REVIEW AND ACTION

Use Permit Amendment, USA1989-442B, Montgomery County Government- for approval of minor additions to the building, and site improvements for the reuse of the Montgomery County Detention Center at 1307 Seven Locks Road in the R-S Zone.

Ms. Hall presented an overview of the staff report.  Ms. Hall stated that all functions in the Detention Center complex are already in use and the intention is to continue to use it as a publicly owned facility.   Ms. Hall stated that there has been an intensity of operations on the site and there must be modifications in order to continue the use of the facility.  Modifications to the interior spaces within the building are planned.  The proposed additions include a 2,000 square foot mechanical room, a 430 square foot temporary entry, a 560 square foot control room, a 400 square foot information technology rooms, an 840 square feet to the Commissioner’s office and a 600 square feet to the fugitive and warrants divisions.  The total increase in square footage to the complex is 4,860 square feet with the 600 square foot fugitives and warrants additions being within the building perimeter.  Ms. Hall stated that exterior site modifications would include a rearrangement of the drive aisles and driveways on the site to accommodate not only construction traffic on the site during the phased renovation project, but also the increased parking spaces being installed.  Additional exterior renovations include the placement of a bus loop and the placement of a sidewalk along Seven Locks Road from Wootton Parkway to the facility’s driveway entrance.  The bus loop is related to meetings that have occurred across the street (in the Council Office Building).  Ms. Hall noted that Dwayne Jenkins with the City’s Neighborhood Resources has been attending these meetings. 

Ms. Hall said that the site is a single property that includes the police station, jail and maintenance facility.  She stated that she has only heard from three members of the community and they were just curious about what was going on.  There have been no zoning issues related to this project. 

Commissioner Britton inquired about the former bus stop on Seven Locks Road.  Ms. Hall explained that Seven Locks Road used to connect the Detention Center with Falls Road, but because of the new overpasses and exits off I-270, a bus stop was not feasible with all that is going on at that intersection of Wootton Parkway and Seven Locks Road. 

Commissioner Ostell asked how the Rockville Neighborhood Advisory Group was formed.  Ms. Hall replied that the group was formed by the County. 

In response to Commissioner Ostell, Ms. Hall explained that the Detention Center’s intention is to modify the intensity of operations; the parking spaces are being improved and will be expanded in some areas.  Ms. Hall pointed out that there are six additions, which amount to 4,800 square feet.  Ms. Hall pointed out the illustrations of the project and discussed the square footage proposed to be improved.  

Commissioner Medearis commented that she thought that when the Clarksburg Detention Center opened up, all activity would be transferred from Rockville to Clarksburg.  Ms. Hall replied that the Rockville Detention Center would not shut down, but it would continue to hold prisoners, but not for long term.  The Center would still operate, but at a lower level of use.  The bus stop was discontinued in front of the Detention Center on Seven Locks Road because of inadequate ridership. 

Commissioner Tyner questioned whether the bus loop is for anticipated service or for sometime in the future.  Ms. Hall replied that the community brought this matter up in the advisory committee.  She explained that with all of the activities and improvements that will be taking place on the site, someday should there be enough ridership and the bus loop would already be built for that use.  Commissioner Tyner pointed out Page 6 in the staff report regarding the movement of the parking lot arrangement so as not to have such a steep slope in the area.  He asked if staff was satisfied with the changes to the point where it would minimize the slope in that area.  Ms. Hall replied that it would still need a retaining wall.  However, the parking area was shifted farther away from Seven Locks Road, initially.  Ms. Hall said that she and Environmental staff worked with representatives of the County to shift the parking area forward and away from the stream channel.  Staff was concerned that the steep slopes would erode the channel area, which was deemed a pristine area that had evolved over the years into an important nearly natural area with wildlife and cattails. 
  
Commissioner Hill noted that since the original special exception approval, there have been six incremental use permits issued.    He questioned sending this application back through the special exception process.  Ms. Hall explained that the applicants are only talking about 1,400 square feet of occupied space and there is minimal functional space to be improved.  The major improvement is the parking area.  Ms. Hall stated that there is no parking standard in the Zoning Ordinance for a publicly owned and operated facility.  Commissioner Hill said he approximated 100,000 square feet of improvements and has done that in chunks over an extended period of time, probably warrants revisiting the application in the future.  Commissioner Hill also asked if there was any consideration of moving the sidewalk to the west side of Seven Locks Road.  Ms. Hall explained that a sidewalk would not work well on that side because there are houses there and the slope of the terrain.  She also had the impression that the neighbors would not like a sidewalk against their back property lines. 

