Subject
title
Public Hearing on Floating Zone Map Amendment MAP2024-00120 and Project Plan PJT2024-00019, 5906 Halpine Road, a Request to Rezone the Property from R-60 (Single unit Detached Dwelling, Residential) Zone to RF-FZ (Residential Flexible-Floating Zone) and Permit Construction of 36 Two-Over-Two Stacked Condominium Residential Units; Pulte Home Company, LLC., Applicant
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Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council hold the public hearing.
Discussion
Cases: Floating Zone Map Amendment MAP2024-00120
Project Plan PJT2024-00019
Location: 5906 Halpine Road
Staff: Christopher Davis, Senior Planner
Community Planning and Development Services
240.314.8201
cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>
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Applicant: Pulte Home Company, LLC |
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Filing Date: October 23, 2023
Meeting
Date: August 5, 2024
Executive Summary
Pulte Home Company, LLC (the “Applicant”) has filed a Floating Zone Map Amendment application and a Project Plan application in order to construct a total of 36 two-over-two stacked condominium units at 5906 Halpine Road. Pursuant to Sec. 25.14.35.e of the Zoning Ordinance (the “Ordinance”), the Applicant is also seeking a waiver of the side yard setback and layback slope as required by Article 13. The Applicant is also requesting an ultimate building height of 52 feet, as detailed later in this report.
In addition to the above applications, a Level 2 Site Plan has been submitted, which will be decided upon by the Planning Commission following actions on the above-mentioned applications. The Applicant is pursuing this sequence of development approvals in accordance with Zoning Text Amendment (ZTA) TXT2023-00261, adopted by the Mayor and Council on October 9, 2023. The ZTA establishes floating zones and defines the regulatory procedures to implement the land use recommendations of the Rockville 2040 Comprehensive Plan (“the Plan”), which are not currently permitted under existing zoning. The ZTA also requires that a floating zone map amendment be filed concurrently with a Project Plan application. The Applicant has requested concurrent review for the Level 2 Site Plan, as also allowed by the ZTA.
The subject property is currently zoned R-60 (Single Unit Detached Dwelling, Residential), which limits residential uses to primarily single-unit detached dwellings. However, the Rockville 2040 Comprehensive Plan assigns the property with an RF (Residential Flexible) land use designation and recommends rezoning the property to either RMD-15 (Residential Medium Density) or MXNC (Mixed-Use Neighborhood Commercial) to allow for attached residential or multi-unit residential development. The Applicant is pursuing rezoning the property from R-60 to RF-FZ (Residential Flexible-Floating Zone) to allow the proposed stacked condominium units and to redevelop the property according to the development standards of the MXNC zone, as permitted by the ZTA and pursuant to Section 25.14.35.c.2.(a)(iii) of the Ordinance.
In accordance with Section 25.07.07 of the Zoning Ordinance, the Mayor and Council and Planning Commission were previously briefed on the Floating Map Amendment and Project Plan applications by the applicant.
On June 26, 2024, staff presented these applications to the Planning Commission. The Planning Commission considered the requests and recommended unanimous approval (by a vote of 5 to 0) to the Mayor and Council, subject to the conditions in the staff report. A summary of the discussion is detailed in the ‘Boards and Commissions Review’ section of the report. Should the Mayor and Council ultimately approve the Floating Zone Map Amendment and Project Plan, the Planning Commission will consider the submitted site plan for the development project.
Site Description
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Location: |
5906 Halpine Road |
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Planning Area: Land Use Designation: |
Planning Area 8 - Twinbrook and Twinbrook Forest RF - Residential Flexible |
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Existing Zoning District: |
R-60 (Single Unit Detached Dwelling, Residential) |
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Proposed Zoning District: |
RF-FZ (Residential Flexible-Floating Zone) |
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Existing Use: |
Institutional (Church, 9,800 square feet) |
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Proposed Use: |
36 two-over-two stacked residential condominium units |
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Site Area: |
1.51 acres (65,580 square feet) |
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Building Height: |
52 feet maximum |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
R-60 (Single Unit Detached Dwelling, Residential) |
RA (Residential Attached) |
Single-family detached |
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East |
MXB (Mixed-Use Business) |
RM (Residential Multiple Unit) |
Multi-family residential (Kanso apartments) |
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South |
PD-TC (Planned Development -Twinbrook Commons) |
CRM (Commercial Residential Mix) |
Multi-family residential (The Alaire apartments) |
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West |
R-60 (Single Unit Detached Dwelling, Residential) |
RA (Residential Attached) |
Townhouses |
The subject site is identified as Parcel A on a plat of subdivision entitled Halpine Baptist Church, recorded on March 31, 1966, and is approximately 1.5 acres (65,580 square feet) in size. The property is located at the southwestern corner of Halpine Road and Ardennes Avenue, approximately 450 feet north of the city boundary with Montgomery County. The site is square in shape and maintains dual frontage as a corner lot with approximately 235 feet along Halpine Road and 249 feet along Ardennes Avenue.
The site is currently improved with a 9,800 square-foot church constructed in the 1960s and 1970s, with the building located towards the northeast corner of the site and a surface parking lot located behind the building in the southwestern portion of the site. The site has two points of vehicular access via existing curb cuts, one along Halpine Road and the other along Ardennes Avenue. Existing mature trees located along the site’s western and southern boundaries assist in defining the property’s edges and providing a buffer from adjacent residential properties. Such trees are proposed to remain, and additional trees will be planted as part of the site’s redevelopment. The site’s topography is mostly flat with a gentle downward slope exhibited across the site from the west to east towards Ardennes Avenue.
Figure 1: Aerial map of 5906 Halpine Road. (Provided by City of Rockville)
The existing church use was originally approved by the Planning Commission on February 2, 1966, with Use Permit U-262-66 permitting the construction of a new one-story church and accompanying surface parking facility at the southwest corner of Halpine Road and Ardennes Avenue. On May 26, 1976, the Planning Commission approved Use Permit U-26-76 which allowed for an addition of a sanctuary building to the existing church with the provision of additional parking on the site.
On November 3, 2001, the city’s Board of Appeals approved Special Exception application SPX2001-00304 which permitted the establishment of a childcare center for 60 children on the basement level of the existing church. On July 7, 2007, the Board of Appeals additionally approved a 105-children private educational institution (K-6 elementary school) within the existing church building. Such approval required a subsequent Use Permit application to be filed within a certain timeframe to further establish the elementary school on the property. However, a review of the previous case files shows that the Use Permit was never filed, and as a result, the Special Exception approval for the elementary school expired and is no longer valid for the property.
