Special Exception SPX2007-00372, Sorosh Sadeghi – for approval of an accessory apartment in the R-60 Zone at 316 West Edmonston Drive in the Hungerford neighborhood.

Mr. Chasten presented the staff report.  Mr. Chasten stated that the applicant has installed a stove on the basement level of their single-family home.  There is a full bathroom, an office, dining and living room, one bedroom and a utility room.  The applicant proposes to establish this area of their home as a one-bedroom accessory apartment.  The proposed new living accommodations will serve as the primary residence of the applicant’s parents who immigrated to this country from Canada in September 2006.  The exterior access to the accessory apartment will be provided via a separate (existing) rear entry door.  Mr. Chasten informed the applicant that installation of a stove in the wet-bar area of the basement living quarters required the filing and granting of the subject special exception request in order to formally establish an accessory apartment living unit within their home.  

Mr. Chasten stated that the applicant and the other members of her family would reside in the remainder of the dwelling.     

Commissioner Ostell inquired whether there are houses in the vicinity with accessory apartments.  Mr. Chasten explained that staff looked at the nearby subdivisions within the last ten years and found that there have been no accessory apartments established during that time period.        

Deana Sadeghi, wife of the applicant, stated that her husband is out of town; therefore, she will present the application this evening.  Ms. Sadeghi stated that her in-laws are currently living with them and they would like to provide a separate kitchen for them.  She stated that home improvements were done on their house last year; it is a big house that accommodates everybody.  She said the neighbors are aware of their accessory apartment.  The only change in the apartment is the stove.  

Art Stigile, 312 W. Edmonston Drive stated that he was opposed to the accessory apartment, but, after hearing the presentation, he would like to amend his opposition to say that he did not know the applicant’s parents would be living in the accessory apartment.  Mr. Stigile said that he would like the Commission to grant this application, but restrict it to only the parents living in the apartment.  Otherwise, he would oppose any accessory apartments in the neighborhood because he feels they would change the character of the neighborhood.  

In response to Commissioner Johnson, Mr. Stigile stated that his objection to the accessory apartment was that if it were rented out to nonmembers of the family, there would be excess parking on the street and there already is a parking issue on the street.      

In response to Commissioner Ostell, Ms. Block explained the requirements of an accessory apartment regarding the number of people allowed in an accessory apartment and parking requirements.      

In response to Commissioner Johnson regarding a condition that would prohibit renting the unit to others if the parents moved out, Ms. Sadeghi replied that she would not want to commit to anything in the future.  At this point, her husband’s parents are living with them with no future plans to move out.  Mr. Chasten clarified that when these accessory apartment applications have been filed, staff has traditionally reviewed these applications so that they do not take away from the character of the homes.  He stated that staff could suggest to future applicants, that in order to accommodate an additional parking space on site they must widen their driveways, but once they begin doing that, it would become more of a multi-family dwelling.  Mr. Chasten noted that the applicant would have to come back to amend the special exception if they were to rent out the accessory apartment to non-family members.  

Commissioner Ostell stated that she was glad to see that staff was not recommending more paving.     

Commissioner Ostell moved, seconded by Commissioner Wiener to recommend approval of Special Exception SPX2007-00372, Sorosh Sadeghi, to the Board of Appeals per staff recommendations.  The motion passed on a vote of 4-0.  Commissioners Britton and Hill were absent.

Special Exception SPX2007-00370, Twinbrook Community Church – for approval of a 105 student private elementary educational institution in the R-60 Zone at 5906 Halpine Road in the Twinbrook neighborhood.

Ms. Zirkle presented the staff report.  Ms. Zirkle stated that the church is located at the northwest corner of Halpine Road and Ardennes Avenue.  The property is approximately 1.5 acres in size and located in the R-60 (Single-family Residential) Zone.  The church has been at the site since 1964 and the existing daycare was granted by Special Exception SPX2001-00304.  The existing building contains a sanctuary with a capacity for 226 people, with a daycare on the basement level and office space.  

Ms. Zirkle stated that the applicant plans to construct a new 2,913 square foot addition to accommodate two classrooms and relocated office space.  The remaining classroom space will come from interior renovations of current office space.  The private educational elementary institution will have a maximum enrollment of one hundred and five children from grades K through six.  The drop-off and pick-up hours are 6:30 am-6:00 pm for the daycare and elementary school. 
 
Ms. Zirkle said that, under the proposal, as submitted, vehicular access would remain the same with a one-way entrance from Halpine Road and a one-way exit onto Ardennes Avenue.

In response to Commissioner Ostell, Ms. Zirkle explained that the church does rent out to other churches and ministries that conduct weekly weekend services including River of Life Church, Tapestry Church and Ephesians Ministries.  Ms. Zirkle stated that the church rents out 75 parking spaces to commuters and other persons working in the site area.  The spaces are leased on a monthly basis and are made available during normal business hours, Monday through Friday.  

