Subject
title
Level 2 Site Plan Application STP2024-00474, to Permit Construction of 36 Two-over-two Stacked Residential Condominium Units at 5906 Halpine Road in the RF-FZ (Residential Flexible-Floating Zone); Pulte Home Company, LLC., Applicant
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Department
CPDS - Development Review
Recommendation
Staff recommends approval of Level 2 Site Plan STP2024-00474, based on the findings and conditions of approval contained in this report.
Overview
Cases: Level 2 Site Plan STP2024-00474
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: December 15, 2023
Meeting
Date: October 9, 2024
Executive Summary
Pulte Home Company, LLC (the “Applicant”) has filed this Level 2 Site Plan to construct a total of 36 two-over-two stacked condominium units at 5906 Halpine Road (the “Property”). The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan, as outlined in Section 25.07.01.a.3(a) of the Zoning Ordinance (the “Ordinance”).
After a comprehensive review of the application, staff has found that the application complies with all relevant City codes and policies. Based on the review, and as described in the proposed findings and recommended conditions, staff recommends approval of the site plan.
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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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.
Figure 1: Aerial map of 5906 Halpine Road. (Provided by City of Rockville)
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.
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)
Previous Related Actions
• 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 approved a 105-student 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.
• On September 9, 2024, Mayor and Council approved Floating Zone Map Amendment MAP2024-00120 and Project Plan Application PJT2024-00019 to rezone the Property from the R-60 (Single unit Detached Dwelling, Residential) Zone to the RF-FZ and allow the development of 36 two-over-two stacked condominium units, and approval of waivers to permit a 39.8 side yard setback and a layback slope of 43.8-degrees from the adjacent Cambridge Walk townhome property and a 35.3-degree slope from the confronting Halpine Road single-family properties.
Project Analysis
Master Plan
In their review of PJT2024-00019, the Mayor and Council found that the development proposal was not in conflict with the City of Rockville’s Comprehensive Plan (the “Plan”). The project is located within Planning Area 8 (Twinbrook and Twinbrook Forest) of the Plan. The Property is specifically identified in the Plan as focus area 9. This focus area provides several urban design and zoning recommendations for the site such which this project addresses, including:
• “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” (page 344).
• “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” (page 344).
• “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).
This application meets each of these three recommendations for zoning and urban design. The Property has been rezoned to allow for the residential use outlined in the Plan. The proposed residences will be built at the approximate building height and utilize specific design components such as massing articulation and landscaping to enable a sensitive transition to surrounding uses identified in the Plan. Therefore, the application is found to be compliant with the Plan.
Adequate Public Facilities Standards
In their review of Project Plan Application PJT2024-00019, the Mayor and Council found that the proposed residential development complies with the City’s adequate public facilities standards. No further evaluations of adequate public facilities is required.
1. 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 an Infill School Impact Area. The development is expected to generate 2 elementary school students, 1 middle school student and 2 high school students. The school standards of the 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 met the standards for the elementary and middle school levels and capacity at the high school level is slated to be adequate 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.
2. 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.
3. Traffic/Transportation - 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 Mayor and Council found that (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; (2) the project will not substantively alter or change vehicular traffic flow movements in and around the site; (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. The proposed development will generate -34 AM peak hour and -29 PM peak hour trips (based on the previously approved development for the site consisting of a church and 60-student daycare center).
Traffic and Transportation Review
Site Analysis:
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.
Access and Circulation:
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 both Ardennes Avenue and Halpine Road.
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 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.
Community Outreach
Notifications for the Site Plan application 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 project does not propose any specified visitor parking and the Ordinance does not require visitor parking. However, existing on-street parking along the site’s Ardennes Avenue frontage will remain to provide opportunities for visitor parking.
Approximately 29 emails and multiple phone calls were received from the public requesting information and expressing similar concerns about the project noted above and such feedback was provided in the reports for consideration of the previous Project Plan application, and are attached to this report (See Attachment ‘Public Testimony’). Since the approval of the Project Plan application, and as of the date of this report, staff has not received any additional communication on this application from any members of the public.
