BEFORE THE DISTRICT COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

IN THE MATTER OF THE APPLICATION * OF EYA DEVELOPMENT LLC AND * BL STRATHMORE LLC * FOR REZONING TO THE * Zoning Application No. H-______CRNF 0.75, C 0.25, R 0.75, H 50 * ZONE CLASSIFICATION *

STATEMENT OF JUSTIFICATION

The Applicants, EYA Development LLC (“EYA”) and BL Strathmore LLC (“Brandywine”) (collectively, the “Applicants”), by and through their attorneys, Miles & Stockbridge, P.C., are applying for a local map amendment requesting the rezoning of a portion of the property located at 4920 Strathmore Avenue, more particularly known as Parcel No. N045, Parcel B, Garrett Park Academy of the Holy Cross, as shown on Plat No. 208241, and all of the property located at 4910 Strathmore Avenue, more particularly known as Parcel N875, Parcel A, Garret Park- Holy Cross Convent, as shown on Plat No. 9347 (collectively, the “Property”), to the CRNF 0.75, C 0.25, R 0.75, H 50 (Commercial Residential Neighborhood- Floating) zoning classification (the “Application”). The Application seeks to allow for the future redevelopment of the Property, which is located within approximately ½ mile of both the Grosvenor Metro Station and the Garrett Park Marc Station, with up to 125 single family dwelling units and a 145 bed residential care facility (the “Project”). As discussed more fully below, the Application complies with all applicable review requirements and criteria necessary for approval.

I. Background The Property consists of a total of approximately 15.36 acres and is currently improved with the vacant St. Angela Hall retirement home and open space/ surplus frontage associated with the Academy of the Holy Cross. The Property also currently contains the entry drive for the Academy of the Holy Cross.

1 The approximately 7.73 acre portion of Parcel B closest to Strathmore Avenue is being sold by the Academy of the Holy Cross to the Applicant. The remaining 23.19 acres of Parcel B will be retained by the Academy for the continued operation of the school.

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The Property is located along Strathmore Avenue, to the south and southeast of its intersection with Stillwater Avenue. Confronting the Property to the north across Strathmore Avenue are single family homes and their associated access road, to the east the Holy Cross Church and School, to the south the Academy of the Holy Cross, and to the west a stream valley and the Symphony Park townhouse development. The Property and all adjacent properties are currently zoned R-60. Because the Property’s existing R-60 zone only allows townhouses by limited or conditional use, depending on the circumstances, and residential care facilities by conditional use only, the Applicant is seeking the rezoning to the CRNF zone to permit both uses on the Property as a comprehensive project. The single family portion of the Property is intended to be developed by EYA, a well-known and well-respected residential development company based in Bethesda, Maryland. EYA has constructed over 40 thriving, transit-oriented residential developments and over 6,600 high-quality homes in Maryland, D.C. and Virginia and won over 300 national and regional industry awards. EYA is a fully integrated firm that handles all aspects of development, from acquisition through planning, construction and sales. EYA has extensive experience leading successful entitlements in Montgomery County: two EYA communities, Grosvenor Heights and Montgomery Row, are located within a five-mile radius of the Property. Although the architecture of the single family residences will not be fully developed until site plan, the precedent images included with the Application provide examples of the styles and high quality of a number of EYA projects. The residential care building will be developed and operated by Brandywine Living, which was founded in 1996 and is headquartered in Mt. Laurel, New Jersey. Brandywine is the largest operator of assisted living in New Jersey and currently operates high quality assisted living communities for seniors throughout Pennsylvania, New Jersey, New York, Connecticut Delaware, and Virginia, and just opened its newest community in Potomac, Maryland. In its communities, Brandywine has an aggregate capacity to serve over 3,000 residents each day, the average of whom are between 83 and 87 in age. Brandywine maintains an exceptionally high level of quality and care, and has earned the distinction of “Advanced Standing,” New Jersey’s highest certification level for compliance with all federal, state and local regulations, benchmarks and standards.

