eplans.montgomeryplanning.org · Web viewThe Property is zoned Residential-200 (R-200), and is located in the southern quadrant of the intersection of Liberty Mill Road and Dawson

ARDEN COURTS OF GERMANTOWN

PRELIMINARY PLAN NO. 120170210

JUSTIFICATION STATEMENT

I. INTRODUCTION

Arden Courts of Germantown MD, LLC (the “Applicant”) hereby submits this application for a

preliminary plan of subdivision (the “Application) for the property located at 19115 Liberty Mill

Road in Germantown, Maryland (the “Property”). The Applicant has under contract a portion of

the Property, as described further below, and the Property owner has authorized the Applicant to

submit this Application for the entirety of the Property. The Application is submitted pursuant to

Chapter 50 of the Montgomery County Code (the “Subdivision Regulations”), and proposes the

subdivision of the Property into two lots – one lot for the existing single-family home on the

Property which will remain, and one lot for a 64-bed residential care facility, focused primarily

on serving memory care patients. The residential care facility is hereinafter referred to as “Arden

Courts” and, together with the single-family home to remain, the improvements are collectively

referred to as the “Project”.

The Property is zoned Residential-200 (R-200), and is located in the southern quadrant of the

intersection of Liberty Mill Road and Dawson Farm Road, opposite the Germantown Elementary

School. It is located in the Clopper Village area of the July 1989 Approved and Adopted

Germantown Master Plan (the “Master Plan”), and consists of a single unrecorded parcel

comprised of approximately 3.62 acres in total tract area. A single-family home is currently

located on the northern corner of the Property, closest to the intersection of Liberty Mill Road

and Dawson Farm Road, and the Applicant proposes a residential care facility under the “Arden

Courts” brand on the remainder of the Property. The single-family home will remain.

A residential care facility (over 16 persons) is permitted as a conditional use in the R-200 Zone

pursuant to Sections 59-3.1.6 and 59-3.3.2.E of Chapter 59 of the Montgomery County Code (the

“Zoning Ordinance”). As discussed in detail below, the Applicant previously filed a conditional

use application (the “Conditional Use”) in order to permit the proposed residential care facility,

and the Hearing Examiner’s Report and Decision was issued approving the Conditional Use,

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with conditions, on January 13, 2017. This Application fully complies with the conditions of

approval established by the Hearing Examiner for the Conditional Use. A copy of the Hearing

Examiner’s Report and Decision has been included with this Application for reference.

II. THE PROPERTY

The Property currently contains a single-family home, garage, three sheds, and a driveway. The

remainder of the site is composed of a manicured lawn with perimeter plantings of white pines

and secondary growth. The highest point of the Property is located in the northern corner of the

site, and the grades are fairly consistent with slopes ranging from 4% to 10% falling toward the

southern corner of the Property. There is a stream valley buffer located to the southeast of the

Property, which will be protected and enhanced by this Application. There is a 40-foot

Washington Suburban Sanitary Commission (“WSSC”) easement running through the Property

along the southern boundary that has impacted the proposed layout of the Project. The nearest

structures to the Property are the Germantown Elementary School to the west, a vacant

commercial building that previously served as the Germantown Post Office to the southwest, two

single-family homes to the south, the Fountain Hills townhouse subdivision to the southeast, and

a single-family home across Dawson Farm Road to the north. All surrounding property is also

zoned R-200.

The Application proposes to subdivide the Property into two lots of record so that the proposed

residential care facility will be located on a separate lot of record from the existing single-family

home to remain. The proposed lot of record for Arden Courts is approximately 3.09 acres, with

the remaining portion of the Property consisting of a separate approximately 0.53-acre lot of

record for the existing single-family home. Both lots satisfy all applicable development

standards of the R-200 Zone, as discussed in detail below.

III. THE ARDEN COURTS FACILITY

Arden Courts is a proposed one-story building with 64 beds, indoor and outdoor amenity areas,

and 44 parking spaces (plus one loading space). It includes a central common area that is

surrounded by four residential wings (known as “houses”) that each contains 16 private rooms.

