Montgomery News

City of Gaithersburg Planning Commission met April 4.

Here is the minutes provided by the Commission:

1. Call To Order

The Regular Session of the Planning Commission was called to order at 7:30 pm with Chair John Bauer presiding.

Attendee Name; Title; Status; Arrived:

John Bauer; Chair; Present;

Matthew Hopkins; Commissioner; Present;

Lloyd Kaufman; Commissioner; Present;

Ruthzaly Weich; Commissioner; Present;

Danny Winborne; Commissioner; Present;

Philip Wessell; Alternate Commissioner; Absent;

Staff present: Assistant City Attorney Frank Johnson, Planning & Code Administration Director John Schlichting, Economic Development Director Thomas Lonergan, Planning Division Chief Trudy Schwarz, Planners Greg Mann, Caroline Seiden, Jasmine Forbes, and Administrative Technician Myriam Gonzalez.

2. Approval Of Minutes

A. Regular Session held March 7, 2018

Motion was made to approve the Minutes of the March 7, 2018, Regular Session.

Result: Approved [Unanimous]

Mover: Lloyd Kaufman, Commissioner

Seconder: Danny Winborne, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

3. Recommendation To The Board Of Appeals

A. BOA-7814-2018: Special Exception for a rooftop telecommunications facility at 430 Allied Place in the MXD (Mixed Use Development) Zone

Planner Seiden presented this application, located the site and noted staff did not make a recommendation as the applicant has proposed several options and staff is seeking the Commission's feedback.

Attorney for applicant, Sean Hughes, Esq., Miller, Miller and Canby, noted that T-Mobile's proposal is to place a telecommunication facility within a 10-foot high structure atop the four- level garage for the residential complex. He presented four design options and noted the large coverage area and broad technology services require a large facility.

There was no testimony from the audience.

Commissioner Kaufman suggested the applicant needs to seek another option. Commissioner Hopkins noted that of all renderings presented, the pitch roof option was preferable for its architecture. Commissioner Weich noted the facility would be less obtrusive if the antennas were not concealed. It was noted that option is not permitted in the MXD Zone. Chair Bauer directed the applicant seek an optional feature that's more compatible and proportionate to the building, e.g., a combination of penthouse extension and chimney design.

Motion was made to defer Special Exception BOA-7814-2018 - 430 Allied Place, Telecommunications Facility.

Result: Deferred [Unanimous]

Mover: Lloyd Kaufman, Commissioner

Seconder: Danny Winborne, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

4. Site Plans

A. SP-7789-2017: Megamart Grocery - 26,600 Square Feet Grocery Store at 7 Dalamar Street in the C-2 (General Commercial) Zone Concept Site Plan

Planner Seiden located the site and presented this application to place a grocery store on the location of the former Golden Bull Restaurant. She reported the Historic District Commission has approved the applicant's demolition request, since the structure does not meet the historical significance criteria. She indicated that several parking waiver requests would be part of the next plan review.

Erick Velasquez, Megamart co-owner, provided a brief background about the business, noting it needs a larger facility than their current location.

Architect for the applicant, Jef Fuller, DNC Architects Inc., introduced the applicant's team. He presented and discussed the concept site plan details, noting, in particular, that although on-site parking is less than required, there would be additional public parking in the vicinity. In addition, Mr. Fuller pointed out that a portion of the shoppers are walkers to whom the store provides a shuttle service. The conceptual architecture was briefly discussed, noting awnings and some features from other Megamart stores which will be used. He voiced the applicants' agreement with staff's comments and requested the next review be for a combined preliminary/final site plan. He reported the applicants have filed an application for a demolition permit.

The following was testimony from the audience:

James Clifford, Esq., Clifford, Debelius, Boynton & Hyatt, representing Montgomery County Agricultural Center, voiced a concern with parallel parking on Dalamar Street during the fair days and other events due to access traffic to the fair grounds. He noted a reciprocal easement discussed in the Staff Comments is no longer necessary.

Planner Seiden noted that parallel parking off-site is not included to meet the parking calculations to meet requirements. She indicated that Conditions 1 and 3 listed in the Staff Comments for concept approval are no longer needed. She voiced staff’s support of the application, as it meets the conceptual approval criteria of the City Code, with the following conditions:

1. Applicant is to include results of State Highway Administration review of signal warrant study as part of Preliminary/Final Site Plan application;

2. Applicant shall update and record a new record plat for the confronting parking lot prior to the issuance of a site development permit for 7 Dalamar Street.

Commissioner Hopkins commented favorably on the proposed plan. The Commission shared his comments. Chair Bauer noted that staff would be deciding whether the site plan for the next review meet the submission requirements for a combined preliminary/final plan review.

Motion was made to grant SP-7789-2017 - Megamart Grocery, Concept Site Plan Approval, finding it conceptually in compliance with Zoning Ordinance § 24-170, with the conditions listed above.

Result: Passed [Unanimous]

Mover: Danny Winborne, Commissioner

Seconder: Lloyd Kaufman, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

B. SP-7805-2017: 315 East Diamond Avenue, Construction of a six-story mixed-use building, which includes five-story multi-family apartments, 8,663 square feet ground floor retail and three-level parking garage in the CBD (Central Business District) Zone, Preliminary/Final Site Plan

Planner Forbes located the property and presented this application, noting it includes two parking waiver requests and a forest conservation plan.

