Subject
title
Introduction and possible Adoption of an Ordinance to grant Floating Zone Map Amendment Application MAP2024-00120, 5906 Halpine Road, a Request to Rezone the Property from the R-60 (Single unit Detached Dwelling, Residential) Zone to the RF-FZ (Residential Flexible-Floating Zone); Pulte Home Company, LLC., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends the adoption of the proposed Ordinance, which constitutes approval to rezone the property.
If the Mayor and Council wish to adopt the ordinance at this meeting, the ordinance must be introduced and the layover period must be waived by the Mayor and Council. Waiving the layover period requires an affirmative vote by at least six (6) members. Once the motion to waive the layover period passes, the Mayor and Council may proceed to adopt the ordinance.
Discussion
Cases: Floating Zone Map Amendment MAP2024-00120
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: September 9, 2024
Executive Summary
This project contains two associated applications; a Floating Zone Map Amendment Application and a Project Plan Application. Previously, these applications were presented in one combined staff report. As the project is being considered for decision by the Mayor and Council at this meeting, the applications are covered in two separate staff reports within this agenda to account for the specific actions that will be considered for each application. The Mayor and Council must first decide on an Ordinance for the Floating Zone Map Amendment and then act on a Resolution for the Project Plan.
Update Based Upon Discussion and Instruction
At the August 5, 2024 meeting, the Mayor and Council directed staff to prepare an Ordinance for Floating Zone Map Amendment Application MAP2024-00120 and an associated Resolution to approve Project Plan Application PJT2024-00019. The staff has drafted the attached Ordinance that includes the proposed findings for the Floating Zone Map Amendment application. The Resolution for the Project Plan Application is included in a separate item in this meeting agenda.
The Mayor and Council also requested that staff review the regulations about including signage with a project’s art requirement. 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. Staff has reviewed the matter and believes the regulations do prevent including signage for the neighborhood with the proposed art piece. Staff believes that the matter regarding installing neighborhood signage should be considered apart from this project. The 2040 Comprehensive Plan recommends consideration of installing neighborhood welcome signage on major roads leading into the Twinbrook neighborhood, and city staff are currently developing plans to implement this recommendation.
While not required for the project, the Applicant has indicated a willingness to provide some sort of community signage. Staff will continue to collaborate with the Applicant towards providing some form of community signage for the project.
The Mayor and Council also requested that staff respond to the community input provided which expressed concerns on the requested waivers and impacts to adjacent forest conservation easements. Staff has provided this response to residents to clarify the purpose of the requested waivers and detail the protective measures proposed for the forest conservation easements.
As indicated in previous reports on this project, the Applicant will provide a $10,000 financial contribution to the Twinbrook Community Recreational Center as a component of the project’s public benefit requirement. This financial benefit is anticipated for programs and/or improvements planned for the recreational center as determined by Recreation and Parks staff.
The following summary and sections related to both the Ordinance for MAP2024-00120 and the Resolution for PJT2024-00019 were previously provided in the Public Hearing and Discussion and Instructions reports with additions related to the feedback from those meetings.
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 waivers 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 the 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 minimum 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)
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.
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)
(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 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
If the Mayor and Council adopt the proposed Ordinance for the Floating Zone Map Amendment and the proposed Resolution for the Project Plan, the applications will be approved, and the Applicant may proceed with the Level 2 Site Plan phase of the development review process.