Project Description
The Applicant proposes to raze the existing church building and redevelop the subject property with 36 two-over-two stacked condominium residential units. The “two-over-two stacked” dwelling type refers to two (2), two (2)-story townhouse-type units which are stacked one on top of the other to create a four (4)-story building.
The two-over-two units will be located centrally on the site and configured into two rows of units separated by an internal central drive aisle, which will provide a single vehicular access point from Halpine Road to each unit’s driveway and rear-loaded garage. The drive aisle, which will function as a private alley, includes a turnaround “hammerhead” to facilitate on-site movements. The eastern row of units will be oriented eastward so that the front of the units faces toward Ardennes Avenue, and the western row will be oriented westward so that the front of the units faces toward the proposed open space. The stacked units will be four stories tall and will have a maximum height of 52 feet. Each unit is proposed to be approximately 24 feet in width. Two (2) required parking spaces will be provided for each unit via a single space in each proposed driveway and another space in the rear-loaded garage. Staff previously considered an extension of the private alley to connect to Ardennes Avenue to provide a second access point to the property. However, staff has determined that such an access point is not necessary for adequate access or movement throughout the site. The Applicant has revised such areas to provide enhanced public use space that will utilize consistent streetscape materials and will be programmed with outdoor furniture, public art, and other pedestrian facilities that will benefit the site and surrounding community.
A path is proposed around the perimeter of the development to form a pedestrian path around the site. This pedestrian path will run adjacent to the fronts of both rows of units to provide pedestrian access. The proposed pedestrian path will also connect to existing sidewalks on adjacent properties to maintain the existing pedestrian network in the neighborhood. As indicated by the Applicant, the project proposal incorporates a western side yard building setback of 39.88 feet from the western row of units to the western property line. The Applicant indicates that such setback is being provided, in part, to respect the intervening forest conservation easement located on the adjacent Cambridge Walk townhouse community property. The Applicant also proposes to provide a variety of tree plantings and landscaping throughout the perimeter of the site and within the proposed public use areas.
Approximately 38% (24,505 square feet) of the subject property will remain as open space, exceeding the required 15%. The project also proposes to provide 10.2% (6,486 square feet) of public use space, consistent with the 10% requirement. As part of the amenities provided for the community, the Applicant proposes public use space along the entire Ardennes Avenue frontage of the property and will be anchored by two “pocket parks” on the site; the first near the northeast corner of the site abutting Ardennes Avenue and Halpine Road and the second park at the southeast corner of the site. Features of the proposed pocket parks include pedestrian-scale plantings as well as benches, tables, chairs, and bike racks. Additional open space featuring pathways, seating, and landscaping is also proposed along the western portion of the property.
Figure 2: Proposed Project Plan site plan (Provided by Applicant)
Project Analysis
Master Plan
The project is located within Planning Area 8 (Twinbrook and Twinbrook Forest) of the City of Rockville’s Comprehensive Plan and the Land Use designation applied to the site is RF (Residential Flexible). The definition of RF in the Plan is that it “…includes a mix of townhouses/rowhouses and apartment buildings, as well as detached houses. It applied to sites where the mix of allowed residential types is flexible and to be finalized during development review.” Staff finds that the subject development proposal is not in conflict with the Plan as further explained in the ‘Findings’ section of this report.
Traffic and Transportation
Access and Circulation:
The project site is bounded by Halpine Road to the north and Ardennes Avenue to the east. Halpine Road is classified as a Primary Residential Class 2 roadway, and Ardennes Avenue is classified as a Business District II roadway by the City of Rockville. The submitted plan proposes access to the residential development be limited to a new full-access driveway from Halpine Road. This new access driveway will be constructed as a private alley and will be the site’s only vehicular access connecting the proposed development to the surrounding roadway network.
1. Passenger Vehicles:
Vehicular access to the site will be provided via a proposed 20-foot-wide private alley and a new unsignalized curb cut on Halpine Road. The new site access on Halpine Road is located approximately 120 feet west of the Ardennes Avenue intersection. Vehicles entering the site will use the alley to access the proposed townhome driveways. There is a turnaround area at the end of the private alley. Passenger Pick-up/drop-off operations are anticipated to take place along Ardennes and Halpine.
2. Heavy Vehicle (Trucks):
The proposed plan does not show a specific and common loading facility and all residential deliveries are expected to take place along the private alley and outside of the peak hours. The private alley allows trucks to navigate the site, provide delivery, and complete trash collection among other activities. The proposed turnaround area at the end of the private alley provides an adequate turning area for fire and trash/ delivery trucks to perform the required turning maneuvers prior to exiting the site.
3. Required and Visitor Parking:
As explained later in the findings section of this report, the project will not violate any established provisions of the Zoning Ordinance, including parking requirements for the site. On-street parking along the site’s frontage on Ardennes Avenue will provide opportunities for visitor parking.
4. Pedestrian Access:
The existing sidewalk along the site’s frontage on Halpine Road is approximately 4’ wide with a 10’-wide buffer, which is deficient under the City of Rockville’s guidelines. The existing sidewalk along the site’s frontage on the west side of Ardennes Avenue is approximately 5’ wide with no buffer, which is also deficient. With the proposed development, the existing sidewalks along the subject site frontage with Halpine and Ardennes will be rebuilt, as shown on the submitted plan, to meet the City of Rockville’s required standards. The plan also includes additional 5-foot-wide internal sidewalks that parallel the single-family attached homes. The plan also proposes to construct ADA-compliant curb ramps at the proposed site driveway.
5. Bicycle Accommodation:
Bicycle access to the site is provided to the site via Halpine Road and Ardennes Avenue and the proposed private alley, all considered as shared roadways.
6. Transit Access:
The Twinbrook Metrorail station on the WMATA Metrorail Red Line is located approximately ¼ of a mile from the site. The Red Line runs from the Shady Grove station in Rockville to Glenmont in Silver Spring by way of downtown Washington, DC. There is a bus stop on Ardennes Avenue near its intersection with Halpine Road. This bus stop serves the Ride on Route 44 (“Twinbrook-Rockville”), which operates Monday to Friday from 6:00 AM to 8:00 PM.