Each house will have a communal living room, dining room, pantry, bathing rooms, and laundry


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room. Each house also has a distinct name, color, and theme, to assist residents with identifying

their assigned residence. Each private room in turn will have a half bathroom. The residential

wings and common areas will have access to a secure, landscaped outdoor area with courtyards

and walking paths so that residents can safely and easily enjoy the outdoors at their leisure as

weather permits.

The central core of Arden Courts is designed to interconnect the four houses and provide space

for the residents to safely explore a variety of points of interest and service areas such as a beauty

salon/barber shop, health center, post office, café, corner store, hobby woodshop, park, beach,

arts and crafts studio, and central station community center. Also included in the core will be

areas not accessible to the residents such as administrative offices, central kitchen, conference

room, reception/entrance area, employee lounge, maintenance/storage areas, and mechanical/

electrical rooms. A large rear porch will be located on the eastern side of Arden Courts for

larger outdoor activities as well as smaller porches and patios on both sides of the core to access

the central courtyards.

Activities for the residents are held Monday through Friday from 9:30 am-7:30 pm, and on

Saturday and Sunday from 9:30 am-5 pm, so that the residents are engaged and active during

much of their waking hours. Arden Courts’ programming focuses on what residents can do

based on their abilities, centering on lifelong experiences and familiar routines so that residents

can successfully accomplish everyday tasks and feel good about themselves. Structured,

engaging programs are offered every day, personalized for all levels of dementia. Residents are

encouraged to maintain the routines of home, with lifestyle programming such as making the

bed, setting the table, or folding laundry. Activities such as art, music, dance, gardening, and

word games are offered as individual pursuits or as group activities based upon each resident’s

dementia needs and functional ability.

Arden Courts will be operated by the Executive Director who oversees the professionally trained

and continually educated staff members who serve the needs of their residents. The overall

resident care will be supervised by a Resident Services Coordinator who maintains licensure as a

Registered Nurse and will oversee Arden Courts in consultation with a physician medical

director. Additionally, each shift of employees will include a Licensed Practical Nurse who is ______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 3

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able to provide medication to residents on-site. Moreover, many of the staff members will be

Certified Nursing Assistants that are trained to provide specialized care and assistance to the

residents. Arden Courts seeks to provide most of the residents’ medical care on-site. Arden

Courts also has protocols in place to keep residents safe and secure. Anyone entering or exiting

the facility must pass through two sets of locked doors. In addition, staff checks on each resident

hourly, and every 30 minutes for new residents.

Arden Courts is committed to serving as a resource to the community as well. Family

involvement is encouraged so that relationships can be maintained. Families are welcome to

visit and are included in themed events, special celebrations, and family nights. Family and

caregiver support groups, education seminars, and training sessions provide outreach to resident

families and community members.

With regard to staffing of Arden Courts, on weekdays there will be three separate shifts with the

largest number of staff generally working between the hours of 7 am and 3 pm (Shift 1). Shift 2

will be from 3 pm to 11 pm, and Shift 3 will be an overnight shift from 11 pm to 7 am.1 This

schedule of operations will be modified on the weekends such that the daytime staff is reduced to

10 employees (from 20 during the weekdays). Extensive analysis was conducted by Staff of the

Maryland-National Capital Park and Planning Commission (“M-NCPPC”) as well as the Hearing

Examiner at the time of review of the Conditional Use, and the Hearing Examiner included in

her Report and Decision a condition regarding timing of employee arrival and departure times

relative to the start and dismissal times of the Germantown Elementary School across the street

from the Property. The Applicant will fully comply with this condition.

With regard to deliveries and trash pickup, food supplies are delivered twice per week, medical

supplies are delivered once per week, and dumpsters are emptied twice per week.2 FedEx and

UPS deliveries are sporadic throughout the day. Thus, in general, truck traffic to the site will be

very low. None of the residents of Arden Courts are permitted to drive any longer, and thus do

not keep vehicles on-site. Family and friends may visit residents at any time (they are given an 1 During a brief period during shift changes, 32 employees may be on-site as employees leave and arrive, but all shift changes occur outside of the AM and PM peak hour periods.2 These services will be scheduled by Arden Courts to occur during daytime hours outside of the AM and PM peak periods.______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 4

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electronic access code to enter the facility), but in general visits are staggered throughout the

daytime, evening, and weekend hours.

