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1 Before the District Council for Montgomery County

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1 Before the District Council for Montgomery County 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. 1 115304\000006\4821-2667-3364.v3 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. 2 115304\000006\4821-2667-3364.v3 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 3 115304\000006\4821-2667-3364.v3 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. 4 115304\000006\4821-2667-3364.v3 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.
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