Summary

MONTGOMERY COUNTY PLANNING DEPARTMENT

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MCPB Item No.: Date: 6-5-14

Broadmeadow Farm (Slover Property) Preliminary Plan No. 120130120

Callum Murray, Area 3 Supervisor, callum.murray@montgomeryplanning.org 301-495-4733

John Carter, Chief, Area 3 Division, 301-495-4575

Broadmeadow Farm (Slover Property) Preliminary Plan No. 120130120 A request to subdivide one 10.13 acre parcel of into three (3) lots, each for one (1) one family detached unit, in the RE-2 zone; located at 9460 River Road in Potomac in the Potomac Subregion Master Plan. Staff Recommendation: Approval, subject to conditions. Submittal Date: April 10, 2013 Applicant: William L. and Katherine A. Slover (“Applicant”) Review Basis: Chapter 50, Chapter 22A

The Applicant proposes to subdivide one parcel of 10.13 acres into three lots. The property is in the RE-2 Zone, and is located on the south side of River Road, approximately 600 feet east of Newbridge Drive, Potomac. An existing dwelling will remain and be located on Lot 1 at 5.76 acres, with a new dwelling proposed on Lot 2 at 2.01 acres and a second new dwelling on Lot 3 at 2.005 acres. The existing dwelling will continue to be served by private well and septic systems until public water and sewer is extended to the two proposed dwellings.

Description

Staff Report Date: 5-22-14

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RECOMMENDATION: Approval subject to the following conditions:

1) This Preliminary Plan is limited to three lots for one detached dwelling unit each.

2) The Applicant must comply with the conditions of approval of the Forest Conservation Plan

approved as part of this Preliminary Plan, subject to:

a) Prior to land-disturbing activities, a certificate of compliance documenting purchase

of off-site forest mitigation credits in accordance with the forest conservation plan

must be approved by the M-NCPPC Office of General Counsel and recorded in the

Land Records of Montgomery County, Maryland, by the Applicant.

3) The Planning Board has accepted the recommendations of the Montgomery County

Department of Transportation (“MCDOT”) in its letter dated March 11, 2014, and hereby

incorporates them as conditions of the Preliminary Plan approval. Therefore, the Applicant

must comply with each of the recommendations as set forth in the letter, which may be

amended by MCDOT provided that the amendments do not conflict with other conditions of

the Preliminary Plan approval.

4) Prior to recordation of plat(s), the Applicant must satisfy the provisions for access and

improvements as required by the Maryland State Highway Administration (“MSHA”).

5) The Planning Board has accepted the recommendations of the MSHA, Highway Hydraulics

Division, in its letter dated November 12, 2013, and hereby incorporates them as conditions

of the Preliminary Plan approval. Therefore, the Applicant must comply with each of the

recommendations as set forth in the letter, which may be amended by MSHA provided that

the amendments do not conflict with other conditions of the Preliminary Plan approval.

6) The Planning Board has accepted the recommendations of the Montgomery County

Department of Fire and Rescue Services (“MCFRS”) in its memorandum dated May 5, 2014,

and hereby incorporates them as conditions of the Preliminary Plan approval. Therefore,

the Applicant must comply with each of the recommendations as set forth in the

memorandum, which may be amended by MCFRS provided that the amendments do not

conflict with other conditions of the Preliminary Plan approval.

7) The Planning Board has accepted the recommendations of the Montgomery County

Department of Permitting Service (“MCDPS”) – Water Resources Section in its stormwater

management concept letter dated January 22, 2013, and hereby incorporates them as

conditions of the Preliminary Plan approval. Therefore, the Applicant must comply with

each of the recommendations as set forth in the letter, which may be amended by MCDPS –

Water Resources Section provided that the amendments do not conflict with other

conditions of the Preliminary Plan approval.

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8) The Planning Board has accepted the recommendations of the Montgomery County

Department of Permitting Service (“MCDPS”) – Well and Septic Section in an email dated

June 28, 2013 and the Montgomery County Department of Environmental Protection

“(MCDEP”) – Water & Wastewater Policy Group letter dated May 6, 2014, and hereby

incorporates them as conditions of the Preliminary Plan approval. Therefore, the Applicant

must comply with each of the recommendations as set forth in the letter, which may be

amended by MCDPS – Well and Septic Section and MCDEP Water & Wastewater Policy

Group, respectively, provided that the amendments do not conflict with other conditions of

the Preliminary Plan approval.