There are currently two vehicular access points into the Property from Liberty Mill Road. It was

determined by M-NCPPC Staff and confirmed by the Montgomery County Planning Board (the

“Planning Board”) at the time of review of the Conditional Use that no additional dedication of

right-of-way is required along either the Liberty Mill Road or Dawson Farm Road frontages.

The northernmost access on Liberty Mill Road will remain in its current location, to serve the

single-family home to remain on the Property. The southernmost access point will be shifted

further southward to provide additional separation between driveways, and will serve Arden

Courts. During the Conditional Use review and approval process, the Montgomery County

Department of Transportation (“MCDOT”) approved a design exception in order to permit the

southern access point in its proposed location (a copy of the Applicant’s request and MCDOT’s

approval is included for reference with the Application). The southernmost access point leads to

a 20-foot-wide drive aisle. A total of 44 parking spaces are proposed for employees and visitors,

two of which will be ADA accessible spaces. One loading space is provided near the entrance of

the building. The drive aisle connects the building to all of the parking areas.

A Traffic Statement that assesses the projected impact of the Project was prepared during the

time of review of the Conditional Use, and a supplemental analysis was also prepared

specifically analyzing the operations at Germantown Elementary School and queueing at nearby

intersections (this supplemental analysis was included with the Applicant’s request for a design

exception, referenced above). As indicated in the Traffic Statement, the Project (factoring in

both Arden Courts and the single-family home which will remain) will generate fewer than 30

peak hour trips during the weekday morning and evening peak periods and therefore was exempt

from LATR (Local Area Transportation Review) requirements under the 2012-2016 Subdivision

Staging Policy. As indicated in the supplemental analysis, there will be no detrimental

operational or queuing issues as the result of the Project, even in a worst-case scenario were the

Project’s peak times to overlap with those of the Germantown Elementary School, which will not

occur as per the condition of approval of the Conditional Use described above.


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At the time of review of the Conditional Use, the 2012-2016 Subdivision Staging Policy and its

associated transportation tests were in effect. However, the 2016 Subdivision Staging Policy has

since taken effect, and it is this policy that will apply to review of this Application. As discussed

in further detail below, the LATR Traffic Exemption Statement submitted with this Application

describes how the Project satisfies all applicable transportation tests.

The site is well-served by both bus and pedestrian access. County Ride-On bus service Routes

71, 61, and 74 are all within close proximity to the site. Ride-On Bus Route 71 has a bus stop

located at the intersection of Liberty Mill Road and Dawson Farm Road. Sidewalks and/or a

shared use path are provided along both sides of Dawson Farm Road. Sidewalks are also

provided on both sides of Liberty Mill Road.

A variety of shade trees, evergreen trees, ornamental trees, shrubs, native grasses, and attractive

foundation plantings will enhance the visual appeal of Arden Courts on the Property. An

evergreen hedge will also line the western edge of the parking lot to minimize views of vehicles

and reduce head light glare. As discussed further below, during the Hearing Examiner’s review

of the Conditional Use, the Applicant agreed to provide additional landscaping beyond what is

required by the Zoning Ordinance along the southern Property line. An attractive six-foot, six-

inch opaque privacy fence will create an outdoor courtyard for the residents and provide further

screening of the activity on the site from the Property boundaries. Lighting is proposed in

accordance with Zoning Ordinance requirements and to provide for safety around the site. The

proposed landscaping and lighting for Arden Courts is reflected in detail on plans submitted with

this Application and is discussed further below. No changes are proposed to the existing

landscaping and lighting for the single-family home to remain.