The Commission discussed other concerns regarding stormwater management, screening of the facility, meandering sidewalks, and the loss of trees. 

Art Wallenstein, Director of the Department of Corrections and Rehabilitation for  Montgomery County, stated that he has been involved with this project since its inception.  He noted that the first community meeting was June 15, 2000 and it was at that meeting that Mayor Rose Krasnow and City Manager, Mark Pentz specifically asked that the County re-establish a community advisory committee so that there would always be community involvement.    They have published minutes of those meetings since November 15, 2001 and there is a link on the Rockville City website that takes one to the County website.  They have engaged the community directly since the end of 2000.  The Chief of Police, Terry Treschuk has been part of that process since its inception and Dwayne Jenkins with the City’s Neighborhood Resources joined a bit later when he joined the City.  The committee meets four times a year whether anyone shows up or not; they publish their minutes and they do regular updates on the re-use project. 

In response to the Commission regarding the perception on the part of the community with the opening of the facility in Clarksburg as to whether there would be diminished or no operations, the answer is “no”.  The County Council passed a resolution in late 1995, specifically indicating that with the opening of the new jail that the Rockville facility would still be an active correctional facility, but it would never house more than 200 prisoners.  The facility has been open since March 2003 and followed, to the letter, all of the promises, commitments and any public issue that was agreed upon would be part of that program.  Mr. Wallenstein noted that they are very proud of that in terms of their work with the community over an extended period of time.  Many of the improvements on the site are directly related to community observations. 

Mr. Wallenstein explained that the community wanted a bus turnaround; they wanted as little foot traffic as possible and they knew there most likely would not be the requisite number of riders.  Bruce Romer committed that, even if there were no riders for the bus stop, they promised the community they were going to build it anyway.  Mr. Wallenstein said that he was present when Mr. Romer made that comment and decision.  Therefore, the residents on Seven Locks Road always assumed that there would be a bus stop there regardless of ridership, because a personal commitment was made to them in order to attempt to keep people off the road. 

Mr. Wallenstein explained to the Commission that the community specifically asked that the sidewalk be installed on the County side of the road because of the backyards that run directly up to the Seven Locks.   

Hamid Omidvar, Chief of Design explained the project is currently called MCDC (Montgomery County Detention Center).  Mr. Omidvar stated that the facility has been operating since 2002 with its current function.  He explained that they are improving the facility so the programs will perform more efficiently.  He stated that they are not adding impervious area as it is already paved.  Mr. Omidvar provided a history of improvements on the site, function and design of the facility and the reuse improvements.  He said that the community would be involved in all aspects of the design.  Mr. Omidvar stated that as for  the meandering sidewalk, they have three priorities:  1) feasibility in that they would work with the grading; 2) they do not want to cut down large trees, and 3) the safety and security of the facility.  That project would be sent to their sidewalk group.

In response to Commissioner Hill regarding the wall enclosing the exercise area, Mr. Omidvar stated that the wall that encloses the exercise area creates some visual protection and security to the cars parked there.  They do not want to demolish too much because cost is an issue.   

In response to Commissioner Hill regarding why this location the best place for the facility, Mr. Omidvar explained that this is an existing facility and it would require finding another property.  Locations for buildable properties are rare to find. 

Mr. Wallenstein stated that locating the facility that is not immediately accessible to the police would take police off the roads for extended periods of time and it really needs to be where the action is. 

Commissioner Hill suggested taking the detailed sidewalk design to the review group because he feels they should be confronted with the question if substantial screening has to be sacrificed, what would be the choice that they would prefer.  Mr. Omidvar agreed and said he accepted all the conditions in the staff report. 

Commissioner Ostell asked the applicant if there are any changes in use with these additions.  Mr. Wallenstein replied that the functions remain intact.  Not everything that is there now will be coming back.  There has not been one change in the program since 2001. 

In response to Commissioner Britton, Mr. Omidvar discussed the stormwater management on the site.  The Civil Engineer explained that there is an increase in the height of the risers for quantity control and there will be minimal change.  

In response to Commissioner Britton regarding the consideration of pervious material for sidewalks and other areas, Mr. Omidvar replied that they are studying the matter.  He said that their concern is how it carries the weight of various cars on it.  He noted that it would not be suitable for fire trucks. 

Commissioner Tyner asked Mr. Wallenstein whether any other things are being considered that would increase the footprint of this structure.  Mr. Wallenstein explained there has never been any discussion regarding the expansion of the facility in 8 years.  They have rejected all possible uses that would bring in more people.  Mr. Wallenstein explained that there would be no new functions that would generate additional human traffic on the site. 

