The Montgomery County Planning Board Agenda

Thursday, January 12, 2012

FINAL - REVISED

Thursday, January 12, 2012 - 2:00 pm

8787 Georgia Avenue
Silver Spring, MD 20910-3760
301-495-4600
www.montgomeryplanningboard.org


Please note:

Meeting Resources

Video Recordings by Agenda Item
Audio Recordings by hour
Minutes Archives
Resolutions Archives
  1. Unless otherwise noted, Planning Board meetings are held on Thursdays and begin at 9:00 a.m. The agenda is subject to change and certain items may be postponed or added.
  2. The Planning Board encourages public testimony unless otherwise noted on the agenda. Refer to the Planning Board Rules of Procedure for more information on public testimony. Any individual or organization may submit a written statement for consideration by the Planning Board. Written comments must be received in the Chair's office at least 24 hours in advance of the Planning Board hearing date, referencing the hearing date and item, to be reviewed by the Board and included in the official record of the hearing. Written comments received within 24 hours before a hearing date will be placed in the file, but will not be considered by the Planning Board or included in the official record. Comments should be transmitted via e-mail to MCP-Chair@mncppc-mc.org, faxed to Chair Françoise Carrier at 301-495-1320, or addressed to: Françoise Carrier, Chair, Montgomery County Planning Board, 8787 Georgia Avenue, Silver Spring, Maryland 20910.
  3. Copies of testimony presented orally or copies of correspondence will not be distributed at the hearing.
  4. Occasionally due to time constraints, the Planning Board may limit the total amount of time dedicated to public testimony. Public testimony may not be taken for items identified as Briefings, Worksessions and/or Roundtables. On other occasions when no public testimony will be taken, the agenda will specifiy.
  5. To testify on an agenda item, sign-up online or call 301-495-4600 before 4:00 pm the day before the meeting. On the day of the meeting, please see the clerk in the Board Auditorium to sign-up. Submission of written comments does not constitute signing up to speak.
  6. View the Planning Board proceedings live on our website for meeting updates: www.montgomeryplanningboard.org.
  7. The Planning Board makes the final decision on any agenda items with an (*). On such matters, Maryland law and the Planning Board’s Rules of Procedure prohibit any member of the public from directly contacting or communicating with Board members outside the public hearing setting. See the Outside Communications section of the Planning Board Rules of Procedure for more information.

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9:00 AM PLANNING BOARD MEETING - (MRO Auditorium)
   
  Presentation of Service Awards for Planning Department
  ** For more details about the Planning Board’s action on any item, you may link to the videotaped hearing after noon on the day following the meeting and select the item you wish to hear. **
item 1 Consent Agenda
 

*A. Adoption of Resolutions

 

Planning Board Action/Decision: Adopted.

1. Kensington Nursing Preliminary Plan 120110040 – MCPB No. 11-135

2. Bowie Mill Property Preliminary Plan 120110120 – MCPB No. 11-78

3. Bowie Mill Property Site Plan No. 820110050 – MCPB No. 11-79

4. Church of the Little Flower Amendment to Final Forest Conservation Plan No. MR2002202-MCPS-1 – MCPB No. 11-83

   
 

*B. Record Plats

 

1. Subdivision Plat No. 220100670, Potomac Manors; RE-2 zone, 3 lots; located on the north side of Burbank Drive, 1,000 feet west of Falls Road (MD 189); Potomac Sub-region Master Plan.

Planning Board Action/Decision: Approved.

 

2. Subdivision Plat No. 220110090, Burtonsville Industrial Park (Revision); I-3 zone, 1 parcel; located in the southeast quadrant of the intersection of Sandy Spring Road (MD 198) and Columbia Pike (US 29). Fairland Master Plan.

Planning Board Action/Decision: Approved.

 

3. Subdivision Plat No. 220110590, Shirkey’s Addition to Fairland Acres; R-200 zone, 2 lots; located on the north side of Old Briggs Chaney Road, 400 feet west of Old Columbia Pike; Fairland Master Plan.