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Similar to Brandywine’s other communities, the proposed residential care community on the Property would provide a wide array of services and amenities that are unique to Brandywine. Residents of Brandywine communities have a number of lifestyle and care options, including a “Serenade” option that includes dedicated butler service and enhanced living suites. Brandywine also provides memory care services and supervision for individuals with dementia as part of its “Reflections” program that allows residents to age in place by broadening the continuum of care. This award-winning program includes concierge services to assist families in achieving the best possible experience in sharing life with a loved one with dementia, as well as a licensed neuropsychologist consultant to educate and guide families and to assist in the care planning for residents. Brandywine communities also provide highly trained licensed nurses on site all day and night every day of the year, which service sets them apart from other assisted living communities. Additionally, Brandywine communities feature an “Escapades…for Life!” program that ensures daily robust and enriching programs and engagements for its residents. Although, as noted above, architecture for the proposed building will not be fully developed until site plan, included with the Application are three precedent images of other Brandywine projects, including a rendering of its most recent project in Potomac. Brandywine designs each of its buildings to fit the context of the neighborhood around it and uses architectural styles compatible with the surrounding area. The included precedent images convey the various styles, but enduring quality, of Brandywine buildings. The Project proposes a unique multi-generational community, where families, students of the adjacent schools, and seniors can interact and benefit from proximity to one another. As shown on the Floating Zone Plan included with the Application, the western portion of the Property will be developed with the single family residential uses, including single family detached residences along Strathmore Avenue to reflect the confronting single family uses, and townhouse units more interior to the site. A realigned entry road will run down the middle of the site, serving both the Project uses and the Academy of the Holy Cross. The new residential care community will be located on the eastern portion of the site. This building will take advantage of the significant grade in this portion of the Property, which slopes down from a high point along Strathmore Avenue to the stream valley to the south, by constructing structured parking for the building into the hill, thereby reducing the need for surface parking. The building will

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therefore appear as two stories from Strathmore Avenue, and three stories from the main entry road, due to this drop in grade. The Project will be served by three access points: one on the western side of the site, aligning with Stillwater Avenue to the north, the main entry road down the center of the site, and a service-only entrance along the eastern edge of the site2, serving the Brandywine building. Streams run along the eastern, southern and western edges of the Property. As a result, approximately four acres of the Property lie in stream valley buffers. As shown on the plans included with the Application, these ample stream valley buffers will largely be preserved and restored as part of the Project. Due to the constraints these buffers create for redevelopment of the site, some minor encroachments are proposed for natural walking trails, a pedestrian connection to the existing paths leading to Metro on the adjacent property to the west, some stormwater management features, a small portion of a roadway3, and rear yards and fencing, all as allowed by the Environmental Guidelines. While details regarding open spaces and landscaping will be worked out more fully at the time of site plan, the Open Space Exhibit included with the Application depicts the general locations and describes the sufficiency of these open spaces.

II. Compliance with Applicable Requirements A. General Floating Zone Requirements The Application satisfies the floating zone requirements of Division 59.5.1 of the Montgomery County Zoning Ordinance (“Zoning Ordinance”) as follows:

Section 5.1.2 Intent Statement The intent of the floating zones is to: A. Implement comprehensive planning objectives by:

2 This service entrance will also provide required fire access to the rear of this building.

3 Due to the topography of the site, which slopes down to the stream valleys, placing stormwater facilities at the edge of the buffer allows for much more effective capture and treatment of the stormwater from the development. Also, the minor encroachment for parking adjacent to the roadway in the southwest corner of the Project will be constructed of pervious pavers to minimize the effect of the encroachment.