In response to Commissioner Ostell regarding traffic, Anis Tannir, Transportation Engineer explained the traffic situation.  He said that as far as traffic is concerned, he does not believe that any two activities would take place at the same time.  Therefore, 100 parking spaces would be sufficient for all those attending services on the site.  The exit points are sufficient to allow traffic flow on and off the site as long as no two activities are taking place on the site at the same time.      

Commissioner Ostell questioned the requirements of a playground area because the playground looked relatively small.  Ms. Zirkle replied that the church would have to comply with the State licensing, which they have obtained for the elementary school.  

The Commission discussed concerns regarding traffic circulation and alternatives to one-way traffic flow; no specific time indicated for use of commuter parking passes; and more than one activity happening simultaneously putting a strain on available parking and/or congestion.  

John Bayles, Pastor, presented his request.  Mr. Bayles stated that he has been the pastor of the church for the last nine years.  He said that they have had a very positive relationship with neighbors.  They also make parking available to neighbors for parties as well as other events.  He said he has not received any negative comments.     

In response to Commissioner Ostell, Mr. Bayles discussed the overlapping of the different uses on the site regarding parking and parking hours.  

Commissioner Ostell asked Mr. Bayles if he agreed with a condition regarding control of overlapping activities on the site.  Mr. Bayles replied that he does inform the people when the church cannot accommodate events, for he does not want overflow parking or congestion on or off the site.  He said they have a full-time employee who supervises the parking and traffic for the school.  On Sunday, there are three church services with about 30 or 45 minutes between services, and there has never been any congestion during those times.    

The following citizens testified:  

1.  Joe McClane, President of Cambridge Walk II HOA, stated that they are neighbors of the Twinbrook Community Church and they are good friends, but they have a number of concerns regarding the parking situation.  During an HOA meeting, this application was discussed and resulted in a letter of concerns sent to the Planning Commission.  He stated that some of the cars are parked on the site until late at night.  He said he noticed an increase in traffic as development increases in the area.  They are also worried about parking spaces diminishing in the neighborhood.  Mr. McClane stated that they are worried that adding a school to the property would overwhelm the small parking lot and church buildings.      

2.  Gretchen Miller and Darvey Miller live in the Cambridge Walk I community and they said they were members of one of the church services in the Twinbrook Community Church.  Ms. Miller stated that the Cambridge Walk II HOA letter was not circulated to their HOA, but they do not oppose the application and they are in favor of an elementary school.  She said she has never seen a congestion problem on the site.      

3.  Christina Ginsberg, President of TCA, stated that this church has been very kind to them and they occasionally use their facility as a meeting space.  She passed copies of a letter regarding Avalon Bay development, which was sent to the secretary of TCA.  She said that Avalon Bay is proposing to build apartments on a parcel, which is part of the Halpine Triangle located directly across from the Twinbrook Community Church.  She noted that  she would like to see a one-story usage on that site.  She commented that the Cambridge Walk II HOA letter mentioned the Montgomery County Public Safety Facility located approximately 100 yards down Ardennes from the proposed school and playground along Ardennes Avenue, and that should be addressed.
     
4.  John Tyner, 5911 Halpine Road, commented that there were discussions with neighbors on the block who have never had any problems with the church.  He would like to ask Reverend Bayles to take a look at the particular traffic pattern for the pick up and drop off of the school children because Halpine Road has become extremely congested.  He said that there have been numerous instances where there have been very close shaves with people speeding down the road, and he is concerned about the children when they are being picked up and dropped off at the church.  Mr. Tyner asked if there was a way to have egress and ingress on both Ardennes Avenue and Halpine Road.          

5.  A citizen living in the area stated that he resides in the townhouse unit facing the church.  He stated that this neighborhood does not lend itself to this activity.  It is a settled neighborhood.    

6.  Mark Meeten, Cambridge Walk II, stated that they live adjacent to the church and have lived there for 9 years.  He said the church has been a very good neighbor.  However, there have been some minor inconveniences such as events causing people to leave the site late at night.  The property is much busier right now and he feels it will change the character of the neighborhood and that would make their life less comfortable.

7.  Michelle Lebingcamp stated that his deck overlooks the church parking lot.  He said he lives in Cambridge Walk II.  He has a big concern with traffic and parking and the school.  He said he is opposed to the application.

The Commission further discussed the mixed-use development proposed for Twinbrook, which would be a perfect location for a school, the proposed school would be a much smaller impact on the neighborhood than the upcoming development, this proposal would not change the character of the neighborhood, and the traffic situation.

Commissioner Medearis moved, seconded by Commissioner Wiener to recommend approval of Special Exception SPX2007-00370, Twinbrook Community Church per staff recommendations subject to a request that the Board of Appeals address overlapping activities.  The motion passed on a vote of 4-0.  Commissioners Britton and Hill were not in attendance.

REVIEW AND ACTION

Final Record Plat PLT2007-00479, Global Country of World Peace – for resubdivision approval of a 10,417 square foot pipestem lot as Lot 36, Block B, H.L. England’s 2nd Addition to Rockville in the R-60 Zone in the 500 block of North Horners Lane.

