WORKSESSION – 5:45 pm (not televised)

Rockville Pike Plan Update:  Interview with Plan consultants, ACP Visioning and Planning.

Mr. Wasilak presented the introduction of the consultant team to the Commission. 

Mr. Levy began the interview process.  Mr. Levy stated that the principal is Gianni Longo, who is not present this evening.  He will be making a presentation to the Planning Commission at a later date.  Mr. Levy mentioned the December 5 kick-off meeting at the Ramada Inn on Rockville Pike.   

Mr. Levy stated that this is an eighteen-month process; the target is to have an approved document in May 2009. 

Mr. Levy introduced Ms. Bayonet as a seven-year veteran of Long Range Planning with the City. 

The consultants discussed and explained that the philosophy about working with communities is to try to look at and discern from the residents in the communities what ideas, thoughts, and issues they bring to the table and get their initial reactions and feelings before moving into the process of looking at the more technical side of how the corridor functions.  The Corridor is approximately 1.5 miles long and they will have to study the area within boundaries.  The kick-off meeting involves the public and some exercises to get their ideas, sort out those ideas, and get a feeling for what direction they want the corridor to go.  There will be a two-step process such as outreach to get the word out to the public and that will take about a year and a half to get through to the public.  There will be a major public event this summer, a charrette, which is a very useful tool of the process to get to what people see in a more transparent way of design and developing the corridor.  One of the more important matters is the involvement of the neighborhoods that are adjacent to the corridor.  Another concern is the relationship with the adjacent neighborhoods as well as the broader community on how to use the corridor on a daily basis.  The consultant team’s goal is to convince people who usually do not attend meetings to come to these meetings.  It was noted that the communities are becoming more diverse and are less inclined to be involved in a public process. 

The consultants asked for the Commissioners’ thoughts and opinions about the corridor.

The Commission discussed concerns and thoughts:  The Pike is a tremendous retail strip and it should not be destroyed during the process of making change; the SHA believes that the Pike is a thoroughfare to move people and vehicles he feels that comes directly in conflict with the desires of the people in the City; coming in at the top of Rockville Pike from Town Center or from Montrose Road, the Pike services and activities cannot easily be reached by pedestrian access and this should be resolved in a substantial way; the Pike is a State road and designed to move cars, in large volumes, at significant speed, which puts serious constraint on the ability to have types of mixed use that would require crossing the road; trying to integrate both sides of the Pike would be a problem; could the City partner with SHA to change the Pike to a more pedestrian-friendly thoroughfare, or could the City take back the road from the State; one of the City’s goals should be more controlled pedestrian crosswalks; limiting rail transport of hazardous materials before massive mixed-use development takes place on the Rockville Pike side of the railroad; and the City may not be ready for tall buildings on the Pike.          

GENERAL SESSION – 7:05 pm (televised)
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Chair Johnson congratulated John Britton, who is also a former Commissioner, for his election to the City Council.  Chair Johnson also congratulated all the other candidates who won seats on the City Council. 

Chair Johnson, speaking for all of the Commissioners, stated that they really enjoyed and appreciated Mr. Britton for his invaluable service on the Planning Commission. 

REVIEW AND ACTION

Final Record Plat PLT2007-00488, Montgomery County Public Schools – for the recordation of the College Gardens Elementary School property as a 7.94-acre lot in the R-90 Zone at 1700 Yale Place.

Ms. Walters presented the staff report.  Ms. Walters stated that this plat is intended to record the subject property as a single record lot.  This property has existed for some time and is in accordance with the approvals of Use Permit USE2006-00695 and Special Exception SPX2005-00362.   

Commissioner Hill inquired whether there was an agreement regarding the playing field between the school property and the City Park regarding use of land.  Ms. Walters replied that the applicant was not present this evening and she was unaware of an agreement between the two parties.   

Commissioner Tyner moved, seconded by Commissioner Wiener, to approve Final Record Plat PLT2007-00488 per staff recommendations.  The motion passed unanimously.   

PUBLIC HEARING

Twinbrook Neighborhood Plan – for a neighborhood plan for Planning Areas 7, Twinbrook Forest/Northeast Rockville, and Planning Area 8, Twinbrook.

Ms. Wallas presented an overview of the October 10 public hearing and discussed public outreach to residential and business owners, and two worksessions scheduled for November 28 and December 12. 

Ms. Wallas stated that staff has invited Rick Kleponis and Jeremy Kline from the firm of WGN Architects to be on hand in case there are any questions. 

Ms. Wallas discussed a possible date for the closure of the public record.  January 16th was suggested because it is a period of time after the public hearings and after the worksessions, which would still allow for the submission of written testimony. 