Setback & Layback Slope Waivers
In addition to establishing interim comprehensive plan floating zones, the ZTA, as specified in Section 25.14.35.e, allows for the Approving Authority for a related Project Plan to waive one (1) or more of the development standards of the designated equivalent zone. The Applicant has submitted a request to waive the side yard setback and layback slope requirements of the requested equivalent MXNC Zone. The Mayor and Council, as the approving authority for floating zone map amendment applications, may authorize such waivers for setbacks and layback slope if the request meets certain criteria specified in the Zoning Ordinance.
The proposed waivers are further described in the table and graphic below. The Applicant seeks a maximum 12.12-foot waiver of the setback requirement which corresponds to the most southern unit proposed closest to the western property line. Given that the side setback increases as the units move northward, the needed waiver is reduced for each unit moving northward, with the most northern unit exceeding the requirement with a setback of 52.9 feet.
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Requested Development Standards Waivers |
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Standard |
Required |
Proposed |
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Side-yard setback abutting Residential (Sec. 25.13.05.b.1) |
25’ or height of the building, whichever is greater (52-foot building height proposed). |
39.88’ from the western side property line. |
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Layback Slope (Sec. 25.13.05.b.2.(e)) |
30-degree slope of building height to confronting single-family attached or detached property lines. |
43.8-degree slope from Cambridge Walk townhome property 35.3-degree slope from Halpine Road single-family properties. |
Figure 3: Setback Exhibit. Due to the shape of the property and orientation of the buildings, the proposed setback will be at its maximum 39.88 feet at the plan’s easternmost unit and increase to a maximum 52.9 feet at the plan’s westernmost unit. (Plan provided by Applicant; Markup by Staff)
Figure 4: Proposed Layback Slope between proposed dwelling units and the abutting Cambridge Walk II Townhome property. The Layback Slope is a function of the height of a commercial, industrial, or mixed-use zone building and its distance from an abutting single-family zone property line. (Graphic Provided by Applicant)
Additionally, the subject property is thus required to provide the stated layback slope from both the western abutting Cambridge Walk II townhome property and the single-family dwelling properties that exist confronting the subject site on Halpine Road.
From the western abutting Cambridge Walk II townhome property, the setback would have to be increased to achieve the required layback slope with the proposed height. From the existing single-family detached homes confronting the site along Halpine Road, the setback would also need to be increased to achieve the required layback slope.
In accordance with Section 25.14.35.e of the Ordinance, the Mayor and Council as the Approving Authority for a project plan being reviewed with a floating zone map amendment application may waive one (1) or more of the development standards of the designated equivalent zone upon finding that the applicant has shown good cause as to why the development standard should not apply to the project. The staff has reviewed and found good cause for the waivers as required by this section and described below.
(a) Whether the waiver of the development standard of the equivalent zone permits the application to meet the intent of the plan
The requested waivers for setback and layback slope permit the application to meet the intent of the Plan by providing an urban infill project near transit, a stated recommendation of the plan. Also pursuant to the recommendation of the Plan, the proposed 2-over-2 townhouse style design provides a sensitive and contextual design transition to the adjacent and confronting residential uses that vary in style. The proposed 39.88-foot side yard setback, while not equaling the proposed 52-foot height, still provides a sizeable setback for the proposed western row of units. Consistent with the recommendation of the Plan to provide protection to the forest conservation easement adjacent to this property, the proposed setback will assist in providing a buffer between the proposed units and the adjacent forest conservation area. As the proposed layback slope is a function of the proposed setback and building height, the proposed layback slope will also allow the proposed setback from the adjacent properties while also achieving the stated density through the 2-over-2 concept, consistent with the residential flexible land use envisioned for the property by the Plan.
The proposed design and layout of the units on the site allow for a functional residential development that promotes efficient land use of the Property with additional residential density at a desired location as expressed by the Plan without overburdening public facilities.
(b) Whether the waiver of the development standard results in development that is compatible with development on adjacent properties;
The proposed waivers foster an appropriate setback between similar residential uses. The proposed 39.88-foot side yard setback to the western property line shared with the adjacent Cambridge Walk II townhome community, along with the building group siting, context-sensitive architecture, landscaping, and harmonious massing, promotes compatibility with the adjacent residential uses. It should be noted that had the Applicant requested to rezone the Property to a zone that would have allowed development consistent with the RMD-15 Zone, as recommended by the Plan and allowed by the ZTA, such zone would permit single-family attached homes with a maximum height of 40 feet and would require a side yard setback of 8 feet. In addition, the layback slope requirements would not apply.
The project is proposing an additional 12 feet of height compared to the RMD-15 zone, for a building height of 52 feet which is permitted in the MXNC Zone and provides a side yard setback of almost five times greater than the RMD-15 zone setback requirement. Along the northern property line abutting Halpine Road, the proposed dwellings will have a minimum setback of 10.3 feet. However, the Applicant indicates that with the intervening Halpine Road right-of-way, there will be a minimum separation of 92 feet between the proposed dwellings and the existing single-family detached homes on the north side of Halpine Road. This distance will provide a similar separation as observed between the Cambridge Walk townhomes and the confronting single-family detached homes at approximately 100 feet. The Applicant has also provided a shadow study exhibit which demonstrates that the proposed setbacks and layback slopes will not result in obstructive shadows to neighboring properties.
(c) Whether applying the development standard of the equivalent zone is consistent with good planning and design principles; and
The MXNC side yard setback and layback slope requirements are generally consistent with good planning and design principles such as ensuring that adequate light, air, privacy, and open space are provided between buildings, and specifically between single-family residential buildings and larger mixed-use buildings. However, the subject property presents different circumstances that warrant consideration of alternatives to these standards. The MXNC Zone development standard requiring a setback equal to the height of the building and the layback slope requirement requiring an even greater setback may be appropriate to address the adjacency of dissimilar building types, such as a 65- to 120-foot-tall structure adjacent to a single-family home. However, in situations where comparably styled attached residential structures are located adjacent to one another, such as this project, strict compliance with the setback requirements results in unnecessary and excessive setbacks contrary to current urban design guidelines and standards. For comparison, buildings not abutting residential properties in the MXNC allow either 10-foot setbacks or no setbacks at all. In addition, providing the required 52-foot setback would present a conflict with the Plan’s recommendations and general housing policy encouraging the construction of more residential units in the city, particularly near transit stations. Furthermore, the project seeks to follow general good planning principles by providing redevelopment of the property where public facilities exist to service the site, thus allowing for further efficiencies in land use and the provision of public services. A waiver from the MXNC Zone’s setback and layback slope requirements is appropriate in this instance to allow for the proposed, moderate density at an infill site within an existing residential community.
