Sectional Map Amendment Brandywine

Transcription

1 15 Location: West side of 301, Exhibit 70 approximately 3200 feet north of Dyson Road Speaker 44 Mike Nagy, Attorney Request: Retain existing I-1 Zone South 301 Investments, Proposed SMA: I-1 to R-R (B-2) Inc. Property size: acres Existing Use: Undeveloped TM 135, Grid E-2, parcel 16 The property owner of the adjacent I-I property to the south has filed a DSP and moving forward with development. Water service and roadway access will be extended to the subject property once the industrial property to the south is developed. R-R zoning is not appropriate for this location, industrial zoning is more suitable. Future Land Use /Proposed SMA: Residential low/r-r Zone Discussion: The subject property is adjacent to industrial land zoned I-1 to the south, which has an approved preliminary plan. That property has been approved for water service which will be extended through the subject site. Access to the subject site is through the adjacent industrial property. The subject property is bordered by an extensive floodplain and a creek along its western boundary. The Cheltenham Boys Village is on the east side of the property. Together, these land uses effectively limits access to this site to through the adjacent industrial property. To avoid creating a situation where access to a residential parcel is accessed through a industrially zoned subdivision, the subject property should retain its industrial land use designation and corresponding zoning. Staff Recommendation: Revise SMA B-2, to retain the existing I-1 Zone and revise the future land use map to show industrial.

2 16 Location: East of US 301, at its Exhibit 155 intersection with Mattawoman Drive Russell E. Warfel, Attorney 16 a) Request: Rezone from I-1 to R-O-S Route 301 Industrial Proposed SMA Change: I-1 to M-X-T CPI Limited (B-5) Partnership Property size: 4.56 acres Existing Use: Woodland Tax map: TM 145, Grid B-2, part of lot 8 16 b) Request: (NEW) Rezone from R- O-S to M-X-T Proposed SMA Change: Retains existing R-O-S zoning Property size:.79 acre Existing Use: Woodland Tax map: TM 145, Grid C-2, part of parcel c) Request: Retain existing I-1 Zone for Lot 22 Proposed SMA: I-1 to M-X-T (B-5) Property size: 9.6 acres Existing Use: Woodland and agriculture TM 145,Grid B-3, Lot 22 The owner of the 173 acre site that consists of the land in (a), (b), and (c), above, testified that a land transfer between the M-NCPPC and the owner took place. A 4.56 acre lot, located on the north side of Daffodil Court between MNCPPC parkland and US 301, has been transferred Future Land Use /Proposed SMA: Mixed Use/M-X-T Zone Discussion (16 a): The owner is requesting that the 4.56 acre property owned by M-NCPPC be placed in the R-O-S Zone rather than the M-X-T Zone. The owner and M-NCPPC have agreed to a land swap for this property and the property listed in (b) below. Staff Recommendation: Revise the SMA to rezone the 4.56 acre M-NCPPC property from the I-1 Zone to the R-O-S Zone. Discussion (16 b): This.79 acre lot is part of the land swap with M-NCPPC shown in (a) above. As such, it should not remain in the R-O-S Zone but be zoned the same as the surrounding property. Staff Recommendation: Revise the SMA to rezone this.79 acre property from the R-O-S Zone to the M-X-T Zone. Discussion (16 c): Staff was unaware that a Detailed Site Plan was currently under review for Lot 22 when proposing that the SMA rezone this lot from I-1 to M-X-T. This DSP applies to a medical office building allowed in the I-1 Zone. Rezoning Lot 22 at this time would unnecessarily complicate development planning for this proposed medical office use. Retaining the I-1 Zone at this location is consistent with the master plan s development objectives for this area. Staff Recommendation: a) Revise the SMA to rezone M-NCPPC land from I-1 to R-O-S; b) revise the SMA to rezone land from R-O-S to M-X-T; c) revise the SMA to retain the existing I-1 Zone for Lot 22.

3 to the M-NCPPC in exchange for a.79 acre lot at the intersection of Cattail Court and Missouri Avenue.