Findings
In accordance with Section 25.07.01.a.3(b) of the Ordinance, a site plan that implements all or a portion of an approved project plan is deemed to meet the findings of approval so long as the site plan complies with the conditions and requirements of the approved project plan and where the application will not:
1. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The project will replace an underutilized church and daycare use with a residential development that contributes to the City’s housing supply. The Applicant will employ a design that is sensitive to the surrounding neighborhood. The project will provide residences that are contextually sensitive and in scale with the variety of surrounding uses, as envisioned by the Plan. The proposal will also produce additional housing within walking distance of the Twinbrook Metro Station and promote further use of public transportation. The project complies with all applicable ordinances that ensure the public welfare. Additionally, the related project plan received unanimous approval from the Mayor and Council in which they found the project complaint with the City’s adequate public facilities standards.
Water and Sewer will be provided to the development consistent with the Water and Sewer Authorization letter dated May 10, 2024.
Stormwater Management (SWM) for this project will be provided in compliance with the attached Development SWM Concept approval letter, dated June 4, 2024 (see Attachment ‘SWM Concept Approval Letter’). The Development SWM Concept approval letter lists project specific conditions of approval. On-site SWM will be provided by the Applicant through Environmental Site Design (ESD) measures including planter box bioretention facilities and micro-bioretention facilities.
DPW review and approved the adequacy of the existing downstream storm drain system in a Safe Conveyance Study approval letter, dated June 5, 2024 (see Attachment ‘Safe Conveyance Approval Letter’). Staff has determined the storm drain system to have sufficient capacity to convey the proposed 10-year runoff from this project and thus would not be subject to deficiency mitigation as a result of the development.
2. Constitute a violation of any provision of the Zoning Ordinance or other applicable law;
Staff has reviewed the proposed development for compliance with the Ordinance and finds it to be consistent with the requirements. The Mayor and Council, having approved a Floating Zone Map Amendment and Project Plan applications for the Property, authorized the Property to be developed under the development standards of the MXNC Zone and approved waivers for the aforementioned side yard setback and layback slope requirements. The Applicant is complying with the remaining development standards as shown below.
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MXNC (Mixed-Use Neighborhood Commercial) Development Standards (Sec. 25.13.05) |
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Required |
Proposed |
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Maximum Height |
65 Feet with 15% open area |
52 Feet |
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Min. Open Area |
15% (9,576 Square Feet) |
38.4% (24,505 Square Feet) |
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Min. Public Use Space |
10% (6,384 Square Feet) |
10.2% (6,486 Square Feet) |
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Minimum width at front lot line |
10 Feet |
256 Feet along Halpine Road 272 Feet along Ardennes Avenue |
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Setback Abutting Public Right’s-of-Way |
0 Feet or 10 Feet if provided |
10 Feet along Halpine Road 10 Feet along Ardennes Avenue |
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Side Setback Abutting Residential |
25 Feet or height of building, whichever is greater |
39.88 (waiver approved by Mayor and Council) |
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Rear Setback Abutting Non-Residential Land |
0 Feet or 10 Feet if provided |
34 Feet |
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Parking (Sec. 25.16.03) |
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Land Use |
Rate |
Metric |
Count |
Required |
Provided |
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Dwelling, single use attached |
2 |
Units |
36 |
72 |
72 |
The proposed land use is compatible with the uses identified in the land use table in the Zoning Ordinance for the MXNC Zone and is 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) ensure thoughtful and sensitive design is utilized in this project.
The Ordinance requires 10% open space and 5% public use space be provided with a maximum building height of 45 feet, with the exception that building height can be increased to a maximum of 65 feet if a minimum open area of 15% and minimum public use space of 10% is provided. The Applicant has reserved enough land area to comply with the requirements for the additional building height up to a maximum 52 feet. The project will also include a neighborhood welcome message as part of the proposed improvements.
