approve Final Record Plat PLT2006-00466, Catherine Eig per staff recommendations.  The motion passed on a vote of 5-0.  Commissioner Britton was absent.

Final Record Plat PLT2007-00477, Donald Nelson – for the creation of a single record lot of 9,200 square feet by consolidation in the Rockville park subdivision and the R-60 Zone at 715 Grandin Avenue.

Ms. Hall presented the staff report.  The applicant wanted to build an addition onto the side of house and into the vacant lot and found out that he could not cross the lot line.  Therefore, he is going through the trouble of resubdividing the property.  Basically, the addition is modest; it will be constructed onto the side of the existing house, but not back very far.  It mimics the roofline of the existing house.  It seems to be a very sensitive renovation.   There was no assessment of the surrounding area because it is not a typical subdivision; he is just trying to incorporate what he already owns.  

Mr. Nelson presented the request.  Mr. Nelson stated that his only issue is that one of the recommendations is for the approval of the City Forester.  Therefore, he has draw up a new plan drawn that would include the trees on his property and there are only three trees on the property.  The only large tree on the property has been hit by lightening three times.  He wants to remove the tree, which has been cracked in half by lightening.  He said he cannot remove it now without going through the City Forestry process.  Mr. Nelson said that he was told that that a forestry plan did not have to be done to resubdivide his property, so he left the tree there.  If he had known that the tree would have been part of his plan, he would have taken the tree down and it would have been invalid.  Therefore, he is now at a standstill.    

Ms. Block explained that she did not know the applicant would have to do something complicated other than draw a sketch to show the location of the tree.  She said she was unaware that it would be such an issue.  Mr. Nelson said that the Assistant City Forester came out to his property and informed him that the tree was not a hazard. 

Mr. Nelson stated that this issue has set his plan back three months because of this process. 

Commissioner Wiener asked how this could be facilitated faster.  Ms. Block replied that staff could find that out, although, it is a requirement of the law.

Mr. Nelson said that he was told that a waiver exists.  There has been a miscommunication about this.  He said he did everything he was told.  The Assistant City Forester said they could not do the waiver.  Ms. Hall explained that he did do everything he was told.  The Assistant City Forester told her that the tree was within the critical root zone and he knows the tree is too far away to be in the drip line. 

The Commission discussed concerns regarding the issue with staff and the requirements of the Zoning Ordinance. 

The following citizen testified:

Jeff Broadhurst stated that he resides at 306 First Street in the neighborhood where the Nelsons live and he is Mr. Nelson’s architect.  It is a wonderful house and he was happy to be able to design a very thoughtful addition that respects the older house.  He said his only comment was that he would hope that there was some administrative waiver on this issue.  He said that this is a sick stump of a dying tree.  Mr. Broadhurst stated that the owner has been dealing with a multitude of submittals and fees on this property.  He is only trying to build a modest addition, another hurtle to jump.  He suggested recommending that the City Forester review the tree issue again.  If a waiver exists this tree deserves that waiver.

The Commission suggested that staff talk to appropriate people about this matter.

Commissioner Medearis moved, seconded by Commissioner Wiener to approve Final Record Plat PLT2007-00477, Donald Nelson per staff recommendations.  The motion passed on a vote of 5-0.  Commissioner Britton was absent.   

Comprehensive Planned Development Detailed Application CPD2003-002AC2, King Farm Associates – for two six-story office buildings with ground floor retail totaling 317,878 square feet in the King Farm development at the northeast corner of King Farm Boulevard and Piccard Drive.

Ms. Torma presented the staff report.  Ms. Torma presented a background of the project.  The King Farm development was approved and the property annexed into the City in 1996 as a Comprehensive Planned Development (CPD) Concept Plan under the O-3 Zone for a mixed-use development.  The Concept Plan allowed for 3.1 million square feet of office space, 125,000 square feet of retail space and 3,200 residential units including multi-family, townhouse and one-family detached homes. 