Commissioner Hill stated that he would like to ask people in the audience whether they disagree with the vision of the plan.  Commissioner Hill also inquired whether the Plan was too flawed to continue, or is there enough good in the Plan to work more heavily on the Plan to reach a conclusion.  He said he was interested in the public’s statement on these questions.

The following citizens testified:

1.  Barbara Sears, Attorney, presented an overview of the potential AvalonBay development.  Ms. Sears presented a proposed development plan for the property.  She explained that the property consists of 4 acres and is bounded by Ardennes Avenue to the west, Halpine Road to the north and Twinbrook Parkway to the east.  AvalonBay wishes to construct a high-quality residential apartment community of 240 apartment homes on the property.  Ms. Sears said that FDA would vacate the property in May 2009 when their lease expires.  They feel that there is an interesting mix of land uses surrounding the site that influence this site.  Ms. Sears recommended that this would be an excellent site for multi-family residential use, such as what AvalonBay produces.  She said the draft Plan currently recommends Mixed Use Industrial.  Ms. Sears pointed out that the Commission should consider changing the recommendation in the draft Plan.

John Cox, Senior Vice President with AvalonBay presented an overview of the site and plans for redevelopment.  Mr. Cox stated that they have been discussing the project with the neighborhood over the past couple of months.  In response to comments from the neighborhood, they have made some changes to the project such as reorientation of the pool on the southside of the property, turning the U-shaped building to the south, eliminating a day care center in that corner, making it a green space and eliminating another curb-cut on Ardennes Avenue and making that continuous green space down the entire Halpine Road frontage.   
Discussion followed regarding traffic circulation patterns surrounding the site.

After the presentation, Commissioner Tyner requested that AvalonBay submit additional information regarding the project’s impact on traffic circulation on Ardennes Avenue.     

2.  Joe McClane, President, Cambridge Walk II HOA and Chair of Twinbrook Neighborhood Plan Advisory Group, (TNPAG) testified that the Commission should have received a letter from the Advisory Group about a month ago detailing its reaction to the Plan.  The letter explains why they are so proud of the Plan they have submitted. 

Mr. McClane stated that Twinbrook is a diverse community and it is difficult to arrive at complete consensus in a community of over 10,000 people.  They have tried to ensure that the Plan meets the needs of all the neighbors, both old timers and newest residents.  Mr. McClane noted their advisory group reflects the wider community, and they have based their Plan on the feedback received from this wider community.  He noted that that has been a bone of contention because their community is so large and diverse.  He said they are also aware that Twinbrook is composed of not only single-family homes, but also townhomes, apartments, businesses, schools, churches and public lands.  Families with young children were particularly concerned and their needs for a family friendly neighborhood are well represented in the Plan. 

Mr. McClane said that, based on their advisory group discussions, he concludes that the average Twinbrook resident also agrees with the majority of the neighborhood and supports this Plan.  Increasing traffic and development were a frequently voiced concern that was heard.  Most of their neighbors recognize that the status quo has led and would only lead to more traffic and development.  At the recent city elections, the majority of residents want positive, forward-looking action.  Mr. McClane urged the Commission to push this Plan forward. 

Commissioner Wiener inquired how many members of the Twinbrook Citizens Association were prior members of TNPAG.  Mr. McClane replied that he was not sure because some people who were TCA members at the beginning and dropped out.  He asked Commissioner Tyner what he thought.  Commissioner Tyner stated that he believes seven were prior members of TNPAG.

3 & 4.  Robert and Phyllis Taylor, 5946 Halpine Road.  The Taylors testified that their primary concern is the specific reference to their property.  They requested that the reference to their property be removed from the draft Plan.  The single-family house zoned R-60 is grandfathered into the neighborhood based on its use as a commercial business for many years.  The arbitrary and vague recommendation in draft Plan is incorrect, and would hinder their livelihood.  The property does contain viable residence.

5.  Richard Gottfried testified that the City should budget $1.5 million for the following improvements: 

• Increase the size of the Twinbrook Community Center
• Partner with Twinbrook Swimming Pool and build an outdoor pool.
• Build a community center on the Taylor property for youth and seniors
• Partner with Montgomery County to increase the Twinbrook Library.

Implement a ten-year moratorium on all future development of the Veirs Mill Road commercial area, Burgundy Estates Shopping Center and Lewis Avenue industrial area. 