Two signs are proposed for the Property – an approximately 29 square-foot monument sign at

the entrance into Arden Courts from Liberty Mill Road, as well as a sign that will be two (2)

square feet or less near the parking lot entrance to indicate that the parking lot is for residents,

visitors, and staff of Arden Courts only. The Applicant will need to pursue a sign variance for

the monument sign from the Montgomery County Department of Permitting Services

(“MCDPS”). The sign at the parking lot entrance is exempt from Division 6.7 of the Zoning

Ordinance (Signs) pursuant to Section 59-6.7.3.A.3 (which provides that “[a] sign on private ______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 6

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property does not require a permit when the area of the sign is 2 square feet or less, and … the

sign is a warning to the public about trespass, danger, or safety considerations”). In addition,

internal traffic and directional signage may be provided on-site at Arden Courts in accordance

with Section 59-6.7.3.C.1. No signage is proposed for the lot for the single-family home to

remain.

IV. FINDINGS REQUIRED FOR APPROVAL OF THE PRELIMINARY PLAN APPLICATION

In order to approve a preliminary plan of subdivision, pursuant to Section 50.4.2.D of the

Subdivision Regulations, the Planning Board must make certain findings. The Application

satisfies the findings that must be made, as follows:

1. The layout of the subdivision, including size, width, shape, orientation and density of lots, and location and design of roads is appropriate for the subdivision given its location and the type of development or use contemplated and the applicable requirements of Chapter 59.

The Project satisfies all applicable sections of the Subdivision Regulations and Zoning

Ordinance. The proposed lot size, width, shape, and orientation for the lot for Arden Courts is

appropriate for the location of the subdivision taking into account the Master Plan

recommendations and the structure contemplated for the Property. The lots satisfy all

dimensional requirements for the R-200 Zone as specified in the Zoning Ordinance, and can

accommodate the Arden Courts facility (as well as the single-family home to remain), as

described in detail below.

Requirements of the R-200 Zone (Section 59-4.4.7 of the Zoning Ordinance) and Use Standards under Article 59-3 (Section 59-3.3.2.E) of the Zoning Ordinance

A single-family home is a permitted use in the R-200 Zone, and a residential care facility (over

16 persons) use is permitted as a conditional use in the R-200 Zone (as indicated in the Use

Table contained in Section 59-3.1.6 of the Zoning Ordinance). The Conditional Use was

approved for Arden Courts, as indicated in the Hearing Examiner’s Report and Decision, dated

January 13, 2017. The overall Project conforms to the R-200 Zone development standards, as

prescribed in Section 59-4.4.7.B of the Zoning Ordinance, as follows:


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Development Standard Required by Section 59-

4.4.7.B for the R-200 Zone

Required by Section 59-3.3.2.E for a Residential

Care Facility Conditional Use

Proposed by the Application for Lot for Single-Family Home to

Remain

Proposed by the

Application for Lot for

Arden Courts

Minimum Lot Area 20,000 sf 2 acres, or 1,200 sf per bed (whichever is greater)3

23,283 sf (0.53 acres) 134,647 sf (3.09 acres)

Minimum Lot Width At front building line

At front lot line

100 feet

25 feet

N/A124 feet (Liberty Mill Road)

89 feet (Liberty Mill Road)

304 feet (Liberty Mill Road); 388 feet (Dawson Farm Road)150 feet (Liberty Mill Road); 383 feet (Dawson Farm Road)

Maximum Lot Coverage 25% N/A 21% 23%

Principal Building Setbacks Front Liberty Mill Road Dawson Farm Road Side

Side street4

Rear

40 feet

12 feet

15 feet30 feet

N/A

20 feet

N/AN/A

55 feetN/A20 feet (south)

20 feet (Dawson Farm Road)40 feet (west)

189 feet42 feet29 feet (west); 80 feet (south)N/A30 feet (east)

Accessory Building Setbacks Front Side Side street Rear

65 feet12 feet40 feet7 feet

N/A135 (Liberty Mill Road)12 feet (south)85 feet (Dawson Farm Road)7 feet (west)

N/A

Maximum Building Height5

Principal building Accessory building

50 feet35 feet

N/A +/- 35 feet15 feet

25 feetN/A

3 1,200 square feet per bed amounts to a total of 76,800 square feet of lot area required for the 64 beds proposed by the Project. Since this total is less than two acres, the minimum lot area required for the Project is two acres.4 The 15-foot setback applies rather than a 40-foot setback because the abutting lot (for Arden Courts) does not front on the side street (Dawson Farm Road).5 As measured from the building height measuring point reflected on the Preliminary Plan.______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 8

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Parking Setbacks Rear Side

N/AN/A

30 feet24 feet

N/AN/A6

32 feet (north); 24 feet (south)

The Application complies with the standards and requirements of Section 59-3.3.2.E of the

Zoning Ordinance specific to a residential care facility (over 16 persons) conditional use, as

determined by and discussed in detail in the Hearing Examiner’s Report and Decision, dated

January 13, 2017.

