Ms. Hall announced that Items C, D, and E have been removed from the agenda. 
      
REVIEW AND ACTION

Final Record Plat PLT2007-00485, Michael Maddox – to record an existing deeded lot of 2 acres as Lot 38, Block A, Fallsbend, in the R-150 Zone at 8305 Hectic Hill Lane.

Ms. Hall presented the staff report.  Ms. Hall stated that the property is located near the northwest corner of Great Falls Road and Wootton Parkway.  Ms. Hall stated that Hectic Hill Lane is a private street and at one time, it appears that one family owned the property along the street.  This property does not front on a public street.  This lot is a deeded lot, approximately two acres, which was recently purchased.  The new owner is contemplating tearing down the house to build a new house.  Ms. Hall stated that it is a good idea that the property be recorded.  It technically does not meet the definition of subdivision in that there is no assemblage or division of land; the owners are just recording what they have purchased.                 

Commissioner Hill questioned whether Hectic Hill Lane would ever become a public street at some point.  Ms. Hall replied that the street is not wide enough to become a public street.  She noted that it does provide a buffer from the driveways of the properties onto Wootton Parkway, very close to Great Falls Road.  She said the street functions almost as a service drive.  There are six properties along there and they are the only properties that would have the need to use it. 

In response to Commissioner Hill, Ms. Hall stated that the reason why there is a piece of the City missing on Hectic Hill, is that those properties did not want to annex into the City.   

The Commission discussed concerns about maintaining Hectic Hill Lane, water and sewer, fire and safety access issues, and Historic District Commission’s interest in the existing home on the subject property. 

Tom Maddox, professional surveyor, presented the applicant’s request. 

Commissioner Tyner moved, seconded by Commissioner Wiener to approve Final Record Plat PLT2007-00485, Michael Maddox to record an existing deeded lot.  Commissioner Hill recommended an amendment to the motion to include approval of a variance from the requirement that the lot front on a public street.  Commissioner Tyner accepted the amendment to the motion.  The motion passed on a vote of 6-0.  Commissioner Britton was absent.   

Final Record Plat PLT2007-00480, Meridian Surveys, Inc. – to consolidate existing deeded lots into a single record lot of 29.74 acres in the R-60 Zone at 250 Richard Montgomery Drive (Richard Montgomery High School).

Mr. Chasten presented the staff report.  Mr. Chasten stated that the new school is nearly completed and is scheduled to open in January 2008.  He noted that this is one of the conditions of approval of the use permit.  The applicant proposes to consolidate the site’s deeded parcels into a single record lot. 

In response to Commissioner Hill regarding confusing land ownership around the corner of Fleet Street and Mt. Vernon Place, Mr. Chasten explained that the overall platting of the property would correct any of those discrepancies as shown in the exhibits attached to the staff report.  He said that this plat has been reviewed by staff.  In fact, staff met with the surveyor a few weeks ago and much of the plat is complete with the exception of a few noted issues and concerns.       

In response to Commissioner Tyner regarding the stub remainder on Mt. Vernon Place, Mr. Chasten explained that it has been abandoned.  Commissioner Tyner asked who owns the piece of land.  Mr. Chasten replied that he did not know. 

Ms. Block explained that if it is established that the property originally came from adjacent lots then that is where it would go.  She really does not know that acceptance of the property is involved. 

In response to Commissioner Johnson, Ms. Block explained that the Planning Commission has been delegated authority to approve plats.  Plats must comply with various criteria and standards in the Zoning Ordinance.   

Commissioner Hill inquired about the driveway for the old school because it has not been included on the plat.  Mr. Chasten replied that Richard Montgomery Drive is not shown as a public right-of-way.  He said he is assuming that portion has been abandoned.   

Commissioner Hill questioned staff if there were any public safety issue that might warrant access out to that street from this parcel because, there is no access along the south and southeast sides of the property.  Mr. Chasten replied that, based on the layout of the new school campus, he said he does not see any safety issue. 

Bill Orsinger, professional surveyor, presented the request.  He explained what he knew about Jefferson Street and Richard Montgomery Drive.  He said the State statute, depending on previous ownership, allows those adjoining owners to own the stub at Mt. Vernon Place, formerly Jefferson Street, unless it has been conveyed by fee simple.  In fact, they have owned it all along. 