Planning Board Action/Decision: Approved.

 

4. Subdivision Plat No. 220111120, Poplar Run; R-200 zone, 3 parcels; located on the south side of Poplar Run Drive, 300 feet west of Early Light Lane; Kensington – Wheaton Master Plan.

Planning Board Action/Decision: Approved.

 

5. Subdivision Plat No. 220111210, West Chevy Chase Heights; R-60 zone, 1 lot; located on the north side of Chase Avenue, 350 feet east of Tilbury Street; Bethesda-Chevy Chase Master Plan.

Planning Board Action/Decision: Approved.

 

6. Subdivision Plat No. 220111280, Willerburn Acres; R-90 zone, 2 lots; located on the east side of Gainsborough Road, 500 feet east of Whistler Court; Potomac Sub-region Master Plan.

Planning Board Action/Decision: Approved.

 

7. Subdivision Plat No. 220120160, Burning Tree Valley, Section 2; R-90 zone, 2 lots; located on the west side of Beech Tree Road, 200 feet south of Burning Tree Road; Bethesda-Chevy Chase Master Plan.

Planning Board Action/Decision: Approved.

 

8. Subdivision Plat No. 220120330, Chevy Chase, Section 5; R-60 zone, 1 lot; located on the east side of Brookville Road (MD 186), 250 feet north of Thornapple Street; Bethesda – Chevy Chase Master Plan.

Planning Board Action/Decision: Approved.

 

9. Subdivision Plat No. 220120500, Harry M. Martin Tract; R-200 zone, 1 lot; located on south side of Woodwell Road, 150 feet east of Alderton Road. Aspen Hill Master Plan.

Planning Board Action/Decision: Approved.

   
 

*C. Other Consent Items

 

Holy Cross Hospital Site Plan 820110110 – CORRECTED MCPB No. 11-99 [Correction of typographical error(s)]

Planning Board Action/Decision: Approved.

   
  *D. Approval of Minutes
 

Minutes of November 17, 2011

Planning Board Action/Decision: Approved.

   
Item 2 Zoning Code Rewrite Presentation

P. Dunn

Staff will provide an update on the code drafting phase of the project. Staff will brief the Board on the second module, as well as report on sessions with the Zoning Advisory Panel and other internal stakeholder groups.

Planning Board Action/Decision: Discussion.

   
Item 3 Board of Appeals No. S-786-B McDonald's USA, LLC - REVISED STAFF MEMO

R. Kamen

Applicant requests a special exception modification for an existing drive-in restaurant, C-1 zone, 2207 Bel Pre Road, Silver Spring
Planning Board Action/Decision: Approved with Conditions.

(Action Required for Hearing by the Hearing Examiner on January 23, 2012)

   
item *4 Preliminary/Final Water Quality Plan No. S-2816: T-Mobile at Gibson Property

M. Kishter

115-foot tall unipole, wireless telecommunications facility and equipment compound, located on Parcel P161 at 2815 Cabin Creek Drive, RE-1 Zone, Fairland Master Plan and the Upper Paint Branch Special Protection Area (SPA)
Planning Board Action/Decision: Approved with Conditions.
   
Item 5 Fee Structures

R. Krasnow

Discussion of new fee structure being proposed for project plans and plans submitted concurrently with project plans.

Planning Board Action/Decision: Approved.

   
Item 8 Roundtable Discussion - REVISION

 

C. Streamlining Development Review - ADDITION
   
Item *12 Limited Amendment, Preliminary Plan 11991089A, Shrivastav Property, Lot 4 - NEW TIME

J. Penn

R-200 zone; 0.46 acres; 1 existing lot containing a one-family residential dwelling; request to remove an existing forest conservation easement; located at 10705 Hunting Lane 900 feet west of the intersection with Darnestown Road in Rockville; Potomac Subregion Master Plan
Planning Board Action/Decision: Approved with Conditions.