Improve areas now by:

• Implementing one-way driving directions for Veirs Mill Road shopping centers.  Repaint parking spaces.
• Obtain a Bank.
• Build satellite Police Station and/or Fire Station, if necessary.
• Obtain satellite medical facility.
• Build road/pedestrian bridge connecting Thompson Avenue to Wicomico Street over the Metro tracks.
• Build trolley in middle of Veirs Mill Road instead of the bus lane plan.
• Improve Halpine Road, Ardennes Avenue and Twinbrook Parkway now.
• Build bus stops.

Partner with Montgomery County to charge developers for infrastructure. 

The Commission discussed concerns regarding the recommendations, such as:  a 10-year moratorium, and cleaning up the infrastructure of the community.

6.  Bill Neil, Land Use Chair of Twinbrook Citizens Association, testified about his concerns regarding mixed-use as a fad; gentrification: new construction leading to higher rents, driving out local businesses; timing due to the real estate market; and waiting to see how the market moves before rezoning additional areas.

7.  Jackie Kubin, 13303 Ardennes Avenue testified that there are many residents in Twinbrook who have no idea this is happening right now.  Ms. Kubin suggested that staff and the Commission give more of a push to this Plan. 

Ms. Kubin stated that her personal feelings on AvalonBay are that the community needs to think about it.  She noted that she was not happy about mixed-use industrial or light industrial zoning.  She said the community does not need it; there is enough going on the other side of Twinbrook Parkway for that type of zoning. 

Ms. Kubin stated that something has to be done about the shopping centers on Veirs Mill Road.  She pointed out that if the City truly wants Twinbrook to become one of those wonderful places where people are going to go and do things, then light professional offices are needed.  The community needs pediatricians and lawyers.  The community needs people who are going to offer the services for homeowners.  There is really nothing in the shopping centers now that attracts the community.  She prefers to shop on Rockville Pike because it is easier to get in and out of the shops.  She said she does not like shopping on Viers Mill Road because it is very uncomfortable place to access.  

8.  Linda Bozzonetti testified that she was on the TNPAG.  Ms. Bozzonetti testified that someone who lives in Twinbrook and wants to stay in Twinbrook sometimes needs to make an addition or some other type of improvement to their home.  These houses are all Levitt houses and were designed to be expanded.  Ms. Bozzonetti stated that the community wants to keep the neighborhood character.  That is what it is all about.  They want to make it a better neighborhood for all of them and they want to attract new people.  Ms. Bozzonetti pointed out that several years ago, the Washington Post called Twinbrook the last affordable neighborhood in Montgomery County.  It was featured in the “Where We live” column.  The neighborhood was built right after World War II for the veterans and it has maintained its starter home character, but they still have many people who came and stayed. 

Ms. Bozzonetti noted that twelve years ago, she and her family moved into their house and thought they would stay there for five years.  They are still there; she likes her neighbors and the proximity to downtown Rockville, I-270 and everything else.  She said she does not want to see Viers Mill Road overdeveloped.  She does not want to have another Rockville Pike.  

9.  Kevin Kane testified that he serves as general counsel to the Twinbrook Shopping Center Joint Venture and that is the group of stores at the 2000 block of Veirs Mill Road.  Mr. Kane stated that they are announcing their presence late in the game.  Mr. Kane stated that they are very concerned with the changes that are proposed and they will be addressing them in detail in the very near future in writing to the Commission and staff. 

10.  Christina Ginsberg commented that the TCA has to work within its administrative structure.  They will have another executive committee meeting on November 27 and at that time, they would have some comments that the executive committee will vote on and submit to the Commission and staff.  Ms. Ginsberg stated that she has no comments at this time.     

11. Karl Harger, 1024 Paul Drive, testified that new luxury condos would impact traffic on Veirs Mill Road.  He said that the costs from redevelopment affect the residents, too.  Mr. Harger stated that there are too many banks in Rockville now.  One thing he misses with the Town Center is the Italian restaurant called Vignola.  They had an unpleasant experience when they had to leave the Town Center.  They want to make sure that the owners who are there now and are providing good service to the community are not bullied. 

Mr. Harger stated his concern regarding mansionization.  He said he would not want to live next to somebody whose vinyl siding was extending 20 feet in the air above his bedroom window. 

Mr. Harger pointed out that the payday loan stores in Twinbrook are inappropriate for the people who live in the community. 

Commissioner Hill asked staff and the consultants about some of the community wanting to limit mixed-use development for the commercial part of Viers Mill Road.  Staff replied that the latest recommendations for the shopping centers are a key component of this Plan, and they expect once they accumulate all the public input that has been received, they will be coming forward with recommendations to the Commission with various options on how to address those issues.   

