Mr. Wasilak introduced Jeffrey Winstel, new Senior Historic Preservation Planner to the Commission.

Map Amendment MAP2007-00098, Mayor and Council of Rockville – for rezoning from R-60 to R-60 (HD) to allow historic designation of 100 Lynch Street.

Mr. Winstel presented the staff report on the Wilt-Barnsley House at 100 Lynch Street.  Mr. Winstel stated that all three of these proposed map amendments are the result of the Mayor’s outreach letter from last year that was sent to 628 households with homes that were built before 1945.  He stated that the staff received interest from these property owners in historic designation and worked with them to complete the process. 

The Wilt/Barnsley House was built in 1926 by William and Andy Wilt.  The house is on Lot 1 in Block 7, West End Park.  The house is significant for its architecture; it is an example of a gable front vernacular house type that was very popular in the 20th century.  It was a very popular catalogue house type (although this is not a catalogue house, per se) because it was known as being a very economical and compact house.  The house also had Craftsman stylistic influences.  The honest and straightforward approach to the architecture is carried through with such things as the exposed rafter ends and other structural details that are emphasized.  The house is further significant for social and cultural reasons.  Lucy V. Barnsley, a beloved Rockville teacher, who lived in the house from 1941 until 1962.  She taught in the school system from 1927 to 1951.  Further, she was very active in forming the Retired Teachers Association and through her efforts; retired teachers could work as substitute teachers when retired.   Ms. Barnsley was awarded the Outstanding Graduate of Maryland State Teacher’s College and in 1957, she was named the Maryland Mother of the Year.  In 1966, the Lucy V. Barnsley Elementary School was dedicated in her name, the first school in Montgomery County be named for a woman.  Lucy V. Barnsley is significant for starting the first summer program for “slow learners and problem boys” and taught three generations of Rockville students. 

Mr. Winstel noted that the primary alteration to the house is the large 1985 large rear addition and garage.  The windows in the historic section are believed to be original.  Mr. Winstel stated that the sun porch is the original feature to the house.  A rear-detached garage depicted in the 1949 Sanborn Map has been removed.  In response to Commissioner Hill, must designate the entire structure.  The Historic Resources Management Plan for the City of Rockville would place this house in historic context 6, “Maturation and Expansion of the County Seat” from 1873 to 1931.   

The Commission questioned whether the alteration to the house would have to be approved by the Historic District Commission (HDC), and if historic districts have to be contiguous in terms of their boundaries.  Mr. Winstel replied that any new addition to a historic house would have to be approved by the HDC, but an existing addition at the time of designation does not require separate action.  Historic districts have to be contiguous since they are identified as significant for their continuity and the link of the resources.     

Commissioner Ostell moved, seconded by Commissioner Wiener to recommend approval to the Mayor and Council of Map Amendment MAP2007-00098, Mayor and Council of Rockville.  The motion passed on a vote of 6-0.   

Map Amendment MAP2007-00099, Mayor and Council of Rockville – for rezoning from R-60 to R-60 (HD) to allow historic designation of 104 Lynch Street.

Mr. Winstel presented the staff report.  Mr. Winstel stated that the Howes-Grossman House was constructed in 1904 and was first lived in by Harry and Dusty Howes.  Harry Howes was listed as a builder and carpenter.  There is no record to confirm that Harry Howes built his house.  The house is located, Lot 3, Section 7 in the West End Park.  Architecturally, the house is significant as an example of a vernacular house type known as the Tri-Gable Ell.  This does have Queen Anne influences, such as the fish scale shingle siding in the Gable.  Mr. Winstel stated that the property was owned by brothers Israel and Samuel Grossman, owners of DGS grocery store in Rockville from 1920-1960, from one of the original Jewish families in Rockville. 