The Mayor and Council found that the development proposal is complaint with the CTR and that it will not substantively alter or change vehicular traffic flow movements in and around the site.
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 building code and other requirements will occur at the time of permitting or other applicable process.
3. Be incompatible with the surrounding uses or properties.
The proposed development will utilize a compatible design that integrates well with the surrounding neighborhood. The project consists of 36 stacked condominium units in a townhome style building form which will add to the housing stock with the Twinbrook neighborhood, as recommended by the Plan. Substantive and functional open and public use space is proposed in the form of pocket parks programmed with pedestrian furniture and landscaped areas around the perimeter of the site that will enhance the pedestrian facilities in the neighborhood. The development will integrate harmoniously within the surrounding residential neighborhood as it will utilize architectural features, massing and scale that will offer a compatible transition to other surrounding residential properties of varying intensities that include multi-family residential buildings, townhomes and single-family residences.
Conditions
Staff recommends approval of Level 2 Site Plan STP2024-00474, based on the above findings and following conditions of approval:
Development and Zoning
1. The Applicant must fully comply with the conditions of approval for Project Plan PJT2024-00019 as outlined in Resolution No. 15-24.
2. The Applicant shall sign and return the approval letter prior to finalizing the site plan signature set. The approval letter shall be included in the stamped approved signature set.
3. The proposed development will be designed and constructed in a manner consistent with the design, graphic conceptual representation, and all associated development tables included in the approved Level 2 site plan signature set.
4. Prior to the issuance of an occupancy permit for the residential units, the Applicant shall install a community welcome message into the development, either as a sign facing Ardennes Avenue or as part of the public art installation. The final design and location of the welcome message must be reviewed and approved by Community Planning and Development Services (CPDS) prior to approval of the signature set.
DPW - Engineering
5. Submission for review, approval, and permit issuance by DPW of the following detailed engineering plans, studies and computations, appropriate checklists, plan review and permit applications and associated fees. The following plans shall be submitted on 24”x36” City base sheets at a minimum scale of 1”=30’ unless otherwise approved by DPW.
a. Sediment Control Permit (SCP) - Submit Erosion and Sediment Control plans for all disturbed areas;
b. Stormwater Management Permit (SMP) - Submit Stormwater Management plans for on-site stormwater management;
c. Public Works Permit (PWK) - Submit plans for all off-site improvements and for work within the Halpine Road and Ardennes Avenue public rights-of-way and within any existing or required public easements. DPW will also review, approve and permit the construction of private improvements through the PWK permit, including collecting applicable fees. Final locations and dimensions of public improvements in the right-of-way including but not limited to water, sewer, and storm drain infrastructure, street signs, street trees, curb ramps, parking spaces, and streetlights will be determined in conjunction with the review of all Public Improvements Plans (PWK) and the Forestry Permit.
6. The Applicant must execute a Revocable License and Maintenance Agreement (LMA) for all private improvements, if any, including neighborhood signage, located within the public right-of-way. The LMA must define the private improvements allowed within the right-of-way and specify the applicant’s obligations to maintain the private improvements. The LMA must be executed by the property owner and other parties of interest and be submitted for review and approval by DPW and the Office of the City Attorney. The LMA must be authorized by the Mayor and Council prior to DPW issuance of any permit.
7. Prior to issuance of any DPW permit and prior to the recordation of a Final Record Plat, the Applicant must submit for review and approval by the Office of the City Attorney all necessary deeds, easements, agreements, dedications, and declarations. Drafts of the documents must be included with the initial submission of the engineering plans and must be recorded prior to issuance of DPW permits, unless otherwise allowed by DPW. All dedicated easements must be referenced on the Final Record Plats.
8. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alley and grant a minimum 1’ Public Improvement Easement (PIE) adjacent to Ardennes Avenue public right-of-way for maintenance of public sidewalks as shown on the proposed site plan. The PAE and PIE must be granted by separate document from the Final Record Plat, reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit.