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1. furthering the goals of the general plan, applicable master plan, and functional master plans; The Property is subject to the North Bethesda/ Garrett Park Master Plan, approved and adopted in 1992 (“Master Plan”) 4. The Master Plan recommends that “future development be focused at Metrorail (Metro) stops, new transit stations, and areas best served by transportation infrastructure, with more emphasis on housing.” Master Plan, p. 2. See also p. 4 (recommending “that development be focused at transit stations in order to improve air quality.”). Given the Property’s proximity to the Grosvenor Metro station, the Garrett Park MARC station, and location along Strathmore Avenue, which is served at the Property’s frontage by a number of Ride-On bus routes, the Project achieves this objective of development near Metro and transit, and the entirely residential nature of the Project achieves the housing emphasis called for by the plan. The provision of housing is repeated as a primary objective throughout the plan, which calls for providing “[a] wide range of housing types within each neighborhood…to avoid large concentrations of any single type and increase the potential for pedestrian connection between diverse housing types,” “preserv[ing] and increase[ing] the variety of housing stock, including affordable housing” and “encourag[ing] a mixture of land uses in redeveloping areas to promote variety and vitality.” Id. at 12, 33, 35. The development of up to 125 new single family residential units, including both single family attached and detached units and up to 19 moderately priced dwelling units (“MPDUs”), and a 145 bed assisted living community (including both assisted living and memory care), increases the housing stock, including affordable housing, and creates a variety of housing options in the neighborhood that are integrated through pedestrian connections. Additionally, the proposed single family homes and low profile of the residential care building along Strathmore Avenue is compatible with the confronting single family residences, contributing to the preservation of adjacent and nearby residential development. With regard to senior housing in particular, the Master Plan also “encourages the location of elderly housing and elderly support services along designated bus

4 The more recent Grosvenor-Strathmore Metro Area Minor Master Plan, approved and adopted in December 2017, did not include the Property because it was outside the Grosvenor Policy Area. Per the recently adopted Growth and Infrastructure Policy, however, as of January 1, 2020, the Property has now been included in the Grosvenor red policy area.

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routes or near Metrorail.” Id. at p. 244. Given the Property’s proximity to Metro, this objective is achieved as well. The Master Plan specifically identifies the Property as one where redevelopment is possible, but supports the continued existence of the Academy of the Holy Cross and retirement home/ convent and its associated R-60 zoning in order to preserve their associated green areas and open spaces. Id. at pp 80-81. More globally, the Master Plan further recommends “preserv[ing] and expand[ing] green areas and greenways, including institutional open space, for environmental protection, wildlife sanctuary, recreation and visual relief” and “protect[ing] woodlands, green space, steep slopes and wetlands through land use recommendations and development regulations.” Id. at 248. As noted above, the St. Angela Hall has been vacant for years, and the Academy of the Holy Cross intends to sell its open space along Strathmore Avenue to the Applicant. Therefore, preservation of these uses and areas (with the exception of the parcel on which the school will continue to operate) is no longer feasible. However, the objective of preserving green areas and open spaces on the Property will still be achieved through the preservation of approximately four acres in stream valley and the provision of a minimum of 10% open space throughout the Project. Additionally, the proposed incorporation of natural trails along the edge of the Property, proximate to the streams and wooded areas, will achieve the plan’s objective to use greenways for recreation and visual relief. Regarding transportation, the Master Plan calls for “improvement to the pedestrian friendliness of streets, particularly near transit nodes” and developing “a comprehensive, safe and more pleasant bicycle network as part of the transportation system.” Id. at 3, 33. As explained more fully in the Traffic Study included with the Application, the Project will improve the pedestrian and bicycle network through improvements to the Property’s entire Strathmore Avenue frontage, which will include a shared use path where not even a sidewalk exists today. Based on the foregoing, the Project furthers a number of important and wide-ranging goals of the Master Plan.

2. ensuring that the proposed uses are in balance with and supported by the existing and planned infrastructure in the general plan, applicable master plan, functional master plan staging, and applicable public facilities; and

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As demonstrated by the Traffic Study included with the Application, the Project will not have a detrimental impact on the local transportation network, and the residential care component of the Project will not generate any schoolchildren to impact school capacity. Under the new Growth Policy, the schools to which the residential portion of the Project feeds, which include Garrett Park Elementary School, Tilden Middle School, and Walter Johnson High School, will have adequate capacity, although a payment of a Utilization Premium Payment (“UPP”) may be required at the time of building permit for one or all of the schools. Additionally, EYA’s actual impact on school capacity is likely to be even lower than the standard County student generation rates indicate. EYA has developed nearly 50 residential communities in the D.C. region over its 29-year history, and has collected data on the number of students generated by its townhome product. In comparison to the County’s standard rate of 0.37, EYA has found that, on average, its townhome communities generate significantly fewer students than other residential developments: approximately 0.17 students per unit. EYA homebuyers tend to be empty-nesters or couples with non-school age children who move to smaller homes as their children get older. Despite this expected difference between predicted students and actual students, however, EYA will follow the standard rates for purposes of its impact tax and UPP payment to Montgomery County. All other infrastructure and public facilities are adequate to serve the Project, as explained more fully in the Land Planning Report included with the Application.