In response to Commissioner Tyner, Mr. Orsinger explained that the stub of Richard Montgomery Drive, part of lot 12 and part of lot 1 has not been abandoned; it is still dedicated to the City.  The stub of Jefferson Street is abandoned. 

Commissioner Ostell commented that it looks as though the Richard Montgomery Drive stub is located between the two ball fields.  She asked if the school was intending to fence that off.  Mr. Orsinger replied that the school would fence that off. 

In response to the Commission, Mr. Orsinger explained that the old Richard Montgomery driveway stub located at the back of the school belongs to somebody.  He explained that, previously, the way that the school was laid out, it was an entrance coming into the school; it was a through road.  Mr. Orsinger explained that the last person who owned that stub was a farmer who subdivided the property, who no longer has property ownership.  Commissioner Hill stated that he assumes that it would split and go to the adjoining property owners.  Ms. Block stated that if there were lots to either side of the stub, it would go to owners on either side of the road.     

In response to questions from the Commission regarding the ownership of the stub, Mr. Wasilak explained that the plat was created when the Hungerford subdivision was platted and created Mt. Vernon Place, and that stub was dedicated to the City at that time.   

Commissioner Hill questioned staff if it would create a hardship, if the Commission deferred this application for two weeks.  Mr. Chasten explained that the school is scheduled to be completed and they were hoping to get this plat recorded as soon as possible. 

Commissioner Ostell asked staff if it was important if part of this road be given to somebody.  Mr. Wasilak replied that the stub is a dedicated right-of-way and it is not being abandoned.  Mr. Orsinger explained that the homeowners would have to submit an abandonment application for this stub.  Mr. Wasilak stated that the City has filed an abandonment application on behalf of the property owners for the abandonment of this stub.  It has not been processed yet, because the owners are uncertain as to whether they want the property.  The condition of the abandoned right-of-way would be worked out through the abandonment process. 

Ms. Block explained the abandonment process.  Ms. Block stated that if the driveway were to be abandoned, it would be abandoned to the adjoining property owners.   

Mr. Chasten stated that the Department of Public Works is in negotiations with the property owners regarding the abandonment. 

Commissioner Tyner requested that a definitive note come back to the Planning Commission in the next Chief of Planning report regarding this driveway stub.

Commissioner Ostell asked that it would be extremely unfair if financial burden were to be placed on those property owners living on either side of that stub. 

The following citizen testified:

A resident at 301 Mt. Vernon Place testified that he is one of the property owners who would be affected by the abandonment.  He explained that the old driveway is the only access he has to his property.  He said he has always used that driveway to access his property.  They are trying to see if half of that driveway could be given to them to access his property.   

Commissioner Hill moved, seconded by Commissioner Ostell, to approve Final Record Plat PLT2007-00480, Meridian Surveys, Inc.   The motion passed on a 6-0 vote.  Commissioner Britton was absent.  

Comprehensive Planned Development Detailed Application CPD2007-002AM, King Farm Associates – for the construction of a 262,717 square foot, eight story office building, including ground floor retail, conference and fitness center space and a structured parking garage, in the O-3 Zone at the southwest corner of King Farm Boulevard and Piccard Drive as part of the King Farm development. 

Mr. Hurlbutt presented the staff report.  Mr. Hurlbutt stated that the applicant has filed a detailed application for the eighth and final office building in King Farm, known as F-6 with related surface and structured parking.  He stated that F-6 will front on King Farm Boulevard and along Piccard Drive.  The F-6 building will also have ancillary retail on the first floor and the main entrances in the recessed area of the building façade.  The building will share a seven level, 1077 space parking garage that will be built along Piccard Drive to accommodate the office building and hotel parking.  The hotel will share the parking structure on the property once it is constructed and will have permanent use of up to 38 parking spaces at any time and will have access to an additional 48 parking spaces between 6:00 pm and 8:00 am in the F-6 parking structure.

Mr. Hurlbutt explained the background of the Concept Plan and the two amendments that were approved in the Irvington Centre section of King Farm development, which 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 senior housing complex, only 304,079 square feet remain available from the original 3.1 million square feet for office space.       