4 17 Location: South of Chaddsford Drive, east Exhibit 194 of McKendree Road, west of Branch Mark Vogel Avenue. Request: Rezone R-R to R-18 Proposed SMA: R-R to R-T (B-6) Property size: 23 acres Existing Use: Undeveloped TM 154, Grid F-4, part of parcel 30 Property owner originally requested a rezoning change from R-R to R-18 and planning staff recommended R-T. Property owner states that given the recent trends in the housing market the R-18 zone would provide greater flexibility to respond to changing market conditions. Future Land Use /Proposed SMA: Residential Medium/ R-T Zone Discussion: The adjacent properties to the north are currently zoned R-M which has a maximum density of 7.9 dwelling units per acre. R-18, when developed as midrise apartments, has a maximum density of 20 dwelling units per acre. Such a large increase in density would be out of character for the immediate area. In addition, current market conditions are not reason enough to change zoning, since the plan has a 20-year time horizon. Over that time period market conditions will change and a longer-term approach to land development should be taken when considering zoning changes. Staff Recommendation: Retain proposed SMA change B6 to rezone property from the R-R Zone to the R-T Zone

5 18 Location: Adjacent to the Charles County Exhibit 195 line, south of Cedarville Road, east of MD William Knight, 5, west of the CSX railroad tracks. Attorney Matthew Tedesco, Request: Rezone from R-R to C-S-C Attorney Proposed SMA: R-R to I-1 (B-7) Curtis Property Property size: 49.6 acres Existing Use: Agriculture TM 165, Grid A-1, parcel 2 The property owner requests C-S-C zoning given the lack of industrial development in the area for many years along with the change in the character of the area to a commercial center with new retail developments such as Brandywine Crossing, Chaddsford, and Timothy Branch. In addition, in 2009 the ZHE approved rezoning this property to C-S-C through ZMA case A Future Land Use /Proposed SMA: Employment-Light industrial/i-1 Zone Discussion: The preliminary master plan and proposed SMA removes a large amount of industrial zoning in Brandywine along with E-I-A zoning in Clinton. The intent of SMA is to preserve some industrial zoning in the planning area as shown on the future land use map. The expectation is that in the mid-to long- term with the infrastructure improvements in the planning area and the increasing land values immediately around the major freeways in the metropolitan area, large tracts of undeveloped land with access to the Beltway will become viable sites for industrial development to occur. Additionally, further extending commercial zoning south of Cedarville Road would not be in keeping with the General Plan goal of developing compact centers and corridors. This plan designates Brandywine as a community center that will eventually be served by public transit and an improved transportation system. This request is presently an active case that has been recently reviewed by the Zoning Hearing Examiner. If the Council hears this case before the SMA is transmitted, then that decision will determine the zoning of this property. Staff Recommendation: Retain proposed SMA change B7 to rezone the property from the R-R Zone to the I-1 Zone.

6 19 Location: Adjacent to the Charles County Exhibit 200 line, south of McKendree Road, west of Dr. Dobson MD 5. Request: Rezone from the R-A and C-M Zones to the C-S-C Zone (35.6 acres) Proposed SMA: R-A and C-M to R-R (B- 8, 71.5 acres) Property size: 35.6 acres, part of the 71.5 acres in SMA change B-8 Existing Use: Agriculture TM 164, Grid E-2, parcel 10/ Grid F-1, parcel 7/ Grid F-2, parcel 12 The property owner requests that the existing commercial zoning along MD 5 be expanded due to the elimination of the previous alignment of F-10, the need to widen MD 5, the noise impacts from the widened MD 5, and the proposed interchange at McKendree Road and MD 5. Future Land Use /Proposed SMA: Residential low/r-r Zone for the portion of the property presently in the R-A Zone. Discussion: One of the goals of the General Plan is to develop compact, higherintensity, mixed-use centers and corridors. The Brandywine Community Concept Plan proposes mixed-use and commercial development from just to the north of the MD 5/US 301 split to the north side of McKendree Road. Further extending commercial zoning to the south of McKendree Road to the county line would not be in keeping with the General Plan goal of developing compact centers and corridors. Commercial development should be focused around the community center, not expanding to the edges of the community center. Medium density residential development is suitable for this area because of its location in relation to MD 5/301. Higher density housing at the edge of the community center would fit the concept of commercial in the center surrounding by high density and medium density housing that transitions to lower single family neighborhoods. Staff Recommendation: Revise the SMA to show R-T zoning and revise the future land use map to shown medium density housing.

