MD - Rockville: Mayor and Council

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Mayor and Council

Sarah Miller Rev. Jane E. Wood

Jim Wasilak, Staff Liaison

Cynthia Walters, Deputy City Attorney Eliot Schaefer, Assistant City Attorney
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1.
Recommendation to Mayor and Council

A. Project Plan PJT2018-00011, Twinbrook Quarter, for a Proposed Mixed- Use Development Consisting of Commercial, Office and Residential Uses at 1500-1616 Rockville Pike; Saul Holdings, LP, Applicants

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B.
Project Plan PJT2018-00010, for an Amendment to the Existing Project Plan Consisting of Commercial and Office Space in the PD-CB (Planned Development - Champion Billiards) at 900 Rockville Pike; J. Danshes LLC, Applicant

No additional detail provided

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2.
Commission Items

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A.
Staff Liaison Report

No additional detail provided

B.
Old Business

No additional detail provided

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C.
New Business

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Planning Commission February 27, 2019

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D.
FYI/Correspondence

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3.
Adjourn

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Planning Commission February 27, 2019

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HELPFUL INFORMATION FOR STAKEHOLDERS AND APPLICANTS

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I.
GENERAL ORDER OF SESSION FOR DEVELOPMENT APPLICATIONS 1. Staff presentation 2. City Board or Commission comment 3. Applicant presentation (10 min.) 4. Public comment (3 min, or 5 min for the representative of an association) 5. Planning Commission Discussion and Deliberation 6. Decision or recommendation by vote

The Commission may ask questions of any party at any time during the proceedings.
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II.
PLANNING COMMISSION BROADCAST

Watch LIVE on Comcast Cable Rockville Channel 11 and online at: www.rockvillemd.gov

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Replay on Comcast Cable Channel 11:

o Wednesdays at 7:00 pm (if no live meeting) o Sundays at 7:00 pm o Mondays, Thursdays and Saturdays at 1:00 pm
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o
Saturdays and Sundays at 12:00 am (midnight)

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Video on Demand (within 48 hours of meeting) at: www.rockvillemd.gov/VideoOnDemand.

No additional detail provided

III.
NEW DEVELOPMENT APPLICATIONS For a complete list of all applications on file, visit: www.rockvillemd.gov/DevelopmentWatch.

No additional detail provided

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VI.
ADDITIONAL INFORMATION RESOURCES

Additional resources are available to anyone who would like more information about the planning and development review process on the City s web site at: www.rockvillemd.gov/cpds. Maryland law and the Planning Commission's Rules of Procedure regarding ex parte (extra-record) communications require all discussion, review, and consideration of the Commission's business take place only during the Commission's consideration of the item at a scheduled meeting. Telephone calls and meetings with Commission members in advance of the meeting are not permitted. Written communications will be directed to appropriate staff members for response and included in briefing materials for all members of the Commission. Agenda Item : A Meeting Date: February 27, 2019 Responsible Staff: Brian Wilson SUBJECT: Project Plan PJT2018-00011, Twinbrook Quarter, for a

Tagged Passions:planning, business, boards and commissions, development, materials, procedure, communications, Development, and Communications

Proposed Mixed-Use Development Consisting of Commercial,

Office and Residential Uses at 1500-1616 Rockville Pike;
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Saul Holdings, LP, Applicants

RECOMMENDATION (Include change in law or Policy if appropriate in this section): Staff recommends approval, subject to the findings and conditions outlined in the staff report. 1.A Packet Pg. 4 Overview

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Case: PJT2018-00011, Twinbrook Quarter

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Location: 1500-1616 Rockville Pike

Staff: Brian Wilson, AICP 240-314-8227 bwilson@rockvillemd.gov

Applicant: Saul Holdings, LP

No additional detail provided

Filing Date: January 25, 2018

Executive Summary The applicant, Saul Holdings, LP, has submitted a Project Plan application to allow for the construction of a mixed-use development consisting of up to 1,865 apartment units; 472,950 square feet of restaurant and retail; 431,440 square feet of office use; and, 9,000 square feet of entertainment use. The project is designed with three primary blocks that are positioned around a central park space, all within a short distance of the Twinbrook Metro station. The applicant has proposed to extend Chapman Avenue the length of the property and construct two additional streets, Congressional Lane extended and Festival Street, between Rockville Pike and Chapman Avenue. The subject property is approximately 18.4 acres and is located in the MXTD (Mixed-Use Transit District) Zone. The site is bounded by Halpine Road on the south, Rockville Pike on the west, and the WMATA/CSX train tracks on the east. Existing development on the site consists of 240,756 square feet of commercially used office, retail and restaurant space in various states of occupancy. 1.A Packet Pg. 5 During the review of the proposed application, staff worked with the applicant to address several issues related to the development concept. Central to the review process was ensuring that the road design and layout were accurately reflected on both the concept and the road cross-section schematics. In addition, substantial time was spent working with the applicant to ensure the adequacy of sewer capacity, and if the amount of open space proposed would be enough to support both the population living on the site and visitors to the site. The applicant also has worked with staff to ensure that the potential long-term phasing would ensure adequate safety. Parking has conceptually been considered and the applicant has requested that the City grant a waiver of 43 from the required amount of parking spaces to be provided, as well as a final determination that the project qualifies as a Champion Project. The application has been reviewed for conceptual compliance with all relevant City codes and policies, including forest conservation, stormwater management, utility adequacy and traffic and transportation. One item that the Planning Commission needs to decide upon is whether to recommend a dedicated bike lane or sharrows along Chapman Avenue Extended. The applicant has set forth justifications for sharrows substituting for the on-road bike lanes recommended in the 2017 Bikeway Master Plan (see Attachment B). Since the City s 2017 Bikeway Master Plan provides guidance and does not require the on-road bike lanes, the Planning Commission has the flexibility to decide whether to recommend sharrows or on-road bike lanes as the most appropriate choice with this proposed development.
Tagged Passions:grant, planning, construction, sewer, boards and commissions, streets, utility, development, Utility, restaurants, Public Transit, transportation, Conservation, Development, property, commercial, compliance, Bicycles, festival, bicycles, traffic, stormwater, and parking

Based on that review and subject to the proposed findings and recommended conditions, staff recommends that the Planning Commission forward a recommendation to Mayor and Council for approval of the proposed Project Plan that grants Champion Project status, a parking waiver of 43 , and a condition on sharrows or on-road bike lanes for Chapman Avenue.

