DANAC Stiles Property. Preliminary Plan A

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DANAC Stiles Property Preliminary Plan 11996112A

Vicinity Located in the LSC North District of the GSSC Master Plan. Adjacent Uses North: Single-family attached townhouses, R-60 zone; East: Office building, O-M zone; South and southeast: Various medical buildings, including Shady Grove Adventist Hospital; West: Various commercial office buildings, and the Belward Campus.

Site Approx. 30.7 gross acres; Split Zoned CR2.0 C1.5 R1.5 H150 & CR1.0 C0.5 R1.0 H80; Previously approved plan is built out, except for Lot 7; Located in the Muddy Branch watershed, State Use Class Category I; No cultural features or historic resources within 2,000 feet or less of the site; Public water and sewer available.

Previous Approvals Preliminary Plan The preliminary plan for DANAC Stiles was approved by the Planning Board Opinion dated June 9, 1997 for 669,538 square feet of office use; APF for this plan remains valid until July 9, 2019; 367,681 square feet of office use have been developed leaving 301,857 square feet of the approved density to be constructed on the property. Sketch Plan Sketch Plan 320110050 was approved by the Planning Board on July 26, 2012, for a maximum total density of 503,072 square feet of development on Lot 7, including a maximum of 498,072 square feet of residential uses and a minimum of 5,000 square feet of nonresidential uses, and a maximum height of 75 feet for occupiable space and 85 feet for architectural design elements; Final number of residential and commercial floor area and number of dwelling units will be determined at site plan; but a minimum of five live/work units must be provided; Site plan has not been filed for this portion of the Subject Property.

Proposal Subject Property Lot 7 Allow for conversion of commercial uses to residential uses as permitted by the Master Plan; Resubdividing Lots 5 and 7; Dedications and improvements along existing frontage and internal roads; Mixed-use density up to 1,012,253 square feet of total development, which includes up to 514,181 square feet of non-residential uses and up to 498,072 square feet of residential uses for up to 475 multi-family units, including a minimum of 12.5% moderately priced dwelling units (MPDUs). Multi-family building will be located on Lot 7;

Proposal Master-planned streets B-2 and B-7 will be provided as internal private right-of-ways within their own separate and distinct parcels, and perpetual public use and access easements; Platting of the Subject Property (30.7 gross acres) will be done in phases; Prior to issuance of any residential building permit, Lot 5 and Lot 7 must be rerecorded by plat; Additional right-of-way dedication and placement of masterplanned roads in separate and distinct parcels for Lot 4 and Lot 6 will be required in the future.

Master Plan

Master Plan Proposed development satisfies the Master Plan s general, climate and sustainability, housing, and staging recommendations. Master Plan makes several site specific recommendations: Locate the LSC North CCT station on the east side of the DANAC property (west side of Diamondback Drive); Rezone DANAC property from I-3 to CR Zone; Recommended Zoning for Lot 7 is: CR2.0 C1.5 R1.5 H150. The remainder of the DANAC property should be zoned CR1.0 C0.5 R1.0 H 80; Building height along Decoverly Drive adjacent to the residential community to the north is limited to 50 feet within 100 feet of the Decoverly Drive right-of-way; The sidewalk and pedestrian improvements as shown on the Sketch Plan and Concept Plan; 150-feet of right-of-way for Diamond Back Drive; 200-feet of right-of-way for Key West Avenue; and Dedication of master planned business district streets B- 2 and B-7.

Adequate Public Facilities Local Area Transportation Review (LATR) According to the Local Area Transportation Review and Policy Area Mobility Review Guidelines, a traffic study is not required to satisfy the LATR test because the number of total peak-hour trips generated by the proposed apartments is less than the trips generated by the previously-approved and unbuilt office uses. Policy Area Mobility Review (PAMR) Because the new peak-hour trips generated by the proposed apartments are less than the new trips generated by the previously approved and unbuilt office space, mitigation is not required to satisfy the PAMR test.

Adequate Public Facilities Other Public Facilities Other public facilities are adequate to serve the proposed development, except for schools. Project is located in the Gaithersburg Cluster, which requires a School Facilities Payment at the elementary school level.

DANAC Final Forest Conservation Plan Amendment Existing Cat. I Easements Variance Tree

DANAC Final Forest Conservation Plan Amendment Public Access Easement Cat. I Easement Removed Supplementary Plantings

DANAC Final Forest Conservation Plan Amendment Changes to Category I Easement

DANAC Final Forest Conservation Plan Amendment Changes to Category I Easement

DANAC Final Forest Conservation Plan Amendment Changes to Category I Easement

DANAC Final Forest Conservation Plan Amendment Analysis and Findings Net Tract Area: 23.1 acres Total Planting Requirement: 5.4 acres Previous On-Site Forest Planting 1.8 acres in Cat. I Easements Previous Off-site Forest Planting 2.60 acres off-site forest banking credit Remaining Planting Requirement: 1.00 acre off-site forest banking credit plus 0.56 acres off-site banking credit to mitigate Cat. I Easement removal

Staff Report Corrections Preliminary Plan: 7. The Applicant must amend the existing Traffic Mitigation Agreement with the Montgomery County Department of Transportation (MCDOT) and the Planning Board that was originally executed on August 28, 1989 June 6, 2000 to satisfy trip reduction requirements under the I-3 Zone and participate in the Greater Shady Grove Transportation Management Organization (TMO). The amended Traffic Mitigation Agreement must be executed prior to release of any building permit for the residential building.

