ATTACHMENT A - Montgomery Planning Board · The development is limited to a maximum of 121,528 square feet of total development on the Subject Property, including up to 89,780 square

ATTACHMENT A

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MCPB No. 15-145Sketch Plan No. 320160010Brightview BethesdaDate of Hearing: December 10,2015

RESOLUTION

WHEREAS, under Section 59-7.1.2 of the Montgomery County ZoningOrdinance, the Montgomery County Planning Board is authorized to review sketch planapplications; and

WHEREAS, on July 23, 2015, Shelter Development, LLC ("Applicant") filed anapplication for approval of a sketch plan for a maximum density of 121,528 square feetof development consisting of up to 89,780 square feet of assisted living use with up to120 assisted living dwelling units, up to 28,623 square feet of office use, and up to3,125 square feet of other nonresidential (retail, restaurant, or service) uses on 1.39gross acres of CR 3.0 C 1.0, R 2.75, H 90 T and CRN 0.5 C 0.5, R 0.25 H 35 zoned-land, located in the northeast quadrant of the intersection of Rugby Avenue andGlenbrook Road ("Subject Property") in the Bethesda CBD Policy Area and WoodmontTiangle Amendment to the Bethesda CBD Sector PIan ("Sector Plan") area, and

WHEREAS, Applicant's sketch plan application was designated Sketch Plan No.320160010 Brightview Bethesda ("Sketch Plan" or "Application"); and

WHEREAS, following review and analysis of the Application by Planning Boardstaff ("Staff') and other governmental agencies, Staff issued a memorandum to thePlanning Board, dated November 25, 2015, setting forth its analysis andrecommendation for approval of the Application subject to certain binding elements andconditions ("Staff Report"); and

WHEREAS, on December 10,2015, the Planning Board held a public hearing onthe Application at which it heard testimony and received evidence submitted for therecord on the Application; and

WHEREAS, at the hearing, the Planning Board voted to approve the Applicationsubject to certain binding elements and conditions, by the vote certified below.

Approved as toLegal Sufficiency: 1t-/aftY

20910 Phone:301,495.4605 Fax:301.495.1320

www.montgomeryplanniogboard.otg E-Mail [email protected]

MCPB No. 15-145Sketch Plan No. 320160010Brightview BethesdaPage 2

NOW, THEREFORE, BE lT RESOLVED that the Planning Board approvesSketch Plan No. 320160010, Brightuiew Bethesda, for a maximum density of 121,528square feet of development consisting of up to 89,780 square feet of assisted living usewith up to 120 assisted living dwelling units, up to 28,623 square feet of office use, andup to 3,125 square feet of other nonresidential (retail, restaurant, or service) uses on theSubject Property, subject to the following binding elements and conditions:1

A. Bindinq Elements. The following site development elements are binding underSection 59-7.3.3.F of the Montgomery County Zoning Ordinance:

1. Maximum density and height;2. Approximate location of lots and public dedications;3. General location and extent of public open space;4. General location of vehicular access points; and5. Public benefit schedule.

All other elements are illustrative.

B. Conditions. This approval is subject to the following conditions:

'l . DensitvThe development is limited to a maximum of 121,528 square feet of totaldevelopment on the Subject Property, including up to 89,780 square feet ofassisted living use consisting of up to 120 assisted living dwelling units, up to28,623 square feet of office, and up to 3,125 square feet of other nonresidentialuses. The Sending Properties are collectively limited to 13,793 square feet ofnonresidential uses. The Subject Property and the Sending Properties togetherare collectively limited to a maximum total density of 135,321 square feet ofdevelopment.

2. Site PlanAny development within the Subject Property must receive site plan approval,including a review of all applicable public benefit point calculations.

3. FAR AveraqinqPrior to record plat approval, the Applicant must state the gross square footagetaken from any lot with reduced density in an instrument approved by the M-NCPPC Office of the General Counsel and must record the instrument in theMontgomery County land records. Final allocation of density will be determined

1 For the purpose of these bjnding elements and conditions, the term "Applicant" shall also mean tnedeveloper, the owner or any successor(s) in interest to the terms of this approval.


at the time of site plan review. The properties within the Site will transfer thefollowing square feet of development potential based on the existing zoning:

a. Sending Site A (8106 Norfolk Avenue, Lots 401 and 402) will betransferring 4,942 square feet of residential density to the SubjectProperty.

b. Sending Site B (8000 Norfolk Avenue, Lots 329 and 330) wiil betransferring 14,058 square feet of residential density to the SubjectProperty.

4. HeiqhtThe development is limited to the maximum height of 90 feet, as measured fromthe approved building height measuring point for the building.

5. Incentive DensityThe development must be constructed with the public benefits listed below,unless modifications are made under Section 59-7.3.3.1. Section 59-4.6.2.8requires properties taking advantage of FAR Averaging to exceed the minrmumpublic benefit points othenarise required by s0%. Total points must equal at least150 and be chosen from at least four categories as required by Section 59-4.5.4.A.2. The requirements of Division 594.7 and lhe Commercial/Residentiatand Employment Zones Incentive Density lmplementation Guidelines must befulfilled for each public benefit proposed. Final points will be established at siteplan approval.a. Transit Proximity, achieved through proximity to a Metrorail station;b. Connectivity and Mobility, achieved through provision of fewer than the

maximum parking spaces, transit access improvements, and provision ofwayfinding;

c. Diversity of Uses and Activities, achieved through providing opportunities forsmall businesses and enhanced accessibility for the disabled;

d. Quality of Building and Site Design, achieved through structured parking,public art, exceptional design, and architectural elevations; and

e. Protection and Enhancement of the Natural Environment, achieved throughbuilding lot termination, energy conservation and generation, cool roof,vegetated roof, and vegetated wall, and recycling facility plan.

6. Buildinq Lot Terminations ("BLTs")Prior to release of any building permit, the Applicant must provide proof ofpurchase and/or payment for the required BLTs.


7. Standard StreetscapeFor each site plan approved pursuant to this Sketch Plan, the Applicant mustprovide and install the Bethesda Streetscape Standard along the site planfrontage, including undergrounding of utilities.

BE lT FURTHER RESOLVED that having given full consideration to therecommendations and findings of its Staff as presented at the hearing and set forth inthe Staff Report, which the Planning Board hereby adopts and incorporates byreference (except as modified herein), and upon consideration of the entire record andall applicable elements of the Zoning Ordinance, the Board finds that as conditioned thenecessary elements of the Sketch Plan are appropriate in concept and appropriate forfurther review at site Dlan and that:

1. The Sketch Plan meets the objectives, general requirements, and standardsof the Zoning Ordinance.

a. DevelopmentStandards

The Subject Property includes approximately 1.39 acres zoned CR 3.0C1.0 R2.75 H 90T and CRN 0.5 C 0.5 R 0.25 H 35. The data table belowdemonstrates the Application's conformance to the applicabledevelopment standards of the zones.