(d) Such other factors as the Approving Authority reasonably deems appropriate.
The requested 12.12 feet of relief from the MXNC Zone’s setback requirement and the requested 13.8 degrees and 5.3 degrees from the layback slope requirements to the west and north respectively are appropriate for the Project considering the overall context of the Project. A generous setback with a minimum of 39.88 feet between the project and the adjacent Cambridge Walk II townhome community will be provided which will allow substantial landscaping to be provided in addition to the existing landscaping which will result in a significant buffer between the proposed project and the townhome community. The Applicant has explained that the required setback does not consider that the subject property is 1.5 feet lower than the adjacent Cambridge Walk townhome community. Resultingly, the perceived height of the project relative to the Cambridge Walk townhome community is less than 52 feet, although the Zoning Ordinance requires a 52-foot setback. The adjacent Cambridge Walk townhome community is in the RMD-10 zone which requires a side yard setback of 8 feet and allows a maximum height of 35 feet. While not specifically designed as townhouses, this project proposes attached residential units similar in style and design that will be 17 feet higher, nearly 1.5 times greater than what is allowed in the adjacent zone but is required to provide a setback that is more than six times greater than the adjacent zone (8 feet vs. 52 feet).
Requiring a building setback equivalent to the building height for the subject project is unnecessary due to the similar single-family residential uses anticipated for both the subject and adjacent Cambridge Walk properties. Unlike in cases where adjacent properties of different uses might warrant additional setbacks to account for various impacts such as additional traffic, light, and noise, the proposed project is anticipated to function as a residential development like surrounding properties and it will not incorporate any mixture of uses which might yield an increase in the impacts. In addition, as previously mentioned, the proposed setback and layback slope will prevent shadows from the project from impacting adjacent properties. Furthermore, such factors as achieving additional housing units, particularly near transit, represent a major objective identified by the city in the adoption of the Plan, and this project seeks to bring such objectives to fruition through the proposed development.
As the City has not yet been through comprehensive rezoning to implement the land use categories specified by the Plan, the interim floating zone process established by the ZTA allows properties to proceed with development in accordance with the plan prior to such rezoning. By establishing such a process, the ZTA anticipated that the floating zone standards may be challenging for compliance on certain sites, and thus permitted waiver provisions to provide methods of relief when meeting certain criteria. The Applicant’s proposal seeks to redevelop the site pursuant to the Plan’s recommendations and the requirements of the adopted ZTA.
Public Notification and Engagement
Notifications for the Floating Zone Map Amendment and Project Plan applications were made consistent with City Code requirements. The Applicant held a virtual pre-application area meeting on May 16, 2023, and a post-application area meeting on February 6, 2024.
Eleven (11) members of the public attended the pre-application area meeting, and ten (10) members of the public attended the post-application area meeting. Feedback received during the meetings included concerns about the protection of the existing forest conservation easement on the adjacent Cambridge Walk townhome site, as well as the provision of visitor parking for the proposed project. In response, the Applicant has revised their design to further limit the project’s impact on the forest conservation easement. The Applicant’s submitted plans currently do not provide any specified visitor parking. However, the Applicant has indicated that existing on-street parking along the site’s Ardennes Avenue frontage will remain to provide opportunities for visitor parking.
As of the date of this report, staff has received 29 emails and multiple phone calls from the public requesting information and expressing concerns about certain aspects of the Applicant’s proposal. See the “Public Testimony” attachment.
Additional public engagement opportunities will be provided during the Level 2 Site Plan process.
Boards and Commissions Review
In accordance with Section 25.07.07.6 of the Ordinance, the Planning Commission was briefed on these floating zone Map Amendment and Project Plan applications on February 7, 2024, and the Mayor and Council were briefed on February 12, 2024. At the briefings, the Planning Commission and Mayor and Council asked questions and offered suggestions concerning the development proposal.
Both the Planning Commission, and the Mayor and Council were generally supportive of the application and expressed no significant concerns with the development proposal.
At its briefing, the Commission had questions on how parking would be provided for each unit, the need for the “hammerhead” turn-around feature, and the provision of visitor parking. The Commission also asked for clarification on the anticipated height of the proposed building if the gabled roof option was employed, its relation to the height of surrounding buildings, and how the project would provide on-site stormwater management to mitigate impacts to neighboring properties.
On June 26, 2024, the Planning Commission held a public hearing on these applications and recommended unanimous approval (by a vote of 5 to 0), subject to the conditions recommended by staff. At the public hearing, the Planning Commission had the following questions and comments:
Will the proposed project improve Stormwater Management and reduce the overall impermeable surface on the property?
Staff Response: Yes. The proposed project will implement Stormwater Management (SWM) on the property where currently the site does not include any SWM features and is largely covered by a surface parking lot. The impervious surface will decrease from 1.09 acres to 0.97 acres with the proposed project.
The setback and waiver are correlated to the height of the structures and the setback could be as little as 25 feet based on the requirement.
Staff Response: Yes. The side yard setback is required to be a minimum of 25 feet or the height of the building, whichever is greater.
The Twinbrook Metro Station parking lot is less than 3 blocks away from this development. Does staff know if such parking would be free to the public during the week?
Staff Response: According to WMATA’s website, at metro stations, fares are collected Monday-Thursday 7:30 am-12:30 am and on Fridays 7:30 am-2:00 am. Thus, it appears that there are only a few remote hours overnight where parking at the metro station during the week may be free for users. However, visitors can pay to park in the lot.
Is there any pending development on the Twinbrook Metro Station property that would potentially limit parking?
Staff Response: There is an approved Planned Development that covers the entire Twinbrook Metro Station property. However, the developer of the Planned Development has left the project, and so the development will most likely not occur as it was approved. Nevertheless, the intent of the Planned Development was that all the surface parking for the metro station would be converted into structured parking as redevelopment occurred. Currently, staff is not aware of any pending projects that would change the condition of the metro station property soon.
Given that the community signage is not being included in the proposed project, how are we determining the value of the public benefit items for the project?
Staff Response: As this is the first application that seeks to employ a floating zone, this is the staff’s first consideration of a public benefit requirement in conjunction with a development application. In its review, staff has found that the proposed benefits of a financial contribution to the Twinbrook Community Recreational Center and the provision of a bus shelter adjacent to the site, are consistent with the intent of the requirements to provide a benefit that is both commiserate with the scale of the proposed project and is above and beyond the normal code requirements.