Mr. Winstel described the footprint of the house.  There is a two-story bump out on the front façade of the house, which is not a typical feature of this house type.  But the 1949 Sanford map does show that it was done during the tenure of the Grossman brothers.  So it would be considered a feature that is historically significant.  In addition, the map indicates there were some changes on the rear elevation.  The side appendage seems to have shifted from one side to the other from the 1949 map.  He said he is still waiting to see some historic photographs that are going to be provided to him by one of the family members, to see if he could learn the mystery of the rear elevation.  The property contains a garage.  It has side appendage that is now gone.  The lot was split at one point.  He said he believes that Israel Grossman had a house built next door for his later years.  The Historic Resource Management Plan would identify this house as a historic context 6 “Maturation and Expansion of the County Seat, 1873 to 1931”. 

Commissioner Hill moved, seconded by Commissioner Wiener to recommend approval to Mayor and Council of Map Amendment MAP2007-00099, Mayor and Council of Rockville.  The motion passed on a vote of 6-0. 

Map Amendment MAP2007-00100, Mayor and Council of Rockville – for rezoning from R-90 to R-90 (HD) to allow historic designation of 149 South Adams Street.

Mr. Winstel presented the staff report for the Tudor revival cottage at 149 S. Adams Street, owned by Mrs. Ruby Tyler.  Ruby and her husband, Frank Tyler, Jr. purchased the property in 1940 after renting the house for about a year.  He stated that the house was built in 1931 and is a one and half story house with stucco over frame and has a rectangular footprint and asymmetrical massing.  There is a projecting front gable on the north bay of the front façade and steeply pitched asphalt-shingled gable roof.  Access is through a recessed flat arched entry with the original three light door.  The front center bay contains a trio of six over six windows on the first floor, which is repeated in the dormer of the second floor.  There is a brick chimney on the south end wall and a one-story family room addition on the south end that was built by owner Frank Tyler shortly after the Tyler’s purchased the house.  The house is in excellent condition and retains its architectural integrity.  The north side entrance has the original four light wood door and there is a granite millstone that is embedded in the concrete stoop in front of the north side door.  Staff does not know the origin of the millstone, but, historically, there were several mills in the area.  It is highly speculated that it may be from Wootton’s Mill.  The Tyler’s added a screened porch to the rear.  There is a rear door from the kitchen that leads out to the porch.  The foundation under the porch is poured concrete.  The yard slopes to the rear and is about one third acre.  It has numerous mature trees and various plantings.    The street visible at the bottom of the hill is Argyle Street.  There is a single car garage that was built about the same time as the house and is situated along the north property line behind the rear line of the house. As with most garages of this area, it is one bay and is a very simple structure.  There is only one window and it is in the rear wall.  The 1949 Sanborne map of S. Adams Street within the Rockville Heights subdivision shows the location of the property close to the intersection with Maryland Avenue.  Mr. Winstel said that about 80% of the houses on this block were built between WWI and WWII.  Before this time, the street was unpaved and dead-ended at Maryland Avenue.  Amelia Higgins purchased Lot 4 in Block 7 in July 1890 and held onto it for 26 years before selling it to Luther Hoellman in 1916.  Mr. Hoellman sold the lot to Norman Ingalls in 1931 and he hired a local builder, Charles West to build the house and he likely used some purchased plans.  He rented the house to Frank and Ruby Tyler a few years after they were married and sold it to them in January 1940 for $7,500. 

The staff finds that 149 S. Adams Street meets criteria for single site designation.  The house and the garage are substantially unaltered and retain architectural integrity.  The environmental setting is intact.  The lot is an originally platted lot of the late 19th century  Rockville Heights subdivision.  The property has cultural and social significance with its long association with the Tyler family.  Mrs. Tyler has been an owner-occupant for about 68 years and she currently resides in the house.  Her family, the Gotts, in particular is cited in Schart’s History of Western Maryland as a prominent family and is associated with Maryland’s settlement history.  Mr. Tyler was an active and involved member of the community as a Rockville attorney for more than 3 decades. 

The Commission inquired whether there was an abandoned alleyway in back of the house, if the designation applies to the entire lot, as a result of the Mayor’s outreach letter, were there many properties evaluated that do not meet the criteria, and whether the designation would affect the roofing of this house.    