Staff Report Corrections 8. The Applicant must design, construct, maintain, and provide the 56 feet wide public use easements for the recommended business district streets B-2 and B-7. The two new internal streets may be implemented as private streets subject to the following conditions: a. The Applicant must determine the final extent, delineation, and alignment of the private streets when subsequent site plans are filed. b. Private streets must be located within their own parcel, separate from the proposed development. c. Public easements must be granted for the streets and must be reviewed and approved by MCDOT and the Maryland-National Capital Park and Planning Commission (M-NCPPC). d. The design of the roads must follow or improve on the corresponding Montgomery County Road Code standard (2005.02 modified) for a similar public road, unless a modification is approved by MCDOT and the Planning Board at the time of future site plan. e. Installation of any public utilities must be permitted within such easements. f. The streets may not be closed for any reason unless approved by MCDOT. g. The public access easements must be volumetric to accommodate uses above or below the designated easement areas. h. Montgomery County may require the Applicant to install appropriate traffic control devices within the public easement and the easement must grant the right to the County to construct and install such devices. i. Maintenance and Liability Agreements will be required for each Easement Area by MCDOT at the time of record plat. These agreements must identify the respective Applicant s responsibility to maintain all of the improvements within their easement areas in good fashion and in accordance with applicable laws and regulations. j. Montgomery County will inspect these streets and ensure that each has been constructed in accordance with or improving upon the corresponding Montgomery County Road Code standard (2005.02 modified) for a similar public road., unless a modification is approved by MCDOT and the Planning Board at the time of future site plan. k. The Applicant is obligated to remove snow and provide repairs to keep the roads in working order and open and if, for any reason, the Applicant does not, the County must have the right, but not the obligation, to remove snow and/or provide repairs. l. The boundary of the easements must be shown on the record plat.

Staff Report Corrections 1. 9. At the time of Site Plan Review, the Applicant must address the following issue: The Applicant must coordinate with the developer applicant of Site Plan No. 820100090, JHU-National Cancer Institute, to improve the intersection of Key West Avenue and Diamondback Drive/ Broschart Drive, which is adjacent to the Subject Property. The At Site Plan, a determination must be made whether the Applicant s Site Plan conditions of approval must include that the intersection improvement must be completed or permitted and bonded by the Montgomery County Department of Permitting Services (MCDPS) prior to release of any building permit. The required improvement is to: The required improvement is to a) convert the inside through lane on the southbound approach of Diamondback Drive to a combined through and second left-turn lane; and b) modify the traffic signal timing on the north/south approaches from a concurrent to a split phase.

Staff Report Corrections 17. The Subject Property is located in the Gaithersburg High School Cluster. The Applicant must make a School Facilities Payment to the Montgomery County Department of Permitting Services at the elementary school level. The Applicant will be required to pay at the highrise/low-rise w/structured parking residential units rate as defined by the Annual School Test effective July 1, 2012. for all units for which a building permit is issued. The amount of the payment will be determined by the rate in effect at the time the payment is made. This amounts to a payment of $820.00 per residential unit at the elementary school level. The timing of the payment is determined by DPS.

Staff Report Corrections 24. The Applicant must submit a Certificate of Compliance Agreement for reforestation/ afforestation to be approved by M-NCPPC General Counsel; forest bank credits must be purchased prior to issuance of sediment and erosion control permits. 25. The final Sediment Control Plan must be consistent with the limit of disturbance shown on the Amended Final Forest Conservation Plan (FFCP). 26. The Applicant must comply with all tree protection and tree save measures shown on the approved Amended FFCP, including recommendations specified in the arborist s letter dated May 24, 2012 and included on Sheet FC-4 of the Amended FFCP. 27. Additional tree save measures not specified on the Amended FFCP may be required by the M-NCPPC forest conservation inspector. 28. Permanent Category I Forest Conservation Easement signs must be placed along the perimeter of the conservation easement area. Final number and locations of signs to be determined by the M-NCPPC inspector.

Recommendations Preliminary Plan Approval of the Preliminary Plan with findings & conditions in staff report, as modified. Approval of the Amendment to the Final Forest Conservation Plan is assumed into approval of the preliminary Plan.

Applicant s Exhibit