3. allowing design flexibility to integrate development into circulation networks, land use patterns, and natural features within and connected to the property; and As shown on the Floating Zone Plan and described above, the Project’s layout respects the environmental features of the site, and takes advantage of site topography. The Project will also enhance on-site and adjacent circulation patterns through the provision of a new shared use path along Strathmore Avenue, the development of an on-site circulation system that provides enhanced access to the Academy of the Holy Cross to the south, and the provision of a trail system that takes advantage of the on-site environmental features and provides a connection from the Property to the paths leading to Metro to the west.

B. Encourage the appropriate use of land by:

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1. providing flexible applicability to respond to changing economic, demographic, and planning trends that occur between comprehensive District or Sectional Map Amendment; The Master Plan that recommended retention of the Property’s R-60 zoning is now almost 20 years old. As recognized on page VII of the Master Plan, “[m]aster plans generally look ahead to a time horizon of about 20 years from the date of adoption….[i]t is recognized that the original circumstances at the time of plan adoption will change over time, and the specifics of a master plan may become less relevant as time goes on.” Park and Planning’s Work Program does not call for an update to the Master Plan in the near future, leaving the requested map amendment as the only means by which the Applicant can pursue a more appropriate zoning for the Property, one that is responsive to current planning trends calling for increased density in areas close to transit.

2. allowing various uses, building types and densities as determined by a property’s size and base zone to serve a diverse and evolving population; and As explained more fully below, the Application is requesting less than the maximum density allowed as a result of the Property’s site and base zone. Additionally, the selection of the CRNF zone is intentional, to allow for both the proposed single family and residential care uses needed to serve the diverse population of the area.

3. ensuring that development satisfies basic sustainability requirements, including open space standards and environmental protection and mitigation; and As explained above, the Project will preserve approximately four acres in stream valley buffer, and no forest will be disturbed as part of the proposed development. As shown on the Floating Zone Plan, the required 10% open and public use space is provided.

C. Ensure protection of established neighborhoods by: 1. establishing compatible relationships between new development and existing neighborhoods through limits on applicability, density, and uses; The Project includes single family homes and a low two-story elevation for the residential care building along Strathmore Avenue, ensuring compatibility with the confronting single family residential neighborhood to the north. The placement of townhomes along the

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western portion of the site is compatible with the adjacent townhouse community to the west, and the siting of the residential care building on the eastern portion of the site is compatible with the adjacent institutional use. Additionally, the Application includes a proposed binding element ensuring no commercial uses will be developed on the Property, preserving the residential character of the neighborhood.

2. providing development standards and general compatibility standards to protect the character of adjacent neighborhoods; and As shown on the Floating Zone plan, the Project complies with all applicable development and compatibility standards.

3. allowing design flexibility to provide mitigation of any negative impacts found to be caused by the new use. Given the careful design and layout of the Project, preservation of the significant environmental features, and nature of the adjacent land uses, the Applicants do not believe the proposed uses will have any negative impacts.

59.5.1.3 Applicability In order to further ensure the above objectives of the floating zones are achieved, the Zoning Ordinance sets forth specific requirements and prerequisites for CRNF local map amendment applications. Section 59.5.1.3.C.2.c of the Zoning Ordinance states that, in order to request the CRNF zone for a property with a residential base zone, the property must “front on a nonresidential street” and “satisfy a minimum of 2 prerequisites for each of the categories under Section 5.1.3.D.” As noted above, the Property fronts on Strathmore Avenue, which is designated as an arterial road in the Master Plan, meeting the first requirement. Additionally, as explained more fully in the Land Planning Report included with the Application, the Application meets the following prerequisites in the relevant categories, satisfying the second requirement for application for the CRNF zone: Transit and Infrastructure:  At least 75% of the site is within ¼ mile of a Level 3, ½ mile of a Level 2, or ¼ mile of a Level 1 transit station/ stop.