Commissioner Ostell moved, seconded by Commissioner Wiener to recommend approval to the Mayor and Council of Map Amendment MAP2007-00100, Mayor and Council of Rockville.  The motion passed on a vote of 6-0.

REVIEW AND ACTION

Use Permit Application USE2007-00705, Mayor and Council of Rockville – for the construction of a 6,000 square foot addition to the Rockville Municipal Swim Center, containing a fitness center and meeting room and other associated site improvements on the property located in the R-90 (Single Family Detached, Restricted Residential Zone, at 355 Martins Lane.

Ms. Walters presented the staff report.  Ms. Walters stated that the City is proposing to construct a fitness center, meeting room and other associated site improvements.  The addition would be one-story and located adjacent to the southwest wall of the existing indoor pool.  The addition complies with all applicable building and setback requirements in the R-90 Zone.  The existing parking would not be affected by the addition.  There are currently 331 parking spaces.  Pedestrian access would be located to the front of the current Swim Center.  The applicant is currently working with the City Forester to obtain approval of the project’s forest conservation and landscape plans.  There will be 17 trees removed, but 21 trees will be replaced.  This addition would have minimal impact on the circulation, access to the site, and parking at the Rockville Swim Center.  Staff finds that the current pedestrian, non-vehicular, and vehicular access and available parking are sufficient to handle the projected additional 22 trips during peak hours and the 27 trips during evening peak hours as a result of the project. 
 
Ms. Walters stated that the Swim Center has been in existence since 1968 and staff has found no evidence that the expanded center would be detrimental to the abutting land uses or adverse to the health and safety of persons residing in the neighborhood.  The proposal to expand the Swim Center is needed to accommodate the demand from patrons in the community.  Ms. Walters noted that the character of the neighborhood would not be altered.     

The Commission discussed concerns regarding traffic patterns, exit and entrance points to the site, pedestrian access to the site, forestation, lighting on the site at night, bicycle facilities, long term and short-term parking, impact on the neighborhood, and whether the Center would be available for community meetings.

In response to Commissioner Ostell, Burt Hall explained that it was a request from the West End Civic Association to ask for a meeting space.  He noted that uses are free of charge. 

Mr. Hall pointed out that this will be a wonderful aquatic center, and fitness center.  He said that the expansion would be an outstanding addition to the Swim Center.  

Commissioner Ostell moved, seconded by Commissioner Britton to approve Use Permit Application USE2007-00705, Mayor and Council of Rockville per staff recommendations.  The motion passed on a vote of 6-0.

Ownership Plat PLT2007-00478, Nancy Regelin for JBG/Market Square I, LLC – for approval of ownership lots for Blocks E and F in the Upper Rock development in the I-3 Zone at 3 Choke Cherry Road.

Mr. Wasilak presented the staff report.  He stated that the ownership plat is for a property within the Upper Rock Development.  It is covered by a flurry of development plans, which sets forth the development rights on the property and has been subject of use permits implementing that PDP.  Most recent of which was amended back in April 2007 by this Commission’s action.  The way the Upper Rock community will develop with regard to ownership of property is that the entire site is a single record lot that is being divided up into different parcels.  There will be a separate ownership of those different structures and facilities that will be accomplished via the ownership lot process.  Therefore, every time there is an amended use permit for the entire site that adds more development for the blocks, it will be accompanied by an ownership plat.  This is to implement the use permit for Blocks E and F on the Upper Rock development.  

Commissioner Johnson confirmed that these are ownership plats for the use permit that were amended in April.  Mr. Wasilak replied that they were amended. 

Nancy Regelin, Attorney representing the applicant stated that the applicant concurs with the markups in Exhibit A. 

In response to Commissioner Johnson, Ms. Regelin explained that every use permit that comes to the Planning Commission from now will be an amendment of the original PDP because the Code states that a use permit must cover an entire lot and there is only one record lot before the Commission tonight, even though they are talking about all of the individual ownership lots.  They have filed a use permit amendment for Blocks G and H, which will be coming before the Commission in the future.  They are not planning to make any changes to Blocks E and F.  They are waiting for the issuance of the building permits for the garage on Block F. 