Data Table

Subject Property

Lot 1 CRN

Lot 1 CR

Lot 2

Sending Site A (81.06 Norfolk Avenue)

Sendins Site B (8000 Norfolk Avenue

cRN-0.5

cR-3.0

cR-3.0

cR-3.0

cR-3.0

0.5

1.0

1.0

1.0

1.0

o.25

2.75

2.75

2./52.75

35

907

907

907

907

DEVELOPMENT STANDARD (59-4.5.4) PERMITTED/REQUIRED APPROVEDTract Area

Subject PropertySending Site A (8106 Norfolk Avenue)Sending Site B (8000 Norfolk Avenue)

SF

n/an/an/a

Acres SF

50,3394,O756,856

Acres1.39

0.090.L6

I oral n/a 7I,270 L.64Pr€vious Dedications

Subject PropertySending Site A (8106 Norfolk Avenue)

SF

n/an/a

Acres 5F

1,3,493

1,000

Acres0.310.02


DEVELOPMENT STANDARD (59-4.5.4) PERMITTED/REQUIRED APPROVEDSending Site B (8000 Norfolk Avenue) va 3,700 0.08I oral nla 18,193 o.42

Site Ar€aSubject PropertySending Site A (8105 Norfolk Avenue)Sending Site B (8000 Norfolk Avenue)

SF

n/anlanla

Acr€s SF

46,8463,O75

3,156

Acrcs1.080.07o.o7

Total n/a 53,077Helght (maximum)

Subject PropertyLot 1

Lot 2Sending Site A (8105 Norfolk Avenue)Sending Site B (8000 Norfolk Avenue)

Feet

3s/90909090

Fe€t

As existing90

As existingAs existing

Total Denslty (maximum)Subject Property

Lot 1 CRN

Lot 1 CR

LOt 2

Sending Site A (8105 Norfolk Avenue)Sending Site B (8000 Norfolk Avenue)

SF

9,28748,08177 ,2t4t2,22520,568

FAR

0.53.03.03.03.0

SF

9,28719,33592,90s

7 ,2835,510

FAR

0.5

3.6_t.)

L.tTotal L67,375 2.3 L5),J Z t 1.9

Total Crmmercial DenCty (ma$mum)Subject Property

Lot 1 CRN

Lot 1 CR

Lot 2

Sending Site A (8106 Norfolk AvenueSending Site B (8000 Norfolk Avenue)

SF

9,287t6,oz725,7384,O756,856

FAR

0.51.01.01.0

1.0

SF

9,28719,3363,t257 ,2836,510

FAR

0.51.2

0.11.5

L.ttotal 61,983 0.9 45,547 u,o

Total Residentlal Density (maxlmurn)Subject Property

Lot I CRN

Lot I CR

Lot 2

Sending Site A (8105 Norfolk Avenue)Sending Site B (8000 Norfolk Avenue)

SF

4,64444,O74

70,7807L,206L8,854

FAR

0.2 5

2.752.75z,tJ

SF

00

89,78000

FAR

00

3.500

I oTal 149,558 2.L 89,780S€tbacks - All Properties (mlnlmum)

StreetSide

Feet00

Feet0

0Publlc Open Space {mlnlmum)

Subject PropertySending Site A (8106 Norfolk Avenue)

SF

2,3420

PercentSYo

0

SF

6,0100

Percent73To

0


DEVETOPMENT STANDARD (59-4.5.41 PERMITTED/REQUtRED APPROVEDSending Site B (8000 Norfolk Avenue) 0 0 0 0total 2,342 5% 6,010 L3%

ParkingSubject Property

Minimum47

MaximumL54

Approved47

a)

b)

The intent of the CR zone is to:

lmplement the recommendations of applicable master plans.

As discussed in Finding 2 below, the Application substantially conforms tothe recommendations of the Sector Plan. The Application responds to theSector Plan's main goals, including enhancing the pedestrian realm,providing transit-oriented, mixed-use development, and providingopportunities for small businesses.

Target opportunities for redevelopment of single-use commercial areas andsuiace parking lots with a mix of uses.

Lot 2 of the Subject Property is currently improved with single-story, small-scale commercial buildings and associated surface parking. TheApplication will redevelop this single-use property with a modern, mixed-use development with structured below-grade parking. In total, theApplication will provide up to 120 assisted living residential dwelling unitsand 3,125 square feet of commercial uses in close proximity to transit andother essential services.

Encourage development that integrates a combination of housing types,mobility options, commercial serylces, and public facitities and amenities,where parking is prohibited between the building and the street.

The Application provides a mixed-use, transiforiented development in theCBD. The residential component of the Application is an assisted livingfacility, providing housing opportunities to senior citizens. The Applicationwill provide an opportunity for senior citizens to live in a pedestrian-friendly, transit-oriented central business district, where they will not bedependent on the ability to drive (or the need to have others drive them) tocontinue to participate socially and economically in the community. Theground floor commercial space provides opportunities for variousbusinesses to operate within the CBD, which will support residents andworkers in the CBD.


d)

The Application will provide new residential units for senior citizens andemployment opportunities in close proximity to the Bethesda and Medicalcenter Metro stations. The location of these uses within lz mile of hheMetro will encourage utilization of mass transit. Additionally, thestreetscape improvements along the Subject Property frontage willpromote pedestrian mobility.

No parking will be provided between the building and the street.

Allows a flexible mix of uses, denslfles, and building heights appropriate tovarious settings to ensure compatible relationships with adjoiningneighborhoods.

The Application provides a context-sensitive design and will complementthe surrounding uses - the taller portions of the building are locatedtoward the front and east sides of the Subject property, adjacent to themore intense CR-zoned properties, and the lower, four-story portion of thebuilding will be located closer to the adjacent garden apartment building,the two-story office building, and the single family dwellings beyond.

lntegrate an appropiate balance of employment and housing oppoftunities.

The Application will provide significant housing opportunities for seniorsand promote economic diversity. The Application will provide up to 120assisted living units. These units will provide an opportunity for seniorcitizens to live in a pedestrian-friendly, transit-oriented central businessdistrict, where they will not be dependent on the ability to drive (or theneed to have others drive them) to continue to participate socially andeconomically in the community. In addition to the residential opportunitiesfor senior citizens, the assisted living units will also provide employmentopportunities in fields such as elder care, medical services, and dining andcustodial staff.

The assisted living facility will provide additional opportunities for thosewho live in the CBD to work in close proximity to their residence.

The non-residential component of the Application will provide additionalretail uses for the future residents of the Subject Property and surroundingarea. The retail use will also provide employment opportunities in closeproximity to Metro.

e)


Standardize optional method development by establishing minimumrequirements for the provision of public benefits that will suppoft andaccommodate density above the standard method limit.

As discussed in Finding 6 below, the Application will provide the requiredpublic benefits from a minimum of five categories to achieve the desiredincentive density above the standard method limit.