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 The site is served by existing water and sewer infrastructure that will not require either an upgrade to the service line or installation of a pump station due to the proposed development. Vicinity and Infrastructure:  The site is adjacent to a route that provides access to an existing or master-planned school within ½ mile.  The site is adjacent to a pedestrian route that provides access to existing public park and recreation facilities that satisfy a minimum of 30% of the recreation demand under the Planning Board’s Recreation Guidelines, as amended, within ¾ mile. Environment and Resources:  The limits of disturbance for the development will not reduce the forest cover to less than an area of 10,000 square feet and width of 35 feet at any point.  The site does not contain any rare, threatened, or endangered species or critical habitats listed by the Maryland Department of Natural Resources.

B. Requirements of the CRNF Zone The Application also satisfies the specific requirements and objectives of the Commercial Residential Neighborhood-Floating (CRNF) zone itself, as described below:

Section 59.5.3.2 Purpose The purpose of the Commercial/ Residential Floating zones is to: A. allow development of mixed-use centers and communities at a range of densities and heights flexible enough to respond to various settings; The proposed uses, which include single family detached, single family attached, and a residential care community, provide an appropriate mix of uses for the Property’s context, and the maximum height of 50 feet for all uses ensures compatibility within the Property’s setting.

B. allow flexibility in uses for a site; and As explained above, the CRNF zone was specifically chosen due to its permission of both the single family and residential care components of the Project.

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C. provide mixed-use development that is compatible with adjacent development. As noted above, the proposed mix of residential uses is compatible with adjacent development, which includes a townhouse development to the west, institutional uses to the south and east, and a single family residential neighborhood to the north.

59.5.3.5 Development Standards A. Density Pursuant to Section 59.5.3.5 of the Zoning Ordinance, because the requested floating zone was not recommended in the Master Plan, requested density cannot exceed 1.25 FAR, as the tract is greater than 3 acres and the existing zoning is R-60. The Application is well below this maximum density, requesting only 0.75 in overall FAR.

B. Setbacks and Height The height and principal building setbacks from site boundaries are established by, and shown on, the Floating Zone Plan. Internal setbacks will be established at the time of Site Plan.

C. Lot Size The minimum lot sizes will established at the time of Site Plan.

D. General Requirements As shown on the Open Space Exhibit included with the Application, the proposed open spaces will comply with the requirements of Section 4.5.3.C.1 of the Zoning Ordinance. Parking, recreational facilities, screening and landscaping will also be provided in accordance with Article 59-6, as generally shown on the Floating Zone Plan, with details to be confirmed at the time of Site Plan.

C. Necessary Findings Finally, the Application conforms to the standards and criteria for approval of a local map amendment contained in Section 59.7.2.1of the Zoning Ordinance, as outlined below:

Section 59.7.2.1.E.2 Necessary Findings

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For a Floating zone application, the District Council must find that the floating zone plan will: a. substantially conform with the recommendations of the applicable master plan, general plan, and other applicable County plans; The Application substantially conforms with the recommendations of the Master Plan, as explained in Section II A above.

b. further the public interest; The Project proposes much-needed single family housing, affordable housing, and assisted living housing for the diverse population of the area within close proximity of transit, furthering the public interest. Additionally, the preservation of the environmental features of the Property and enhancement of the area circulation though the provision of new streetscape and a sidewalk along the Property frontage also advance the public interest.

c. satisfy the intent and standards of the proposed zone and, to the extent the Hearing Examiner finds it necessary to ensure compatibility, meet other applicable requirements of this Chapter; The Application satisfies the intent and standards of the proposed zone, as detailed in Section II A above. The Applicant does not believe any additional requirements are necessary to ensure compatibility.

d. be compatible with existing and approved adjacent development; As reviewed more fully above, the proposed residential uses are compatible with existing and adjacent development. The Project places the single family uses and smaller scale portion of the residential care facility along Strathmore Avenue, providing a compatible relationship with the confronting single family residences. The townhouses proposed for the western side of the Property are compatible with the townhouse development to the west, and the relatively low- scale development on the remainder of the site is compatible with the institutional uses to the south and east. Additionally, significant buffering will be provided between the proposed uses and those to the west, south and east, further ensuring compatibility between the uses.