Applicant representative Kevin Ash, Ellisdale Construction Development, thanked staff for their assistance in making the plan ready for this review. He noted that discussions are ongoing with the City regarding public art and location. Mr. Ash noted that construction staging would include six weeks of exterior work.

Architect for the applicant, Steve Fotiu, The Eisen Group, gave an overview of the proposal for a mixed use building that is adjacent to a transit station and the Olde Towne Plaza. He presented and discussed the proposed site plan, noting the building will include a three-level parking garage. Mr. Eisen discussed the relationship between the garage and the adjoining plaza. He presented new features in the floor plan, elevation changes, public art opportunity and retail signage in accordance with Olde Towne guidelines.

Engineer for the applicant, Philip Rhodes, A. Morton Thomas and Associates Inc., presented an engineering plan and discussed site details, grading, landscaping, forest conservation, stormwater management, interior circulation, and retaining wall elevations.

Traffic Engineer for the applicant, Katie Wagner, Gorove/Slade Associates Inc., provided clarification of turning radii at the site access and discussed a parking waiver request for a drive aisle width of four feet on the two upper levels of the garage. Mr. Fotiu discussed a second parking waiver request for an 11 percent slope of the garage lower level ramp and a smaller waiver for the second-level ramp.

Speakers from the audience:

George Winkler, 401 East Diamond Avenue, reported he did not received notification of the proposal until the past week. He voiced concerns over the impact of this parking proposal on the businesses and retail in Olde Towne, including from construction traffic. He pointed out there is a fiber optic line under the proposed garage and a splice box on a concrete pole. Staff noted Planning Commission review notifications were sent in accordance with Zoning Ordinance requirements.

Margaret McHale, 317 East Diamond Avenue, noted her salon and spa business would be negatively impacted from the parking shortage that would be created by this project in an already over populated area. She voiced safety concerns for her customers and employees that would walk to the City's existing parking garage.

Karim Morsely, Winkler Automotive Service Center business owner, shared the parking concerns, noting there is a significant parking shortage already.

James Clifford, Esq., 316 East Diamond Avenue, inquired about the lot size, units/acre, construction phasing, loading garage operations, whether pets would be allowed, underground utility lines, and Moderately Priced Dwelling Units (MPDU)'s surcharge. Staff noted that MPDU's are not required in Olde Towne.

Economic Development Director Lonergan noted this lot was always intended to have to be developed with a building. He pointed out, however, the City is in the process of searching other parking opportunities in Olde Towne.

Chair Bauer suggested the applicant keep good communication about the project with the community and meet with the community to find parking solutions. He inquired about pedestrian connectivity and safety and noted that crosswalks need to be clearly marked. Language for a new condition for a parking strategy was suggested.

Commissioner Weich commented on the retaining wall being unappealing. The Commission recommended the applicant utilize some relief to the wall material, whether veneer or a brick or stone wall form. Commissioner Hopkins recommended leaving flexibility for storefront tenants to design their fronts and ensure the leasing of space is successful. Commissioner Weich suggested a mural or artistic design be used on the blank elevation of the garage facing the small plaza by the train museum. It was noted the Budd Car would be relocated, at which time a design of the area would be determined. Chair Bauer suggested language to revise Condition 6 to address the blank elevation. Commissioner Hopkins encouraged the applicant to break up the east elevation to improve the pedestrian experience. Commissioner Hopkins was disappointed that a proposal for underground utilities, as recommended in the Olde Towne Master Plan, is not part of this plan. The Commission agreed with staff's findings and considered that with the conditions discussed this evening, the proposal meets the criteria for a combined preliminary/final plan approval.

Planner Forbes voiced staff’s recommendation for approval, subject to conditions as listed below. She noted, however, that staff identified a number of issues that are listed in a letter, and which need to be resolved before the signature of final site plans. She noted staff also recommends approval of the parking waiver requests. The following are the staff- recommended conditions for Preliminary/Final Plan approval:

1. Applicant is to comply with conditions attached to a letter from Planner Forbes to Kevin Ash, Ellisdale Construction, dated March 30, 2018, prior to the issuance of any permits;

2. Applicant is to receive approval of the site plans, photometric and lighting plans, Storm Drain & Paving plans, and the Signage, Pavement & Marking plan, Sidewalk plans, retaining wall plan, vehicular wayfinding signage by DPW prior to the issuance of any permits;

3. Applicant is to submit revised final site and architecture plans to address minor labeling and editing errors and omissions, to be approved by staff, prior to the issuance of any permits;

4. Applicant is to receive approval letters from all utility companies prior to the issuance of any permits;

5. Applicant shall receive approval and recordation of a final record plat prior to the issuance of any permits;

6. Applicant to submit a separate site plan amendment for the final Budd Car location, final west garage elevation and area to be reviewed by the Historic District Commission and approved by Planning Commission prior to issuance of permits;