The Planning Commission s role at this point in the Project Plan process is to (1) conduct a review of the application at a public meeting, allowing an opportunity for public comment and to (2) transmit comments and recommendations to the Mayor and Council, who are the Approving Authority for Project Plan applications.

Tagged Passions:grant, planning, council, boards and commissions, streets, Bicycles, bicycles, and parking

Discussion The Planning Commission received oral testimony from the public at its meeting of February 13,

2019, and also received written testimony prior to the closing of the record at the close of business on Friday, February 15 (See Attachment A). Ten speakers addressed the Commission at the meeting, and written testimony received at or after the meeting is included as an
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attachment. The following is a summary of public comments, and staff responses.

1.
Pedestrian and bike crossing of Metro/CSX tracks: Several comments were made in

support of a pedestrian and bicycle bridge connection to the Twinbrook neighborhood over the Metro/CSX tracks, including a request that the applicant contribute to a study

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of potential crossings between the Twinbrook Metro station and First Street. The

No additional detail provided

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applicant has provided that the design of Building 7 of the project would allow for the

connection. 1.A Packet Pg. 6

2.
Bike lanes or sharrows on Chapman Avenue extended: Several members of the public,

including the Twinbrook Community Association, spoke in favor of bike lanes. The Rockville Bicycle Advisory Committee (RBAC) representative spoke in favor of a two-foot protected buffer between on-street parking and bike lane. In addition, a suggestion was made to lower the speed limit on Chapman to make sharrows a safe option. Staff has provided options for the Planning Commission and Mayor and Council to consider. The Planning Commission has the flexibility to decide whether to recommend sharrows or on-

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road bike lanes as the most appropriate choice with this proposed development.

3. LEED certification. Applicant will be required to comply with the City s Green Building requirements.

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4.
Living walls or landscape screens at property edges: These can be reviewed and required

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if necessary as part of site plan review.

5.
Construction impacts on neighborhood, including construction vehicles, the potential

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for blasting and how notification will take place, and how pollutants will be minimized in

the demolition process. These conditions are typically imposed at Site Plan review, and

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then required as part of the Public Works permits for construction.

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6.
How utility work on the project will impact Twinbrook residents. The development of

the Twinbrook Quarter project will not impact the availability of drinking water, sanitary sewer, and storm drain utility service to the Twinbrook neighborhood. The developer of

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Twinbrook Quarter is responsible for the mitigation of sanitary sewer capacity

deficiencies caused by the development s demand increase and may be responsible for storm drain improvements to provide safe conveyance of stormwater. The sanitary sewer deficiencies are known and located near the intersection of Higgins Place and Ardennes Avenue, Ardennes Avenue and Halpine Road, Halpine Road at Alsace Lane, and in the stream valley between Alsace Lane and Pier Drive north of Halpine Road. The
Tagged Passions:sewer, streets, utility, beach, development, Utility, ports, Development, and stormwater

mitigation of the deficiencies may involve the replacement of existing infrastructure with

larger sized pipes, or the abandonment of existing infrastructure and the construction of

larger pipes in a new alignment. The Avalon Bay at Twinbrook project is subject to a

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portion of the required mitigation, and future developments may also be subject to the

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required mitigation, therefore, Twinbrook Quarter may not solely perform all of the

improvements. The availability of water, sewer and storm drain utilities to individual properties will not be affected by the infrastructure improvements. Refer to the exhibits for Sanitary Sewer Deficiencies B and C for more information. The City does not provide gas, electric and telecommunications utility service, but does regulate the utility provider s impacts within the City right-of-way. If utilities
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improvements are needed in the Twinbrook neighborhood to provide service to

Twinbrook Quarter, then the City will issue permits to the utility companies for all work within City right-of-way. Utility permits will include conditions that require pedestrian and vehicular safety during construction, and restoration of the right-of-way upon

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completion of the work.

7.
Provide active experiences and not just retail. Staff supports, but ultimately this will be

1.A Packet Pg. 7

up to the applicant, and the tenants that lease space in the project.

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8.
Provide free parking during the first two hours for patrons. As a private garage, this

policy will be determined by the applicant.

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9.
Concerns about storm water runoff produced by the project and impacts on the

No additional detail provided

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neighborhood. DPW staff will meet with TCA representatives to hear and understand

their storm water runoff concerns. The potential for storm drain improvements is not yet known, and per Chapter 19 of the City Code, will be determined at the Site Plan phase through DPW s review of the Safe Conveyance Analysis, which is prepared by the developer s engineer. Storm drain improvements may be necessary if the receiving storm drain system is inadequate to convey the stormwater. 10. Concerns regarding the overcrowding of schools and the way champion projects are defined as they relate to the APFO schools test exemption. The project meets the criteria for the exemption from the school capacity test recently approved by the Mayor and Council, which exempts Champion Projects that meet certain criteria. The definition for Champion Project has not been changed, and is a determination made by the Mayor and
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exemption from the school capacity test of the APFS. Staff recommends that the Commission

discuss these issues in addition to the overall Project Plan findings and recommended
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conditions. The February 13 staff report and attachments are found beginning with Attachment

G.
Bike Lanes or Sharrows on Chapman Avenue Extended

No additional detail provided

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The Traffic and Transportation Commission and the Rockville Bicycle Advisory Committee reviewed the applicant s proposal. They both supported the 2017 Bikeway Master Plan to provide bike lanes on Chapman Avenue, and their recommendation has been submitted to the Planning Commission as Attachments C and D.