Applicable General Requirements of Article 59-6 of the Zoning Ordinance

The Application meets all applicable requirements of Article 59-6 of the Zoning Ordinance with

regard to site access, parking, queuing, and loading, open space and recreation, landscaping and

lighting, screening, outdoor display and storage, and signage as shown on the Preliminary Plan

of Subdivision and Landscape Plan included with the Application and described below.

Division 6.1, Site Access

Pursuant to Section 59-6.1.2 of the Zoning Ordinance, this Division does not apply to

development in the residential detached zones. However, a Truck Turning Exhibit and Fire

Department Apparatus Access Exhibit have been prepared and are included with this Application

for reference.

Division 6.2, Parking, Queuing, and Loading

Pursuant to Sections 59-6.2.3 and 59-6.2.4 of the Zoning Ordinance, 0.25 parking spaces per bed

plus 0.5 spaces for each employee are required for a residential care facility use in the R-200

Zone. Arden Courts includes 64 beds, requiring a minimum of 16 parking spaces. The largest

demand for parking occurs during the shift change of day and evening staff, when 32 employees

will be on-site, requiring at least 16 additional spaces, for a total of at least 32 parking spaces.

As reflected on the Preliminary Plan of Subdivision, 44 parking spaces are proposed, satisfying

the minimum parking requirements for the scope of the use. While none of the residents are

6 No parking spaces are provided in the “rear” yard.______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 9

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permitted to drive and as a result will not have vehicles at Arden Courts, the additional parking

spaces will provide adequate space for visitors.

The Preliminary Plan of Subdivision demonstrates how the Vehicle Parking Design Standards

contained in Section 59-6.2.5 of the Zoning Ordinance are satisfied with respect to access,

parking space, and drive aisle size, safety, etc. Section 59-6.2.5.K applies since the Property is

in a Residential Detached zone and Arden Courts is a conditional use wherein three or more

parking spaces are provided. Arden Courts’ parking facility is located in a manner that maintains

a residential character and pedestrian-friendly street, and also complies with the minimum side

and rear parking setbacks as illustrated by the development standard chart above. The Zoning

Ordinance generally favors that parking be located away from a front yard area, and Arden

Courts has complied with the specific requirements of the Zoning Ordinance while also shifting

the parking as close as possible to Liberty Mill Road so as to further compatibility between the

Project and the adjacent townhouses to the southeast and single-family homes to the south.

With regard to the single-family home to remain, ample space is provided in both the garage and

driveway space in order to accommodate the minimum two parking spaces per dwelling unit for

“single-unit living”, per Section 59-6.2.4.B of the Zoning Ordinance.

Pursuant to Section 59-6.2.4.C of the Zoning Ordinance, bicycle parking spaces are only

required for residential care facilities that provide dwelling units (and bicycle parking spaces are

not required to be provided for the single-family home to remain). Since Arden Courts provides

beds rather than dwelling units, bicycle parking spaces are not required. However, Arden Courts

agreed during review of the Conditional Use to provide two bicycle racks on-site in order to

accommodate four bicycles.

Per Section 59-6.2.8.B.2 of the Zoning Ordinance, one loading space is required to be provided

for Arden Courts, and the Application indicates that one loading space will be provided. No

loading spaces are required to be provided for the single-family home to remain.

Section 59-6.2.9 of the Zoning Ordinance addresses parking lot landscaping and outdoor lighting

requirements, and Section 59-6.2.9.C pertains to parking lots with 10 or more spaces. As

reflected on the Preliminary Plan of Subdivision and Landscape Plan, the proposed parking lot


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contains the required landscaped islands (100 contiguous square feet each comprising a

minimum of 5% of the total area of the surface parking lot), tree canopy (25% coverage at 20

years of growth), and perimeter planting. Further, the parking lot lighting satisfies Section 59-

6.4.4 (general outdoor lighting requirements) as described below.