Since the Concept Plan’s approval, five office buildings have been approved by a Detailed Application and two amendments to the Concept Plan were approved in the Irvington Centre section by the Mayor and Council.  The five office buildings consist of 1,069,197 square feet.  Of these office buildings, three have been completed (F-1, F-2 and F-3), one is currently under construction (F-4), and one has not begun construction (F-5). 

The two amendments to the Concept Plan that were approved in the Irvington Centre section of King Farm development were to allow a hotel and senior housing complex.  These amendments reduced the allowed square footage for the office space on a one-to-one basis.  With the development of the five office buildings, the hotel and the senior housing complex, only 675,803 square feet remain available from the original 3.1 million square feet of office space.

Ms. Torma stated that the applicant has filed a Detailed Application for two office buildings to be known as F-7 and F-8 and related surface and structured parking.  The buildings will be located on the same parcel of land designated for office development in the Concept Plan as the F-4 building (Phase I of the site) currently under construction.  The applicant proposes that the buildings be built in phases with the second phase being the F-8 building and the final phase as F-7.  The F-8 building, 157,642 square feet of office space and two retail spaces with a total of 5,119 square feet of retail space on the first floor.   While both retail spaces will be accessed from the main entrance, one will be accessed from King Farm Boulevard and the other from the rear of the building.  This building will front on King Farm Boulevard.  The six story (five stories from Piccard Drive) F-7 building will have 151,522 square feet of office and 3,595 square feet of retail space on the first floor.  The retail space will be accessed from the main entrance of the building on the rear side.  The building will be located along Piccard Drive.  Both buildings are six story office buildings with ancillary retail on the first floor and the main entrances in the center of the building façade. 

Staff is recommending approval of this Detailed Application; it is in compliance with the Comprehensive Planned development and it is also in compliance with the King Farm Design Guidelines. 

Ms. Torma pointed out clarifications regarding the first page of the staff report regarding details of the F-4 building. 

In response to Commissioner Hill regarding one of the Mayor and Council’s questions during the January 22, 2007 meeting about the number of service calls to the police for the parking garages in King Farm, Mr. Wasilak replied that he felt that they were just curious about the safety aspect of parking garages.   

Commissioner Hill inquired about the transportation and utilities on page 8 of the staff report.  He asked what the difficulty was in obtaining necessary easements to complete the work on Pleasant Road.  John Daley explained that Pleasant Road extends from the City boundary into the County and there is a portion where the road crosses into the County where there is a property owner on whose property construction work is needed and the City is currently trying to negotiate with the property owner in order to get the necessary construction easement to complete the road.   

Barbara Sears, Attorney, presented the applicant’s request.  Ms. Sears stated that they are in agreement with all of the conditions in the staff report with the exception of Condition 16 regarding the necessary easement for the future traffic signal.  They have agreed to contribute to that traffic signal and there is a condition on Upper Rock to put in that signal, but there is some question of timing and King Farm Associates was asked to contribute to that in the event the timing does not work out.  They have agreed to do that, but not within the constraints of the original set of improvements.  Ms. Sears noted that Condition 16 also concerns easements and they would like the Commission to consider adding a sentence to read, “That the required easements are not intended to conflict with the implementation of the detailed application as approved.”  She said she did speak to Mr. Wasilak and she believes he was accepting of that change. 

Ms. Sears talked about the F-4 site with structured parking.  Ms. Sears presented the site plan and the architectural design, and elevations of the existing building. 

Mark Gray with King Farm Associates explained the proposal regarding retail, office and potential tenants for the buildings.   

Commissioner Hill inquired about the upcoming ownership plat that they are being asked to consider and he wants to understand it.  He said it reminds him of lots spread all over the place.  Ms. Sears explained that they are not going to be separate recorded lots.  She noted that the big lot stays as the resubdivided lot.  It reflects the buildings and then the ability to bring in the garage, which is the final expansion of that garage.  It is a planned view of the building lots and the garage expansions and some common area.   