Since the City s 2017 Bikeway Master Plan provides guidance and does not require the on-road bike lanes, the Planning Commission has the flexibility to decide whether to recommend sharrows or on-road bike lanes as the most appropriate choice with this proposed development. Below is language for approval of the project for Bike Lanes or Sharrows. The Planning Commission should choose one of the following when recommending conditions of approval for the project. Condition A (Bike Lanes): Extension of Chapman Avenue north of Halpine Road in an 80- foot wide right-of-way, and constructing a two-lane roadway consisting of a 10-foot 1.A Packet Pg. 8 sidewalk, a 7-foot landscaped buffer, 7-foot parking, a 5-foot bike lane, and a 11-foot travel lane for each direction. This cross section requires 4 additional feet in right-of- way than that shown on the applicant s plans. This condition is consistent with the City s 2017 Bikeway Master Plan recommendation, and Business District II type roadway Road code requirements, as recommended by the 2016 Rockville Pike Neighborhood Plan Road.
Tagged Passions:planning, business, boards and commissions, streets, travel, development, transportation, Development, buildings and grounds, Bicycles, Pedestrian, bicycles, traffic, neighborhood, and parking

Condition B (Sharrows): Extension of Chapman Avenue north of Halpin Road in a 76-foot wide right-of-way, and constructing a two-lane roadway consisting of a 10-foot sidewalk, a 7-foot landscaped buffer, 7-foot parking and a 14-foot shared travel lane, also known as a Sharrow . The sharrow lane is a marked shared travel lane that will accommodate both bicycles and vehicles together using a wider travel lane.

This condition accommodates for bicycles and is consistent with the Business District II type roadway Road Code requirements, as recommended by the 2016 Rockville Pike Neighborhood Plan. At the February 13 Commission meeting, the applicant provided additional information in reference to the sharrows and bike lanes on Chapman Avenue. Staff is providing additional information and clarification to provide a broader perspective on the options for bike lanes or sharrows.
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1.
Research on Bike Lanes and Sharrows Research and publications exist on both sides to

justify bike lanes or sharrows as the preference. There is no consensus that sharrows provide a better or safer solution for bicyclists. There appears to be ample research and articles that favor bike lanes over sharrows. One of the most referenced studies related to this subject is The Relative (In)Effectiveness of Bicycle Sharrows on Ridership and

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Safety Outcomes presented at the Transportation Research Board (TRB 2016). This

study raised concerns about sharrows and their effectiveness, and concluded that more appropriate infrastructure is needed (Attachment E). Staff has provided an additional article that favors bike lanes (See Attachment F)

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2.
Bikeway Master Plan - A reference was made by the applicant to the City s Bikeway

Master Plan section 3.2, p. 18, stating that sharrows are appropriate for roadways with posted speed limit under 35 mph. The sentence the applicant referred to is included in the Bikeway Master Plan under the description of bike route signs on p. 18. However,

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on p. 19, where sharrows are described, the Plan states: Every attempt to add in

separated bicycle lanes should be made when possible, but when there is insufficient road width, sharrows should be considered. 3. County Bicycle Master Plan - The applicant also made a reference to the Montgomery County Bicycle Master Plan. It should be noted that on page 62 of this Plan (https://montgomeryplanning.org/wp-content/uploads/2017/11/Montgomery-County-

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Bicycle-Master-Plan-Working-Draft-Web.pdf), it states that sharrows are only to be

1.A Packet Pg. 9 used as a retrofit on existing streets where implementing the desired bikeway is infeasible. They are not to be used on new streets.

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4.
Effects of Sharrows on Traffic The applicant provided Information suggesting that

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sharrows slow traffic. Staff is not convinced that this is the case. Staff believes that

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drivers may tend to travel at a higher speed on a wider road or travel lane on a 14-foot

lane (proposed by applicant) than on an 11-foot lane (recommended by the Bikeway

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Master Plan). From staff s experience in Rockville, staff has concluded that narrow lanes

have slowed traffic speeds.

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5.
Safety for Cyclists - Information suggesting that sharrows create a safer environment for

No additional detail provided

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cyclists was provided by the applicant. It can be debated that sharrows are not safer. In

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addition to the expectation of drivers traveling at a higher speed on a wider road or

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travel lane, the dooring issue could be worse with sharrows. The applicant s proposed

cross section of 14 feet to be shared between a vehicle and a bicycle limits the bicyclist to a much narrower space - 3 feet at best - while sharing the road with vehicles, which increases the dooring issue compared to the recommended cross section that provides a 5-foot bike lane. The other option for bicyclists to ride in the middle of the travel lane at a much slower speed than vehicles (10 mph) may cause more danger to both modes
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of travel. The City s Complete Street policy and the Mayor Council initiative to

establish Vision Zero are in line with providing the safer option for a bicycle facility such as a bike lane. 6. Safety for Pedestrians The applicant has also provided information suggesting that sharrows create a safer and better pedestrian experience. Staff believes that the only

Tagged Passions:council, facility, streets, travel, strategic, policy, Bicycles, Pedestrian, and bicycles

known benefit is that the applicant s proposed cross section provides 4 feet less

distance for a pedestrian to cross Chapman Avenue. Based on the standard walking

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speed of 3.5 ft/sec, it takes only about one additional second to cross the street with

bike lanes in place. Additionally, staff believes that less conflict between bicycles and vehicles should provide a safer environment for all modes.
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While installing the bike lanes conflicts with the applicant s vision and design for the project,

the Planning Commission, as well as the Mayor Council has been provided a variety of
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information on this issue for consideration. Staff will be available during the February 27

Planning Commission meeting to answer any questions. Proposed Parking Reduction The applicant has requested a parking reduction based on the location of the site and its designation in the MXTD Zone. Due to the conceptual nature of the proposal, and the fact that parking for uses such as restaurants can vary depending on the operation and design of the business, staff cannot provide a specific number of vehicle spaces required by Ordinance. The applicant estimates that 6,546 parking spaces will be required, and 3,732 spaces can be accommodated through on-street and structured parking. Based on the proposed use structure scenario, staff concludes that the applicant s estimate of the number of spaces that will be 1.A Packet Pg. 10
Tagged Passions:planning, business, ordinance, boards and commissions, streets, restaurants, and parking

required by Ordinance appears to be reasonable.