Division 6.3, Open Space and Recreation

Pursuant to Section 59-6.3.2 of the Zoning Ordinance, there are no open space requirements for a

residential care facility or single-family home to remain in the R-200 Zone.

Division 6.4, General Landscaping and Outdoor Lighting

Section 59-6.4.3.B of the Zoning Ordinance contains specifications for landscape elements

(plants and trees) with respect to definitions and size at time of planting. The landscaping that is

proposed for Arden Courts (pursuant to Section 59-6.2.9 and Section 59-6.5.3.C.7) satisfies these

requirements, as reflected on the Preliminary Plan of Subdivision and Landscape Plan.

As described above, lighting is proposed in accordance with Zoning Ordinance requirements in

order to provide safety around the site. All lighting along the vehicular access into Arden Courts

and in the parking lot will comply with Section 59-6.4.4.B of the Zoning Ordinance with regard

to design requirements and Section 59-6.4.4.C with respect to lighting types. The Applicant will

comply with Section 59-6.4.4.C.4 by including adequate lighting at the entrance of the

residential care facility to ensure the safety of persons and the security of the building. The

proposed lighting is reflected in detail on the Site Lighting Plan reviewed with the Conditional

Use and included with this Application for reference.

Section 59-6.4.4.E of the Zoning Ordinance requires that outdoor lighting for a conditional use

be directed, shielded, or screened to ensure that the illumination is 0.1 footcandles or less at any

lot line that abuts a lot with a detached house building type, not located in a

Commercial/Residential or Employment zone. Since Arden Courts will abut a lot with a

detached house building type to the north and south, all lights include full cut-off fixtures and the

light levels at all lot lines will be 0.1 footcandles or less, as reflected on the Site Lighting Plan.

Division 6.5, Screening Requirements


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Section 59-6.5.2.B of the Zoning Ordinance requires that in the Agricultural, Rural Residential,

and Residential Detached zones, a conditional use in any building type must provide screening

under Section 59-6.5.3 if the subject lot abuts a property in an Agricultural, Rural Residential, or

Residential Detached zone that is vacant or improved with an agricultural or residential use.

Section 59-6.5.3.C.7 contains the two allowable screening options for a conditional use in the

Residential Detached Zones. Arden Courts provides Option B, as reflected in greater detail on

the Preliminary Plan of Subdivision and Landscape Plan.

Division 6.6, Outdoor Display and Storage

Since the Application does not propose the storage or display of any merchandise, material, or

equipment outside of a completely enclosed building, it is exempt from this requirement.

Division 6.7, Signs

As noted above, two signs are proposed for the Property – an approximately 29 square-foot

monument sign at the entrance into Arden Courts from Liberty Mill Road, as well as a sign that

will be two (2) square feet or less near the parking lot entrance to indicate that the parking lot is

for residents, visitors, and staff of Arden Courts only. The Applicant will need to pursue a sign

variance for the monument sign from MCDPS. The sign at the parking lot entrance is exempt

from Division 6.7 of the Zoning Ordinance (Signs) pursuant to Section 59-6.7.3.A.3 (which

provides that “[a] sign on private property does not require a permit when the area of the sign is

2 square feet or less, and … the sign is a warning to the public about trespass, danger, or safety

considerations”). In addition, internal traffic and directional signage may be provided on-site in

Arden Courts in accordance with Section 59-6.7.3.C.1. No signage is proposed for the lot for the

single-family home to remain.

2. The preliminary plan substantially conforms to the master plan.

As noted above, the Property lies within the area addressed by the July 1989 Approved and

Adopted Germantown Master Plan. The Master Plan notes that “although Germantown’s elderly

population is modest, it is expected to increase as Germantown continues to grow and its

population matures and housing opportunities are broadened.” (p. 141). To that end, the Master

Plan acknowledges that “housing for the elderly will be needed in Germantown, as will nursing


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homes.” (p. 141). Given the demographics of Germantown’s population, the Master Plan

identifies an intent to “promote a mix of housing types that can accommodate families of varying

ages and income levels and allow opportunities for them to continue to living in Germantown as

their needs and tastes change.” (p. 9). Consistent with these recommendations, this Project will

help fulfill and satisfy the demand for a greater range of housing options in the area, in particular

for the elderly.