9) The Applicant must dedicate and show on the record plat(s) the following dedication

mandated by the Potomac Subregion Master Plan:

Seventy-five (75) feet from the existing pavement centerline along the Subject Property frontage for River Road.

10) The Applicant must construct all road improvements within the right-of-way shown on the

Certified Preliminary Plan in accordance with road code standards. Only those roads (or

portions thereof) expressly designated on the Certified Preliminary Plan, “To Be Constructed

By _______” are excluded from this condition.

11) The Certified Preliminary Plan must contain the following note:

Unless specifically noted on this plan drawing or in the Planning Board

conditions of approval, the building footprints, building heights, on-site

parking, and site circulation shown on the Preliminary Plan are

illustrative. The final locations of buildings, structures and hardscape

will be determined at the time of issuance of building permits. Other

limitations for site development may also be included in the conditions

of the Planning Board’s approval.

12) The Adequate Public Facility (“APF”) review for the Preliminary Plan will remain valid for

eighty-five (85) months from the date of mailing of this Planning Board Resolution.

SITE and VICINITY DESCRIPTION (Figures 1 and 2) Preliminary Plan No. 120130150 (“Application” or “Preliminary Plan”) is a request to subdivide Parcel P123 located at 9460 River Road in Potomac. The Subject Property consists of 10.16-acres, is zoned RE-2, and is known as Broadmeadow Farm – The Slover Property. (“Property” or “Subject Property”) The proposed subdivision is for three lots for three one-family detached residential units. The Property is within the 2002 Potomac Subregion Master Plan area (“Master Plan”) and is surrounded on three sides south of River Road by one-family detached dwellings in the Bradley Farms subdivision in the RE-2 Zone. Directly confronting, on the north side of River Road, are one-family detached homes in the

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Falconhurst subdivision in the RE-2 and RE-2/TDR Zones. The increased density available in the TDR Zone was never used. The Subject Property currently has a one-family detached dwelling with horse stables and various accessory structures, all of which will be retained. The existing house is located on the highest point on the Property at an elevation of 360 feet with a horse pasture gently sloping down towards the north east with a low point of 320 feet. There are no streams or wetlands on the Property. An existing driveway to River Road currently serves the existing house. River Road is designated as a Major Highway (MD 190) by the Master Plan. The Subject Property is located within the Cabin John Creek watershed which is classified as a Use I-P stream system. There is no forest onsite. There are numerous large trees in the vicinity of the house and stables, and along the site perimeter. Vicinity Map (Figure 1)

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Broadmeadow Farm (Slover Property) (Figure 2)

PROJECT DESCRIPTION The Application proposes three lots to accommodate three one-family detached residential units. An existing dwelling will remain on 5.76 acres on Lot 1, with a new dwelling proposed on Lot 2 at 2.01 acres and a second new dwelling on Lot 3 at 2.005 acres. The two proposed front lots are rectangular in shape and will have frontage on River Road, with two new driveway access points. The existing driveway is retained to serve the existing dwelling on Lot 1. Frontage improvements are limited to the two new driveways and no sidewalks are proposed. The two front lots will be served by public water and sewer, while the rear lot will retain service by a private well and septic system until public water and sewer is extended to the two new dwellings.

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Preliminary Plan (Figure 3)

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Preliminary Plan Detail (Figure 4) ANALYSIS AND FINDINGS – Chapter 50 Conformance to the Master Plan The Master Plan does not make specific recommendations for the Subject Property but recommends the retention and reconfirmation of the existing RE-2 Zone as a low-density residential wedge. The environmental section of the Master Plan allows for the limited provision of community sewer service

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for areas zoned RE-2 within and at the periphery of the proposed sewer envelope. The Subject Property is within the approved sewer service envelope.