The applicant is requesting a 43 reduction in the number of on-site spaces for the entire project. The request for a 43 reduction is consistent with the parking reduction previously approved in a similar location for the development known as the Galvan, a mixed-use development that has been constructed and is operating with no known parking issues. If granted, required parking would be calculated at each site plan phase, then reduced by 43 to determine the number of spaces required for that portion of the site. A decision to allow a reduced number of parking spaces must be made by the Mayor and Council as part of Project Plan approval. The Mayor and Council may grant a reduction in the number of spaces required provided that:

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1.
A major point of pedestrian access to such building or buildings is within seven-tenths of a mile (3,696 feet) walking distance of a transit station entrance; or

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2.
There are 3 or more bus routes in the immediate vicinity of the building; or 3. There is a major public parking facility available to the public within 1,000 feet of a

building entrance; or 4. Where the size of the lot is so small that meeting the parking requirement would prevent redevelopment; or 5. Where there is a bikeway in close proximity to the site and the applicant demonstrates that the uses in the proposed development are conducive to bicycle use; or 6. For any other good cause shown. The applicant states that a reduction is justified for the following reasons:

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1.
The property is within 600 feet of the Twinbrook MetroStation entrance and the entire project is within one-quarter of a mile;

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2.
The property is served by more than 3 bus lines; 3. The property is within 1,000 feet of the WMATA public parking garage which houses

over 1,000 parking spaces available to the public; 4. The proposed project is a model for Transit-Oriented Development and the design will lend itself to transit ridership, Uber, Capital Bikeshare and other modes of transportation. Staff finds that the requested parking reduction is justified, based on compliance with criteria 1,
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2
and 3 noted above, as found in the Zoning Ordinance. Final parking amounts will be

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established at the time of each site plan submission.

Phasing The applicant has provided a conceptual phasing exhibit as part of the submission. Within that plan, the limits of Phases 1 and 2 are defined. The remaining phases are subject to change based on timing. Phase 1 will include the construction of Festival Street and Building 1, as well as the extension of Chapman Avenue from Halpine Road to the intersection with Festival Street. 1.A Packet Pg. 11
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Phase Two will include the construction of Buildings 2, 9 and 10, as well as the central park area and an extended portion of Chapman Avenue. The Phasing Exhibit also provides for the flexibility to incorporate sub-phases within a larger phase. The extent of a phase and whether it will include sub-phases will be a determination made by the applicant and reviewed by the City at the time of each site plan submission. The City will maintain the authority to review each proposed phase to address and limit the project construction s impact on the health, safety and welfare of the neighborhood.

Champion Project As part of the review and approval process, the Mayor and Council must find that the

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application meets the Champion Project criteria outlined in the Zoning Ordinance. This

designation allows certain benefits, such as increased height, reduced setbacks and an
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exemption from the school test in the APFS. The proposed Twinbrook Quarter development

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project meets the location (South Pike) and size criteria (five or more acres) required of a

Champion Project, as defined in the Zoning Ordinance. The other Champion Project criteria are as follow: The project must significantly advance one or more of the following goals: (a) Increases multifamily housing that provides more than the minimum requirement of
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moderately-priced dwelling units near the Twinbrook Metro Station; and/or (b) Provides more than the required public use space; and/or (c) Provides more than the required vehicular, bicycle and/or pedestrian safety measures

No additional detail provided

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and/or provides pedestrian and bicycle access over or under the CSX/Metro tracks; and/or

(d) Provides a significant increase in the amount of employment
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Staff finds the proposal advances the mobility goal outlined in criteria (c) due to the expanded grid street network the project will create, the increased public use space outlined in criteria (b)

1.A Packet Pg. 12 as well as the employment goal outlined in criteria (d), and therefore qualifies as a Champion Project.
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Exemption from the APFS School Capacity Test The project site spans two school clusters. The area south of Congressional Lane extended is located within the Walter Johnson school cluster, and the area north of Congressional Lane extended is located within the Richard Montgomery school cluster. The applicant has indicated that a maximum of 1,456 apartment units will be located within the Water Johnson school cluster, and a maximum of 409 apartment units will be located in the Richard Montgomery school cluster.

With the additional students generated by the proposed development, both Farmland ES and Walter Johnson HS would exceed the 120 school capacity threshold, and Farmland ES would exceed the maximum seat deficit. While Walter Johnson HS is considered open conditionally due to the capacity afforded in the new Charles W. Woodward HS, the Project Plan could not be approved due to the overcapacity in Farmland ES and in Richard Montgomery HS. All other school levels would meet the test.
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The Mayor and Council recently approved an amendment to the school test that provides for an exemption from the schools test for Champion Projects, provided that the residential portion of the project includes only multi-family high-rise units; that the residential units will be constructed over a period of ten or more years; that the project includes one non-residential use; and that at least one-half acre of contiguous public use space is provided. Provided the project is deemed a Champion Project, staff finds that the Project Plan meets all of the criteria; therefore, the Plan is exempted from the schools test.