 

   
1:30 PM - new time LUNCH
   
Item 13 Closed Session - ADDITION
  Pursuant to State Government Article Annotated Code of Maryland 10-508(a)(13) to comply with specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter [Note: Closed Session minutes]
   
Item 14 Closed Session - ADDITION
  Pursuant to State Government Article Annotated Code of Maryland 10-508(a)(3) to consider the acquisition of real property for a Commission purpose and matters directly related thereto
   
Item 7 Closed Session - TIME CHANGE
  Pursuant to State Government Article Annotated Code of Maryland 10-508(8) to consult with legal counsel about pending litigation. [Note: Dufresne settlement offer]
   
Item 6 Closed Session - TIME CHANGE
 

Pursuant to State Government Article Annotated Code of Maryland 10-508(7) to consult with legal counsel to obtain legal advice. [Note: First Baptist Church Preliminary Plan Resolution]

 

 

3:30 PM - NEW TIME PLANNING BOARD MEETING CONTINUES - MRO AUDITORIUM
   
Item 9 Zoning Text Amendment–11-06 - NEW TIME

G. Russ

To modify building heights in the Fenton Village Overlay zone and the adjacent CBD-0.5 zone

Planning Board Action/Decision: Approved.

(Action Required for County Council Public Hearing of 1/17/12)

   
Item 10 Zoning Text Amendment 11-07 - NEW TIME

G. Russ

To increase the allowable antenna height for telecommunications facilities; and generally amend the definition of telecommunications facility.
Planning Board Action/Decision: Approved.

(Action Required for County Council Public Hearing of 1/17/12)

   
Item 8 Roundtable Discussion - CONTINUED

M. Bradford

L. Cole

A. Parks Director's Report

B. Purpose of the Bus Rapid Transit network and the criteria used to select its component corridors, the design year used for the Countywide TransitCorridors Functional Master Plan, and the link between this Plan and land use

   
Item 9 Zoning Text Amendment–11-06

G. Russ

To modify building heights in the Fenton Village Overlay zone and the adjacent CBD-0.5 zone

Planning Board Action/Decision: Approved.

(Action Required for County Council Public Hearing of 1/17/12)

   
Item 10 Zoning Text Amendment 11-07

G. Russ

To increase the allowable antenna height for telecommunications facilities; and generally amend the definition of telecommunications facility.
Planning Board Action/Decision: Approved.

(Action Required for County Council Public Hearing of 1/17/12)

   
Item *11 Site Plan Amendment Review No. 82005003B, Westfield Montgomery Mall

R. Kronenberg

C2 zone, 60.02 acres, Amendment to modify conditions 2(b), 4(c), 6(g) and 10; located at the northeast quadrant of the intersection with Democracy Boulevard and Westlake Drive; Potomac Master Plan

Planning Board Action/Decision: Approved with Conditions.

   
  ADJOURN
 

 

public notice

Department of Permitting Services
Division of Land Development Services
has received a

PRELIMINARY WATER QUALITY PLAN
for
Observation Drive Extended

 

This plan is for a four lane divided roadway with an 8” bikeway or 5’ sidewalk on each side of the roadway. This extension will be from existing Observation Drive at Waters Discovery Lane in Northern Germantown to Stringtown Road in Clarksburg. The plan proposes a combination of an open and closed section roadway design. This development is predominantly located within Clarksburg Special Protection Area.

 

If you wish to request a public information meeting, a written request must be submitted to the Department of Permitting Services within 15 days of this notice (Notice posted 12/22/2011).

 

The Water Quality Plans are available for review at the Department of Permitting Services office during working hours (8:00am-4:00pm Monday through Friday).

For further information, please call Leo Galanko at (240) 777-6242. The address for the Department of Permitting Services is:

Department of Permitting Services
Land Development Services, Water Resources
255 Rockville Pike, 2nd Floor
Rockville, Maryland 20850