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G-881 Dusty Rood * Wes Guckert * * for the Application * * Jody S

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G-881 Dusty Rood * Wes Guckert * * for the Application * * Jody S BEFORE THE COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL FOR THE MARYLAND- WASHINGTON REGIONAL DISTRICT IN MONTGOMERY COUNTY, MARYLAND Office of Zoning and Administrative Hearings Stella B. Werner Council Office Building 100 Maryland Avenue, Room 200 Rockville, Maryland 20850 (240) 777-6660 IN THE MATTER OF : * THEODORE H. BUTZ, ET AL. * Applicants * * Thompson Butz * Gary Unterberg * Jennifer Russel * Frank G. Bossong * Kathryn Kubit * Zoning Application No. G-881 Dusty Rood * Wes Guckert * * For the Application * * Jody S. Kline, Esquire * Attorney for the Applicants * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mary Jane Goodrick & Robert Goldberg, on behalf * of the Greater Goshen Civic Assoc. (GGCA) * Ron Wills * William Hancock * Community Participants in Opposition * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Before: Martin L. Grossman, Hearing Examiner HEARING EXAMINER’S REPORT AND RECOMMENDATION LMA G-881 Page 2 TABLE OF CONTENTS Page No. I. CASE SUMMARY ......................................................................................................................... 3 II. STATEMENT OF THE CASE...................................................................................................... 4 III. FACTUAL BACKGROUND....................................................................................................... 6 A. ZONING HISTORY OF THE SUBJECT SITE ...................................................................................... 6 B. SUBJECT PROPERTY ..................................................................................................................... 7 C. SURROUNDING AREA AND ADJACENT DEVELOPMENT .............................................................. 10 D. PROPOSED DEVELOPMENT ......................................................................................................... 15 1. Development Concept and Applicants’ Vision for the Project............................................. 15 2. Development Plan & Binding Elements in LMA G-881...................................................... 24 3. Conformance with the Master Plan....................................................................................... 32 4. Public Facilities (Transportation, School Capacity and Water & Sewer Service) ............... 41 a. Transportation ............................................................................................................................... 41 b. School Capacity ............................................................................................................................. 46 c. Water and Sewer Service and Other Utilities ................................................................................ 46 5. Environmental Issues............................................................................................................ 50 6. Historic Preservation Issues.................................................................................................. 56 E. COMMUNITY CONCERNS ............................................................................................................ 58 IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW ......................................................... 62 A. STANDARDS FOR COUNCIL REVIEW ........................................................................................... 63 B. REQUIRED FINDINGS .................................................................................................................. 65 1. County Plans and Policies..................................................................................................... 65 a. The Applicable Master Plan or Sector Plan .................................................................................. 65 b. The General Plan and the County Capital Improvements Program .............................................. 66 c. Other County Policies (AGP and APFO) ...................................................................................... 67 2. Zone Requirements, Safety, Convenience and Amenity of Residents and Compatibility ... 68 a. Compliance with Zone Purposes, Standards and Regulations ...................................................... 69 b. Safety, Convenience and Amenity of Residents .............................................................................. 75 c. Compatibility with Adjacent Development ..................................................................................... 76 3. Internal Vehicular and Pedestrian Circulation Systems and Site Access ............................. 77 4. Erosion, Preserving Vegetation, Forest Conservation and Water Resources ....................... 78 5. Ownership and Perpetual Maintenance ................................................................................ 80 6. The Public Interest ................................................................................................................ 80 C. CONCLUSION ............................................................................................................................. 82 V. RECOMMENDATION ............................................................................................................... 82 APPENDIX – SUMMARY OF THE HEARING ......................................................... APPENDIX 1 A. APPLICANTS’ WITNESSES ..........................................................................................APPENDIX 1 B. OPPOSITION WITNESS ............................................................................................... APPENDIX 32 LMA G-881 Page 3 I. CASE SUMMARY Applicants: Theodore H. Butz, et al., owners of the property LMA No. & Date of Filing: G-881, filed April 29, 2009 Current Zone and Use: Current Zone: RE-2 Current Use: Farmland Zoning and Use Sought: Planned Retirement Community (P-R-C) Zone; Use: 140 age- restricted (50 years+) single-family homes (at least 85% detached) and a small community center, plus parking and internal roads. At least 12.5% of the homes ( i.e., 18 units) will be MPDUs. Location: 21901 Ridge Road, in Germantown, Maryland, just west of Ridge Road (MD 27), north of Brink Road and east of the Brink Meadows Subdivision. The site is identified as Parcel P429 on Maryland Tax Map FV 122 (a/k/a, the “Butz Property” or the “Water Tank Farm Property”), subject to the 1994 Clarksburg Master Plan and Hyattstown Special Study Area Area to be Rezoned: 54.34909 acres gross tract; 49.4 acres net tract (4.9 acres dedicated) Density in P-R-C Zone: Permitted: 10 dwelling units (d.u.) / acre; Planned: 2.6 d.u. / acre Green Area: Required: 50%; Proposed: 50% Parking: Required: 2 per d.u.; Proposed 280 spaces (2 per d.u.), but final counts to be determined at Site Plan Review Height: Required: 100 feet or less; Proposed: 35 feet Master Plan Consistency: Hotly Contested. Technical Staff found non-compliance, but the Planning Board found substantial compliance. The 1994 Clarksburg Master Plan and Hyattstown Special Study Area did not recommend the P-R-C Zone for the site, but at the time the Master Plan was adopted, the Zone was not permitted on tracts this size, and public sewage was not available. The Zone was amended to allow its application to this size tract, and the area is planned for public sewer as Tier 2, in accordance with State law. Neighborhood Response: Opposition by the Greater Goshen Civic Association (GGCA), the Clarksburg Civic Association (CCA) and numerous neighbors. Concerns include added density, Master Plan compliance, traffic impacts, lack of on-site recreational facilities, inadequate screening, noise, dust, light pollution, loss of pastoral scenery, breeding of mosquitoes in the proposed stormwater management ponds and effect on property values. Support from Elm Street Development (developer of Clarksburg Village), and a number of individual County residents (not neighbors) who desire more senior housing in the County Technical Staff Recommends: Disapproval Planning Board Recommends: Approval Hearing Examiner Recommends: Approval, with the binding elements that have been added LMA G-881 Page 4 II. STATEMENT OF THE CASE Application No. G-881, filed on April 29, 2009, requests reclassification of approximately 54.34909 acres of land (gross tract) in Germantown from the RE-2 Zone (Single-Family, Detached, on two-acre lots) to the Planned Retirement Community (P-R-C) Zone. The subject site is described as Parcel P429 on Maryland Tax Map FV 122, and is also known as the “Butz Property” or the “Water Tank Farm Property.” The property is located at 21901 Ridge Road, in Germantown, Maryland, just west of Ridge Road (MD 27), north of Brink Road and east of the Brink Meadows Subdivision. The property is owned by Applicants, Theodore H. Butz, et al., and bears a tax account number of 02- 00030041.1 If approved, the site will be developed with 140 age-restricted, single-family homes 2 (at least 85% detached), a small community center, parking and internal roads. At least 12.5% of the homes ( i.e., 18 units) will be Moderately Priced Dwelling Units (MPDUs). The age restriction, in accordance with the P-R-C Zone’s requirements, will limit residence to those 50 years of age and older, and disabled relatives. Zoning Ordinance §59-C-7.44(a). The proposed development will be called “The Courts at Clarksburg” and will be subject to preliminary plan and site plan approval by the Planning Board. The hearing in this case was initially scheduled for October 16,
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