The Montgomery County Planning Board Agenda

Thursday, October 21, 2010


Wednesday, October 20, 2010 - 5:00 pm


8787 Georgia Avenue
Silver Spring, MD 20910-3760

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Please note:


  1. Unless otherwise noted, Planning Board meetings are held on Thursdays and begin at 9:00 a.m. The agenda is subject to change and certain items may be postponed or added.
  2. The Planning Board encourages public testimony unless otherwise noted on the agenda. Refer to the Planning Board Rules of Procedure for more information on public testimony. Any individual or organization not scheduled for public testimony may submit a written statement for consideration by the Planning Board. Written comments should be submitted at least 24 hours in advance of the Planning Board hearing date with reference to the matter to ensure that all comments will be included in the record before the Commission. Written comments received on the day of the hearing via email, fax, or postal mail may not be considered by the Planning Board or included in the record unless the Chair specifically leaves the record open. Comments should be transmitted via e-mail to, faxed to Chair Françoise Carrier at 301-495-1320, or addressed to: Françoise Carrier, Chair, Montgomery County Planning Board, 8787 Georgia Avenue Silver Spring, Maryland 20910.
  3. Occasionally due to time constraints, the Planning Board may limit the total amount of time dedicated to public testimony. Total time limits will be listed on the agenda. Public testimony will not be taken for items identified as Briefings, Worksessions and/or Roundtables. On other occassions when no public testimony will be taken, the agenda will specifiy.
  4. Sign up online or call 301-495-4600 to testify on any agenda item in advance of a hearing.
  5. Listen to the Planning Board proceedings live on our website: Or on Thursdays, call 301-495-4605 (during normal business hours) for status of the agenda.
  6. The Planning Board makes the final decision on any agenda items with an (*). On such matters, Maryland law and the Planning Board’s Rules of Procedure prohibit any member of the public from directly contacting or communicating with Board members outside the public hearing setting. See the Outside Communications section of the Planning Board Rules of Procedure for more information.

    The Montgomery County Planning Board is no longer mailing meeting agendas to county residents and associations. To stay involved, consider subscribing to our weekly e-newsletter, InfoShare
  ** For more details about the Planning Board’s action on any item, you may link to the videotaped hearing after noon on the day following the meeting and select the item you wish to hear. **
item 1 Consent Agenda

*A. Adoption of Resolutions


Planning Board Action/Decision: Adopted.

1. 9490 River Road Preliminary Plan 120090370 – ADOPTION OF MCPB RESOLUTION No. 10-78

2. Burton Woods, Phase III, Preliminary Plan No. 12006027B – ADOPTION OF MCPB RESOLUTION No. 10-143


*B. Record Plats - REVISED


1. Subdivision Plat No. 220100610, Bradley Farms (Revised Staff Memo) ; RE-2 zone; 1 lot; located in the northeast quadrant of the intersection of River Road (MD 190) and Harrington Drive; Potomac Subregion

Planning Board Action/Decision: Approved.


2. Subdivision Plat No. 220100890, Mt. Zion Square; RE-2 zone; 1 lot; located on the west side of Zion Road, approximately 2,500 feet north of Brookeville Road; Olney

Planning Board Action/Decision: Approved.


3. Subdivision Plat No. 220110010, West Chevy Chase Heights; R-60 zone; 1 lot; located on the north side of West Virginia Avenue, 150 feet east of Tilbury Street; Bethesda-Chevy Chase

Planning Board Action/Decision: Approved.


*C. Other Consent Items


Extension Request for Project Plan Amendment Review No. 92000001B, Air Rights Center 7300 Pearl Street, CBD-2 zone; 3.73 acres; optional method of development to add 149,611 sf. of office space.; located on Pearl Street, approximately 160 feet south of Montgomery Avenue; Bethesda CBD

Planning Board Action/Decision: Approved.