No additional detail provided

Tagged Passions:council and education

Findings In accordance with Section 25.07.01.b.2, of the Zoning Ordinance, a Project Plan may be approved only if the Mayor and Council find that the approval of the application will not:

No additional detail provided

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Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project; At this initial stage in the development review process of the proposed Project Plan application, staff has found no evidence that the development of a commercial and residential mixed-use arrangement will be detrimental to the health and safety of persons working or living in this area. The proposed development will require improvements to the road, pedestrian, bicycle and sewer infrastructure in this area resulting from its impact.

Tagged Passions:health, sewer, streets, utility, development, Utility, Development, commercial, Bicycles, Pedestrian, bicycles, and neighborhood

Be in Conflict with the Plan; As indicated in the above discussion, the proposal will not be in conflict with the Rockville Pike Neighborhood Plan in that the development presents a mix of uses in a transit-oriented design, consistent with the MXTD Zone and the Plan. The project contemplates an open space system for both the public and resident use, appropriate pedestrian, bicycle and vehicle connections to

1.A Packet Pg. 13 Metro and bus infrastructure, and it is designed in such a manner to promote a pedestrian scale style of development that is central to the goals of the Plan.

Tagged Passions:development, Public Transit, Development, Bicycles, Pedestrian, bicycles, and neighborhood

Overburden existing and programed public facilities as set forth in Article 20 of the Zoning Ordinance and as provided in the adopted Adequate Public facilities Standards; As required per Sec. 25.20.03.a.3 of the Zoning Ordinance, the proposal is subject to a determination of adequate public facilities compliance. Pursuant to the discussion in the staff report, staff has analyzed the proposal for compliance with the Adequate Public Facilities Standards and has determined that the proposed development, as a Champion Project, meets the criteria for an exemption from the school capacity test (Section II.B of the APFS). The application also meets the test for transportation and sewer and water service, subject to the conditions of approval.

Constitute a violation of any provision of the Zoning Ordinance or other applicable law; or The proposed Project Plan application as submitted complies with all provisions of the Zoning Ordinance, in that a concept plan has been submitted with associated tables and graphics that would act as the development regulations for the area at the time site plans are submitted for review and approval. The Project Plan has been found to meet the criteria for a Champion Project, in that it contains more than 5 acres and is located in the South Pike area, and provides for an increase in employment, provides more public use space than required, and provides additional safety measures for transportation through extension of a street grid.

Tagged Passions:regulation, ordinance, sewer, utility, development, Utility, zoning, transportation, program, employment, water, Development, compliance, and education

Adversely affect the natural resources or environment of the City or surrounding areas. As expressed in the staff report, the approved NRI/FSD for the site did not identify any natural resources or features that could be negatively impacted by the proposed development. The applicant has proposed to create a significant amount of park space, including the central park and the linear park adjacent to the railroad tracks, also to include additional private open space amenities on the platform levels of various buildings. Stormwater management issues have been reviewed by the City and it has been determined that the applicant will be able to feasibly meet stormwater requirements when site plans are submitted, as well as providing for off-site stormwater management.

Conditions Staff recommends the Planning Commission recommend approval of Project Plan application PJT2018-00011 to the Mayor and Council. The proposal meets the findings necessary to approve the project, as the proposal advances several stated objectives of the Master Plan, and is consistent with the requirements of the Zoning Ordinance. To ensure compliance with the findings at the site plan phase, staff recommends approval with the following conditions, which incorporate changes discussed at the February 13 meeting, to be incorporated into a Mayor and Council resolution. The Planning Commission should choose will need to choose either condition A or B regarding bike lanes or sharrows as previously discussed when recommending conditions of approval for the project. 1.A Packet Pg. 14
Tagged Passions:planning, ordinance, council, boards and commissions, development, zoning, Conservation, environment, parks, Development, compliance, Bicycles, bicycles, and stormwater

Community Planning and Development Services 1. The proposed development must be designed in a manner generally consistent with the

No additional detail provided

Tagged Passions:planning, development, services, and Development

concept design and associated exhibits of the Project Plan Concept dated October 25, 2018. This includes the proposed maximum density table provided on the Project Plan cover page. These numbers are maximums and in no way absolve the applicant from demonstrating that the specific terms of all applicable City Ordinances can be met during each site plan submission, except as otherwise outlined within the approval resolution.

No additional detail provided

Tagged Passions:ordinance

2.
The proposed development shall be generally consistent with the Illustrative Phasing Plan dated October 25, 2018, with the understanding that Phase 1 and Phase 2 are specifically defined at this time and the sequence of future phases may change.

Tagged Passions:development and Development

3.
Staff has requested additional information from the applicant so that a final determination may be made in accordance with Sec. 25.07.02.a.4(c) at the site plan phase.

Forestry 4. Prior to the approval of any subsequent site plan, the applicant must gain the approval of a

Tagged Passions:Forestry

Preliminary Forest Conservation Plan (PFCP) that shows compliance with the FTPO. a. The site is required to show afforestation mitigation of 15 of the property for the

entire site, less area already subject to the FTPO, per FTP2010-00001. i. A request for fee-in-lieu, accompanied by a letter of justification was approved by the City Forester, per Section 10.5-24(a)(1)iv. The site is required to plant 40 of afforestation square footage per city standards. The applicant may pay up to 60 of the requirement as fee-in-lieu payment.