Also at the public hearing, the Planning Commission received public testimony from several members of the public including neighboring residents, who expressed mixed sentiments on the project. While there were limited instances of complete opposition to the project, the testimony did include concerns over the potential impacts of the project on neighboring forest conservation easements and buffering from adjacent properties. For such reasons, such testifiers recommended that the Commission deny the waivers requested by the applicant. Similar sentiments have been expressed in written testimony during the review of this project and are further detailed in the “Public Testimony” attachment.
Regarding the adjacent Forest Conservation Easements (FCEs), staff has reviewed the project for impacts to adjacent properties including existing trees, as further detailed in the Forestry section of this report. While required Forestry reviews are still ongoing, the Applicant’s plans show that protective measures such as tree protection fencing and root pruning around the Limit of Disturbance (LOD) will be provided. Additionally, the LOD has been relocated several feet away from the shared property line with the adjacent Cambridge Walk townhome community property to match the existing extent of the church parking lot pavement and provide additional buffering between the proposed project and the shared Cambridge Walk II property line/FCE.
Figure 5: Forest Conservation Easement Exhibit. (Plan provided by Applicant; Markup provided by Staff)
At its February 12, 2024 briefing, The Mayor and Council had several questions and comments including the following:
What is the height of the neighboring Cambridge Walk townhomes? There is some concern about the change of height from the single-family homes on the north side of Halpine Road.
Staff Response: The proposed development will function as a transition from the surrounding residential development. The abutting Cambridge Walk townhomes and single-family detached homes on the north side of Halpine Road are limited to a maximum height of 35 feet. The existing multi-family developments to the south and east are estimated to be approximately 60 feet in height. The proposed development at 52 feet would offer such transitional height between these lower and higher density uses.
The required building setbacks for this development appear to be overly generous as compared to the existing single-family homes around this site.
Staff Response: The required building setback is a function of the MXNC zone standards which anticipate when buildings in this zone will abut single-family homes, whether detached or attached, they must provide a setback of 25 feet or equal to the height of the building, whichever is greater. Staff believes the intent of the requirement is to provide adequate spacing between residentially focused single-family homes and non-residential, mixed-use, and/or multi-family buildings that are more common in mixed-use zones. Since buildings in mixed-use zones can vary in their massing, scale, and overall presence as compared to single-family use dwellings, such a setback allows for suitable spacing between uses to avoid adverse impacts such as casting a shadow while also maintaining light and air between such uses.
In providing public benefits as part of this project, the Applicant should consider a neighborhood sign along Ardennes Avenue.
Staff Response: The Applicant had initially proposed a neighborhood sign as a component of the project’s art requirement and part of their provision of public benefits for the subject development. However, the Applicant has decided not to provide the community sign and instead focus on providing an alternative art element. The Applicant’s does propose to provide a bus shelter along the property’s Ardennes Avenue frontage and a $10,000 financial contribution to the Twinbrook Community Recreational Center as public benefits for the project.
It was indicated that this project was previously presented to the Mayor and Council with discussions about density during the development of the Comprehensive Plan. Can staff confirm?
Staff Response: It is understood that the Applicant did engage in discussions with the Planning Commission and Mayor and Council during public meetings for the development of the Comprehensive Plan as to potential redevelopment scenarios for the subject property. A review of the public meeting records indicates that the Applicant did present testimony to the Planning Commission at their public hearing on September 23, 2020, for the Plan’s draft planning areas and offered testimony regarding their intent to redevelop the property into a residential condominium development. The Applicant also provided testimony at the Mayor and Council’s June 21, 2021 work session on the Plan’s draft for Planning Area 8. Testimony provided by the Applicant for that meeting did identify potential redevelopment of the property into a “two-over-two” residential product. However, to the staff’s recollection, the first formal presentation of the current site development plan before either the Mayor and Council or the Planning Commission was at the briefings for such respective bodies in February 2024.
Will the proposed parking inside of the dwelling units be “tandem” spaces?
Staff Response: “Tandem” spaces are configured where two vehicle parking spaces are accommodated linearly, one in front of the other, or in “tandem.” In many townhome developments, tandem spaces are wholly located within a unit’s garage and often take up the full length of the unit to accommodate two parking spaces. This project will utilize parking spaces in a tandem configuration. However, instead of both parking spaces being located within the unit’s garage, one space will be in the garage, and the other space will be located in the unit’s rear driveway beyond the garage.
How will the project address sustainability and what “green” features will it implement?
Staff Response: The project looks to address sustainability in providing efficient stormwater management by installation of on-site bio-retention facilities which will help collect and treat stormwater and mitigate runoff onto adjacent properties. As detailed later in this report, the project will also provide 35 new tree plantings on-site as well as new tree plantings on Ardennes Avenue. These measures will positively contribute to the site’s landscaping and provision of open area, as well as add to the robust tree canopy that currently exists in the surrounding neighborhood. The inclusion of any green building methods and standards such as LEED for the proposed residential buildings will be further evaluated at the time of building permit application. Local amendments to the International Energy Conservation Code that are effective in December of 2024 will generally require residential units such as the proposed two-over-two units to be constructed with infrastructure to provide for electric vehicle charging.
The site is near the Twinbrook Community Recreational Center. Increased recreational opportunities should be considered with the project.
Staff Response: As part of their public benefit, the Applicant has proposed a $10,000 financial contribution to the Twinbrook Community Recreational Center.
Next Steps
Should the Mayor and Council discuss and provide instructions to staff this evening, staff will prepare a Resolution for the Mayor and Council to consider at the September 9, 2024 meeting. If the Mayor and Council choose not to discuss and provide direction to staff this evening, the discussion and instructions will be scheduled for the September 9th meeting.
Findings
In consideration of the applicant’s request to apply the RF-FZ zone to the Property, and in accordance with Section 25.06.01.e.2., a floating zone map amendment application may be approved only if the Mayor and Council find that the application:
(i) Is consistent with the Plan and implements the Land Use Policy Map and applicable description of the land use category found in the Rockville 2040 Comprehensive Plan as adopted by the Mayor and Council on August 2, 2021;
This project is consistent with the 2040 Comprehensive Plan and implements the residential flexible (RF) land use designation identified in the Plan for the subject property. As previously mentioned, the RF land use includes a mix of townhouses/rowhouses and apartment buildings, as well as detached houses. The proposed two-over-two attached residential units are consistent with dwelling types expressed in the RF land use designation. The Applicant’s proposal will yield a higher density of residential units than currently permitted through existing zoning to fulfill the urban infill vision outlined in the Plan. The applicant’s proposed rezoning from the R-60 Zone to the RF-FZ Zone will permit the proposed two-over-two attached dwellings to be developed under standards of the MXNC Zone as requested by the Applicant and as permitted by the adopted ZTA in order to further realize the residential flexible land uses envisioned by the Plan.