Density TransferSection 59-4.5.2.8.3 of the Zoning Ordinance provides that density maybe averaged over two or more non-contiguous properties in the CR Zoneif:

Each provision under Section 4.5.2.8.2is safi'sfied, including:i. The propefties are under the same site plan or sketch plan; and, if

a sketch plan is required, the density avenging must be shown onthe sketch plan;

All Sending and Receiving Properties are encompassed by thisApplication.

ii. The resulting properlies are created by the same preliminarysubdivision plan or satisfy a phasing plan established by anapproved sketch plan;

All Sending and Receiving Properties are included in this Application andwill satisfy the phasing plan approved as part of the Sketch Plan. TheSending Properties are also included in the concurrent preliminary planapplication. The new development included in the Application will beconstructed in one ohase.

iii- The maximum total, nonresidential, and residential FAR limits applyto the entire development, not to individual properties;

As shown on the Sketch Plan data summary table, the density ofdevelopment on the combined lots does not exceed the total densitypermitted on separate lots. The entire development, including theSending Properties and the Subject Property, is limited to a total FAR of1.9, with a maximum non-residential FAR of 0.6 and residential FAR of1 .3, determined by the final mix and density bonus approved at site plan.

iv. The total allowed maximum density on a resulting propefty that isabufting or confronting a property in an Agicultural, Rural


b.

d.

D.

Residential, or Residential Detached zone that is vacant orimproved with an agricultural or residential use, does not exceedthat allowed by the propefty's zone; and

The Subject Property confronts R-60 zoned properties (i.e., ResidentialDetached land) at the intersection of Rugby and Norfolk Avenues. Thedensity of development on the Subject Property will not exceed the totalallowed maximum densities under the applicable Commercial/Residentialzones, as shown in Table 1 above.

v. Public benefits are required to be provided under any phasingelement of an approved sketch plan.

The new development included in the Application will be developed in onephase and will provide adequate public benefits.

The propefties are within % mile of each other or in a designated master-planned density transfer area;

The Sending and Receiving Properties are located wilhin /. mile of eachother. Additionally, the Sending and Receiving properties are all locatedwithin the Density Transfer Area of the Sector Plan.

The minimum public benefit points required under Section 4.5.4.A.2 areexceeded by at least 50%o; and

The Application will exceed the minimum public benefit points otheruiserequired by at least 50%, as demonstrated in Finding 6.

The applicable master plan does not specifically prohibit the averaging ofdensity between non-contiguous propefties.

The Sector Plan specifically encourages the averaging of density betweennon-contiguous properties, within the Woodmont Triangle area. The CRZone incorporates this goal.

General Requirements

i. Secfion 4.1.7.C.2 Building Height Measurement

Under Section 4.1.7.C.2, the building height of each street-frontingbuilding must be measured from the approved curb grade oppositethe middle of the front of each building. The subsequent site plan


lt.

t.

tv.

will show a building height measurement location that complies withthis section.

Division 6. 7. Sife Access

A driveway from Rugby Avenue will provide well-integratedvehicular access to the underground parking garage. pedestrianaccess will be provided via the existing sidewalk on Rugby Avenue,which will be enhanced with the Bethesda streetscape standard.

Division 6.2. Parking, Queuing, and Loading

The Application will be served by an underground parking garagefor adequate off-street parking.

Division 6.3. Open Space and Recreation

The Application has a 5 percent public open space requrremenr,which yields a requirement of 2,342 square feet of open space.The Application will provide 6,010 square feet of public open space,of which 4,660 square feet will be provided on Lot 1, and 1,350square feet will be provided on Lot 2, which is the lot fordevelopment of the assisted living facility. The public open spaceon Lot 1 was previously approved as public use and amenity spacein Site Plan No. 8198108'10, which approved the existing officebuilding. Because this is an existing condition ano no newdevelopment will occur on Lot 1, this portion of the public openspace will not be improved with new streetscape materials. Futurenew development on Lot 1 will higger the requirement to providenew streetscape materials along this frontage.

Division 6.4.General Landscaping and Outdoor Lighting

Landscaping and lighting, as well as other site amenities, will beprovided to ensure that these facilities will be safe, adequate, andefficient for year-round use and enjoyment by residents andvisitors. The Application will transform existing streetscape alongthe frontage on Rugby Avenue with new street trees, improvedsidewalk, and street lighting.


2. The Sketch Plan substantially conforms to the recommendations of the SectorPlan.

The Subject Property is within the boundaries of the 2006 Woodmont TriangteAmendment to the Bethesda CBD Sector Plan. The primary objective of theSector Plan is to spur the revitalization of the Woodmont Triangle Study Areaas a vibrant urban, mixed-use neighborhood that emphasizes residential,small-scale retail, the arts, and public amenities. More specifically, the SectorPlan recognizes that the transit-oriented location of the Woodmont Trianglemakes it a desirable and appropriate location for mixed-use, pedestrian-friendly development. Opportunities to retain existing businesses and expandopportunities for new businesses are encouraged, as are efforts to improvethe safety and character of the existing streets.

The Application will be the first senior assisted living facility established in theCBD and will provide an important opportunity to integrate - rather thanisolate - assisted living services into an urban setting. The location of theSubject Property will provide seniors in need of assisted living care withopportunities to enjoy and experience the amenities of an urban community.The location will also be a convenient option for family members alreadylocated in Bethesda who may desire to obtain care for their relatives closer tonome.

The Application includes a ground-floor retail component that will serveresidents and visitors of the facility while providing opportunities for small-scale businesses in the Woodmont Triangle.

The Application will provide streetscape improvements along the frontage ofthe Subject Property consistent with current Bethesda streetscape standards.Such streetscaping does not presently exist at this location, and will be asignificant transformation over existing conditions. The improvements willdirectly contribute to the goal of promoting an active and safe pedestrianenvironment in the Woodmont Triangle. The opportunity to upgrade thestreetscape at the Subject Property, near the new through-block connectionto Del Ray Avenue that has been established with the Woodmont Centralproject (Site Plan 820'110020, as amended), will allow a more comprehensivepedestrian network to emerge.

New public art is proposed, which the Sector Plan identifies as a prioritypublic amenity. Although the specific details of the public art component willbe refined through the site plan process, an initial concept has beensuggested. The art will convey the theme of Bethesda as a crossroadscommunity with connections to the outlying areas of the region throughout its

MCPB No. 15-145Sketch Plan No. 320160010Brightuiew BethesdaPage 12

history. The south-facing fagade and canopy are two likely areas forplacement of the art on the Subject Property

The Sector Plan also provides specific recommendations for building heights,with which the Application fully complies. Lot 2 and the front portion of Lot 1

are identified as part of Block 1 5. For these portions of the Subject property,the Sector Plan specifically recommends heights up to 90 feet and supportsthe use of density transfers, if needed, to achieve theses maximum heights.The specific heights approved with the Application comply with therecommendations of the Sector Plan, as well as with the mapped heights ofthe Commercial/Residential and Commercial/Residential NeighborhoodZones approved with DMA G-956. Maximum building heights in theApplication will be 90 feet.

3. The Sketch PIan safisfieg under Section 7.7.1.8.5 of the Zoning Ordinance,the binding elements of any development plan or schematic developmentplan in effect on October 29, 2014.

