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City of Gaithersburg Planning Commission met June 6.

Meeting 10

City of Gaithersburg Planning Commission met June 6.

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 Absent

Ruthzaly Weich Commissioner Present

Danielle Winborne Commissioner Present

Philip Wessell Alternate Commissioner Absent

Staff present: Assistant City Attorney Frank Johnson, Planning & Code Administration Director John Schlichting, Planning Division Chief Trudy Schwarz, Long-Range Planning Manager Rob Robinson, Planners Greg Mann, Kirk Eby, Laura Howell, Caroline Seiden, and Ray Roakes, and Administrative Technician Myriam Gonzalez.

2. Approval Of Minutes

A. Regular Session held May 16, 2018

Motion was made to Approve the Minutes of the May 16, 2018, Session.

Result: Approved [Unanimous]

Mover: Ruthzaly Weich, Commissioner

Seconder: Matthew Hopkins, Commissioner

For: John Bauer, Matthew Hopkins, Ruthzaly Weich, Danielle Winborne

Absent: Lloyd Kaufman, Philip Wessell

3. Recommendations To 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 located the property, recapped the last review at the Planning Commission meeting on April 4, 2018, and introduced the applicant.

Applicant representative Sean Hughes, Esq., Miller, Miller and Canby, thanked staff for their guidance to bring back this project with the best plan option. He discussed and contrasted the plan the Commission reviewed before and the current proposal and showed before and after computer renderings of the building with a rooftop antenna enclosure.

There was no testimony from the audience.

Ms. Seiden voiced staff's recommendation for approval, noting that the staff report listed some exhibits in Condition 2 in error. Staff recommended the following conditions:

1. At such time as T-Mobile and its successors and assigns ceases to use this facility, the antennas, equipment shelter, backup generator, and associated equipment shall be removed by the applicant at the applicant’s expense;

2. T-Mobile is to submit an actual coverage threshold map to the Board of Appeals sixty (60) days after the equipment becomes operational. The maps will be the same type as that provided in Exhibits #7 and #8;

3. Installation of the telecommunications facility must be completed by June 13, 2019;

4. If the installation of the telecommunications facility is not complete by June 13, 2019, the petitioner must request a time extension, in writing, prior to that date and each subsequent year thereafter until such time as the installation is complete; and

5. Applicant is to submit final stealth materials to be approved by staff before the issuance of a telecommunications permit.

The Commission commented favorably.

Motion was made to recommend approval of Special Exception BOA-7814-2018 - 430 Allied Place, Rooftop Telecommunications Facility, to the Board of Appeals, based on the exhibits submitted, the applicant’s testimony and Staff’s Report, findings and recommendation, with the conditions listed above.

Result: Passed [Unanimous]

Mover: Matthew Hopkins, Commissioner

Seconder: Ruthzaly Weich, Commissioner

For: John Bauer, Matthew Hopkins, Ruthzaly Weich, Danielle Winborne

Absent: Lloyd Kaufman, Philip Wessell

4. Recommendations To Mayor And City Council

A. SDP-7712-2017: Kentlands Square Infill Sites, part of Parcel L Block Q, MXD (Mixed Use Development) Zone, Addition of 16000 sq. ft. commercial and minor site changes, including the second revision to the drive-thru layout - Schematic Development Plan: Recommendation To Mayor & City Council

Planner Eby provided a summary of previous reviews of this application, beginning with the October 16, 2017 joint public hearing, and noted this is the Commission’s second follow up recommendation to the City Council. He indicated that, based on the Council’s comments at their April 16, 2018, policy discussion, the applicant has submitted a revised plan, which is the purpose of this review. He presented the new plan, noting the redesign of the relocated drive-thru away from the parking area and contrasted the previous and new proposals. He answered questions of the Commission and voiced staff's recommendation for approval with conditions as listed in the Staff Report.

The Commission commented favorably on the new proposal. Commissioner Weiss, however, objected to the drive-thru, asserting that it is part of a vehicular circulation system that is not supported by the MXD Zone, which encourages pedestrian systems. Chair Bauer noted the drive-thru does not impact or detract from pedestrians as the design increases the pedestrian amenities and access. Commissioners Winborne, Hopkins and Bauer considered the proposal an asset to the community due to the project's enhancement of pedestrian activity and support of the automobile-oriented shopping center's economic viability. They also favored the plan’s reduction of parking and impervious area and its substantial reduction of vehicular circulation. Following the Commission's discussion of the evolving nature of automobile use and transportation choices, Mrs. Weiss suggested a condition for a five-year time limit to begin construction on the interim infill sites.