Mr. Hurlbutt stated that the eight-story, F-6 office building will have 241,428 square feet of office space, 6,605 square feet of restaurant space on the first floor and 8,478 square feet of conference/fitness space.  This building will total 262,717 square feet of the allowed 1,745,000 square feet of office space, which will leave 101,362 square feet of office space not used in the King Farm development.

 Mr. Hurlbutt stated that the architecture will be of the same design palette as the already approved and completed buildings in the Irvington Centre section of King Farm.  The eight-story building would be recessed into the ground.     

Mr. Hurlbutt highlighted a few of the conditions.  Staff has asked that the mid block crosswalk on Piccard Drive be removed from the plan.  In addition, there will be changes to the plant list and the right-in/right-out to prevent vehicles turning left into the parking structure from blocking Piccard Drive.  In addition, a Release and Extinguishment of the storm drain easement for the existing drainage pipe shall be submitted to the City for Mayor and Council approval.   

The Commission discussed concerns and questions regarding whether banquets and conventions were considered in the sharing of daytime parking spaces, deletion of the crosswalk to be safer and reduce the number of pedestrian conflicts, landscaping, safety issues with overflow parking during construction, and a correction in the staff report stating that the building would have a seven-level parking structure with four above-grade levels.  The corrected number is – three above-grade levels.    

Mr. Wasilak explained the parking requirement for shared parking.   

In response to Commissioner Ostell, Mr. Hurlbutt said the applicant wanted the crosswalk. 

Commissioner Hill asked staff if it was possible to reduce the amount of the pedestrian plaza and then reduce the height of the building, but keeping the same floor area in the building.  He asked if the same pedestrian plaza should go on the front of the building, not the back of the building in order to make it pedestrian friendly.  Mr. Hurlbutt explained that, from a planning theory standpoint, there should be a common street wall on the street and the building should be on the street so pedestrians believe they could get to them.  Also, the plaza in the back of the building would provide outdoor seating for the restaurant as well as for the underground parking garage.  Commissioner Tyner stated that the plaza is really an amenity for the F-6 building, not so much a public thoroughfare.   

Barbara Sears, Attorney, presented the applicant’s request.  Ms. Sears discussed and answered questions from the Commission regarding hotel use and Condition 1a regarding the removal of mid-block crosswalks on Piccard Drive.  She noted that all the other conditions are fine.  Ms. Sears explained that this is a limited service hotel; there is very little space for conventions, conferences, etc.  The restaurant will not be full service.  There is excess parking in the office building, and when everything has been built out and meeting the parking standards, there will be excess parking.  So, parking has not been an issue for the office buildings. 

Ms. Sears stated that the applicant disagreed with staff over the mid-block crosswalks.  She said it is very similar to others in King Farm and King Farm is premised on pedestrian walkability and traffic calming throughout the roads.  They restructured Redland Boulevard and many of the roads that were in existence so they could put medians in and slow the traffic, and have parking on both sides the roads.  There will be parallel parking on both sides as well as a median in the road.  They feel that this would be done at the applicant’s expense and it should be done now rather than later.  Ms. Sears explained that they experience a number of people walking from the F-3 building now to the garage.  So, in keeping with the community, the crosswalk makes a lot of sense.   

The Commission further discussed concerns regarding the crosswalk, signalization (Tim McDonald, King Farm Associates explained signalization), traffic issues on Piccard Drive, public art, shared parking lot hours, and the number of bike lockers on the site.

Mr. Saleh explained that the City does not encourage mid-block crosswalks in this area.  He explained that there is not much traffic at the mid-block of Piccard Drive.  He also explained that there are two signalized intersections, with one at King Farm Boulevard and Piccard Drive, which is a four-way stop, and the other at Redland Boulevard and Piccard Drive.  Both intersections have crosswalks.  These crosswalks are about 260 feet from the mid-block.  Mr. Saleh stated that Transportation staff has analyzed the F-6 office building and they have determined that users would use the intersection of King Farm Boulevard and Piccard Drive crosswalks.  After further analysis of the office buildings and intersections to determine where the pedestrians would cross, staff has decided the crosswalk should be removed.

The Commission discussed whether the condition should remain for safety reasons or wait until the mid-block warrants a crosswalk.      

Commissioner Johnson stated that he is concerned when people are being essentially told this is a safe place to walk at the same place cars are coming in and out of the garage as well as the cars driving up and down Piccard Drive.   He asked if any of the Commissioners are concerned about this conflict. 