Commissioner Medearis moved, seconded by Commissioner Ostell to approve Ownership Plat PLT2007-00478, Nancy Regelin for JBG/Market Square I, LLC per staff recommendations.  The motion passed on a vote of 6-0.

Time Extension for Comprehensive Planned Development Detailed Application CPD2005-002AK, King Farm Associates – for a one-year time extension to commence construction of a 352,565 square foot office building at the northwest corner of King Farm Boulevard and Piccard Drive in the King Farm development.

Mr. Hurlbutt presented the staff report.  On June 8, 2005, the Commission reviewed and approved this application.  The application is for a 352,565 square foot office building, including 5,000 square feet of retail/restaurant and 4,087 square feet of conference and fitness space at the northwest corner of the intersection of King Farm Boulevard and Piccard Drive within the Irvington Centre office area.  The approved application will expire on July 5, 2007.  The applicant, King Farm Associates, LLC (KFA), has applied for a one-year time extension.  Circumstances beyond King Farm Associates control have delayed KFA’s ability to commence construction by July 5, 2007. 

Commissioner Hill asked staff to cite the actual standard for granting this extension out of the Ordinance.  Mr. Wasilak stated that the text states that “for good cause shown”, the Planning Commission one year each, may grant not more than two time extensions not exceeding.  Construction or operation shall commence within two years of the issuance of the permit or the use permit shall become void.  Mr. Wasilak noted that, in the past, the Planning Commission raised the bar for granting these time extensions; it is not just for the asking, but the case must demonstrate good cause shown.     

Barbara Sears, Attorney, presented the request.  She explained that this office building was approved by the Planning Commission about two years ago.  Because of the size of the building and the nature of the tenants that are at King Farm, the owners have been working with a succession of quite large tenants.  To do necessary analysis for large tenants was very complicated in order to figure out what the situation would be in terms of the use of the buildings.  Unfortunately, both of those potential tenants, in succession, did not transpire into leases.  Currently, they are now working with a tenant who would take over 500,000 square feet and it would involve both building F-5 and F-6.  The application should be coming before the Commission shortly.  This is the first time extension on this building because they want to complete the analysis.  Ms. Sears stated that they are very hopeful that this tenant would choose this site.  The owners would not begin construction on the building until the analysis has been completed.  Ms. Sears stated that they do believe there is good cause, which is a diligent effort on the part of the applicant to proceed with this building, but, understandably, they have not begun construction until it is known that the tenant would sign the lease. 

The Commission discussed concerns regarding good cause shown, quality of tenant, and market conditions regarding the office buildings in King Farm.  Commissioner Hill stated that the standard is good cause, not reasonable cause.  He said that he is troubled that cause stated by the applicant amounts to a business decision.          

Commissioner Britton moved, seconded by Commissioner Ostell to approve a one-year time extension for Comprehensive Planned Development Detailed Application CPD2005-002AK, King Farm Associates per staff recommendations.  The motion passed on a vote of 5-1 with Commissioner Hill voting nay. 

COMMISSION ITEMS

Old Business

Twinbrook Neighborhood Plan Public Outreach Process Update

Mr. Wasilak stated that staff felt this was a good time to come back to the Commission with an update of the Twinbrook Neighborhood Plan Outreach process.  Mr. Wasilak said that staff has had three open houses with the community and thought at this point it was a good time to come back to the Commission with an update and he hopes to receive comments from the Commission on this process this evening.       

Ann Wallas presented the update.  Ms. Wallas stated that three open houses were held, April 29, May 15 and May 31, 2007.  There were approximately 50 visitors to the first two open houses and 42 visitors to the third open house.  Ms. Wallas noted that the Draft Twinbrook Neighborhood Plan website has been updated and now offers the opportunity for citizens to sign up for emails and to give comments on line.  She said that the list of comments from the open houses is available on the web site.  Staff is preparing a series of open houses as well as design workshops envisioned as facilitated, interactive meetings, where residents and property owners could view and comment on illustrated scenarios for the future vision of the Twinbrook commercial and industrial areas.