The following citizen testified:

Gloria Paul, 1123 Halesworth Drive, stated that she is a retired community activist and a former Planning Commission member.  She said she is a current member of the Neighborhood Advisory Group for the Seven Locks Detention Center.  She said she agrees with Mr. Wallenstein and thanked and commended everybody in DOCR staff as well as all of the County staff involved in construction and planning for this project.  They have worked extremely hard to do a good job for the community, and in running the process.  This is what the community has wanted for this project. 

Ms. Paul answered Commissioner Hill’s question about the high rise.  She stated that, initially, when modulars went up, the community was promised they were temporary.  As time went on, demolishing the high rise was traded for keeping the modulars.  Then, that portion of the high rise was removed from the budget.  She said that most of that was a political decision, not really a reflection of the commitment of DOCR.  Mr. Wallenstein has been wonderful about keeping undesirable uses out. 

Ms. Paul continued to discuss the goals of the communities regarding the project such as not having a jail in Rockville.  She said that she trusts DOCR in keeping their commitments to the community.           

Commissioner Tyner moved, seconded by Commissioner Medearis, to approve Use Permit Amendment, USA1989-0442B, Montgomery County Government, per staff recommendations.  The motion passed on a vote of 6-0.  Commissioner Wiener was absent.    
    
Use Permit Amendment USA1965-0118B, Nancy P. Regelin for Rockville Town Center LLC-for approval of a bank branch housed in a temporary structure in the TC-2 Zone at 369 Hungerford Drive. 

Mr. Hurlbutt presented an overview of the staff report.  The site is located near the intersection of Hungerford Drive and Beall Avenue across from the Town Center.  The property is zoned TC-2 and contains approximately 25,514 square feet of land area.  The property is improved with a one-story building that contains 1,771 square feet that was formerly occupied by a Gold’s Gym sales office and, previously, a gas station.  The applicant plans to use the building to house safe deposit boxes for the bank and they also plan to remove the existing canopy.  Mr. Hurlbutt stated that the site has two entrances from MD 355 as well as having a connection to a service drive that provides access to the signalized intersection of MD 355 (Hungerford Drive) and Beall Avenue. 

Mr. Hurlbutt stated that the applicant proposes to place a 1,450 square foot temporary bank trailer that will be located on the build-to line at the southern end of the property, 60 feet back as required by the Zoning Ordinance.  There will also be an ATM machine located in between the existing structure and the temporary trailer.  Mr. Hurlbutt described the trailer as very similar to other bank trailers in the area.  The landscaping plan illustrates that the applicant proposes to build a five-foot sidewalk with a tree lawn with hedges and trees, and striping, which will provide pedestrian access to the ramp and stairs to the temporary trailer.  In addition, the applicant will provide one bike space and 13 parking spaces. 

Mr. Hurlbutt highlighted a few conditions.  In Condition 7, the applicant will provide two bus shelters near the site; Condition 9, the use of the property will be limited to 36 months; Condition 10, to extend the ingress/egress easement that provides access to the signal at Hungerford Drive and Beall Avenue across the front of the subject property and, in addition, to provide a public utility easement, and, Condition 11, the applicant will temporarily barricade the northernmost curb cut entrance to the site on MD 355 so that no vehicles can enter or exit the site at that point.  Mr. Hurlbutt stated that staff is including a Forestry condition to provide an NRI and FCP to ensure that the trailer does not disturb the significant trees in the back of the property.   

Commissioner Hill stated that he was interested in identifying the portion of the Zoning Ordinance that mobile structures in commercial zones are being used similar to this property.  Mr. Hurlbutt replied that because there have only been a few located in the City, the most recent ones are in the Town Center: a sales trailer and a bank trailer, side-by-side.  Also, another example would be the Sandy Springs Bank, which was approved by Special Exception.  In most cases, temporary trailers are approved through the City’s Inspection Services Division, associated with a housing development.  Commissioner Hill agreed that temporary sales offices related to structures on the site or nearby are specifically accounted for.  The Sandy Springs Bank does not quite seem to be a good precedent because it was a special exception and sustained operations of a bank on the site, on which it would be constructed. He said he is also concerned about the arterial road exposure of this use.  He noted that the sales office for Town Center is not on a busy road.  Commissioner Hill stated that he believes this comes down to precedent. 