7 20 Location: Adjacent to the Charles County Exhibit 200 line, south of Accokeek Road, east of Dr. Richard Dobson Gardner Road, and west of McKendree Road. Tiers: Developing and Rural Request: Rezone from R-A and R-E to R- R Proposed SMA: Rezone R-A to R-R (B-8)shown as C on the attached map Property size: 850 acres Existing Use: Undeveloped and agricultural uses. Tax Map: See Attachment A The property owner requests rezoning the subject property from R-A and R-E to R-R in order to develop a large planned community. Future Land Use /Proposed SMA: Residential Low/ Rural Residential R-R zone Discussion: The proposed SMA recommends 71.5 acres of the subject R-A zoned land be rezoned to R-R. Given the considerable amount of intense development proposed for the Brandywine area through the plan s Brandywine Community Center concept, as well as the area s current traffic congestion, further increasing residential density at the level proposed by the property owner is unwarranted. Staff Recommendation: Retain proposed SMA change D-1 to O-S as shown as A on the attached map. Retain the existing R-A and R-E zoning for area shown as B on the attached map. Revise the SMA to rezone the area shown on the attached map as C from R-A to R-T The subject property is in both the Rural and Developing Tiers. This plan also proposes Brandywine as a center. The testimony requests that portions of this property in the Rural Tier be removed from the Rural Tier and designated in the Developing Tier. The property owner would like to have the Residential Low Transition Area designation removed from the parts of this property where it is designated.

8 21 Location: North of Neale Drive Tiers: Developing and Rural Speaker 4 Request: (New) Rezone from R-A to R-E Arthur J. Horne, Jr. Proposed SMA: R-A to O-S (D-2) Attorney Property size: 284 acres ERCO Properties Existing Use: Sludge injection site; woodland, agriculture Exhibits 50, 197 TM 143, Grid F3, parcel 13; TM 143, Arthur J. Horne, Jr. Grid F4, parcel 27; TM 144, Grid A2, Attorney parcel 212; TM 144, Grid A3, parcel 50; ERCO Properties TM 144, Grid A4, parcels 53, 54, 151, 180 The applicant owns 284 acres located north of Neale Drive across 9 parcels of which 207 acres is in the Rural Tier and proposed to be rezoned from R-A to O-S. The applicant opposes this proposal and requests that this portion be rezoned to the R-E Zone. Future Land Use /Proposed SMA: Rural/O-S Zone Discussion: This property is comprised of 207 acres located in the Rural Tier and 54 acres located in the Developing Tier. The application is proposing that the entire 284 be removed from the Rural Tier and it be rezoned to R-E. Staff is proposing no change to the 54 acres located in the Developing Tier (shown on 21 on attached map) and Rural Tier be rezoned to O-S. (See the Rural Tier discussion for a full explanation). Staff believes that the Developing Tier portion of the site should be developed in a lower density residential that is more in keeping with the existing and planned community surrounding the site. Staff Recommendation: Retain SMA proposal D2 to rezone the Rural Tier portion from R-A to O-S. Retain the existing R-A zoning for the Developing Tier portion. Concurrently, 154 acres of the 207 acres in the Rural Tier are requested to be designated in the Developing Tier. Lastly, the applicant is requesting that all 284 acres be designated for Residential lowtransition area land use for the purpose of using the conservation subdivision technique.

9 22 Location: Brandywine Road Exhibit 192 Eric Desoto Request: (NEW) Rezone from R-E to R- 55 Proposed SMA: Retains existing R-E zoning Property size: 1.64 acres Existing Use: Single-family detached houses TM 134, Grid D-3 Future Land Use /Proposed SMA: Residential low/r-e Zone Discussion: The adjacent properties are zoned R-E and R-R. Rezoning this one property to R-55 would create smaller lots that are inconsistent with the intended character of the area. Staff Recommendation: Retain existing R-E Zone The property owner states that up zoning will allow for the construction of newer homes in an older neighborhood and will improve the appearance of development along Brandywine Road.