Other Commissioners recommended putting a stop sign at the exit of the garages, and other pedestrian warnings near the street.  The Commission summed up that it appears that people would cross at that location, anyway. 

Ms. Block discussed ways to word a condition to include in the motion.
 
Commissioner Tyner moved, seconded by Commissioner Ostell, for approval of Comprehensive Planned Development Detailed Application CPD2007-002AM, King Farm Associates per staff recommendations to include Conditions 2 through 20 with Condition 1a changed to say the applicant would fund any needed traffic mitigation at the Piccard crosswalks as warranted in the future.  The motion passed on a vote of 6-0.  Commissioner Britton was absent.

Final Record Plat PLT2007-00486, King Farm Associates – to record a single record lot of 3.1416 acres as Parcel BQ, Block S, Irvington Center at King Farm, in the O-3 Zone related to Detailed Application CPD2007-002AM.

Mr. Hurlbutt presented the staff report.  The plat proposed to create one lot within the King Farm Irvington Centre development from a larger lot and all adjacent lots have been platted. 

Commissioner Tyner moved, seconded by Commissioner Medearis, to approve Final Record Plat PLT2007-00486, King Farm Associates per staff recommendations.  The motion passed on a 6-0 vote.  Commissioner Britton was absent. 

RECOMMENDATION TO BOARD OF APPEALS

Variance Application APP2007-00880, Washington Property Company – for variances of 41 feet and 25 feet from the maximum height limit in the I-3 Zone in order to construct a five-story office building and parking structure at 4 Research Place. 

Mr. Chasten presented the staff report.  Mr. Chasten stated that the applicant seeks the following zoning variances from the 35 foot height limit restriction of the I-3 (Industrial Park) Zone:  a) a variance of 41 feet in order to construct a five-story office building, 76 feet in height, and b) a variance of 25 feet from the height limit restriction in order to construct a ten level parking structure that would be 60 feet in height.  The applicant plans to construct the office building and parking structure on the existing 4 Research Place property.

The properties are located in the Washington National Pike Industrial Park and are identified as Part of Lot 2 and Lot 3, Block A.  The property located at 4 Research Place, identified as Lot 2, is approximately 5.4 acres in size.  The property located at 5 Research Place, Lot 3, is approximately 4.4 acres.  The property located at 4 Research Place is located at the northeast terminus of Research Place, approximately 500 feet east of Research Boulevard.  The property at 5 Research Place has street frontage on three streets, Research Place, Research Boulevard and Research Court. 

The property at 4 Research Place is improved with a three-story building, 68,100 square feet in size and accompanying on-site surface parking facilities comprising 289 parking spaces.  Vehicular access to the property is provided via two site entrances onto Research Place.  The 5 Research Place property is improved with a one-story office building and as per the plans submitted with the subject variance request, is approximately 58,573 square feet in size.  The site has surface parking comprising 183 parking spaces and has singular vehicular entrances on Research Place and Research Court.  The properties (Lots 2 and 3) are bounded on the west, northwest, and south primarily by office related land uses, and to the east by Interstate Highway 270. 

The Commission raised a number of concerns and questions regarding the total number of parking spaces being displaced by the planned site development; the amount of impervious surface being removed and being created by the planned office building and parking structure: lack of traffic and transportation analysis for the planned site development; height, scale, and mass of the planned site development compared with that of neighboring I-3 land uses; the projected cost estimate for removal of existing parking facilities, as supplied by the applicant, in order to implement planned site improvements; building height in the I-3 zone and the Zoning Ordinance methodology regarding building heights and how it is determined for the I-3 Zone; and the existing and proposed floor area ratio of the subject properties.

Bob Dalrymple, Attorney representing the applicant explained the height issue.  He said they were trying to go with the Master Plan goals.  Commissioner Hill and Mr. Dalrymple discussed the height, environment, and transportation.  Mr. Dalrymple explained that the $2.5M includes replacing the parking spaces, as well as adding 20% greenspace to the site. 

Charlie Nelson with Washington Property Company addressed some of the Commission’s concerns. 

The Commission had further concerns with the applicant’s interpretation and representation of the City’s Master Plan’s references pertaining to “building heights and setbacks” for properties located in Planning Area 15 (Research/Piccard/King Farm/Fallsgrove). 