The Master Plan classifies River Road as a Major Highway with a minimum right-of-way width of 150 feet with two travel lanes. The Applicant will dedicate approximately 75 feet from the centerline of River Road to meet this requirement. The two-lane policy was intended to preserve the community’s visual aspect and character by discouraging the expansion of existing roadways from two to four lanes. The Master Plan and Countywide Bikeways Functional Master Plan both recommend a Class 1 (off-road) bike path on River Road from I-495 to Seneca Creek. Most sections of the bike path have been constructed between Seven Locks Road and Swains Lock Road, including the section confronting the Subject Property on the north side of River Road. In addition, the Countywide Bikeways Functional Master Plan also recommends a signed, bike travel lane on River Road from I-495 to Seneca Road (MD 112). The signed bike lanes will be implemented by the MSHA along the entire section of River Road.

Planning staff (“Staff”) finds that the Application substantially complies with the Potomac Subregion Master Plan.

Adequate Public Facilities Roads and Transportation Facilities The Local Area Transportation Review (LATR) guidelines require a traffic study to be performed if a development generates 30 or more peak-hour trips. The Application is expected to generate 1.9 additional morning peak hour trips and 2.22 additional evening peak hour trips, far below the 30-trip threshold. Therefore, no LATR is required. The Property is located in the Rural West Policy Area which is exempt from Transportation Policy Area Review. Frontage improvements are minimized to the two new driveways extending from River Road to the future house sites. Sight distance for each new driveway location will need to be approved by MDSHA before construction. Sidewalks are not required because the RE-2 zone (large lots) is in the rural area defined by the County Road Code. The vehicular and pedestrian access for the lots will be adequate with the proposed improvements. School Capacity The Subject Property is within the Churchill High School cluster area. The Subdivision Staging Policy FY 2014 School Test defines capacity as adequate for elementary, middle and high school for this cluster. A School Facilities Payment is therefore not applicable. Stormwater Management The MCDPS-Water Resources Section approved a Stormwater Management Concept for the Application by letter dated January 22, 2013. Stormwater management will be accommodated by using Environmental Site Design practices including micro bio-retention. The MDSHA have conceptually approved discharging the proposed on-site micro bio-retention facilities into the MD 190 right-of-way. Stormwater management requirements are met as provided in Chapter 19 of the County Code.

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Other Public Facilities and Services The Property is located in Tier II according to the Septic Tiers Map for Montgomery County. Tier II depicts future growth areas planned for sewer. Within Tier II, the Planning Board may approve a subdivision for any number of residential lots served by one or more septic systems. The three lots have been approved by MCDPS and MCDEP for development with public water and sanitary sewer. The existing house on Lot 1 has a private well and septic system. Typically, water and sewer policy calls for uniform treatment of all lots within a subdivision. MCDEP has agreed that public water and sanitary sewer will not be required for Lot 1 until the development of Lots 2 and 3. An agreement has been reached with the owner that the existing house on Lot 1 may remain on the current well and septic systems, until such time as the approved WSSC water and sewer connections are constructed when the new homes are constructed. The owner is required to post a bond at record plat to ensure that the dwelling on Lot 1 will connect to public water and sewer. When the dwelling on Lot 1 is connected to the public system, the existing well and septic system will be abandoned in accordance with Montgomery County standards. The MCFRS has reviewed the Application and determined that access can be adequately provided for emergency apparatus. Police stations, fire stations and health clinics are currently operating within the standards set by the Subdivision Staging Policies currently in effect. Other utilities (natural gas, telecommunications, electric) are available. The Application can be adequately served by all other public facilities and services. Subdivision Design The size, shape, width and orientation of the lots are appropriate given the location of the subdivision and in consideration of the recommendations of the Potomac Subregion Master Plan. The Master Plan recommends low density residential zoning. The intent, as discussed in the Master Plan conformance section, is to maintain a low density residential wedge, and to comport with the General Plan for Montgomery County. The two lots fronting on River Road are oriented in a traditional perpendicular fashion to the street and are similar to the majority of lot orientations in the general area. The lots are, therefore, appropriate for the location of the subdivision. Environment The Subject Property consists of an existing house site, horse stables, and a large pasture area. There are no sensitive areas on or adjacent to this site. There is no forest onsite although there are numerous large trees in the vicinity of the house and stables, and along the site perimeter.

Forest Conservation

As required by the Section 22A of the County Code, a Forest Conservation Plan (FCP) for the project was submitted with this Application. (See Attachment A) There is no forest disturbance, but there is a 1.97 acre forest planting requirement. In order to preserve the existing and future use of this Property as a horse farm, forest mitigation requirements will be met off-site at a forest mitigation bank. No specimen trees will be disturbed as part of the Forest Conservation Plan and a variance is not required.