(ii) Satisfies the intent and standards of the proposed zone and meets all other applicable requirements of this Chapter;
The Project satisfies the intent of the proposed RF-FZ and the proposed equivalent MXNC Zone development standards set forth in Sections 25.13.05 and 25.13.06, except with respect to the side yard setback and layback slope requirement from which the Applicant seeks waivers. The MXNC Zone is intended for low to moderate-density development of retail, service, office, and residential uses on sites in close proximity to single-unit detached residential uses. The Project proposes moderate-density residential development at an infill site designated for redevelopment near single-unit detached residential uses. The proposal conforms with the applicable requirements of the MXNC Zone, except for the two aforementioned waivers, which if approved, would be appropriate given the proposed development at this location.
(iii) Provides one or more public benefits that enhance or contribute to the objectives of the Plan and are proportionate to the scale of the proposed development; and
The proposed development provides public benefits that contribute to the objectives of the Comprehensive Plan and are proportionate to the scale of the proposed development. The project is providing needed housing at an appropriate, context-sensitive scale within 700 feet of the Twinbrook Metro station. The project will provide more than twice the amount of required open space and will feature well-designed public-use spaces that will have 5-foot-wide walking paths, seating areas, bike racks, and other pedestrian-oriented infrastructure for the benefit of the public. The Applicant also proposes to construct a bus shelter along the Ardennes Avenue frontage to further promote the transit goal of the city and provide an additional benefit to the Twinbrook community. Finally, the Applicant proposes a $10,000 contribution to the Twinbrook Community Recreational Center. The Applicant previously proposed a community sign as part of their benefits package but has decided to not include the community sign with the project.
Such benefits collectively contribute to the objectives of the Plan specific to Twinbrook (Planning Area 8) by improving pedestrian safety and expanding the walkable nature of the community (page 339) by providing pedestrian facilities along the site’s frontage and around the site. Such benefits also assist in addressing the need for additional neighborhood recreational amenities (page 339) through the Applicant’s proposed financial contribution to the Twinbrook Community Recreational Center. Furthermore, the Applicant’s proposed design and materials for the residential units will also positively contribute to maintaining the residential character in the planning area (page 339) by offering context-sensitive architecture which will assist in providing a harmonious transition between the single-family and multi-family residential uses surrounding the subject site.
(iv) Is compatible with existing and approved adjacent development.
As expressed by the Applicant, this project is strategically designed to ensure compatibility with the surrounding residential community and limit impacts to adjacent properties. The subject site is bordered on the east by the four-story 55-foot tall, 240-unit multi-family Kanso Twinbrook residential project; on the south by the four-story Alaire multi-family building which is part of Twinbrook Station; on the west by the Cambridge Walk townhouse community, and on the north by the single-family homes located across Halpine Road. The proposed 2-over-2 building groups are sited in two rows parallel to Ardennes Avenue, with one group fronting Ardennes Avenue and the second set back behind the private drive alley. This siting is intended to contribute to a harmonious street wall along Ardennes Avenue, limit unnecessary additional curb cuts along Ardennes Avenue and Halpine Road, and ensure compatibility with confronting residential uses across Halpine Road by breaking up massing with two separate building groups featuring attractive side elevations. These strategic site design interventions, in conjunction with compatible, high-quality building materials, are intended to foster compatibility with the surrounding residential development.
In addition to findings required for approval of a floating zone map amendment application, per Section 25.07.01.b.2, the companion Project Plan application for this project may be approved only if the Mayor and Council find that approval of the application will not:
(i) Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project;
The proposed development will not adversely affect the health or safety of persons residing or working in the surrounding neighborhood. As the Applicant’s proposal seeks to redevelop the site with residential uses within an established residential neighborhood, the proposed project will provide housing and will function in a similar manner to those surrounding residential uses. As such, the proposal will generate fewer vehicular trips to and from the site than the existing church and daycare uses. Furthermore, the site will improve the site with additional stormwater management and landscaping to mitigate stormwater runoff and provide buffering of the proposed development from adjacent properties. The project will provide the required parking on-site and the existing on-street parking on Ardennes Avenue abutting the site will provide opportunities for visitor parking. Shadow studies provided by the Applicant indicate that the proposed development will not cast shadows over buildings on adjacent properties. Therefore, the proposed residential use will not adversely affect the health or safety of the surrounding neighborhood.
(ii) Be in conflict with the Plan;
The project is not in conflict with the Plan. The proposal to construct two-over-two condominiums is consistent with the RF land use category identified for this specific property. The project falls within Planning Area 8 of the Plan and is called out as Focus Area 9. There are no other neighborhood master plans applicable to the site. Staff finds the following compatibilities within the Plan:
• “The area is planned for a range of residential development with the RF (Residential Flexible) land use designation, though the existing church and daycare use are also allowed under this designation.” (Page 344)
The Applicant proposes to raze the existing church building to construct residential condominiums consistent with the uses expressed with the RF designation.
• “Rezone the property from R-60 (Single Unit Detached Dwelling) to RMD-15 (Residential Medium Density) or MXNC (Mixed-Use Neighborhood Commercial) to allow for attached residential or multi-unit residential development and ancillary commercial uses. A church and/or daycare is allowed in both zones.” (Page 344)
The Applicant is requesting an interim comprehensive plan floating zone, RF-FZ, which specifically allows for projects under such designation to be developed under either an equivalent zone of the RMD-15 zone or another existing zone recommended by the Plan. As the Plan recommends either RMD-15 or MXNC for this property, the Applicant is requesting to develop the property under the standards of the MXNC zone.
• “Allow a maximum height of up to 50 feet as an urban infill project within a quarter mile of a high-frequency transit station, the Twinbrook transit station. Any redevelopment of the property should provide a sensitive transition to the adjacent and confronting residential uses through height step-downs, massing articulation, and landscaping. Established forest conservation areas adjacent to this property should be protected.” (Page 344)
Focus Area 9 recommends the desired development on the parcel, which includes an urban design recommendation that states, “a maximum height of up to 50 feet” (page 344). Focus Area 9 also recommends, that “any redevelopment of the property should provide a sensitive transition to the adjacent and confronting residential uses through height step-downs, massing articulation, and landscaping” (page 344).