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e. generate traffic that does not exceed the critical lane volume or volume/ capacity ratio standard as applicable under the Planning Board’s LATR Guidelines, or, if traffic exceeds the applicable standard, that the applicant demonstrate an ability to mitigate such adverse impact; and As detailed in Section II A above, and in the Traffic Study submitted with the Application, the Project will not generate traffic that would exceed relevant volume or capacity standards.

f. when applying a non-Residential Floating zone to a property previously under a Residential Detached zone, not adversely affect the character of the surrounding neighborhood. Although the Application is seeking to convert the zoning for the property from a residential detached zone to a commercial/ residential zone, the Application will not adversely affect the character of the neighborhood. The proposed mix of uses are all residential in nature and the Application proposes a binding element to prohibit commercial uses on the Property. The single family detached and attached residences on the western portion of the site are compatible with the townhouse development on the west and confronting single family residential to the north. The massing of the residential care building is minimized through the use of the site’s topography and its architecture will be very residential in appearance, making it consistent with the residential uses to the north and west. Furthermore, the previous use of the Property was institutional. Its conversion back to residential will therefore restore, rather than adversely affect, the character of the neighborhood.

III. Summary of Proof The Applicant currently anticipates having the following witnesses appear at the public hearing:  Jack Lester, Vice President of EYA, and/ or another representative of EYA, will testify with respect to the need for the local map amendment, the single family development, and the layout proposed for the site.

 Brenda Bacon, the Chief Executive Officer of Brandywine, and/or another representative of Brandywine Living will testify with respect to the history and mission

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of Brandywine, the need for the local map amendment, and the residential care facility proposed for the site.

 Josh Sloan of VIKA, Inc. will testify as an expert in land planning and landscape architecture. Mr. Sloan has testified as an expert witness before the Hearing Examiner within the last 12 months. Nevertheless, a copy of Mr. Sloan’s resume is included with the Application. Mr. Sloan will address the compatibility of the proposed Project with the surrounding area and will also address conformance of the Application with the Master Plan and the Montgomery County Zoning Ordinance. Mr. Sloan’s analysis and conclusions that the Application is in conformance with the Zoning Ordinance and applicable Master Plan, satisfies requisite development standards, and is in harmony with the surrounding neighborhood are included in the Land Planning Report.

 Jeff Amateau of VIKA, Inc. will testify as an expert in civil engineering. Mr. Amateau has testified as an expert witness before the Hearing Examiner within the last __ months. Nevertheless, a copy of Mr. Amateau’s resume is included with the Application. Mr. Amateau will address engineering matters related to the Application, including utility adequacy and design, preliminary stormwater management, site access and the effect the Application will have on adjacent properties and the surrounding community. Mr. Amateau’s analysis and conclusions are included in the Engineering Report.

 Erwin Andres of Gorove Slade will testify as an expert in transportation planning/ engineering concerning the transportation impacts of the Application. Mr. Andres has testified as an expert witness before the Hearing Examiner within the last __ months. Nevertheless, a copy of Mr. Andres’ resume is included with the Application. His conclusion that the local map amendment will not have a detrimental impact on area traffic is included in the Traffic Statement included with the Application.

In addition to the foregoing, the Applicant reserves the right to call additional witnesses and submit such other reports and exhibits in support of its Application as it deems necessary.

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Petitioner anticipates it will take approximately four hours to present its case-in-chief.

Respectfully submitted,

MILES & STOCKBRIDGE, P.C.

By:______Erin E. Girard

11 North Washington Street, Suite 700 Rockville, Maryland 20850 (301) 517-4804 Attorney for Applicant

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