The Master Plan locates the Property in the Clopper Village-2 analysis area, and notes that “it

would be suitable for a child or elderly day-care center, religious facility or similar use” due to

its location in a residential area and adjacency to an arterial road. (p. 63). A residential care

facility serves the needs of the elderly population, as would an elderly day-care center, and

fulfills the Master Plan’s identified need for providing additional housing and housing types

while actually generating significantly less traffic than would either a child or elderly day-care

center. Either a child or elderly day-care center would also have peak drop-off and pick-up

hours that would directly interfere with the start and dismissal times of Germantown Elementary

School, across the street from the Property, while the vehicle trips at the Project avoid these

times. Thus, the proposed residential care facility not only satisfies Germantown’s need for

elderly housing, but would have a lesser impact on adjacent properties and the surrounding

neighborhood than the uses identified by the Master Plan. Significantly, the Project is

compatible with the existing residential character of the area surrounding the Property as

recommended by the Master Plan. (p. 63). The Project has been designed to have a residential

exterior appearance, and is only one story in height, lower in number of stories than the adjacent

and nearby residential uses (with the single-family homes in the area generally two stories, and

the townhouses two to three stories). Significant landscaping both enhances the appearance of

the Project, while also serving to buffer the use from neighboring properties. Other relevant

Master Plan recommendations and the manner in which the Application satisfies them, are as

follows:

Improve the appearance of Germantown, which includes the predominance of attached homes, as well as the lack of landscaping and other visual amenities. (p. 8)


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This Application will improve the appearance of the Property by providing a building form and

landscaping that is consistent with the residential character of Germantown. Arden Courts

specifically will help to reduce the predominance of attached homes by providing a different

form of housing than the existing Fountain Hills townhouse development to the southeast of the

Property, the Fountain Hills single-family homes to the south, and the many other townhouses

and single-family homes in the area. This Application will preserve and protect portions of the

existing forested areas along the perimeter of the Property, while adding well-designed

landscaping that enhances the appearance of the Property.

Increasing the County’s total housing stock and concurrently providing an appropriate mix of housing types. (p. 1)

This Application will create opportunities for existing residents to remain in Germantown as

their needs and demands change. Arden Courts specifically will broaden the types of housing

currently available in Germantown to meet an unmet demand for elderly housing, while

diversifying the mix of housing types (i.e., single-family attached and detached) located at the

neighboring properties.

Maintains the planning area’s natural features, particularly stream valleys and other environmentally sensitive areas. (p. 87)

As shown the Preliminary Plan of Subdivision and Landscape Plan, this Application will

maintain and enhance the stream valley located to the southeast of the Property. The landscaping

and stormwater management facilities proposed by the Project will protect this important

environmental feature. Additionally, this Application will preserve portions (primarily along the

eastern and southern Property lines) of the existing trees at the Property which is consistent with

the Master Plan’s goal of encouraging “the preservation of existing forest areas, including

preserving as many trees as possible on development sites … .” (p. 97).

3. Public facilities will be adequate to support and service the area of the subdivision.

Pursuant to the 2016 Subdivision Staging Policy, “[t]he Planning Board and staff must consider

the programmed services to be adequate for facilities such as police stations, firehouses, and

health clinics unless there is evidence that a local area problem will be generated”. There is no


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evidence of a local area problem, and thus the Property will be adequately served by the

Germantown 5th District Police Station and Montgomery County Fire & Rescue Station 22

(Germantown-Kingsview). The Project is designated W-1/S-1 and is served by public water and

sewer services.

Because the Application is for a residential care facility for adults and will house no children,

school adequacy need not be evaluated. Further, the single-family home is existing and will not

generate any additional usage of public school facilities beyond what it is already generating. To

the extent that this Application is considered a “new subdivision”, the one single-family home is

considered “de minimis development” and thus not subject to the public school adequacy test.