Mr. Wasilak stated that DPW staff would like to clarify Condition 16.  Mr. Daly clarified that staff does not have any issue with modifying the condition, but staff does request that the applicant conform to the plan to make sure that the easements were in accordance with what the plan illustrated.  If what the applicant is requesting conflicts with the plan, than the plan would have to be modified to make sure the appropriate easements were made available to cover power and traffic signal boxes. 

After further discussion of Condition 16, Commissioner Ostell moved, seconded by Commissioner Wiener to approve Comprehensive Planned Development Detailed Application CPD2003-002AC2, King Farm Associates with staff recommendation with amended Condition 16.  The motion passed on a vote of 5-0.  Commissioner Britton was absent.

Ownership Plat PLT2006-00470, Four Irvington Centre Associates LLC – for the creation of six ownership lots within a record lot of 7.9237 acres in King Farm in the O-3 Zone at the northeast corner of King Farm Boulevard and Piccard Drive.

Ms. Torma presented staff report.    

Ms. Sears presented request. 

Commissioner Medearis moved, seconded by Commissioner Wiener to approve Ownership Plat PLT2006-00470, Four Irvington Centre Associates LLC per staff recommendations.  The motion passed on a vote of 5-0.  Commissioner Britton was absent. application. 

DISCUSSION

Draft Twinbrook Neighborhood Plan – Outreach Proposal

Mr. Wasilak presented a brief introduction.  Mr. Wasilak stated that at the public hearing on February 21, 2007, Planning Commissioners issued a series of instructions to staff, the Twinbrook Neighborhood Plan Advisory Group and the Twinbrook community groups.  The Planning Commission directed that City staff, along with the Advisory Group and associations bring back a proposed outreach process that would be inclusive of all stakeholders at the March 28, 2007 meeting. 

He presented a summary of what has been discussed to date.  Mr. Wasilak noted that staff has met with Christina Ginsberg, President of TCA and Judy Miller, Vice President of TCA after the Commission brief books were sent out, and staff has received an email that reflects some of the discussion they had with TCA this past Monday. 

Ms. Wallas presented the outreach proposal.  Ms. Wallas stated that she has included a public outreach program.  She discussed a series of methods are proposed to communicate with the stakeholder groups such as Plan Circle discussion meetings that would beheld in either City-owned spaces or in privates homes or businesses, Community-wide Open House meetings, informative flyers sent to each household, update the web-site, and programming on the Rockville Channel 11, in English and Spanish.  Ms. Wallas stated that staff has suggested organizing design workshops to focus on the commercial and industrial areas, as well as residential areas.  She noted that she has prepared a summary of communications/outreach initiatives from Fall 2004 up to March 12, 2007 and a list of Stakeholder Groups and the people involved. 

Mr. Wasilak stated that staff would like to have the Commission’s agreement on the Outreach Plan and that it is important to recognize that this Plan is in the hands of the Planning Commission at this point.  Therefore, it is important that the Commission give some clear direction to staff to make sure that what comes back to the Commission is what they were expecting.   

The following citizens shared their suggestions:   

1.  John Tyner, Chairman of the Twinbrook Neighborhood Plan Advisory Group mentioned that the Commission has the opportunity to use the Advisory Group as a resource or filter; it does not all have to come through staff.  He noted that there are ten members of the Advisory Group, of which five are present tonight have agreed to continue serving.    

2. Todd Harrison, resident of Twinbrook stated that he likes the majority of the proposal for outreach.  He commented on some of the recommendations and suggestions about fine-tuning the Outreach Program.

3.  Judy Miller with TCA suggested bringing in environmental and transportation experts and have some outreach monies for advertising in newspapers to bring people out to meetings.  

3.  Laura Meisner with Burgundy Estates CA stated that in order to obtain input back from her people, they decided to have a series of small meetings in their area.  They had an excellent way of getting in touch with minority members through the churches. 