Heather Dlhopolsky, Attorney presented the applicant’s request and answered questions regarding F.A.R.  She pointed out that the City’s Master Plan  provides the main motivations in submitting this application.  They are asking for five stories and the average height on I-270 is over 4 stories.  Ms. Dlhopolsky stated that the applicant accepts staff’s recommendations. 

Commissioner Hill said he would like to hear from the applicant as to where in the Master Plan it states maximum density.  Ms. Dlhopolsky replied that pages 12 and 15 discuss the maximum density.  She discussed the master plan goals regarding building height. 

On a motion by Commissioner Hill, which was duly seconded by Commissioner Wiener, the Commission voted unanimously to recommend to the Board of Appeals that APP2007-00880 not be approved, because the variances as requested are not based on “conditions peculiar to the subject property,” which is a key/principal finding required in the granting of a zoning variance.  Commissioner Tyner stated that, although the site is difficult and the proposal is not inconsistent with the Master Plan, the application did not have enough merit to be approved.  Commissioner Johnson agreed, that the application did not meet the variance criteria.  Commissioner Hill expressed concern that the proposal approached urban density in this location.  The motion passed on a 6-0 vote.  Commissioner Britton was absent. 

After the motion, the Commission further discussed the application.  Commissioners Johnson, Tyner and Medearis all noted that, while the development proposal had merit, they along with Commissioners Hill, Ostell, and Wiener noted that the requested variances were not based on “conditions peculiar to the property,” and as such should not be granted.  There was also substantive Commission dialogue as to whether the requested variances were consistent with the Master Plan discussion of the I-3 Zone and development appropriate and envisioned within the subject site area. 

COMMISSION ITEMS

Chief of Planning Report

Mr. Wasilak reported on the Commission’s next meeting agenda for October 10, 2007 and that it will be a public hearing night for the Twinbrook Neighborhood Plan as well as November 14, 2007. 

Mr. Wasilak stated that there will probably be other action items on the agenda for October 10th.  He said he would like to schedule the public hearing first because there will be quite a bit of public comment for that item.  The Duball project will also be on the agenda and that, too, will have a lot of public comment involved. 
Commissioner Johnson raised the subject of time allotted to people who are speaking on behalf of organizations when speaking before the Commission.  He said he would like to allocate five minutes to the spokespersons for the organizations they represent. 

Mr. Wasilak discussed potential dates for the Commission’s retreat.  He asked the Commission for a selected timeframe to have the retreat.  He said he would send an email to the Commissioners with some dates and place. 

The Commission discussed concerns regarding the moratorium and a six-month extension, which would expire June 30, 2008.  The Commission discussed the applications that would be affected.  

Mr. Wasilak reported that staff has begun the process with the consultants on the Rockville Pike Plan.  They had a kick-off meeting with the staff team and the consultant team, and took a tour of Rockville Pike and had lunch.  There will be a public meeting for that process in early December 2007.   

Commissioner Tyner ask to have an update of Ann Wallas’ Twinbrook Neighborhood Plan check off list of all public comments regarding the Plan.  He asked if the list could be included in their packets prior to the public hearing.    

Commissioner Wiener questioned what was going on with Stonestreet.  Mr. Wasilak explained that that question would be answered by the new Zoning Ordinance; there are some new zones being proposed.  Mr. Wasilak noted that it would make sense to have some outreach, not only to the Stonestreet Task Force, but with the adjacent neighborhoods.

Mr. Wasilak reported that he just learned through the Planning Board that there is going to be a Public Hearing on the Twinbrook Sector Plan at Park and Planning on November 15, 2007. 

Minutes

Commissioner Ostell moved, seconded by Commissioner Wiener, approval of the minutes of Meeting No 12-07 as amended.  The motion passed on a 5-0-1 vote.  Commissioner Hill abstained. 

Commissioner Hill asked to defer the minutes of Meeting Nos. 13 and 14 for further review.  The Commission agreed.  

FYI

Mr. Wasilak mentioned the letter received from Twinbrook Neighborhood Plan Advisory Group in the Commissioners’ brief books.  

ADJOURN

After further discussion, the meeting adjourned at 9:52 p.m.