At the time of review of the Conditional Use, the 2012-2016 Subdivision Staging Policy and its

associated transportation tests were in effect, and it was determined that the Project would satisfy

all applicable transportation tests and therefore transportation facilities would be adequate to

serve the proposed use. However, the 2016 Subdivision Staging Policy has since taken effect,

and it is this policy that will apply to review of this Application. The LATR Traffic Exemption

Statement submitted with this Application indicates that the Project is exempt from LATR

requirements, since it will generate less than the 50 transit, 50 non-motorized (bicycle test), 50

pedestrian, and 50 person trip thresholds that would trigger the required studies. Note that the

2016 Subdivision Staging Policy no longer contains a policy area review test. At the time of the

Conditional Use application a supplemental analysis was prepared to provide additional

information to address concerns raised by citizens regarding access functionality and safety.

This analysis was reviewed and approved at the time by both M-NCPPC Staff and MCDOT

Staff, and has been included with this Application for reference purposes. The site is well-served

by both bus and pedestrian access. County Ride-On bus service Routes 71, 61, and 74 are all

within close proximity to the site. Ride-On Bus Route 71 has a bus stop located at the

intersection of Liberty Mill Road and Dawson Farm Road. Sidewalks and/or a shared use path

are provided along both sides of Dawson Farm Road. Sidewalks are also provided on both sides

of Liberty Mill Road.

4. All Forest Conservation Law, Chapter 22A requirements are satisfied.


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All applicable requirements for forest conservation under Chapter 22A are satisfied. A Natural

Resource Inventory/Forest Stand Delineation (NRI/FSD No. 420161070) was approved for the

Property by M-NCPPC Staff on February 5, 2016. The Planning Board approved the

preliminary forest conservation plan (CU2017-02) for the Property at its hearing on November

10, 2016, also granting a variance for impacts to two trees. A final forest conservation plan has

been submitted with this Application, demonstrating conformance with the preliminary forest

conservation plan.

5. All stormwater management, water quality plan, and floodplain requirements of Chapter 19 are satisfied.

The Project will provide sediment and erosion control and water quality treatment for stormwater

as required by County laws, rules, and regulations. The Stormwater Management Concept Plan

for the Property was approved by MCDPS on July 27, 2016, and demonstrates environmental

site design to the maximum extent practicable. Further, included with this Application are the

required Drainage Study plans, demonstrating adequacy of the receiving downstream drainage

system.

6. Any other applicable provision specific to the property and necessary for approval of the subdivision is satisfied.

As noted above, Arden Courts will comply with all conditions of approval contained in the

Hearing Examiner’s Report and Decision (dated January 13, 2017) for the Conditional Use, and

this Application is in full conformance with the plans and materials approved for that

application.

Community Outreach

While the Zoning Ordinance does not require an applicant for a conditional use application to

meet with the community in advance of filing of such an application, the Applicant held a pre-

submission community meeting with the neighborhood and other interested parties on May 16,

2016, in advance of filing the Conditional Use. The Applicant also met with the Principal of

Germantown Elementary School (Ms. Amy Bryant) on June 3, 2016, as well as the Real Estate

Management Team Leader for Montgomery County Public Schools (Mr. Peter Geiling, and his

colleague, Mr. Michael Shpur) on June 14, 2016. The Applicant held a pre-submission ______________________________________________________________________________ARDEN COURTS OF GERMANTOWN JANUARY 2017 PAGE 16

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community meeting specifically for this Application on January 23, 2017. At that meeting, the

Applicant provided an update on the status of the Conditional Use and the Project, and answered

questions from attendees.

V. CONCLUSION

The Applicant respectfully requests that the Planning Board grant approval of this Application.

As discussed in detail above and in the materials submitted with this Application, the Project

satisfies all of the findings that are required to be made in order to approve this Preliminary Plan

of Subdivision for a residential care facility and the single-family home to remain in the R-200

Zone.


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Documents

eplans.montgomeryplanning.org · Web viewThe Property is zoned Residential-200 (R-200), and is located in the southern quadrant of the intersection of Liberty Mill Road and Dawson