4.  Christina Ginsberg, President of  TCA presented copies of the survey that went out to the community.  No feedback has been given to her.  They do have to pursue people who have shown some interest in the Plan.  Ms. Ginsberg stated that they are prepared to have small groups to discuss the Plan.   

5.  Linda Bozzonetti, Twinbrook Neighborhood Advisory Group said that the Outreach Program is great, but needs to be balanced by someone who needs to agree with something in the plan.  It is difficult, but there must be a way to get more people involved. 

Mr. Wasilak commented about summary of comments that are submitted to the Commission with regard to the Plan.  He stated that staff will provide the Commission with a chart of all the written comments from these meetings.   

Commissioner Johnson questioned whether it was the intention not to provide the Commission with the written commentary on the development of the Plan.  Mr. Wasilak replied that it is really to provide the community with that written commentary as they come closer to another public hearing, staff would provide all of those documents for the Commission’s review at that time. 

Mr. Tyner commented that the Planning Commission should advise them on how to proceed.

 Commissioner Johnson stated that the purpose of this meeting is to insure that all the right people are in place to consider a revised plan.

The Commission further discussed the Outreach Program, citizens’ comments, mechanisms to be made to reach before revising the Plan, design workshops, and whether the Commission would be revising the Plan or some other body, or the Mayor and Council could appoint member to the Advisory Group.  

Commissioner Hill suggested an extended open comment period and ultimately, the Planning Commission would have to be the arbiter of the Plan. 

It was recommended that updates would be provided to the Commission every three months.

Commissioner Johnson proposed that the outreach proposal for Spring 2007 should be acted on.  All comments should be provided to the Commission and then they could go from there.   

Staff commented on having consultants assist with the workshops. 

Mr. Tyner suggested that when staff puts comments together, do so by category, which would be easier for discussion purposes. 

COMMISSION ITEMS

Old Business

Use Permit USE2004-00678, First Baptist Church of Rockville c/o William L. Wingate, Jr. and Fletcher Honemond - a time extension request of the expiration date, for commencement of the construction or operation of the proposed site use/development, as referenced by the Planning Commission's March 25 2005 letter of approval. 

Mr. Wasilak presented the request. 

A representative of the First Baptist Church explained that the best of three construction bids they received exceeded their budget by approximately $2 million or 80%.  This cost is more than the church has available and they have had to defer the project pending additional funding.  There have been no objections from the neighbors.     

Commissioner Hill moved, seconded by Commissioner Ostell to approve a one-year time extension for Use Permit USE2004-00678, First Baptist Church of Rockville c/o William L. Wingate, Jr. and Fletcher Honemond.  The motion passed on a vote of 5-0.  Commissioner Britton was absent.

New Business

Commissioner Hill said that there has been a request from the Rockville Bicycle Advisory Committee in coordination with the Transportation Commission to have a joint presentation on April 11, 2007 at 6:30 p.m. The subject is Bike Stations and to decided what to do with these facilities.  The suggestion was to try to coordinate that presentation with the Planning Commission meeting to discuss the issue.   

The Commission discussed the meeting schedule to have the joint meeting at another time.

Mr. Wasilak reported that there will be two detailed applications in Fallsgrove and an amendment to use permits for Upper Rock and Twinbrook Commons.  

FYI Correspondence

Commissioner Hill stated that Commissioner Britton has been the House Captain for the Home and Hospitality Tour for Peerless Rockville for years and they are trying to expand this as a Planning Commission site on this event to pitch in and help.  The tour is on May 20 in the Wootton’s Mill area. 

Mr. Wasilak mentioned that he did email the Commissioners regarding the Speakers Series that the County Planning Board’s is sponsoring.  There is a whole series of well-known speakers with regard to planning.

ADJOURN

After further discussion, the meeting adjourned at 10:37 p.m.