The Applicant is proposing a maximum height of 52 feet for the project. The additional two feet of height above the maximum recommended within the Comprehensive Plan is to accommodate a gable-style roof. The Applicant had initially looked at both flat and gable-style roof options for the project, intending to keep the maximum building height less than 50 feet. Following comments from the Planning Commission and Mayor and Council at their respective briefings, both bodies indicated their preference for a gable roof rather than a flat roof, citing the gable roof as being more compatible with and providing a better transition to nearby buildings and their architecture. Taking this direction, the Applicant designed the project with a gable roof and discovered that two additional feet of height are needed to accommodate the pitch of a gable roof.
Staff concurs with the position that gable roofs would be preferred over flat roofs to maximize compatibility with the surrounding neighborhood and provide an adequate transition - two important factors stated within the Plan narrative for Focus Area 9. The impact of two additional feet of height in this location is de minimis, and though the proposed height is above 50 feet, the rationale for the additional height is consistent with the spirit and intent of the Plan. Furthermore, the Plan’s statements contained within Focus Area 9 are recommendations rather than requirements. The proposed land use is consistent with the Land Use Policy map which calls for “a mix of townhouses/row houses, and apartment buildings, as well as detached houses” (page 20). For the reasons identified above, staff find this application to be compliant and not in conflict with the City’s Comprehensive Plan.
(iii) Overburden existing and programmed public facilities as set forth in article 20 of this chapter and as provided in the adopted adequate public facilities standards;
The Project will not overburden existing and programmed public facilities as set forth in Article 20 of the Zoning Ordinance and as provided in the adopted adequate public facilities standards.
Schools
The property is served by the Richard Montgomery Cluster Area (Twinbrook Elementary School, Julius West Middle School, and Richard Montgomery High School), and is located within a Infill School Impact Area. Using the corresponding Montgomery County FY2024-2029 Student Generation Rates, the proposed development will generate the following number of students:
• 2 students at the elementary school level
• 1 student at the middle school level
• 2 students at the high school level
The current school test standards of the Adequate Public Facilities Standards (APFS) utilize a seat deficit and capacity percentage calculation to determine adequacy. The maximum permitted capacity level is 120% and no more than a 110-seat capacity deficit in elementary schools and 180-seat capacity deficit in middle schools. The proposed development meets these standards at all three school grade levels.
|
School Test: Seat Deficit > 110 Seats (Elem.) or > 180 (Middle) and Percent Utilization > 120% (Elem., Middle, and HS) = Moratorium |
|
School Type (Richard Montgomery Cluster) |
Projected 2028-29 Enrollment |
Students Generated by Proposed Development |
100% MCPS Program Capacity 2028-29 |
Enrollment Including Proposed Development |
School Percent Utilization in 2028-2029 |
School Percent Utilization in 2028-29 with Proposed Development |
|
Twinbrook ES |
413 |
2 |
629 |
415 |
65.7% |
66% |
|
Julius West MS |
1,351 |
1 |
1,432 |
1,352 |
94.3% |
94.4% |
|
Richard Montgomery HS |
2,755 |
2 |
2,250 |
2,757 |
122.4% |
122.5% |
It should be noted that while the projected enrollment in 2028-29 including the proposed development would exceed the 120% threshold to normally trigger a moratorium, per the APFS, the Richard Montgomery cluster service area remains open conditionally due to an approved CIP project that will reassign students among Gaithersburg High School, Richard Montgomery High School, Quince Orchard High School, Thomas S. Wootton High School, and Crown High School in Fall, 2027.
Water and Sewer
In a letter dated May 10, 2024 (see “Water and Sewer Authorization Letter” attachment) the proposed development received Water and Sewer Authorization approval from the Department of Public Works (DPW) for connection to the City’s water and sanitary sewer systems. The Water and Sewer Authorization Approval Letter lists project-specific conditions of approval.
Traffic and Transportation
Roadway Network Analysis:
A limited-scope On-Site Transportation Report was prepared in accordance with the City’s Comprehensive Transportation Review (CTR) requirements, since the proposed development with consideration of all vested AM and PM peak trips for existing church and daycare uses, as shown below, is projected to generate less than 30 peak hour trips. The submitted on-site Transportation Report focused on the site access, on-site circulation, transit, pedestrian, and bicycle accessibility and accommodations and to ensure adequate transportation facilities exist during and after a development project is complete and as required by the CTR. The submitted report was reviewed by the Department of Public Works (DPW) Traffic & Transportation staff. Based on this review staff finds:
(1) The proposed development of 36 attached residential dwelling units in lieu of the existing church and daycare uses will not generate thirty (30) or more new peak hour vehicle trips, as shown in the table below, and
(2) The project will not substantively alter or change vehicular traffic flow movements in and around the site, and
(3) The proposed private alley and its curb cut along Halpine Road can adequately accommodate the projected traffic that would be generated by the proposed development, and
(4) The application is not required to pay the CTR required Transportation Improvement Fee.
Trip Generation:
As shown in the table below, and by using the rates recommended by the Latest ITE Trip Generation Manual, as required by the CTR, the proposed residential redevelopment would result in a net reduction in traffic as compared to the existing church with a 60-student daycare center:
(iv) Constitute a violation of any provision of this Code or other applicable law; or
The staff has reviewed the proposed development for compliance with the Zoning Ordinance and finds that the development proposal is consistent with the Ordinance requirements, aside from the regulations relevant to the requested waivers. For the instances where waivers are sought, staff concurs that the waiver criteria are met and the waivers should be granted.
All other development standards including open area and public use space requirements are met at this Project Plan stage of the development project. The Zoning Ordinance requires 15% open space and 10% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly accessible location. The proposed land uses are consistent with the uses identified in the land use table in the Zoning Ordinance for the requested equivalent MXNC Zone and are also consistent with the Plan. The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.e (Special design regulations for individual mixed-use zones - MXNC) will ensure that thoughtful and sensitive design is utilized in the project. The proposal also complies with the requirements of Article 16 (Parking and Loading) including provision of the required number of spaces at the required dimensions. Compliance with these sections will be confirmed during the site plan review.
Newly constructed sidewalks and pedestrian elements within the right-of-way shall be fully accessible and comply with the criteria for accessible routes in the 2010 ADA Standards for Accessible Design. Where the running slope of a sidewalk exceeds 1:20, such sidewalk or portion thereof shall comply with the requirements for ramps found in §405 of the 2010 ADA Standards for Accessible Design. Conformance with other requirements, including but not limited to other zoning requirements, city codes, and the building code, will be confirmed through the site plan, permit review, or other applicable process.