In response to Commissioner Hill regarding the standard, Mr. Wasilak explained that in this particular case, if a building permit were to be issued by Inspection Services for this type of facility, the facility must be anchored to the ground.  It is not a mobile use on wheels; it has to have full services, so, in that regard, it is a building installed on the site, however, it may only be physically on the site for a limited amount of time and for a specific purpose.  Commissioner Britton asked whether mobile units at schools were use permits or special exceptions.  Mr. Wasilak explained that, because schools are a publicly operated facility, they do require a special exception as a modification to that approval and they have come before the Planning Commission and Board of Appeals as such.  Commissioner Hill asked that this is a permitted use of the zone, and Mr. Wasilak replied that it was permitted.  The building meets the safety requirements. 

The Commission further discussed concerns regarding the temporary use of the bank trailer.

Mr. Wasilak clarified that this is a temporary location of Bank of America facility that is currently located at 255 North Washington Street.  The property is owned by Kettler, who is the developer of 255 North Washington Street.  The likelihood of it developing into something else is fairly slim, given the ownership of the property.  So, this is a way of facilitating that redevelopment and to allow Bank of America to relocate once they find their permanent location in the Town Center. 

The Commission and staff further discussed the period of time that the trailer could remain on the property. 

Nancy Regelin, Attorney for the applicant, presented the request.  She spoke about the temporary trailer, and the amount of time on which the trailer would be permitted to remain.  She noted that the timeframe is based on if there is no other location to put the bank, they may go back into office space at 255 North Washington Street.  However, when the moratorium is lifted, in the City of Rockville, there will be sites available to file use permit applications to look for a permanent location for the bank.  The bank does not want to stay in this trailer for three years.  The intent is to go into a permanent place with a drive-through as soon as they could. 

Ms. Regelin presented the exterior design of the trailer, and the floor plans of the existing gas station.  Ms. Regelin explained that they intend to use two of the three bays of the gas station for safety deposit boxes.  They will be using a very limited area of the existing gas station.  There will be standard banking hours, a 24-hour ATM, and employees can park onsite, but most will park offsite, carpool, or use public transportation.  Ms. Regelin stated that the conditions in the staff report are acceptable.  Ms. Regelin stated that, with regard to the NRI/ FCP condition, they have already received verbal approval. 

The Commission discussed reducing the timeframe of the use, pedestrian safety, access to the site, underground tanks on the site, use of public transportation, and traffic. 

Commissioner Ostell suggested adding a condition that the applicant continue to work with the SHA to improve pedestrian safety.

Commissioner Hill said he was very reluctant to think about putting temporary trailers so visibly in the Town Center.  He said he would be willing, in these circumstances, to stretch the Commission’s latitude, because he is sensitive to the fact that this is a well-established business in town; it really has a hard circumstance that the applicant wants to get something else to them in the interim and that seems to be a worthwhile trade-off in the public interest.  He said he would like to state a personal opinion as a Commissioner, which is the importance that this is an existing business.  He said, while he will not prejudge circumstances of an actual application before the Commission, he looks dimly on seeing a new business come in and ask for this use. 

Commissioner Johnson stated that he agrees with Commissioner Hill.  He said the circumstances of this situation make it a little more palatable and he would support a three-year temporary use on the site. 

Commissioner Britton noted that the temporary trailer would vastly improve the site as it is now.           

Commissioner Britton moved, seconded by Commissioner Ostell to approve Use Permit Amendment USA1965-0118B, Nancy P. Regelin for Rockville Town Center LLC, per staff recommendations, with the addition of a Forestry conditions to provide an NRI and FCP to ensure that the trailer does not disturb the significant trees in the back of the property, and a condition stating “That the applicant negotiate with the SHA to improve pedestrian access and safety at the intersection of Hungerford Drive and Beall Avenue.”  The motion passed on a vote of 6-0.  Commissioner Wiener was absent. 

RECOMMENDATION TO BOARD OF APPEALS

Special Exception SPX2007-00368 and Zoning Variance Appeal Application, APP2007-00884 - Montgomery College - for the construction of a Science classroom building, relocation of outdoor tennis courts, construct new surface parking, and retain a modular office building at the Rockville Campus of Montgomery College in the R-S Zone at 51 Mannakee Street. Applicant also requests a variance of 40 feet from the height limit of 40 feet to construct the Science Building.

Mr. Chasten presented an overview of the staff report.  Mr. Chasten stated that the Rockville campus of Montgomery College is approximately 85 acres in size and is located at the northwest corner of Hungerford Drive (MD 355) and Mannakee Street.  The property is zoned for R-S (Suburban Residential) land usage and is located in Planning Area 5 as designated by the City’s Master Plan, i.e., the Woodley Gardens and College Gardens’ residential neighborhoods.  The college is bounded to the north, south, and commercial, office, and other institutional land uses.  The properties located to the east of the college along MD 355 are zoned and developed for general commercial and service industrial use.