Planner Eby listed the conditions recommended for an approval recommendation to the City Council:

1. The Applicant, as part of any final site plan application, must revise the limits of disturbance shown on the stormwater management plan and must provide mitigation as required by the Department of Public Works;

2. The Applicant, as part of the first final site plan application, must include a phasing plan detailing the timing of construction for temporary and permanent pedestrian streetscape improvements and changes to the parking lot; and

3. The Applicant must construct or have under construction at least one of the infill sites within five (5) years from the time of SDP approval, or the Applicant is required to re- submit the application for the remaining unconstructed development for further consideration.

Motion was made to recommend SDP-7712-2017 - Kentlands Square Infill Sites, for approval to the Mayor and City Council, based upon the evidence and testimony submitted into the record and the findings and recommendation of the Staff Analysis, with conditions as listed above.

Result: Passed [3 To 0]

Mover: Danielle Winborne, Commissioner

Seconder: Matthew Hopkins, Commissioner

For: John Bauer, Matthew Hopkins, Danielle Winborne

Abstain: Ruthzaly Weich

Absent: Lloyd Kaufman, Philip Wessell

B. Sketch Plan: SK-7837-2018: To establish a new sketch plan for the Market Square shopping center Recommendation To Mayor & City Council

Long-Range Planning Manager Robinson located the area under consideration, noting that specific goals and visions for this area were provided in the Kentlands Commercial District Master Plan, approved in 2008, which he briefly listed. He discussed the main points that were raised at the April 16, 2018, joint public hearing, and presented the plan under consideration this evening, listing the elements and allowed uses of the plan and noting new additional identifications for open green strategies (Block E&F). Mr. Robinson discussed in detail the densities and phasing, height ranges, road hierarchy and connectivity, context and sight lines. He indicated the applicant wishes to add commercial child care, based on a recent text amendment to the MXD Zone, which is not reflected in the Commission's review, but will be a part of the City Council's.

He voiced staff's recommendation for approval and answered questions regarding road hierarchy and transitions, among other plan aspects. Commissioner Weich noted that Kentlands Boulevard is not addressed on the plan and asked that a stipulation be added that primary facades should front on Kentlands Boulevard. Commissioner Hopkins voiced a preference for higher density to encourage pedestrian traffic and economic vitality along Main Street. Commissioner Weich favored the backs of live-work units fronting along the drive aisle, and no townhouses or 2-over-2 units on Blocks A/D/C to ensure those blocks provide a continuous walkable destination. She supported the heights proposed in mid-block. Also discussed was the exclusion of single-family homes on the aforementioned blocks. Commissioner Hopkins preferred leaving the single-family units as proposed, noting their location can be considered at the preliminary plan review level.

The Commission voiced their support and approval of the sketch plan; noting the Commission's recommendation to the City Council should emphasize the importance of Kentlands Boulevard, as it relates to the future design of the Blocks fronting it, and that the plan should acknowledge its importance. The Commission also recommended that commercial child care centers should be included as an allowable use. The Commission was not in agreement, however, on whether single-family housing types should be allowable uses on Blocks A, D, and C and recommended that the Council decide if these residential styles are appropriate. The Commission was divided between allowing greater flexibility in housing stock options in the outer phases or limiting possible future residential to a greater density model (multi-family) because of proximity to the existing live-work units.

Motion was made to recommend to SK-7837-2018 - Market Square Shopping Center, for Approval the City Council, based upon the findings and recommendations of the Staff Analysis and the evidence of record.

Result: Passed [Unanimous]

Mover: Danielle Winborne, Commissioner

Seconder: Matthew Hopkins, Commissioner

For: John Bauer, Matthew Hopkins, Ruthzaly Weich, Danielle Winborne

Absent: Lloyd Kaufman, Philip Wessell

5. Site Plans

A. SP-7836-2018: 525 South Frederick - Addition of new exterior stair for egress and parking lot update for the property located at 525 South Frederick Avenue in the CD (Corridor Development) Zone: Final Site Plan

Planner Roakes presented this application for an existing commercial use with the addition of an exterior staircase on the second floor and parking lot improvements that include a new garbage enclosure.

Project Engineer Geoffrey Ciniero presented the proposed site plan, noting the L-shaped staircase and the dumpster location. He indicated the parking lot will be restriped and additional lighting installed. He answered questions regarding the landing of the stairs as it relates to the dumpster location. The internal circulation was shown and discussed.

The Commission commented favorably.

Planner Roakes voiced staff 's recommendation for approval, as the application meets the approval criteria of the Zoning Ordinance, with the following conditions:

1. Applicant must receive approval of a final record plat prior to the issuance of any permits;

2. Neon signage, string lights, and pennants facing any exterior area are prohibited;

3. The display or storage of any material and merchandise outside the building and/or in any yard is prohibited; and

4. All vehicles shall be parked in the rear parking lot, no vehicles associated with the business shall be permitted to be parked in the front or side yards.