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Zoning Standards The lots were reviewed for compliance with the dimensional requirements for the RE-2 zone as specified in the Zoning Ordinance. The lots meet the dimensional requirements for area, frontage, and width in that zone. A summary of this review is included below in the Preliminary Plan Data Table.

Preliminary Plan Data Table Development Standards Permitted/Required Proposed for

Approval by the Preliminary Plan

Minimum Lot Area (59-C-1.322(a))

2 acres 2 acres min.

Lot Width (59-C-1.322(b))

150 ft. 194 ft. min.

Lot Frontage (59-C-1.322(b))

25 ft. 50 ft. min.

Setbacks

Front (59-C-1.323(a))

50 ft. Must meet minimum1

Side (59-C-1.321(b)(1))

17ft. Min./35 ft. total Must meet minimum1

Rear (59-C-1.321(b)(2))

35 ft. Min. Must meet minimum1

Height (59-C-1.327)

50 ft. Max. May not exceed maximum

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Maximum Residential Dwelling Units

5 3

Maximum Building Coverage (59-C-1.328)

25% 12%

1 As determined by MCDPS at the time of building permit.

Citizen Correspondence and Issues Signage was appropriately placed on the Subject Property and the Application was noticed in accordance with adopted procedures. A pre-submission meeting was held with interested citizens at 9460 River Road, Potomac on January 26, 2013. According to the minutes of the meeting all citizens’ questions were addressed to the extent possible at the meeting. Staff has not received any correspondence regarding this Application. Correspondence received after posting of the Staff Report will be forwarded to the Planning Board for discussion at the Hearing.

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CONCLUSION The proposed lots meet all requirements established in the Subdivision Regulations and the Zoning Ordinance and substantially conform to the recommendations of the Potomac Subregion Master Plan. Access and public facilities will be adequate to serve the proposed lots, and the Application has been reviewed by other applicable county agencies, all of whom have recommended approval of the plan. Therefore, approval of the Application with the conditions specified above is recommended.

Attachments Attachment A – Forest Conservation Plan Attachment B – Agency Approvals

ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

ATTACHMENT B

ATTACHMENT B

ATTACHMENT B

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ATTACHMENT B

ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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From: Soukup, Alan [mailto:Alan.Soukup@montgomerycountymd.gov]

Sent: Tuesday, May 06, 2014 1:36 PM To: Murray, Callum

Cc: Conlon, Catherine; Dick Hurney; von Gunten, Gene; Lake, Dave Subject: FW: Broadmeadow Farm (Slover Property) plan no. 120130150

5/6/14

Hello Callum –

I am satisfied that the note provided by Dick Hurney at Nobis Eng. will adequately address

the needed conversion of the existing house on the subject preliminary plan site from the

use of a well and septic system to public water and sewer service. The note that Dick sent

me previously is attached; I believe that it is the same note you read to me in our

conversation yesterday.

If you have any additional questions concerning this matter, please contact at your earliest

convenience.

Alan Soukup, Sr. Planner

Water & Wastewater Policy Group - Director's Office

Montgomery Co. Dept. of Environmental Protection

Suite 120, 255 Rockville Pike

Rockville MD 20850-4166

240-777-7716 - fax: 240-777-7715

alan.soukup@montgomerycountymd.gov

www.montgomerycountymd.gov/waterworks

8. Existing house will be served by existing well and septic. Two (2) new lots will be served by

public water and sewer. Well and Septic Note: The three lots are approved for development with public water and sanitary sewer. The existing house on Lot 1 has a private well and septic system. Public water and sanitary sewer are not required until the development of Lot 2 and Lot 3, which occurs after plat recordation. The WSSC water and sanitary sewer plan for the subdivision shall provide public water and sanitary sewer to Lot 1. The existing house on Lot 1 may remain on the current well and septic system, until such time as the approved WSSC water and sewer connections are constructed. The owner shall post a bond at record plat to insure that the dwelling on Lot 1 will connect to public water and sewer. When the dwelling on Lot 1 is connected to the public system, the existing well and septic system shall be abandoned in accordance with Montgomery County standards.