9. If the Applicant proposes work within any easements that are held by entities other than the City and that are not proposed to be terminated or abandoned, the Applicant must demonstrate to DPW’s satisfaction that the applicant has the authority to undertake such work prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat.
10. The Applicant must post sureties in a form approved by the Office of the City Attorney for all permits based on the approved construction estimate. A separate surety is required for private improvements permitted through a PWK. Approval of sureties is coordinated through DPW staff. Sureties for all public infrastructure must be submitted and approved prior to recordation of plats dedicating right-of-way.
11. The Record Plat must include:
• Additional dedication of right-of-way (by the Applicant) for improvements to the south side of Ardennes Avenue;
• All necessary easements and abandonments.
12. Except for permits associated with the demolition of the existing building, no DPW permits will be issued prior to the recordation of the plats dedicating all necessary right-of-way to the City.
13. PWK permits must be issued for public infrastructure prior to the issuance of any building permits.
14. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
15. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated June 4, 2024.
16. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated June 5, 2024.
17. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated June 5, 2024.
18. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated May 10, 2024.
19. Location of dry utilities shown on the Site Plan is conceptual. Unless otherwise approved by the Director of Public Works, the final layout of the dry utilities shall not impact the locations of the proposed storm drain, water, sanitary sewer, SWM facilities, street trees and other public improvements.
DPW - Traffic and Transportation
20. Prior to the approval of the site plan signature set, the Applicant shall submit to DPW for review and approval by the Chief of the 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).
Recreation and Parks- Public Art
21. Prior to the issuance of an occupancy permit, approved artwork must be installed and inspected by the City.
Forestry
22. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of a Final Forest Conservation Plan (Final FCP) and a landscape plan. The applicant may submit these plans with the site plan signature set.
23. The Final FCP must be consistent with the PFCP approval issued on 10/1/2024. In addition to compliance with applicable codes, the Final FCP must meet the following requirements, unless modified by the City Forester:
a. Ensure that tree plantings meet the following minimum spacing requirements:
1. shade trees spaced 20 feet apart;
2. evergreens and ornamental trees spaced 15 feet apart;
3. all trees must be 10 feet from wet and dry utilities, except when under streets;
4. all trees must be 15 feet from streetlights and driveways;
5. all trees must be 10 feet from inlets;
6. shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
7. street trees may be planted atop stormwater conveyance pipes with a minimum 4 feet of cover and immediately behind curb.
b. Trees planted to meet FTPO requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).
c. Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.
24. Before Final FCP approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester.
25. Before planting new trees within existing green space or where pavement was previously located, the applicant must perform soil augmentation as required per the city’s FTPO notes prior to installation of new trees within existing green space or where pavement was previously located. The current ordinance notes at the time of Final FCP submission shall be included on the Final FCP.
26. Before planting new trees, the applicant must show the areas of soil removal and replacement.
27. All submitted plans must use current city tree tables, FTPO notes and details.
28. 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.
29. Any significant modification or revision to the approved Final FCP must be consistent with the Site Plan and submitted to the City Forester for review and approval.
30. Consistent with the PFCP approval dated 10/1/2024, the applicant must submit a tree management plan (at the time of Final FCP submittal), prepared by a certified arborist, and approved by the city, to ensure impacts to on-site and property adjacent trees will be appropriately managed and minimized.
31. Before the issuance of any sediment control permit or building permit, the applicant must obtain a forestry permit. Before the issuance of the forestry permit, the applicant must:
a. submit the FTP permit application and fee;
b. obtain approval of a Final FCP;
c. pay to the city any approved fee-in-lieu consistent with the requirements of the FTPO;
d. execute a five-year warranty and maintenance agreement in a form acceptable to the city;
e. post a bond or letter of credit approved by the city for eligible forestry improvements per the FTPO;
f. execute and record a forest conservation easement in a form acceptable to the city, unless otherwise satisfied; and
g. if required by staff, submit a non-native invasive management plan for review and approval by city staff.