The Sketch Plan is not subject to a development plan or schematicdevelopment plan.

4. The sketch Plan achieves compatible intemat and extemal relationshipsbetween existing and pending nearby development-

The scale of the building will be appropriate for the location, with heights thatestablish a proper relationship with surrounding existing and plannedbuildings, and with the larger-scale buildings in the Woodmont TriangleDistrict. The overall massing is oriented to give prominence to the building'spresence on Rugby Avenue, and upper level setbadks will provide a transitionto the Battery Lane District to the north of the Subject property, including theadjacent garden apartments (where the R-10 Zone immediately abutting theSubject Property allows for maximum heights of 100 feet for apartmentbuildings). A study comparing the shaded areas of the garden apartmentcomplex before and after construction of the building shows that the buildingwill not substantially increase the amount of shadow that is cast onto thegarden apartment property. On December 21, the date on which the impactwould be the greatest, the study shows that at midday through the afternoon,a small area at the southern end of the southeastern building would beshaded that is not currently shaded in the absence of the building. In terms ofaesthetics, the Application will provide a visually pleasing, modern buildingthat will contribute positively to views in the CBD.


The Sketch PIan provides satisfactory general vehicular, pedestrian, andbicyclist access, circulation, parking, and toading.

The Subject Property is within walking distance to public parking garages andvarious public transit resources including the Bethesda and Medical CenterMetrorail Stations, WMATA busses, Ride-on busses, and the BethesdaCirculator. The Application will satisfy applicable minimum parkingrequirements on-site, even though parking demand for the assisted livingfacility use is not anticipated to be significant. The Applicant expects visitorito the building to make use of multiple modes of transit, which will allow theApplication to contribute to the maximization of Bethesda,s transitinfrastructure.

The Application will improve pedestrian circulation on Rugby Avenue andcontribute to the emerging pedestrian network in the Woodmont Triangle byproviding new streetscape. Notably, no sidewalk exists on the south side ofRugby Avenue across from the Subject property, which makes thestreetscape upgrades on the north side even more meaningful.

Loading will be accommodated on the Subject property, to the west of thebuilding.

The Sketch Plan proposes an outline of public benefits that supports therequested incentive density and is appropiate for the specific community.

Under Section 59.4.7.1.8, in approving any incentive FAR based on theprovision of public benefits, the Planning Board must consider:

1. the recommendations of the applicable master plan;2. CR Zone lncentive Density lmplementation Guidelines;3. any design guidelines adopted for the applicable master plan area;4. the size and configuration of the site;5. the relationship of the site to adjacent properties;6. the presence or lack of similar public benefits nearby; and7. enhancements beyond the elements listed in an individual public benefit

that increase public access to, or enjoyment of, the benefit.

The Planning Board finds that the public benefits proposed by the Applicantas set forth in the following table are appropriate in concept, and appropriatefor further detailed review. Final determination of public benefit point valueswill be determined at Site Plan(s).


Public Benefit Incentive Density Points

Total PointsPossible

Requested Approved inConcept

4J.3.8: Transit Proxlmity 20 20 204.7.3,Cr Connectivity and Mobility

Minimum Parking 10 10 10Transit Access lmprovement 20 10 10Wayfinding 10 t 5

4.7.3.P: Diversity of Uses and ActivitiesSmall Business Opportunity 20 10 10Enhanced Accessibility for the Disabted 20 20 20

4.7.3.E: quality of Euilding and Site DesignStructured Parking 20 20 20Public Art 15 15 15Exceptional Design 10 5 5Architectural Elevations 20 10 10

4.7.3.F: Protection and Enhancement of the Natural EnvironmentBuilding Lot Termination (BLT) 30 2.5 2.6Energy Conservation and Generation 15 t )Vegetated Wall 10 10 10Vegetated Roof 15 15 15Cool Roof 10 10 10Rerycling Facility Plan 10 5 J

TOTAT 150 Required L72.6 L72.6

Transit ProximitvThe Subject Property is located between lz mile and one mile of the entranceto the Bethesda and Medical Center Metrorail Stations, which allows thedevelopment to be eligible for Level 1 transit as defined in the ZoningOrdinance. The full 20 points are approved in concept, as provided in theZoning Ordinance for CR-zoned properties that are between % mile and onemile of a Metrorail station.

Connectivitv and MobilitvMinimum Parking: The Application will provide fewer than the maximumnumber of allowed parking spaces. The maximum number of allowed spacesis 154, but the Application will provide 47 spaces. The full 10 points areapproved in concept


Transit Access Improvemenf: The Application will improve crosswalks,sidewalks, and accessibility ramps at the intersections of Rugby Avenue atGlenbrook Road and Auburn Avenue. These improvements are locatedwithin Yz of the Subject Property and are not otherwise requiredimprovements along the Subject Property's frontage. The 10 points requestedare approved in concept.

Wayfinding: In conjunction with the streetscape improvements on Rugby andAuburn Avenue, wayfinding signs will be installed to direct pedestrians andbicyclists to the Bethesda Metrorail Station, the National Institutes of Health,Battery Lane Park, and other points of interest. The 5 points requested areapproved in concept.

Diversitv of Uses and ActivitiesEnhanced Accessibility for the Disabled: The Application will provide dwellingunits that satisfy the ANSI 41 17.1 Residential Type A standards foraccessibility, or an equivalent County standard. The full 20 points areapproved in concept

Sma// Busrness Opporlunities: All of the commercial space in the building willbe allocated to small businesses. The 10 points requested are approved inconcept.

Qualitv of Buildinq and Site DesiqnArchitectural Elevations'. The building is designed to provide ground-floortransparency. The ground-floor fagade is primarily glass, readily allowingviews into and out of the building. The building will have at least three publicentry doors on Rugby Avenue serving the retail spaces and the assisted livinglobby. These will be spaced apart to create both egress and opportunities fortwo-way visual interaction through the large picture windows. The certifiedsite plan will document these and other design elements and substantialconformance with the building design will be required of the Applicant. The 10points requested are approved in concept.

Exceptional Design'. Incentive density of up to five points is appropriate fordevelopment that meets at least four of the following criteria, and ten pointsfor development that meets all of them:

. Provides innovative solutions in response to the immediate contexto Creates a sense of place and serves as a landmark. Enhances the public realm in a distinct and original manner. Introduces materials, forms, or building methods unique to the immediate

vicinity or applied in a unique way


. Uses design solutions to make compact infill development living, working,and shopping environments more pleasurable and desirable on aproblematic site

r Integrates low-impact development methods into the overall design of thesite and buildings, beyond green building or site requirements.

The building will respond well to the immediate context, serving as a transitionbetween the 17-sotry buildings to the south and the two-story gardenapartments to the north. The building will serve as a landmark because of itsprominent location as a terminating vista at the end of the pedestrianconnection between Del Ray and Auburn Avenues, which was constructedwith the Woodmont Central project. The use of modern architecture on multi-story urban building, while not unique to the Woodmont Triangle area, is aunique application for an assisted living facility, which are typically built inlower density settings with more suburban-style design. The 5 requestedExceptional Design points are approved in concept, and a more detailedfinding will be made at the time of site plan review.