Mr. Chasten stated that the applicant seeks special exception approval to expand and improve the subject campus in the following manner: a) to construct a new science building facility; b) to relocate and reconstruct outdoor tennis courts; c) to construct new surface parking facilities; and d) to retain use of a recently installed modular building structure, which is used as office and administrative support space.  The proposed new science building as designed is approximately 75 feet in height, thus exceeding the 40-foot height limit of the R-S Zone by approximately 35 feet. 

The Commission discussed concerns regarding parking and handicapped parking, whether this is the best site for the use, and the modular units on the site.

David Capp, Chief Facilities Officer with Montgomery College, presented the applicant’s request.  He noted that the College is in need of eleven offices for they are out of space for new professors.  He stated that the college’s goal is to remove the modulars from the property in five years. 

Commissioner Hill asked Mr. Capp if he would be adverse to a condition requiring the modular units to be removed from the campus within five years.  Mr. Capp replied that he would take it back to the trustees. 

The Commission further discussed concerns and questions regarding 1) the modular building should be temporary, not become a permanent structure and removed when new permanent building facility space becomes available; 2) proposed site improvements and their impact on campus pedestrian circulation patterns; 3) proximity of campus building facilities to existing and proposed new parking facilities; 4) size and location of the proposed new rooftop observatory that would be located on the new science building addition; and, 5) staff recommendation that the applicant construct a shared bike/pedestrian path along the length of the campus’s Mannakee Street frontage in the public right-of-way, which is not owned by the college.   
 
Dr. Judy Ackerman, Vice President and Provost of the Rockville campus, spoke about the need for the new rooftop observatory to be located on the proposed science building addition, noting that the school’s existing observatory, which is located on the roof of a neighboring campus building, is only accessible via interior stairs that lead to the building’s roof.  Thus, persons with physical disabilities, who are unable to walk, cannot access the existing observatory.  Hence, the new observatory and the new science building addition on which it will be located will be designed in accordance with requirements of the Americans with Disabilities Act (ADA), ensuring full access regardless of physical disability.  

Commissioner Hill moved, seconded by Commissioner Tyner to recommend approval of Special Exception SPX2007-00368 to the Board of Appeals per staff recommendations, to offer a recommendation that the Board of Appeals consider the detail along with staff input on Condition 5 and what its final form is regarding the requirements imposed on the applicant regarding a shared use path, and to add Condition 8, which would impose a limit of 5 years on this special exception approval for the modular structures on site with the possibility of having an extension.  The motion passed on a vote of 6-0.  Commissioner Wiener was absent.

Commissioner Tyner moved, seconded by Commissioner Hill, to recommend approval of Zoning Variance Appeal Application, APP2007-00884 to the Board of Appeals per staff recommendations.  Commissioner Ostell stated that she does have a little discomfort about the glitch in the notification to the neighborhood.  She informed those residents listening that there is another chance to discuss these applications at the Board of Appeals meeting in September 2007. 

The motion passed on a vote of 6-0.  Commissioner Wiener was absent.

COMMISSION ITEMS

New Business

Commissioner Hill questioned whether there is any discussion going forward about how RORZOR recommendations would be paced and delivered to the Commission for the next step in the process.  Mr. Wasilak stated that once the draft is completed, it will go to the Mayor and Council for authorization to file and once the Mayor and Council authorizes the draft, it would be submitted to the Commission.  Mr. Wasilak stated that staff was anticipating a minimum of three meetings to consider the Zoning Ordinance. 

Commissioner Hill asked that the Twinbrook Neighborhood Master Plan consideration be separated from the RORZOR consideration because he believes that would place an undue burden on the public.      

Chief of Planning Report

Mr. Wasilak stated that the next meeting is scheduled for September 12, 2007.  Mr. Wasilak discussed upcoming applications.

Mr. Wasilak informed the Planning Commission that the main City Hall entrance would be locked for some time because of the construction of a new ramp.  

The Commission and staff discussed the Moratorium. 

Mr. Wasilak discussed a retreat for the Commissioners.  The date was scheduled for after Labor Day.  Mr. Wasilak asked for comments on whether the Commission would prefer an evening session or a Saturday session. 

Mr. Wasilak said he would be emailing some suggested topics to the Commissioners such as reviewing roles and responsibilities and procedures.  Mr. Paul Glasgow, City Attorney, explained the procedures.   

ADJOURN

After further discussion, the meeting adjourned at 10:08 p.m.