Tagged Passions:Conservation, plant, property, compliance, and Fee-in-lieu

b.
The plan is required to provide mitigation to compensate for all significant tree removals on the entire site. i. Any replacement trees shown within proposed stormwater management planters

are subject to the approval by the Department of Public Works. ii. Requests for fee-in-lieu must be accompanied by a letter of justification subject to approval by the City Forester. c. The plan must show how the minimum tree cover of 5 of the entire area is met onsite. 5. The applicant must replace credit shown on FTP2010-00001 with onsite plantings, not with fee-in-lieu. 6. As part of the PFCP, applicant must clearly identify all existing easements and restrictions on the Property. The applicant must provide the City with the proposed status the existing Forest Conservation easement (L. 39208 F. 307). 7. The applicant must comply with all requirements of WMATA s Joint Development and Adjacent Construction Manual, Design Criteria and the provisions of all existing WMATA easements on the property. Prior to submission of any phase s Site Plan, the applicant must identify all proposed development within the WMATA Zone of Influence on the property and provide the City with all correspondence related to compliance with WMATA s requirements. The applicant must receive written approval from WMATA for the design and construction methods for all improvements and for required forest conservation easements associated with trees credited toward forest conservation/afforestation. Any significant changes to the proposed development to comply with WMATA s Design Criteria, or denial by WMATA to allow forest conservation easements to be recorded for trees planted within 1.A Packet Pg. 15 the subject zones will require the applicant to revise the plan to comply with all City forestry requirements. Failure to obtain WMATA approval will not be sufficient justification for fee- in-lieu payment. 8. Beginning with the first site plan submission, the applicant must submit a Final Forest Conservation Plan (FFCP) which meets the minimum requirements approved with the PFCP plan for the entire site. Some of these plantings may be considered temporary, but forest conservation/afforestation plantings, replacement plantings, and minimum tree cover planting thresholds must be in place for the entire site with each phase. 9. The applicant must obtain a Maryland Department of Natural Resources Roadside Tree Permit for the removal of trees within the MD 355 right-of-way and provide that permit and all associated correspondence with MD DNR to the City.

Tagged Passions:construction, development, Conservation, Public Works, public works, plant, trees, Development, property, Forestry, compliance, Fee-in-lieu, stormwater, and easement

10.
At the time of site plan submission, the applicant must submit a landscape plan consistent with all City ordinances and the Project Plan Resolution.

Tagged Passions:ordinance and buildings and grounds

Department of Public Works (DPW) 11. The applicant must construct the extension of Chapman Avenue, Halpine Road,

Tagged Passions:streets, Public Works, and public works

Congressional Lane, private Festival Street, private alley and Rockville Pike and construct all public improvements within the property per City standards and specifications, except as otherwise approved or waived. Minor deviations from the approved cross-sections require approval from the Director of Public Works at the Site Plan phase. The right-of-way for all public roads within the property must be dedicated to public use and be reflected on a Final Record Plat to be reviewed by staff and approved by the Planning Commission and other approving agencies having an interest in the right-of-way dedication.

No additional detail provided

Tagged Passions:planning, boards and commissions, streets, zoning, Public Works, public works, property, and festival

12.
Street cross-sections: a. Chapman Avenue

i. The street cross-section and right-of-way dedication for Chapman Avenue Extended must comply with the option approved by the Mayor and Council.

Tagged Passions:council and streets

b.
Halpine Road i. The proposed street cross-section for Halpine Road must comply with the City s

Business District Class I roadway standard and the adopted Bikeway Master Plan recommendations. ii. The Applicant must dedicate 12 feet of right-of-way along the entire Halpine Road property frontage between Chapman Avenue and Rockville Pike, and reconstruct and improve Halpine Road from the south property line to the southern edge of the existing Halpine Road pavement.

Tagged Passions:business, streets, zoning, property, Bicycles, and bicycles

c.
Congressional Lane i. The street cross-section for Congressional Lane must comply with the City s Business

District Class II roadway standard. ii. The applicant must dedicate 87 feet of right-of-way and construct Congressional Lane extended from Chapman Avenue extended to Rockville Pike. iii. The proposed 11-foot center turn lane will be further evaluated at the applicable Site Plan phase and a determination made whether a turn lane or median is installed.

Tagged Passions:business and streets

d.
Festival Street (Private Road)

1.A

Tagged Passions:streets and festival

Packet Pg. 16

i. The street cross-section for private Festival Street must comply with the City s Business District Class II roadway standard and be a consistent easement width from Chapman Avenue extended to Rockville Pike. ii. The Applicant must dedicate a consistently wide public access easement that is either 80-feet or 87-feet wide and construct Festival Street Lane from Chapman Avenue extended to Rockville Pike.

Tagged Passions:business, streets, festival, and easement

iii.
The proposed 11-foot center turn lane will be further evaluated at the applicable Site Plan phase and a determination made whether a turn lane or median is installed.

e.
Private Alley i. The cross-section for the private alley must comply with the City s Alley roadway

No additional detail provided

Tagged Passions:streets

standard. ii. The Applicant must dedicate a 24-foot wide public access easement and construct

the private alley from Chapman Avenue extended to Rockville Pike. f. Rockville Pike i. The Applicant must dedicate to public use any property along the property frontage that lies within 103 feet from the existing roadway center, of which approximately 42 feet is located beyond the existing SHA right-of way. The dedicated area provides for the planned Bus Rapid Transitway (BRT) and a buffered dual 10-foot wide bikeway and 20-foot wide landscaped buffered sidewalk as required and specified by both the approved and adopted Rockville Pike Neighborhood Plan and Bikeway Master Plan. ii. The applicant must construct the buffered dual bikeway and buffered wide sidewalk prior to buildout of each site plan encompassing that portion of Rockville Pike.
Tagged Passions:streets, zoning, Public Transit, property, buildings and grounds, Bicycles, Pedestrian, bicycles, neighborhood, and easement

iii.
For the proposed access points along Rockville Pike, the applicant must fully meet and satisfy SHA s requirements and must construct all required and needed improvements per SHA standards.

13.
Mayor and Council approval of the Project Plan does not constitute approval of the Grade Establishment for all proposed roads, including private Festival Street. The Grade Establishment for the proposed roads must be submitted for review with the first phase Site Plan submission and must be approved prior to the first phase Site Plan approval.

No additional detail provided

Tagged Passions:council, streets, and festival

14.
With the submission of the Site Plan for the applicable phase, the applicant must demonstrate that access to the existing Rockville Pike service drive easement and parking lot on the adjacent property to the north will be provided subject to the terms of the existing service drive easement.