Public Art: The Applicant requests 15 points for installing public art on theSubject Property. The public art concept will be developed during thepreliminary plan and site plan process and will be presented to the Public ArtsTrust Steering Committee. The final points will be determined at the time ofsite plan review.

Structured Parking: Twenty points for structured parking consisting of 47below-grade spaces are approved in concept. This incentive is granted on asliding scale based on the percentage of spaces provided above and belowgrade.

Protection and Enhancement of the Natural EnvironmentBuilding Lot Termination: The Applicant must purchase BLT easements in anamount equal to 7.5o/o of the incentive density floor area. One BLT must bepurchased for each 3'1,500 square feet of gross floor area. With theseparameters, the Applicant must purchase 0.29 BLTs, which yields 2.6 points.

Cool Roof. All roof areas not covered by green roof or mechanical equipmentwill be covered by a cool roof having a minimum solar reflectance index of 75.

Energy Conservation and Generation: The Application will exceed energyefficiency standards by a minimum of 2.5Yo, which yields five points. This willbe achieved through the use of cool and vegetated roofs to minimize heatingand cooling loads. The building envelope will feature increased insulationand Energy Star labeled windows and doors. The building's mechanical


system will employ energy efficient HVAC systems and equipment. EnergyStar appliances and lighting will be selected to maximize energyconservation.

Recycling Facilities Plan: The Application will provide a recycling facility planthat complies with the Montgomery County Executive regulations 15-04AMand 18-04. The Application will integrate recycling facilities into the buildingand site design for easy accessibility. All residential units will be providedwith recycling bins, and recycling facilities will be provided at other designatedlocations in the common areas within the building and on-site. On-sitesignage will be provided to remind residents and employees about therecycling program. The 5 points requested are approved in concept.

Vegetated Roof Fifteen points are approved in concept for providingvegetated roofs with a soil depth of at least 4 inches and covering at least50% of the total roof excluding space for mechanical equipment.

Vegetated Wall: A vegetated wall, visible from Rugby Avenue, will be placedon the west side of the building, covering an area of at least 600 square feet.The green screen is located on an otherwise blank wall. The full 10 points areapproved in concept

7. The Sketch PIan establishes a feasrb/e and appropiate phasing plan forall structures, uses, nghfs-of-way, sidewalks, dedications, public benefits, andfuture preliminary and site plan applications.

The new development included in the Application will be built in one phase.

BE lT FURTHER RESOLVED that the Board's approval of a sketch plan is inconcept only and subject to further review at site plan, when, based on detailed review,the Board may modify the Sketch Plan's binding elements or conditions based on theMontgomery County Code, the Sector Plan, or other requirements; and

BE lT FURTHER RESOLVED that this Resolution incorporates by reference allevidence of record, including maps, drawings, memoranda, correspondence, and otherinformation; and

BE lT FURTHER RESOLVED that all binding site development elements shownon the latest electronic version of Brightview Bethesda Sketch Plan 320160010,submitted via ePlans to the M-NCPPC as of the date of the Staff Report, are required,except as modified by the above conditions of approval; and


BE lT FURTHER RESOLVED that this Resolution constitutes the written opinion

::ffi?ilt l g:, llflli ilil:",i xli ;i l[: :n"i:"!T :xrEB-*+-s (wh i c h s'fh e

CERTIF]CATION

This is to certify that the foregoing is a true and correct copy of a resolution adopted bythe Montgomery County Planning Board of the Maryland-National Capital Park andPlanning Commission on motion of Commissioner Presley, seconded by Vice ChairWells-Harley, with Chair Anderson, Vice Chair Wells-Harley, and CommissionersDreyfuss, Presley, and Fani-Gonz6lez voting in favor at its regular meeting held onThursday, December 17,2015, in Silver Spring, Maryland.

Montgomery County Planning Board

7-af

M oN rcournv

C ouN tv

PreN N rN c

Boeno

.I

rH s N {,..R YLAN D -N ATIoN AL

cAPITAL

PAR K

AN D PLAN N IN G coN lN {IssIoN

M C PB

N o. 15-146

Prelim inary

Plan N o. 120160010

Brightview

Bethesda

D ate of H earing:

D ecem ber 10,2015

R ESO LU TIO N

W H ER EAS, under

M ontgom ery

C ounty C ode

C hapter 50,

the M ontgom ery

C ounty

Planning Board

is authorized

to review

prelim inary plan

applications, and

W H ER EAS,

on

July 23, 2015,

Shelter D evelopm ent,

LLC

('Applicant")

filed

an

application for

approval

of a

prelim inary

plan

of subdivision

of

property

that w ould

create

tw o lots

on 1.39

gross

acres of land

in the C R 3.0

C 1.0, R 2.75, H

90 T and C R N

0.5 C

0.5,

R 0.25 H

35

zones,

located

in the northeast

quadrant

of

the

intersection

of R ugby

Avenue

and

G lenbrook R oad

("Subject

Property"),

in the Bethesda

C BD Policy

Area

and

W oodm ont Tiangle

Am endm ent

to the Bethesda

C BD Sector Plan

("Sector

plan")

area; and

W H ER EAS,

Applicant's

prelim inary

plan

application w as

designated

prelim inary

Plan

N o. 120160010,

Brightuiew

Bethesda

("Prelim inary

Ptan"

or

"Application");

and

W H ER EAS,

follow ing review

and

analysis of

the

Application

by Planning

Board

staff

("Staff')

and other

governm ental

agencies, Slaff issued

a m em orandum

to

the

Planning

Board,

dated N ovem ber

25, 2015,

setting forth its

analysis

and

recom m endation

for

approval of

the Application,

subject to

certain conditions

("Staff

R eport");

and

W H ER EAS,

on D ecem ber

10,2015,

the Planning Board

held a

public

hearing

on

the Application

at w hich it heard

testim ony

and received

evidence

subm itted for

the

record

on the Application;

and

W H ER EAS,

at the hearing

the Planning

Board voted

to approve the Application,

subject

to certain conditions,

by the vote

certified below .

N O W , TH ER EFO R E,

BE lT R ESO LVED

that

the Planning Board

APPR O VES

Prelim inary

Plan N o.

120160010

to create tw o lots

on the Subject Property,

subjectto

the follow ing

conditions:1

1

For

the

purpose

of these conditions,

the term

"Applicant"

shall also m ean

the develoD er, the

ow ner or

any successor(s) in interest

to the term s

of this approval.

l)Ec 2s

m

t+le/t{

307.495.4605

Fa*

301.495.1320

Approved as to

E-M ail: m cp-chait@ m ncppc-m c.otg

M C PB N o. 15-146

Prelim inary

Plan N o. 120160010

Brightuiew

Bethesda

Page2

1. Approval

is lim ited

to tw o lots

for a m axim um

density of 89,780

square feet

of

assisted living

use, consisting

of up

to

120

assisted

living units,

up to 28,623

square feet

of office uses,

and up

to 3,125 square feet

of

other nonresidentia

(retail,

restaurant,

or service) uses.