Ms. Wallas stated that more than 300 citizens responded to the 2004 kick-off survey.  City staff wrote a follow up letter to them giving information on how to obtain a copy of the Draft Plan, the dates and times of the Open Houses and how comments could be provided.  

Ms. Wallas informed the Commission that letters were sent, in English and Spanish, to the Twinbrook community associations and organizations.  Meetings have begun with individual commercial property owners and will continue into the summer.    

Mr. Wasilak thanked Commissioners Hill and Ostell for attending the Open House meetings.   

The Commission discussed having design workshops to focus around commercial area as well as for residential possibilities.  Traffic was also discussed as well as HOA involvement and  comment forms.   

Christine Ginsberg, President of TCA stated that all sides are not represented.  She stated that she would like to see the Plan shown in a manner where people could understand it. 

Commissioner Johnson supported Ms. Wallas for doing everything possible to work with the community. 

Linda Bozzenetti, member of the Twinbrook Neighborhood Advisory Group thought that part of the problem is that people may be confused.  Ms. Bozzenetti spoke about Spanish speaking people and Myra Bayonet, staff member, who reached the Spanish community.  There are things in the plan that she is not comfortable with, but people need to be more flexible to get this goal accomplished. 

The Commission discussed concerns regarding language barrier issues, confusion with the language in the Plan, notifications circulated to all households, both in English and Spanish, improve traffic circulation at the shopping centers, geographic scope of the Plan may be too ambitious; the area may have to be divided into segments.  

John Tyner stated that he used to be the President of TCA.  He noted that there is always going to be adverse comments from the citizens.  Mr. Tyner stated that the Commission needs to focus on how to accept the second draft.  The Commission needs to tell them what they would like to see.  Mr. Tyner noted that design workshops would only be successful if staff would make a special effort to include the commercial property owners. 

Judy Miller stated that she is on the Advisory Committee as well as Vice President of TCA.  She addressed Commissioner Britton’s question.  She stated that people who commented did not want the community divided.  They want to continue with their outreach.  She noted that comments are very valuable. 

Rich Gottfried said that he went to two out of three open houses.  He pointed out that there should be less talking and more listening to the residents.  There needs to be more open houses, not design workshops yet.   

The Commission and staff continued to question and discuss concerns with the mailing process, receiving comments on the website, sending out surveys to the residents, having additional open houses, having more open meetings and public hearings, and whether the residents or the Commission would make the final decision to finalize the Plan.

After discussing the matter, Commissioner Johnson said he would email instructions to staff and the Commissioners regarding the Plan.   

Chief of Planning Report

Mr. Wasilak presented the COPT development update.  He stated that the developer had issued an appeal to use permit and forestry input.  The process is ongoing and will be continued Thursday night with closing arguments.  Ms. Block is representing the City.

Mr. Wasilak reported that the agenda for June 27th meeting would be full.

Mr. Wasilak stated that award of the contract for the Rockville Pike Plan on June 18 would be before the Mayor and Council for approval.  The company is based in New York and Ohio.  

Minutes

Commissioner Hill moved, seconded by Commissioner Wiener to approve the minutes of Meeting No. 7-07 as amended.  The motion passed on a vote of 5-0-1 with Commissioner Medearis abstaining.

Commissioner Britton moved, seconded by Commissioner Ostell to approve the minutes of Meeting No. 8-07 as amended.  The motion passed on a vote of 5-0-1 with Commissioner Wiener abstaining.

Commissioner Hill moved, seconded by Commissioner Ostell to approve the minutes of Meeting No. 9-07 as amended.  The motion passed on a vote of 5-0-1 with Commissioner Wiener abstaining.

Commissioner Hill noted that he would not be attending the June 27th meeting. 

After further discussion, the meeting adjourned at 9:50 p.m.

Respectfully submitted, Tyler Tansing, Commission Secretary