10 23 Location: West of MD 5 at the Exhibit 193 intersection of MD 5 and a planned Eric Desoto roadway, A-65 Request: (NEW) Rezone from R-E Zone to either the R-80, R-T, or M-X-T Zone Proposed SMA: Retains existing R-E zoning Property size: 48.5 acres Existing Use: Agriculture and undeveloped TM 134, Grid E-2,E-3 The property owner states that the proposed A-65 alignment and the A-65 and Branch Avenue interchange will take the most developable building lots. The property owner requests a different zoning category so the remaining land can be utilized with a variety of different lot sizes and density. The property owner ultimately envisions a mix of residential, commercial, and employment uses at the site. Future Land Use /Proposed SMA: Residential low/r-e Zone Discussion: The site has topography and environmental features of this area represents significant constraints to intense development at this location would be difficult, if not impossible to attain. Further, this area is not designated as an area for mixed-use development according to the Future Land Use Map and the Brandywine Community Center concept plan map. Although the 2002 Approved General Plan indicates a possible transit node in this area, the master plan amends the General Plan to omit this node. Recommended transit nodes along MD 5 are located near its intersection with MD 223 and with MD 381. Staff Recommendation: Retain existing R-E Zone.

11 24 Location: East of the Rural Tier boundary Exhibit 98 and west of MD 5, north and south of Leo Bruso, Floral Park Road Land & Commercial Inc. Request: (NEW) Rezone from R-E to R-R Proposed SMA: Retains existing R-E zoning Property size: 332 acres Existing Use: Woodland Tax Map: See Attachment A Testimony states that because all of the cited properties have access to public water and sewer in the Developing Tier, they should all be uniformly zoned R-R. Also, zoning lines should follow properties lines instead of natural boundaries. Future Land Use /Proposed SMA: Residential low/r-e Zone Discussion: The subject properties are adjacent to other residential developments that vary in density. This area of the county is situated between the low density Rural Tier to the west and the higher residential densities envisioned in the Brandywine Community Center. It is anticipated that the higher density housing will be located closer the Brandywine Community Center with a transition to lower density housing at the edges and beyond. Staff Recommendation: Retain existing R-E Zone.

12 25 Location: North of Accokeek Road, south Exhibit 89 of Brandywine Road, west of Branch John W. Yerkie Avenue Request: (NEW) Rezone from R-R to R-T Proposed SMA: Retains existing R-R zoning Property size: 11 acres Existing Use: Undeveloped TM 144, Grid E-3 The testimony states that this property is adjacent to 30 acres of land that has been recently rezoned from R-R to R-T (A- 9982) and that the same rationale for rezoning those properties could be used for the subject property. Future Land Use /Proposed SMA: Residential low/ R-R Zone Discussion: This property is adjacent to property that was the subject of Zoning Map Amendment (ZMA) A-9982 (Approved ) which rezoned land from the R-R Zone to the R-T Zone. It is also adjacent to SMA B4 which proposes to rezone additional properties from the R-R Zone to the R-T Zone. The properties in A-9982 and SMA B4 have access to either Accokeek Road or Brandywine Road while the subject property does not have direct access to either roadway. Staff Recommendation: Retain existing R-R Zone.

13 26 Location: Old Brandywine Road Exhibit 54 Angelina Voglino Request: (NEW) Rezone from R-R to C- Watts and Toni C. M Voglino Proposed SMA: Retains existing R-R zoning Speaker 12 Property size: 3.13 acres Ron Wells, on behalf of Existing Use: Fields and woodland Angelina Voglino TM 144, Grid F-3, parcel 167 Watts and Toni C. Voglino This property is located between Old Brandywine Road and MD 5. The surrounding properties are zoned C-M and C-S-C. Testimony states that surrounding commercially zoned property and negative impact of adjacent major highway render this property suitable for commercial use. Future Land Use /Proposed SMA: Commercial/R-R Zone Discussion: This is the location of a future interchange between Old Brandywine Road and MD 5 and is not suitable for future residential development. The requested rezoning is consistent with the plan recommendation for commercial land use at this location. Staff Recommendation: Revise the SMA to rezone this property from the R-R Zone to the C-M Zone.