The

Applicant m ust

com ply w ith

the

binding elem ents

and conditions

of approva

for

Sketch Plan N o.

320160010,

as m ay

be am ended.

Prior

to approval

of any

site

plan,

the

Applicant

m ust subm it

for Staff review

and

approval a tree

save

plan

addressing

im pacted

trees, w ith

particular

focus

on the

off-site 43-inch

tree identified

as a red m aple

on the

existing conditions

plan

sheet,

prepared

by a M aryland

Licensed

Tree

C are Expert

w ho is

also

an

ISA

certified

arborist. The

tree

save

plan

m ust

address canopy

pruning

and

clearance,

stress reduction

m easures,

and any m itigation

plantings.

The Planning

Board

accepts

the

recom m endations

of

the M ontgom ery

C ounty

D epartm ent

of Perm itting

Services

('M C D PS')

-

W ater

R esources

Section

in its

storm w ater

m anagem ent

concept

letter

dated N ovem ber

18,

2015, and

hereby

incorporates

them

as conditions

of the

Prelim inary

Plan approval.

The

Applicant

m ust

com ply w ith

each

of the recom m endations

as set forth

in the

letter, w hich

m ay

be am ended

by M C D PS

-

W ater

R esources

Section

provided

that the

am endm ents

do not

conflict

w ith other

conditions

of the

prelim inarv

plan

approvar.

The

Planning

Board accepts

the recom m endations

of

the M ontgom ery

C ounty

D epartm ent

of

Transportation ("M C D O T")

in its letter

dated

N ovem ber

27,2015.

and hereby

incorporates

them

as conditions

of the Prelim inary

plan

approval,

except recom m endation

1 w ith respect

to right-of-w ay

dedication.

The Applicant

m ust

com ply w ith

each of the recom m endations,

except

recom m endation

1 w ith

respect

to rightof-w ay

dedication,

as

set forth in

the letter,

w hich m ay

be

am ended

by M C D O T,

provided

that

the am endm ents

do not

conflict w ith

other

conditions of

the

Prelim inary

Plan approval.

Prior

to recordation

of

plat(s),

the Applicant

m ust

satisfy the

provisions

for

access

and

im provem ents

w hich

are associated

w ith each

plat,

as required

by

M C D O T.

The Applicant

m ust

provide public

bicycle

parking

for

short-term

use along the

retail frontage

and near

public

open space.

Secure bicycle

parking

for

longterm

use m ust

be installed internal

to the

proposed

residential

buildings

or

garage.

Exact locations

and

quantities

w ill

be determ ined

at site

plan

review .

z.

2

4.

5.

M C PB

N o. 15-146

Prelim inary

Plan N o. 120160010

Brightview

Bethesda

Page

3

8. The Applicant

m ust

enter into

a Traffic

M itigation Agreem ent ("TM Ag")

w ith

the

Planning

Board

and M C D O T

to

participate

in

the Bethesda Transportation

M anagem ent

D istrict

and m ust

execute

the

TM Ag

prior

to the release

of any

above

grade

building

perm it

for

developm ent

on the

Subject

property,

exclusive

of any sheeting

and

shoring

perm it.

The

TM Ag

m ust include

trip m itigation

m easures

recom m ended

by M C D O T.

9. The certified

Prelim inary

Plan

m ust contain

the follow ing

note:

U nless

specifically noted

on this

plan

draw ing

or in the Planning

Board

conditions

of

approval,

the building

footprints,

building

heights,

on-site

parking,

site

circulation,

and sidew alks

show n on

the Prelim inary

plan

are illustrative.

The

final

locations

of buildings,

structures

and hardscape

w ill

be determ ined

at

the

tim e of site

plan

approval.

Please

refer

to the zoning

data

table for

developm ent

standards

such as

setbacks,

building restriction

lines,

building height,

and lot

coverage

for each

lot.

O ther lim itations

for

site

developm ent

m ay

also be

included in

the

conditions

of the Planning

Board's

approval.

1

0. The record

plat

m ust

show necessary

easem ents.

11.

N o clearing,

grading

or recording

of

plats prior

to certified

site

plan

approval.

12.Final

approval

of the num ber

and location

of buildings,

dw elling

units,

on-site

parking,

site

circulation,

and sidew alks

w ill

be determ ined

at site

plan.

13.

Include

the storm w ater

m anagem ent

concept

approval

letter,

M C D O T

recom m endation

letter,

and Prelim inary

Plan R esolution

on the

approval

or cover

sheet(s).

14.The

Applicant

m ust

construct

all road

and frontage

im provem ents

w ithin

the

rights-of-w ay

show n

on the

approved Prelim inary

plan

to

the full w idth

m andated

by the m aster

plan

and/or

to the design

standards

im posed

by

all applicable

road

codes.

15.The

Adequate

Public Facility ("APF")

review

for the

prelim inary

plan

w ill

rem ain

valid for eighty-five (85)

m onths

from

the date

of m ailing

of the

planning

Board

R esolution.

BE lr

FU R TH ER

R ESO LVED

that having

considered


and

findings

of its staff

as

presented

at

the hearing

and as

set

forth

in

the staff

R eport,

w hich

the

Board hereby

adopts

and incorporates

by reference

(except

as

m odified

herein),

and upon consideration

of the

entire record,

the Planning

Board

FIN D S,

w ith

the conditions

of

approval, that:

1. The Prelim inary

Plan substantially

conform s to

the M aster

ptan.

M C PB

N o. 15-146

Prelim inary

Plan

N o. 120160010

Brightview

Bethesda

Page

4

The Subject Property

is

w ithin the

boundaries

of the 2006 W oodm ont

Tiangle

Am endm ent

to the Bethesda

C BD Sector Plan.

The

prim ary

objective

of the

Sector Plan is

to spur the revitalization

of the W oodm ont

Triangle

Study Area

as

a

vibrant

urban, m ixed-use

neighborhood

that

em phasizes

residential,

sm all-

scale retail,

the arts,

and

public

am enities.

M ore

specifically, the

Sector

plan

recognizes

that the transit-oriented

location

of the W oodm ont

Triangle

m akes it

a

desirable

and

appropriate

location

for m ixed-use,

pedestrian-friendly

developm ent.

O pportunities

to retain

existing

businesses

and expand

opportunities for new

businesses

are

encouraged,

as are

efforts to im prove

the

safety and

character

of

the

existing

streets.

The Application

w ill

be the first

senior

assisted living

facility

established

in

the

C BD

and w ill

provide

an im portant

opportunity

to

integrate

-

rather

than isolate

-

assisted

living

services into

an urban

setting.

The location

of

the

Subject

Property

w ill

provide

seniors

in need

of assisted

living

care w ith

opportunities

to

enjoy and

experience

the am enities

of

an urban com m unity.

The

location

w ill

also

be a convenient

option for

fam ily m em bers

already located

in Bethesda

w ho

m ay

desire to obtain

care for

their relatives

closer to hom e.