Ms. Hall presented the staff report.  Ms. Hall stated that the property has existed since 1953 and without recordation, the property would not be buildable.  She noted that the property has in this exact configuration since 1953.      

Commissioner Ostell questioned what was being proposed on the property.  Ms. Hall replied that the owner proposes to build a single-family house.  

Commissioner Wiener moved, seconded by Commissioner Ostell, to approve  Final Record Plat PLT2007-00479, Global Country of World Peace, per staff recommendations.  The motion passed on a vote of 4-0.  Commissioners Britton and Hill were absent.

Use Permit Application USE2006-00700, PMG, Inc. – for the construction of an automobile filling station with ancillary retail and restaurant space in the C-2 Zone at 801 Hungerford Drive in the Town Center.

Mr. Chasten presented the staff report.  Mr. Chasten noted that the Special Exception SPX2006-00365 was before the Commission in April 2006.  He stated that the property is approximately 23,329 square feet in size and located at the northeast corner of Hungerford Drive and Frederick Avenue.  The site is improved with a Class I automobile filling station, which has been operational since the mid 1960s.  The existing station building is approximately 1,462 square feet in size, containing two auto service repair bays, office space and a cashier’s area.  The site also contains two fuel pump islands, each containing two fuel dispensers.  

Mr. Chasten stated that the site is bounded to its rear by railroad right-of-way, which contains rail tracks that accommodate the region’s Metro-Rail subway passenger system’s Red Line, along with other rail track that accommodates freight railroad carriers and MARC commuter rail passenger service, which is owned by the CSX Corporation, Inc.    

Mr. Chasten stated that the applicant plans to redevelop the existing automobile filling station, demolish the existing site building structures, construct a new station building, replace the existing fuel dispensers with new modern pumps, install new underground fuel storage tanks, and construct a new freestanding canopy structure to shelter the fuel pumps, and redesign the existing site vehicular entrances on both Hungerford Drive and Frederick Avenue.  The building will be designed as a convenience store with an ancillary food sales component.  The new fueling positions are designed to accommodate twelve vehicles.  The proposed freestanding canopy will be approximately 80 feet in length and 36 feet in width, with a height of 16.6 feet.  Once constructed, the proposed new filling station with its convenience store and fast food component will be operational 24 hours a day, seven days a week and staffed by four employees per work shift.  There will be three work shifts, with each being eight hours in length.

The Commission discussed concerns with on-site traffic circulation and questioned why a use permit was required following approval of a special exception.  Ms. Block explained the requirements in the Zoning Ordinance.   

Ken Colbert, Site Engineer for the project with Colbert Matz Rosenfelt, Inc. presented request.  Mr. Colbert addressed on-site vehicular circulation, 6-foot wide sidewalk, landscape plan, lighting, green building concept, and truck delivery hours.       

Commissioner Wiener moved, seconded by Commissioner Medearis,  to approve Use Permit Application USE2006-00700, PMG, Inc. per staff recommendations.  The motion passed on a vote of 4-0.  Commissioners Britton and Hill were absent.
 
Final Record Plat PLT2007-00472, PMG, Inc. – for assemblage of two existing lots into a single record lot of 23,320 square feet in the C-2 Zone at 801 Hungerford Drive.

Mr. Chasten presented the staff report.  

Commissioner Wiener moved, seconded by Commissioner Ostell, to approve Final Record Plat PLT2007-00472, PMG, Inc. per staff recommendations.  The motion passed on a vote of 4-0.  Commissioners Britton and Hill were absent.

COMMISSION ITEMS

Old Business

Planned Residential Unit PRU2006-0022A, Chestnut Lodge – review of architectural elevations for the Little Lodge, Stable and Ice House

Mr. Wasilak reported that this application has been postponed to the next meeting due to some discrepancies.  He noted that staff would get the correct packet out to the Commission for its next meeting.

Chief of Planning Report

Mr. Wasilak stated that the next meeting would be on July 11.  

The Commission discussed procedures on moving forward with the Twinbrook Neighborhood Plan.  Commissioner Johnson questioned whether it would be permissible to communicate with one another by email to come up with a letter that would give some direction to staff on how to proceed.  Ms. Block stated that she recalls that, at the Commission’s last meeting, the intention was that a letter was going to be drafted and circulated.  Commissioner Johnson said he drafted a letter and circulated and received comments, but a letter was sent from the Twinbrook Advisory Group, which has caused many of the Commissioners to rethink the direction they had initially set forth in the letter.  Therefore, the Commission needs to discuss how it wants to go forward.       

The Commissioners and staff discussed methods on how to proceed with the Plan.   

After further discussion, it was the consensus of the Commission that a public hearing would be scheduled in September.  Ms. Wallas recommended impressing upon the commercial community that they need to come to the hearing.
 
After further discussion, the meeting adjourned at 8:51 p.m.