14 27 Location: East of MD 5, north of its Exhibit 153 intersection with MD 381 Russell E. Warfel, Attorney Request (NEW): Rezone from R-R and The Hamptons and CPI R-S to M-X-T Property Proposed SMA: Retain existing R-R and R-S zoning Property size: 70.3 acres Existing Use: Woodland and wetland TM 145, Grid A-2, parcel 133; TM 145, Grid B-2 This request is to rezone property near the proposed interchange of MD 301 and MD 5. A planned spine-loop road that is part of the interchange design traverses this property. The dedicated alignment of this road needs to be relocated in order to avoid wetlands and reflect the preferred alignment of the interchange access roads by SHA. Regarding the subject property, the applicant is currently meeting with the Hamptons HOA Board of Directors to correct the ownership of land that was mistakenly transferred to the Hampton s HOA. Future Land Use /Proposed SMA: Residential Low/R-R Zone Discussion: The requested rezoning is consistent with the plan recommendations for development for this area. The area for targeted growth is centered around the interchange on MD 5 and US301. This property is in close proximity to that center core and is envisioned as an area of non-residential and higher density residential development. This is long term plan that is dependent on the provision of a public transit line along MD 5. Limited development built in the area that is designed to eventually take advantage of transit can serve as a catalyst to encourage the ultimate build-out of the area. Staff Recommendation: Retain existing R-R and R-S zoning.

15 28 Location: Brandywine Road, north Exhibit 149 side, at its intersection with Missouri Lawrence N. Taub, Avenue Attorney Top Banana Home- Request (NEW): Rezone from R-R to C- Delivered Groceries, S-C or I-1 Inc. Proposed SMA: Retains existing R-R zoning Property size:.5 acres Existing Use: Home-delivery grocery business TM 145, Grid D-3, parcel 205 The applicant states that rezoning the property to C-S-C or I-1 would make the existing use a use by right. The applicant contents that the building would not be suitable for an adaptive reuse as residential. Future Land Use /Proposed SMA: Residential low/ R-R Zone Discussion: The plan recommends residential land use for this property. East of this location is property zoned C-S-C and more commercial development is this area is not needed or warranted. The zoning ordinance contains the following provision concerning eleemosynary or philanthropic institutions. The zoning ordinance lists philanthropic institutions as a permitted use in the R-R Zone provided in meets the following criteria: An adaptive reuse of a structure last occupied by a Federal postal facility on a lot or parcel not more than 25,000 square feet in area for use by an organization serving the homebound. If the property does not meet the above criteria, the use is permitted in the R-R Zone with a special exception. The existing use of the property is consistent with the provisions of the zoning ordinance. The staff does not agree that the existing former post office building could not be converted to a residential use or removed if the present owner was to stop operations and sell the property. Staff Recommendation: Retain existing R-R zoning and make no changes to the Future Land Use Map.

16 29 Location: West side of US 301, south of Exhibit 106 the US 301/MD 5 split Timothy Bevard, Aggregate Industries Request (NEW): Rezone from R-R to M-X-T Proposed SMA: Retains existing R-R Zone Property size: 86 acres Existing Use: Fields, woodland, mining TM 144, Grid F-4, parcel 189, TM 154, Grid D-2, parcel 81 The testimony summarizes planning efforts (1993 Subregion V Master Plan, 2002 County General Plan, 2009 Preliminary Subregion 5 Master Plan) that consistently support rezoning the subject property. The testimony implies that moderate, as opposed to high density residential is envisioned for the subject property. Also, that commercial uses would be in pods rather than integrated with the residential uses as in the Core Area of the Brandywine Community Center. Future Land Use /Proposed SMA: Mixed Use/R-R Zone Discussion The requested zoning is consistent with the proposed Brandywine Community Center concept as shown in the master plan. The entire property is designated for mixed-use development on the Future Land Use Map. The property is located at the commercial core edge where the Plan recommends a mix of commercial and residential land uses, although this area is not expected to develop the high density mix of uses envisioned for the community center core. The plan states that commercial uses may be clustered in pods rather than mixed among the residential uses. Staff Recommendation: Revise the SMA to rezone to the property from the R-R zone to M-X-T Zone