Tagged Passions:property, parking, and easement

15.
Applicant must obtain all necessary approvals and/or permits for all driveway access points and utility connections proposed on the Project Plan from all agencies with jurisdiction including MDSHA and the City of Rockville.

No additional detail provided

Tagged Passions:utility and Utility

16.
Applicant must construct all necessary public improvements, including but not limited to street trees, streetlights, street light conduit, and traffic signals in accordance will all applicable City standards or the standards of the jurisdiction of the corresponding right- of-way. Public improvements must be located within the right-of-way or within a Public Improvements Easement as approved by the Director of Public Works.

1.A Packet Pg. 17 17. Comply with the conditions of DPW s Pre-Application SWM Concept Approval Letter dated February 4, 2019. 18. Comply with the conditions of DPW s Water and Sewer Authorization Letter dated February 4, 2019.

Tagged Passions:sewer, streets, utility, Utility, water, Public Works, streetscape, public works, traffic, and easement

19.
Applicant must comply with all requirements of WMATA s Joint Development and Adjacent Construction Manual, Design Criteria and the provisions of all existing WMATA easements on the property. Prior to submission of any phase s Site Plan, the applicant must identify all proposed development within the WMATA Zone of Influence on the property and provide the City with all correspondence related to compliance with WMATA s requirements. The applicant must receive written approval of the design and construction methods for all improvements near WMATA s right-of-way prior to the issuance of any DPW permit. Any significant changes to the proposed development to comply with WMATA s Design Criteria may require the applicant to revise the plan to comply with all City requirements.

No additional detail provided

Tagged Passions:construction, development, Development, property, compliance, and easement

20.
Prior to the approval of the first phase s Site Plan, the Applicant must design a solution for approval by the Director of Public Works to accommodate access from the WMATA Parking Garage to Chapman Avenue. Applicant must construct the improvements with the appropriate phase as approved by the Director of Public Works.

No additional detail provided

Tagged Passions:Public Works, public works, and parking

21.
Prior to the submission of the first phase s Site Plan to the City, applicant must clearly identify all existing easements and restrictions on the property and clarify whether the easements will remain or be extinguished upon the complete build-out of the Project Plan. The Mayor and Council must authorize the termination of any existing easement that is dedicated to the City of Rockville. If any existing easement is granted to an entity other than the City of Rockville, applicant must submit plans for work within the easement to Grantee for review. Any proposed development activity within an existing easement will require the permission of the Grantee or the extinguishment of the easement. Written permission must be obtained prior to the submission of the Site Plan phase applicable to the easement.

No additional detail provided

Tagged Passions:grant, council, development, Development, property, and easement

22.
Applicant must construct all proposed dry utilities underground within Public Utility Easements (PUEs) unless otherwise permitted to be located elsewhere by the Director of Public Works. At the Site Plan phase, the applicant must submit a conceptual dry utility plan to be approved by both the utility companies and DPW.

No additional detail provided

Tagged Passions:utility, Utility, Public Works, public works, and easement

23.
Applicant must construct all necessary public infrastructure to support each phase s site plan, including the dedication of right-of-way. Prior to the submission of a Site Plan that proposes dead-end roadways, the applicant must submit to the DPW for approval by the Director a plan demonstrating how roads will terminate when the full road is not constructed in a Site Plan.

No additional detail provided

Tagged Passions:drugs and streets

24.
With each Site Plan, the applicant must submit a phasing plan for pedestrian access, construction access, staging and parking for review and approval by the Department of Public Works. The phasing plan must demonstrate how the remaining surface parking lots and existing uses of the property will integrate with the proposed development.

No additional detail provided

Tagged Passions:construction, development, Public Works, public works, Development, property, Pedestrian, and parking

Traffic Transportation (DPW)

1.A Packet Pg. 18
Tagged Passions:transportation and traffic

25.
Prior to the signature approval of the submitted Project Plan, the applicant shall prepare and submit a Trip Reduction Agreement, approved by City staff. The agreement shall establish the goal of reducing single occupant vehicles by 40 during the AM, PM, and Saturday Peak hours at the full build-out for the entire development. The total development on the subject site shall be limited to a mix of allowed uses and intensities that with the assumed/allowed 40 peak trip reduction, will generate (sum of all driveway counts) no more than 993 (828 new + 165 existing), 2,095 (1197 new + 635 existing + 84+179 pass-by), and 2,186 (1202 new + 756 existing + 83+145 pass-by ) vehicle trips during the AM, PM, and Saturday peak hour, respectively, at the build-out or at any subsequent site plan submittals.

No additional detail provided

Tagged Passions:development and Development

26.
The appropriate trip reduction strategy(s) from the list included in the executed Trip Reduction Agreement will be determined at each site plan approval. The applicant shall submit recent driveway counts at site plan submission.

27. As part of the first site plan submission or earlier: a. The applicant shall submit full signal warrant studies for full build-out, including weekdays and Saturdays conducted in accordance with the city requirements using the same trip distribution applied in the August 2018 study, and per MD MUTCD procedures and standards for the following intersections:
Tagged Passions:strategic, public safety, and procedure

i.
Chapman Avenue at Halpine Avenue ii. Chapman Avenue at Thompson Avenue iii. Chapman Avenue at Bouic Avenue iv. Festival Street and MD 355