7. Prior to submission of building permits, the Applicant shall provide a third party Sound Consultant report that identifies the sound transmission rating requirements for the exterior envelopes of dwelling units and incorporate mitigating materials in the architectural drawings submitted to the City for building permit;

8. The Builder will be required to provide the City of Gaithersburg a certification from the third party Sound Consultant that the materials required to mitigate sound transmission in the exterior wall of the building are installed in accordance with their report prior to the builder obtaining Final Use and Occupancy permits;

9. Applicant is to provide plans and agreements from Pepco outlining the relocation of the existing wooden Pepco pole at northeast corner of the site to accommodate the sidewalk connection to the existing sidewalk along East Diamond Avenue prior to issuance of permits;

10. Applicant is to provide maintenance, construction and/or permanent easements as required, for adjoining properties including; #317 East Diamond Avenue (Winkler Property), and the CSX Transportation Inc. (Railroad Property) which shall be approved by the City prior to issuance of permits;

11. Applicant is to provide temporary construction easements and permanent easements needed for the Property Line sidewalk as referenced in the Development Agreement and provide easement for construction and permanent maintenance of the proposed storm drain connection to the existing manhole on #5 South Summit Avenue (Olde Towne Park Plaza), which shall be approved by the City, shown on the Subdivision Plat and recorded prior to the issuance of any permits;

12. Applicant is to provide a sidewalk/public space maintenance agreement to the City, for the sidewalk, hardscape, lighting, and landscape elements located on the site and within the right-of-way of East Diamond Avenue establishing maintenance, repair and replacement obligations by the developer, which shall be approved by the City prior to the issuance of any permits; and

13. Applicant is to extinguish existing easements and rights-of-ways currently encumbering the property and grant appropriate Storm Drain Covenants and Stormwater Management Covenants to the City prior to the issuance of permits; and

14. If utilities are located in-field during construction activities and are found to conflict or impact the approved design, the applicant must promptly process plan revisions prior to further construction. Any adjustments to the site’s layout, utilities, or other scope must be per current State and City regulations;

15. Applicant to work with Staff to revise railings on the west elevation to reflect the final design of the Budd Car boardwalk; and

16. Applicant and Staff to work on future parking strategies for Olde Towne.

Motion was made to grant SP-7805-2017, Preliminary and Final Site Plan Approval, based on the exhibits submitted, the applicant’s testimony, staff’s report, findings, and recommendation, and finding it in conformance with Zoning Ordinance § 24-170, with the 14 conditions listed above.

Result: Passed [Unanimous]

Mover: Danny Winborne, Commissioner

Seconder: Lloyd Kaufman, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

Motion was made to grant SP-7805-2017 - 315 East Diamond Avenue, a parking waiver of four feet of the required 26-foot drive aisle dimension and a 11.5 percent garage ramp, finding it in conformance with Zoning Ordinance § 24-222A, with no conditions.

Result: Passed [Unanimous]

Mover: Danny Winborne, Commissioner

Seconder: Lloyd Kaufman, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

Ms. Forbes additionally noted that staff recommends granting approval of the Forest Conservation Plan, with the following condition:

1. Applicant is to submit revised Final Forest Conservation plans to address minor labeling and editing errors, to be approved by staff, prior to the issuance of any permits.

Motion was made to grant ENV-7860-2018, 315 East Diamond Avenue, Final Forest Conservation Plan Approval, based on the exhibits submitted, the applicant’s testimony, staff’s report, findings and recommendation, and finding it in compliance with City Code Chapter 22 , with one condition as listed above.

Result: Passed [Unanimous]

Mover: Danny Winborne, Commissioner

Seconder: Lloyd Kaufman, Commissioner

For: Bauer, Hopkins, Kaufman, Weich, Winborne

5. From Commission

Matthew Hopkins-

• Inquired about the status of discussions regarding the under grounding of public utilities in Olde Towne. Director Schlichting, noting there are no funds at present for a very costly project, commented on the significant impact of that endeavor would have on the community.

Danny Winborne-

• Reported the next Conference of the Maryland Planning Commissioners Association (MPCA) will take place in October 2018, and the MPCA is seeking a location in Gaithersburg. He invited the Commissioners to participate.

Lloyd Kaufman

• Reported an incident on Lakelands Drive with geese being run over by a motorist and called for respect of wildlife crossing streets during warmer weather.

6. From Staff

Planning Division Chief Schwarz-

• Announced the Financial Disclosure Statements Forms have been mailed. She asked they be returned promptly.

Planning & Code Administration Director Schlichting-

• Announced a joint public hearing on Sketch Plan SK-7837-2018, KIMCO at Kentlands Market Square shopping center, is scheduled for April 16, 2018. At that meeting, the City Council will also conduct a public hearing on the FY 2019 Budget.

• Announced SDP-7712-2017, Kentlands Square Infill Sites, is scheduled for Policy Discussion at the April 16, 2018, City Council Meeting.

Assistant City Attorney Johnson-

• He will be co-training in an Open Meetings training workshop on April 12 for Prince George's County MML Chapter, and for the Maryland City/County Managers on April 24.

7. Adjournment

There being no further business, the session was adjourned at 10:14 pm

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