(v) Adversely affect the natural resources or environment of the City or surrounding areas.
Stormwater Management
Stormwater Management (SWM) for this project will be provided for all new and replacement impervious areas as required by Chapter 19 of the Rockville City Code and in compliance with the Pre-Application SWM Concept Approval Letter dated December 12, 2023 (see “Pre-App SWM Concept Approval Letter” attachment). The Pre-Application SWM Concept Approval Letter lists project-specific conditions of approval.
Forestry
This project must meet all requirements of Chapter 10.5 of the City’s Forest and Tree Preservation Ordinance in addition to any additional City or State requirements.
The City approved a Natural Resource Inventory/Forest Stand Delineation (NRI/FSD) on October 10, 2023 (FTP2023-00059). The NRI/FSD did not delineate any onsite forest. Staff noted the presence of existing forest conservation easements (FCEs) (FTP2003-00033 and FTP1995-00005) on neighboring properties during the plan review. As a result, staff requested the applicant’s proposed limit of disturbance be setback, to ensure stewardship of the adjacent properties FCE.
As of the date of this report, the City is currently undergoing a 3rd review for the Preliminary Forest Conservation Plan (PFCP) received by CPDS on June 13, 2024. The 3rd submission of the PFCP shows required tree protection measures along the property lines adjacent to the neighboring FCEs including tree protection fencing and root pruning. At the time of the Site Plan and/or Final Forest Conservation Plan submittal, the applicant will also be required to present a management plan created by a certified arborist. This plan will detail best management practices along the property lines abutting the adjacent FCE to minimize impacts to the adjacent trees.
Forest Conservation
The 2nd submission of the PFCP received by CPDS indicates that the property is subject to an afforestation requirement of 0.22 acres. The applicant is proposing to meet this requirement through the planting of 35 trees on-site, 9 of which are street trees along Halpine Road and Ardennes Avenue.
Significant Trees
There are a total of 22 significant trees on site, with two of them being specimen trees, which are trees that have a DBH of 30” or greater. The 2nd submission of the PFCP shows the removal of 8 onsite significant trees, one of them being a specimen tree. Per Chapter 10.5, the removal of specimen trees will require approval from City staff of a justification for removal at the time of Final Forest Conservation Plan (FFCP) approval. There is a total of 26 significant replacement trees required in the current PFCP submission, and the applicant is proposing to meet that requirement with 26 proposed trees to be planted as significant tree replacements. These significant tree removals and replacements are subject to review in the PFCP and FFCP review processes.
Street Trees and Lot Trees
Consistent with the requirements of Section 25.21.21, the applicant is proposing to plant 10 street trees on Ardennes Avenue and 7 street trees on Halpine Road within the public right-of-way.
Historic Resources
The property is not within a historic district and has no potential historic resources on site. As the existing church is proposed to be demolished, the subject property is required to be evaluated by the Historic District Commission (HDC). On January 18, 2024, the HDC reviewed the property for the historic significance and voted to not recommend historic designation of the property.
Conditions
Staff finds that the project proposal is consistent with the 2040 Comprehensive Plan and provides needed housing within walking distance of transit along with additional public benefits. Thereby, staff recommends that the Mayor and Council approve Floating Zone Map Amendment MAP2024-00120 and Project Plan PJT2024-00019, and approve the requested waivers, subject to the findings identified in this report and the following conditions, to be incorporated into a Resolution for Mayor and Council consideration:
Planning and Zoning
1. The proposed development must be designed and constructed in a manner consistent with the concept design, graphic conceptual representation, and all associated development tables included in the project plan set.
2. Prior to approval of any occupancy permit for the proposed residential units, the Applicant shall provide documentation to Community Planning and Development Services (CPDS) demonstrating payment to the Twinbrook Community Recreational Center in the amount of $10,000 for a public benefit contribution to expanding recreational opportunities in the Twinbrook neighborhood.
Forestry
3. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of a Final Forest Conservation Plan (FFCP) and a landscape plan. The applicant may submit these plans with the site plan signature set.
4. Before FFCP approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester.
5. Before pruning or cutting any trees within the right-of-way, the applicant must obtain and submit to the City forester an MDNR Roadside Tree Permit for the work.
DPW - Engineering
6. The Applicant shall dedicate for public use right-of-way along Ardennes Avenue and Halpine Road. The right-of-way to be dedicated shall be in accordance with the Project Plan and exhibits. Any deviation must be approved by the Director of Public Works at the Site Plan phase.
7. The Applicant must construct all necessary public improvements, including but not limited to curb ramps, street trees, streetlights, and street light conduits in accordance with all applicable City standards or the standards of the jurisdiction of the corresponding right-of-way. Public improvements must be located within the right-of-way or within a Public Improvements Easement as approved by the Director of Public Works.
8. The Applicant must construct all public improvements within the Property per City standards and specifications, except as otherwise approved or waived. Minor deviation from the approved cross-sections requires approval from the Director of Public Works at the Site Plan phase.
9. The Applicant shall grant to the City Public Improvement Easements (PIE) as shown on the Project Plan and exhibits. Any deviation from the location of the PIE must be approved by the Director of Public Works at the Site Plan phase.
10. The Applicant shall grant a Public Access Easement across the entire width of the privately maintained alleys.
11. The Applicant shall comply with the conditions of DPW’s Water & Sewer Authorization Approval Letter dated May 10, 2024.
12. The Applicant shall comply with the conditions of DPW’s Pre-Application SWM Concept Approval Letter dated December 12, 2023.
13. The Applicant shall construct dry utilities underground within Public Utility Easements unless otherwise permitted to be located elsewhere by the Director of Public Works. At the Site Plan phase, the Applicant shall submit a conceptual dry utility plan to be approved by both the utility companies and the Department of Public Works.
DPW - Traffic and Transportation
14. Prior to the approval of the site plan signature set, the applicant shall submit to DPW for review and approval by the Chief, Traffic and Transportation Division, a detailed signing and marking plan prepared in accordance with the latest edition of the Maryland Manual on Uniform Traffic Control Devices (MD-MUTCD).
Public Art
15. The Publicly Accessible Art in Private Development requirement applies to this project. Applicant must submit a concept plan with the submission of a site plan or project plan application.
16. Prior to the issuance of a building permit, the applicant must complete and provide an application and required attachments including a final plan.