No additional detail provided

Tagged Passions:streets and festival

For any deemed warranted location, if approved by MDOT/SHA if MDOT/SHA approval is required, and prior to issuance of any occupancy permits, the applicant shall submit design drawings for the warranted signal (s) and fully bond the entire cost for the installation of the new traffic signal with all necessary geometric and signage modifications per the City standards and specifications. The applicant shall install the signal(s) prior to issuance of the occupancy permit of the site plan triggering the warrant. b. The applicant shall analyze the following intersections for full build-out conditions

and for weekdays and Saturday to determine if any phasing pattern modifications are needed: i. Rockville Pike (MD 355) at Halpine Road ii. Rockville Pike (MD 355) at Congressional Lane If it is determined that signal modifications are warranted, prior to issuance of any occupancy permit, the applicant shall prepare and submit revised signal plans along with any additional required improvements, and fully bond the entire cost of required traffic signal(s) phasing modifications with all necessary geometric and signage modifications per MDOT/SHA standards and specifications. The applicant shall complete the required modifications, if approved by MDOT/SHA if MDOT/SHA approval is required, prior to issuance of the occupancy permit of the site triggering the need to modify the signal phasing. 1.A Packet Pg. 19

Tagged Passions:streets, public safety, bond, advertising, signage, and traffic

c.
The applicant shall submit a detailed queue length analysis for all approach

movements and for the projected AM, PM and Saturday peak hours vehicle trips as reported in the August 2018 study for the following intersections:

i.
Halpine Road/Chapman Avenue ii. MD 355/Halpine Road (turn queue) iii. MD 355/Congressional Lane (turn queue)

Prior to issuance of any occupancy permit and for any movement at the intersections listed above where the projected turn queue exceeds the available storage, if approved by MDOT/SHA if MDOT/SHA approval is required, the applicant shall identify and submit for approval appropriate mitigation measure design plans, and construct and/or install the approved improvements when deemed needed by the City, or at the build-out, whichever occurs first.

Tagged Passions:streets

28.
The appropriate road and street network, including bicycle and access accommodation

No additional detail provided

Tagged Passions:streets, Bicycles, and bicycles

shown on the approved project plan and as modified by DPW, including bicycle facilities per the 2017 Bikeway Master Plan, will be determined at each site plan approval. The applicant shall design, construct, and have them open to traffic prior to issuance of the occupancy permit for any part of the development contained within the site plan.

Tagged Passions:development, Development, Bicycles, bicycles, and traffic

29.
The applicant shall construct the 20-foot wide pedestrian walkway/tree lawn and 10- foot wide bike facility along the entire property s frontage with Rockville Pike as shown on the approved plans, and per the City s requirements and standards. Construction shall occur commensurate with the build-out of each site plan encompassing that portion of Rockville Pike.

Tagged Passions:construction, facility, zoning, trees, property, Bicycles, Pedestrian, and bicycles

30.
With each subsequent site plan, the applicant shall provide short-term and long-term bike racks/storage as required by the Zoning Ordinance.

No additional detail provided

Tagged Passions:ordinance, zoning, Bicycles, and bicycles

31.
The Applicant shall pay the City s Transportation Improvement Fee as provided in the Comprehensive Transportation Review (CTR). The one-time fee is equal to 1.50 per square foot of net new gross floor area for commercial uses and 900 per unit of multi- unit residential development. The fee will be due before the building occupancy permit is issued and will be at the rate applicable at the time of payment.

Tagged Passions:development, transportation, Development, and commercial

32.
The applicant shall pay the County's Development Impact Tax, as applicable, subject to the credits allowed by Montgomery County. The applicant shall submit a receipt of payment to the Inspection Services Division of the Department of Community Planning and Development Services, and the Traffic and Transportation Division of the Department of Public Works, prior to the issuance of the occupancy permit.

Tagged Passions:planning, taxes, Taxes, development, transportation, services, Public Works, public works, Development, and traffic

33.
All internal traffic control devices (i.e. signs, marking and devices placed on, over or adjacent to a roadway or walkway) to regulate, warn or guide pedestrians and/or vehicular traffic shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The signing and pavement marking plans shall be submitted to DPW and approved by the Chief of Traffic and Transportation Division prior to each building permit. The approved plan shall be included in the signature set.

1.A Packet Pg. 20 Attachments Attachment 1.A.a: Correspondence Following 2-13-19 PC Meeting (PDF) Attachment 1.A.b: Sharrow Reasoning from Applicant (PDF) Attachment 1.A.c: Traffic and Transportation Commission Memo (PDF) Attachment 1.A.d: RBAC Letter to the Planning Commission (PDF) Attachment 1.A.e: Transportation Research Board on Sharrows (PDF) Attachment 1.A.f: City Lab Article on Sharrows (PDF) Attachment 1.A.g: Planning Commission Staff Report 2-13-19 (PDF) Attachment 1.A.h: Revised Justification Statement (PDF) Attachment 1.A.i: Concept Plan Cover Sheet (PDF) Attachment 1.A.j: Concept Site Development Plan (PDF) Attachment 1.A.k: Conceptual Phasing Exhibit (PDF) Attachment 1.A.l: Proposed Street Cross Sections - Page 1 (PDF) Attachment 1.A.m: Proposed Street Sections - Page 2 (PDF) Attachment 1.A.n: Preliminary Forest Conservation Plan - Page 1 (PDF) Attachment 1.A.o: Preliminary Forest Conservation Plan - Page 2 (PDF) Attachment 1.A.p: Preliminary Forest Conservation Plan - Page 3 (PDF) Attachment 1.A.q: Concept Landscaping Illustration (PDF) Attachment 1.A.r: Conceptual Architectural Illustration (PDF) Attachment 1.A.s: Transportation Staff Report (PDF) Attachment 1.A.t: Water and Sewer Authorization (PDF) Attachment 1.A.u: Water and Sewer Authorization - Exhibits (PDF) Attachment 1.A.v: Stormwater Management Concept (PDF) Attachment 1.A.w: Stormwater Management Concept - Exhibits (PDF) 1.A Packet Pg. 21 1.A.a Packet Pg. 22 A tta ch m

Tagged Passions:planning, sewer, boards and commissions, streets, utility, development, Utility, transportation, Conservation, water, Development, Pedestrian, traffic, and stormwater

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