Motion was made to grant SP-7836-2018 - 525 South Frederick Avenue, Final Plan Approval, based on the exhibits submitted, the applicant’s testimony, and staff’s findings and recommendations, and finding it in compliance with Zoning Ordinance §§ 24-170 and 24-171, with the conditions listed above.

Result: Passed [Unanimous]

Mover: Danielle Winborne, Commissioner

Seconder: Matthew Hopkins, Commissioner

For: John Bauer, Matthew Hopkins, Ruthzaly Weich, Danielle Winborne

Absent: Lloyd Kaufman, Philip Wessell

6. From Commission

Ruthzaly Weich-

• Reported the results of the Main Street Study were presented to the Mayor and City Council at their June 4, 2018, Meeting.

• Announced the next lecture of the Kentlands Community Foundation Lecture Series is scheduled for July 17 at the Arts Barnes. Also, the Kentlands Under the Lights on June 16, and a classical music concert, Musica Viva, on the lawn of the Kentlands Mansion on June 23.

Danny Winborne-

• Announced the next Maryland Planning Commissioners Association Annual Conference will take place in the City on October 25 and 26, 2018, at Holiday Inn.

7. From Staff

Planner Mann-

• Listed upcoming meetings with the City Council on July 2 (joint public hearing on the CBD Zone), and July 9, 2018, (joint work session on results of CD Zone survey).

• Announced the next regular session of the Planning Commission is scheduled for June 20, 2018. Also announced was the first regular session in July, which will be on Thursday, July 5, 2018, due to the holiday on the 4th.

Planning & Code Administration Director Schlichting-

• Announced the City's FY 2019 Budget was approved on June 3, 2018.

• Reported the City Council closed its record on SDP-7712-2017 - Kentlands Infill Sites, on May 22, 2018. The application is scheduled for policy discussion at the City Council's Meeting on July 16.

• Announced SK-7837-2018, Market Square, is scheduled for policy discussion at the City Council’s Meeting on July 16.

• Announced Commissioners Hopkins and Winborne will be reappointed to the Planning Commission at the June 18, 2018, City Council Meeting.

• Announced a presentation on the concept design for the pedestrian bridge over Great Seneca Highway is scheduled on the City Council's August 6, 2018, Regular Meeting Agenda.

A. Sponsorship of Text Amendment to Amend Chapter 24 of the City Code, Article III, Entitled, “Regulations Applicable to Particular Zones,” Division 21, Entitled, “CBD Zone-Central Business District,” Section 24-160f.2., Entitled, “Uses Allowed,” to Amend Restrictions on Automotive and Self-Storage Uses

Planner Howell stated that staff is seeking sponsorship to amend restrictions on automotive and self-storage uses in the CBD Zone. She indicated that currently the Zoning Ordinance prohibits automotive uses in the CBD Zone, noting that all of Olde Towne is zoned CBD. She provided background relating to the sponsorship request, pointing out the Olde Towne Master Plan recommends allowing automotive repair uses in Area 3 of Olde Towne. She discussed staff's basis for a text amendment to allow automotive repair uses as a special exception, except within the Olde Towne District, where automotive and self-storage uses would be prohibited.

Staff answered questions regarding the type of restrictions of the special exception, adding that automotive sales would still be prohibited. Ms. Howell presented a map showing the location of existing auto repair and self-storage uses in the area under consideration, pointing out the uses currently located in the core of Olde Towne would remain unchanged by the text amendment. She noted a joint public hearing with the City Council has tentatively been scheduled for July 2, 2018.

Motion was made to Sponsor a Text Amendment to amend restrictions on automotive and self-storage uses in the CBD (Central Business District) Zone.

Result: Passed [Unanimous]

Mover: Danielle Winborne, Commissioner

Seconder: Matthew Hopkins, Commissioner

For: John Bauer, Matthew Hopkins, Ruthzaly Weich, Danielle Winborne

Absent: Lloyd Kaufman, Philip Wessell

B. 704 Quince Orchard Road - Staff Request for Delegated Authority from the Planning Commission for a Minor Amendment to Final Site Plan in the E-1 (Urban Employment) Zone

Planner Mann requested the Commission delegate authority to staff to make a final decision on a minor plan amendment, AFP-7914-2018, 704 Quince Orchard Road, for restriping the parking lot to 9-foot spaces, noting the stalls are presently 10 feet. He noted the Commission had delegated authority to staff at the May 2, 2018, Meeting, for approval of a minor amendment for changes associated with an existing building vestibule on the subject property. The Commission consented.

8. Adjournment

There being no further business, the session was adjourned at

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