The Application

includes

a

ground-floor

retail

com ponent

that

w ill serve residents

and visitors

of the facility

w hile

providing

opportunities

for sm all-scale

businesses

in the W oodm ont

Triangle.

The

Application w ill

provide

streetscape

im provem ents

along

the frontage

of the

subject Property

consistent

w ith

current

Bethesda

streetscape

standard!.

such

streetscaping

does not

presently

exist at

this location,

and

w ill be

a significant

transform ation

over existing

conditions.

The im provem ents

w ill

directly

contribute

to the

goal

of

prom oting

an active

and safe

pedestrian

environm ent

in

the

W oodm ont

Triangle.

The

opportunity

to upgrade

the streetscape

at

the Subject

Property,

near

the new through-block

connection

to D el R ay

Avenue

that

has

been established

w ith

the W oodm ont

C entral

project

(Site

plan

820110020,

as

am ended),

w ill allow

a m ore

com prehensive

pedestrian

netw ork

to em erge.

N ew

public

art is

proposed,

w hich

the Sector

Plan identifies

as a

priority

public

am enity.

Although the

specific

details of

the

public

art com ponent

w ill be

refined

through

the site

plan process,

an initial

concept has

been suggested.

The

art w ill

convey the them e

of Bethesda

as

a crossroads

com m unity

w ith connections

to

the outlying

areas of the

region throughout

its

history. The

south-facing

fagade

and canopy are

tw o likely

areas for

placem ent

of the art on

the Subject

property.

The

Sector Plan

also

provides

specific

rdcom m endations

for

building

heights,

w ith w hich

the Application

fully

com plies.

Lot 2 and

the front

portion

of Lot 1

are

identified

as

part

of

Block 15.

For these

portions

of the Subject

property,

the

M C PB

N o.

't5-146

Prelim inary

Plan N o. 120160010

Brightview

Bethesda

Page

5

Sector Plan specifically

recom m ends

heights

up to

g0

feet

and supports

the

use

of density

transfers, if needed,

to achieve

theses m axim um

heights.

The

specific

heights

approved w ith

the Application

com ply w ith


of

the

sector Plan,

as w ell

as w ith

the m apped

heights

of the

com m ercial/R esidential

and

C om m ercial/R esidential

N eighborhood

Zones

approved w ith

D M A

G -9S6.

M axim um

building

heights

in the Application

w ill

be

90

feet.

2. Public

facilities w ill

be adequate

to support

and service

the area

of the approved

subdivision.

A traffic

statem ent

(dated

June

5,

2015)

w as

subm itted for

the

Application

per

the

Local Area

Transpoftation

R eview ("LATR "),fransp

ortation

poticy

Area

R eview

('TPAR )

G uidelines

since

the

developm ent w as

estim ated

to

generate

less

than

30

peak-hour

trips

during

the typical

w eekday

m orning

(6:30

a.m .

-

9:30

a.m .)

and evening

(4:00 p.m .

-

7:00

p.m .)

peak

periods.

A

site trip

generation

sum m ary

for the

developm ent,

provided

in

the staff

R eport,

show s

that the Application

w iil

generate

five net

new

peak-hour

trips

during the w eekday

m orning

peak

period

and 20 net new

peak-hour

trips

during

the w eekday

evening

peak period.

The

Application

satisfies

APF requirem ents

through

the traffic

statem ent

and

does not

require further

traffic

analysis.

TPAR

R eview

since the

developm ent

is w ithin

the

Bethesda

cBD

policy

Area,

the Application

is

exem pt

from both

the roadw ay

and transit

tests set

forth in

the 2012-2016

Subdivision

Staging

Policy.

As

a

result,

the Applicant

is not required

to

pay

the

transportation

im pact

tax to

satisfy the

TPAR requirem ent.

O ther Public

Facilities

Public facilities

and services

are available

and w ill

be adequate

to

serve

the

developm ent.

The

Subject

Property

is

proposed

to be served

by

public

w ater

and

public

sew er.

The

Application

has

been review ed

by

the M ontgom ery

C oung Fire

and R escue

Service w ho

has

determ ined

that the

Subject

property

w ill have

appropriate

access for

fire

and rescue

vehicles.

O ther

public

facilities

and

services,

such as

police

stations, firehouses,

and health

services

are

operating

according

to the subdivision

staging

policy

resolution

currenfly

in

effect and w ill

be

adequate

to serve

the

Subject

property.

Electrical,

telecom m unications,

and

gas

services

are also

available

to serve

the subiect

Property.

3. The

size, w idth,

shape,

and orientation

of the approved

lots

are appropriate

for

the location

of the subdivision,

taking

into

account the recom m endations

included

in

the applicable

m aster

plan,

and for

the type

of developm ent

or

use

contem plated.

M C PB N o. 15-146

Prelim inary

Plan N o. 120160010

Brightview

Bethesda

Page

6

The Application

has been review ed

for com pliance

w ith the M ontgom ery

C ounty

C ode, C hapter 50, the

Subdivision R egulations.

The Application

m eets

all

applicable

sections. The size, w idth,

shape, and

orientation of the lots

are

appropriate

for the location

of the

subdivision taking into

account the

recom m endations

included

in the applicable

m aster

plan,

and for

the type of

developm ent or use

contem plated. As

discussed above,

the

Application

substantially

conform s to the Sector Plan. The

Application com plies w ith

the land

use recom m endations

for the

Subject Property as w ell as

the applicable urban

design,

roadw ay,

and

general

recom m endations

outlined

in

the Sector Plan. As

evidenced by the Prelim inary

Plan, the

Subject

Property is

sufficiently large

to

efficiently accom m odate

the m ix of uses.

U nder Section 4.5.4 of the Zoning

O rdinance, the dim ensional standards

for the

lots w ill

be determ ined w ith approval

of the subsequent site

plans.

4.

The

Application

saflsfies all the

applicable requirem ents of the

Forest

C onservation Law , M ontgom ery

C ounty C ode C hapter 22A.

The Board finds that as

conditioned, the Forest C onservation Plan com plies w ith

the

reouirem ents

of the Forest C onservation Law .

Forest C onservation Exem ption 1A2015029E

w as confirm ed for the

Subject

Property on August 8,

2014.

The

Application

qualifies

for

a sm all

property

exem ption under Section 22A-5(s)(1) of the M ontgom ery

C ounty Forest

C onservation

Law ,

since the Subject Property is a tract of land less than 1.5

acres in area w ith no forest or existing specim en trees

or cham pion trees

present,

and the afforestation requirem ents w ould not

exceed 10,000 square

feet.

5. AII

storm w ater

m anagem ent requirem ents

shall be m et as

provided

in

M ontgom ery C ounty C ode C hapter 19, Article ll, titled

"Storm

W ater

M anagem ent," Secflons 19-20 through 19-35.

This

finding

is based in

part

upon the determ ination by M C D PS that the

Storm w ater M anagem ent C oncept Plan m eets applicable standards.