ATTACHMENT B

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From: Dick Hurney [mailto:dhurney@nobiseng.com]

Sent: Wednesday, January 15, 2014 2:58 PM To: Soukup, Alan

Cc: john.hancock@montgomerycountymd.gov Subject: RE: Broadmeadow Farm (Slover Property)

Alan, Thank you.

Dick Hurney, P.E. Vice President dhurney@nobiseng.com

Nobis Engineering, Inc. Main: (301) 528-2010 20410 Century Boulevard Direct: (000) 000-0000 Suite 230 Cell: (240) 672-2302 Germantown, MD 20874

Client-Focused, Employee-Owned www.nobiseng.com

Follow Nobis:

This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any unauthorized review, use or distribution by others is strictly prohibited. If you have received this message in error, please advise the sender by reply e-mail and delete the message. Thank you.

From: Soukup, Alan [mailto:Alan.Soukup@montgomerycountymd.gov] Sent: Wednesday, January 15, 2014 2:48 PM To: Dick Hurney Cc: john.hancock@montgomerycountymd.gov Subject: RE: Broadmeadow Farm (Slover Property) 1/15/14

Hello Dick –

I am sorry to say that I have not yet had a chance to look at this. However, I will do so by

Friday this week.

Apologies -

Alan Soukup, Sr. Planner

Water & Wastewater Policy Group - Director's Office

Montgomery Co. Dept. of Environmental Protection

Suite 120, 255 Rockville Pike

Rockville MD 20850-4166

240-777-7716 - fax: 240-777-7715

alan.soukup@montgomerycountymd.gov

www.montgomerycountymd.gov/waterworks

ATTACHMENT B

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From: Dick Hurney [mailto:dhurney@nobiseng.com]

Sent: Wednesday, January 15, 2014 2:13 PM To: Soukup, Alan

Cc: john.hancock@montgomerycountymd.gov Subject: FW: Broadmeadow Farm (Slover Property)

Alan, Have you had a chance to review this?

Dick Hurney, P.E. Vice President dhurney@nobiseng.com

Nobis Engineering, Inc. Main: (301) 528-2010 20410 Century Boulevard Direct: (000) 000-0000 Suite 230 Cell: (240) 672-2302 Germantown, MD 20874

Client-Focused, Employee-Owned www.nobiseng.com

Follow Nobis:

This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any unauthorized review, use or distribution by others is strictly prohibited. If you have received this message in error, please advise the sender by reply e-mail and delete the message. Thank you.

ATTACHMENT B

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From: Dick Hurney Sent: Monday, January 06, 2014 11:46 AM To: 'alan.soukup@montgomerycountymd.gov' Cc: 'John.Hancock@montgomerycountymd.gov'; Sean Lindaman; 'callum.murray@montgomeryplanning.org' Subject: FW: Broadmeadow Farm (Slover Property) Alan,

We have provided the Well and Septic Note on the Preliminary Plan as was discussed several months ago

with you and John Hancock. We are attaching a copy of the Preliminary Plan with the note on the plan.

Callum Murray is requesting a memo from DEP for the staff report indicating that the condition is

acceptable. Please indicate if you need additional information from us to prepare a memo for MNCPPC.

Dick Hurney, P.E. Vice President

Nobis Engineering, Inc. Offices: NH | MA | VT | NJ | MD 20410 Century Boulevard Suite 230 Germantown, MD 20874

Main:

Fax: Cell:

(301) 528-2010 (301) 528-0124 (240) 672-2302

Client-Focused, Employee-Owned

Nobis is 9

th on the Hot Firms List!

This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any unauthorized review, use or distribution by others is strictly prohibited. If you have received this message in error, please advise the sender by reply e-mail and delete the message. Thank you.

ATTACHMENT B

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From: Hancock, John [mailto:John.Hancock@montgomerycountymd.gov]

Sent: Friday, June 28, 2013 9:23 AM To: Dick Hurney

Cc: Soukup, Alan Subject: RE: Preliminary Plan 120130150 Broadmeadow Farm

Dick, I am OK with a note on the preliminary plan indicating the use of a bond to insure that the structure(s) on the back lot will connect to public water and sewer. There should also be a note regarding the proper abandonment of the existing well and septic systems. John

ATTACHMENT B

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