17 30 Location: East of Matapeake Business Exhibit 103 Drive and the Brandywine Crossing Barbara Richman, Shopping Center NAI Michael Companies, Request: (NEW) Rezone from I-1 to M- BWT Investments, X-T or C-S-C LLC Proposed SMA: Retain I-1 Zone Property size: 6 acres Existing Use: Fields and woodland TM 155, Grid A-3 The 6-acre property is located on the east side of Matapeake Business Drive, in proximity to the planned hub of residential and commercial development in Brandywine. The testimony cites recent rezoning of land in the vicinity to allow residential and retail development in lieu of employment/industrial and would like similar opportunities for developing this site. Future Land Use /Proposed SMA: Mixed Use/I-1 Zone Discussion: Brandywine Community Center designates this property as employment. The site is located across from the newly developed Costco and Target. The plan recommends concentrated commercial, office and residential uses developed in a way that will distinguish Brandywine from the auto-oriented development pattern in Waldorf. The intent of the plan is to create a unique identity for Brandywine. This property is very close to the Brandywine core area, where flexibility in land use types and coordination between developments is key., A mix of employment and residential is suitable at this location, with an emphasis on employment. With the M-X-T Zone, flexible land use options are provided and site plan review enables better implementation of the master plan goals and policies. Staff Recommendation: Revise the SMA to rezone this property to the M-X-T Zone.

18 31 Location: West of MD 5, south of Clymer Exhibit 203 Drive, north of Albert Road. Edward Gibbs, Attorney. Request: (NEW) Rezone from C-M to C- 301 Commercial S-C Center, LLC Proposed SMA: Retain existing C-M zoning Property size: 7.5 acres Existing Use: Existing commercial building on one lot, remaining property is undeveloped. TM 154, Grid F-4 Request consists of seven properties; five properties are zoned C-M, one property is zoned C-S-C, and one property is split zoned C-M and C-S-C. US 301 is to the east, south of this property is existing commercial development, northwest is the Chaddsford development, and singlefamily detached dwelling units are to the west and southwest. Future Land Use /Proposed SMA: Commercial/C-M and C-S-C Zones Discussion: The area is designated as commercial on the Brandywine Community Center map. The C-S-C Zone is requested for the entirety of the property in order to allow it to develop as commercial retail in a manner complementary to the surrounding residential uses and the Brandywine Crossing shopping center east of US 301, opposite this site. Given its location within the Brandywine Community Center edge area, additional auto-oriented uses allowed in the C-M Zone would be inappropriate for this area. Staff Recommendation: Revise the SMA to rezone this property from the C-M Zone to the C-S-C Zone.

19 32 Location: North side of McKendree Road, Speaker 44, 500 feet west of the intersection with US Mike Nagy, Atty., 301 KASE Builders Inc Request: (NEW) Rezone from R-R and Exhibit 73 C-M to C-M Mike Nagy, Atty., Proposed SMA: Retains existing R-R and KASE Builders Inc C-M zoning Property size: 10.8 acres Existing Use: Single-family detached house TM 164, Grid F-1, parcel 15 Future Land Use /Proposed SMA: Commercial/R-R and C-M Zones Discussion: The subject property is currently zoned C-M on the east side and R-R on the west side. Other property adjacent to the site is zoned C-M and is the location of a gas station. The site is separated from other residential land by a creek, floodplain and wetlands. This property is located on the north side of McKendree Road which is on the edge of the Brandywine Community Center. The concept of a community center is to focus all of the commercial development in the center and discourage strip development along major roads. In addition the staff has recommended that the property on the south side of McKendree Road be developed into medium density housing. The staff believes that this concept of medium density housing at strategic locations along the edges of the community center will allow for a concentration of commercial surrounded by supporting housing. Staff Recommendation: Revise the SMA to rezone the property from R-R and C- M to RT and revise the future land use map to show medium density housing.

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