The

M C D PS Storm w ater M anagem ent

Section approved the storm w ater

m anagem ent concept on

N ovem ber

18,

2015. According to

the approval letter,

thestorm w ater

m anagem ent

concept

m eets

storm w ater

m anagem ent

requirem ents via environm ental site design to the m axim um extent

practicable

through the use of

m icro-bioretention

planters

and

green

roof.

M C P B N o. 15-146

Prelim inary Plan

N o. 120160010

Brightview

Bethesda

Page

7

BE lT FU R TH ER R ESO LVED

that

this

Prelim inary

Plan w ill rem ain

valid for 60

m onths from its

initiation date

(as

defined in M ontgom ery C ounty

C ode Section 50-

35(h)), and

that

prior

to the expiration

of this validity

period,

a

final

record

plat

for all

property

delineated on the

approved Prelim inary Plan

m ust be recorded in

the

M ontgom ery

C ounty Land R ecords,

or a request

for an extension m ust

be

filed;

and

BE

lT FU R TH ER R ESO LVED

that this R esolution

constitutes the w ritten opinion

of the Board in

this

m atter,

and the date

of this

R esolution

is

(w hich

is

the date that this R esolution is m ailed

to all

parties

of recordl;-and

BE

lT

FU R TH ER

R ESO LVED

that any

party

authorized

by law to take

an

adm inistrative appeal m ust initiate

such an appeal w ithin

thirty days of the

date of this

R esolution,

consistent

w ith

the

procedural

rules

for the

judicial

review

of

adm inistrative

agency

decisions in C ircuit C ourt

(R ule

7-203,

M aryland R ules).

C ER TIFIC ATIO N

This is

to certify that the

foregoing

is a true and

correct copy of a

resolution

adopted by

the M ontgom ery C ounty Planning Board

of the

M aryland-N ational

C apital Park and

Planning C om m ission on m otion

of C om m issioner

Presley,

seconded by Vice

C hair

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Planning

Board

Chapter 50, Subdivision Regulations, Section 50.4.1.E and Chapter 59, Zoning Ordinance, Section .7.3.4.C provides a 120-day limit for preliminary plan amendment and site plan amendment hearings. The Planning Board may, however, extend this period. The Applicant requested, in an application dated January 2, 2019, that the review period for both the Preliminary Plan Amendment and the Site Plan Amendment be extended from the current date of January 31, 2019, to March 28, 2019. The extension will allow the Applicant additional time to address Development Review Committee comments for each application. The Planning Board hearing on these applications may take place before the end of the review period and will be publicly noticed in accordance with the Zoning Ordinance.

Staff recommends APPROVAL of this extension request.

Attachment A: Applicant’s extension requests

MCPB Item No. Date 1/24/19

8101 Glenbrook Road: Extension Request # 1, Preliminary Plan Amendment No.12016001A and Site Plan Amendment No. 81981081A

Kathleen A. Reilly, AICP, Coordinator, Area 1, [email protected], (301) 495-4614

Elza Hisel-McCoy, Supervisor, Area 1, [email protected] (301) 495-2115

Mark Pfefferle, Interim Chief, Area 1, [email protected] (301) 495-4730

Description

Summary

Staff Report Date: January 14, 2019

MONTGOMERY COUNTY PLANNING DEPARTMENTTHE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Request to extend the regulatory review period from January 31, 2019, to March 28, 2019 Location: 8101 Glenbrook Road Zone: CR 3.0 R-3.0, C-3.0, R-3.0, H-120, Bethesda Overlay Zone Master Plan: 2017 Bethesda Downtown Plan Property Size: 0.59 acre Applicant: MDR 8101 Ground Lease, LLC Date Accepted: October 5, 2018

ATTACHMENT B

mailto:[email protected]



Mark.Pfefferle

New Stamp

Elza.Hisel-McCoy

Initials

Chapter 50, Subdivision Regulations, Section 50.4.1.E and Chapter 59, Zoning Ordinance, Section .7.3.4.C provide a 120-day limit for preliminary plan amendment and site plan amendment hearings. The Planning Board may, however, extend this period. On January 24, 2019, the Planning Board granted the Applicant a 60-day extension for both Applications which extended the review period from January 31, 2019 to March 28, 2019. The Applicant requested, in an application dated March 13, 2019, that the review period for both the Preliminary Plan Amendment and the Site Plan Amendment be extended from the current date of March 28, 2019 to July 25, 2019. This second extension request will allow the Applicant additional time to address outstanding issues raised by the Development Review Committee for each application. The Planning Board hearing on these applications may take place before the end of the review period and will be publicly noticed in accordance with the Zoning Ordinance.

Staff recommends APPROVAL of this extension request. Attachment A: Applicant’s extension requests

MCPB Item No. Date 3/28/19

8101 Glenbrook Road: Extension Request # 2, Preliminary Plan Amendment No.12016001A and Site Plan Amendment No. 81981081A

Kathleen A. Reilly, AICP, Coordinator, Area 1, [email protected], (301) 495-4614 Elza Hisel-McCoy, Supervisor, Area 1, [email protected] (301) 495-2115 Mark Pfefferle, Interim Chief, Area 1, [email protected] (301) 495-4730

Description

Summary

Staff Report Date: March 18, 2019

MONTGOMERY COUNTY PLANNING DEPARTMENT

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Request to extend the regulatory review period from March 28, 2019, to July 25, 2019 Location: 8101 Glenbrook Road Zone: CR 3.0, C-3.0, R-3.0, H-120, Bethesda Overlay Zone Master Plan: 2017 Bethesda Downtown Plan Property Size: 0.59 acre Applicant: MDR 8101 Ground Lease, LLC Date Accepted: October 5, 2018

KAR




ATTACHMENT C

DPS-ROW CONDITIONS OF APPROVAL May 10, 2019

***Revision: The conditions hereon supersede previous conditions of approval dated February 7, 2019.

81981081A 8101 Glenbrook RoadContact: Sam Farhadi at 240 777-6333

We have reviewed site and landscape plans files:

�07-BSITE-81981081A-SP3.pdf V9� uploaded on/ dated �5/8/2019� and�08-BLL-81981081A-L1.pdf V6� uploaded on/ dated �5/8/2019� and

The followings need to be addressed prior to the certification of site plan:

1. Label �Glenbrook Road� along the site frontage as �privately maintained� andreference the appropriate documentation.

2. Curb radii/ turning movements: provide safe truck turning movements for all(especially right turn) movements and driveways;

3. Provide public sidewalk:a. ensure all handicap ramps are labeled, have receiving ramps and are

aligned with them;b. Explore the possibility of providing approved street trees inside tree

pits with ADA compliant tree grates on both frontages;c. Public and private sidewalks when adjacent each other need to have

the physical limits of maintenance provided or PIE/ ROW for theadditional sidewalk is needed.

4. Driveway apron should not cross the frontage; please clarify if this has beenworked out with the adjacent property.

ATTACHMENT D

Documents

ATTACHMENT A - Montgomery Planning Board · The development is limited to a maximum of 121,528 square feet of total development on the Subject Property, including up to 89,780 square