12. Roberta Lamar testified that she was worried that the shopping center would be taken away from the community and there would be no more CVS or Safeway to walk to get their medication and groceries. 
The public hearing concluded and the Commission discussed the procedures for the next worksession scheduled for November 28, 2007.  

BRIEFING

Draft Zoning Ordinance – A briefing on Chapters 1-7 of the draft Ordinance.

Mr. Wasilak began the briefing by highlighting provisions in Chapters 1 of the draft Ordinance.  He said that there are various sections within the Chapter that talk about the relationships with the Master Plan and how the Ordinance applies, etc.  Mr. Wasilak stated that one important item in Chapter 1 is the discussion on Interpretation, Severability and Vested Zoning Rights.  This is the first time that Vested Rights are actually defined in the City’s Ordinance.  While State Code defines it, the City is now defining it to be very specific. 

The Commission and staff discussed the essentials of the Chapter as well as other provisions in the Chapter.

Mr. Wasilak highlighted Sections in Article 2.  This article establishes the Zoning Map for the City.  There are sections in the Article on how the Zoned Boundaries are set; how Properties are Divided Between the City and County and Zoning of Annexed Land.  Most of this is carried over from the City’s current Ordinance. 

Mr. Wasilak stated that Article 3 is a very critical part of the Ordinance because it contains the definitions.  One thing that came out of the RORZOR process is having very clear definitions, which is very helpful to staff as they interpret the Ordinance in their day-to-day use of it.  However, only definitions are included in this Chapter and not regulations, as the regulations occur in the other Articles.  Mr. Wasilak encouraged everyone to read through the Definitions. 

Commissioner Tyner asked staff to look at the Disability definition to make sure it is correct.  Other definitions were also discussed. 

Mr. Wasilak stated that Article 4 covers the approval authorities that deal with zoning regulations in Rockville ranging from Mayor and Council, Planning Commission, Board of Appeals, Historic District Commission, Sign Review Board and Chief of Planning, etc.  This important Chapter sets forth the responsibilities of these bodies or individuals, many of which were not defined in the current Ordinance. 

The Commission and staff discussed Article 4 and its changes. 

Mr. Wasilak stated that the provisions of Article 5 consist of Application and Notification procedures.  The changes in this Article are clearly stated.  This is also important because there are different types of public meetings that would be required, such as neighborhood meetings, before applications are filed. 

The Commission and staff discussed the definition of a Public Hearing and distinguishing between different types of public hearings, moratoriums, historic property nominations, notifications and signage.

Mr. Wasilak stated that Article 6 addresses procedures for Map and Text Amendments, Variances, Special Exceptions and Administrative Actions.  He stated that one thing that is different is Administrative Adjustments.  This allows administrative adjustments to be granted by the Chief of Planning only in low-density residential zones to reduce the required yard setback no more than 10% or to decrease the lot coverage and vegetative covering restrictions by no more than 10%. 

Revisions were discussed for this Article

Mr. Wasilak stated that Article 7 talks about Site and Project Plan, Special Exceptions, Nonconformity Alterations and Other Permits/Approvals.  Essentially Site and Project Plan Approval will replace Use Permits, CPDs, PRUs, RTHs and PDPs; all the special development procedures in their various mutations that have been accumulated in the City during the last 30 years will be simplified into one basic process.  Mr. Wasilak explained the process of each application. 

The Commission discussed the changes, restrictions, review procedures, temporary occupancy permits, and certificates of approval in Historic Districts.        

COMMISSION ITEMS

Chief of Planning Report

Mr. Wasilak reported that the Commission’s next meeting is scheduled for November 28.  There will be many items on the agenda, including a Zoning Briefing.  The Rockville Pike consultants will be in town and will be coming before the Commission to speak about the process.  In addition, the agenda will include the Twinbrook Neighborhood Plan worksession.  It will be a full schedule. 

The Commission discussed the upcoming agenda and possibly deferring an item from the schedule.  After discussion, Mr. Wasilak said he would defer the Rockville Pike discussion on November 28. 

Mr. Wasilak stated that in December, the meeting dates are scheduled for December 12 and 19.  Chair Johnson stated that would not be present at the December 19 meeting. 

Mr. Wasilak talked about the public hearings on the draft Zoning Ordinance in January, 2008.  Mr. Wasilak stated that staff is planning on having a public hearing on January 23, 2008    

Minutes

Commissioner Medearis moved, seconded by Commissioner Wiener to approve the minutes of Meeting No. 16-07 as amended.  The motion passed on a vote of 6-0.

ADJOURN

After further discussion, the meeting adjourned at 9:35 p.m.