*D. Approval of Minutes

Item 2 Zoning Code Rewrite – Code Studio Update

L. Villemaire

Code Studio, the consultant working with staff on the Zoning Code Rewrite, will provide an overall update on the code drafting phase of the project. Items such as process, timing, and key issues that are related to the first module (Agricultural and Residential zones) will be discussed. Code Studio will report back on highlights of the 3-day visit, including sessions with the Zoning Advisory Panel and other internal stakeholder groups.

Planning Board Action/Decision: Discussion only.

Item 3 CR Incentive Density Implementation Guidelines

J. Sloan

Review of the guidelines needed to implement the incentive density provisions for the CR zones for optional method applications. The guidelines establish the calculation methods and criteria for public benefits that allow increases in density above the standard method up to the maximum set by the zone.

Planning Board Action/Decision: Discussion only.

Item 10 Amendments to the Department of Parks’ FY11-16 Capital Improvements Program (CIP) - ADDITION

S. Vera

Description: The Department of Parks’ biennial FY11-16 CIP is due to the Council by November 1. The Department is recommending changes to its adopted FY11-16 CIP that it would like to include in its biennial submission to the Council.

Planning Board Action/Decision: Approved.

Item 11 Closed Session - ADDITION

Pursuant to Maryland State Government Code Annotated Section 10-508(a)(13) to comply with specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter

Item 4 Closed Session

Pursuant to Maryland State Government Code Annotated Section 10-508(a)(7) to consult with counsel to obtain legal advice

Item 12 Closed Session - ADDITION
  Pursuant to Maryland State Government Code Annotated Section 10-508(a)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of Commission appointees, employees, or officials; or to discuss any other personnel matter that affects 1 or more specific employees
Item *6 Potomac Crest - NEW TIME

R. Weaver /M. Smith

A. Preliminary Plan 12002119A, Potomac Crest, Limited Amendment, In Response to a Forest Conservation Violation; R-90 zone; 9.1 acres; 21 lots previously approved for 21 one-family detached residential dwellings; request to modify existing conservation easement boundaries; located on Seven Locks Road, 200 feet north of Tuckerman Lane; Potomac Subregion Master Plan
Planning Board Action/Decision: Approved.

B. Limited Site Plan Amendment Review No. 82003035A, Potomac Crest, In Response to a Violation; R-90; 9.10 acres; amendment to modify the entry sign and forest conservation easement; located on Seven Locks Road, approximately 200 feet north of the intersection with Tuckerman Lane; Potomac

Planning Board Action/Decision: Approved.

Item *5

Preliminary Plan 11999034A, Alvemar Woods, Lot 17, Limited Amendment, In Response to a Forest Conservation Violation (Revised Staff Memo)

R. Weaver/J. Penn

RE-2 zone; 2.07 acres; 1 existing lot containing a one-family residential dwelling; request to modify an existing forest conservation easement; located on Riverwood Drive, 381 feet south of River Road; Potomac Subregion Master Plan
Planning Board Action/Decision: Denied.
Item *7

Preliminary/Final Water Quality Plan and Record Plat No. 220090500, Granby Woods

S. Smith/C. Bunnag

RE-2 zone; 3.59 acres; request to convert an existing outlot to a lot for a one-family detached dwelling unit under the minor subdivision process;
located within the Upper Rock Creek Special Protection Area on Shremor Drive, 500 feet south of Granby Road; Upper Rock Creek Master Plan.

Planning Board Action/Decision: Approved.

Item 9 Proposed Amendments: Montgomery County Comprehensive Water Supply and Sewerage Systems Plan- AD 2010-4 (Administrative Cases) - ADDITION
K. Nelson Planning Board Action/Decision: Approved to Transmit Recommendations to County Executive.
Item 8 Roundtable Discussion - REVISED


A. White Flint Finance Legislation

B. Clarksburg Town Center, Site Plan Review No. 820070220 - Update on development activity by the Applicant with the Planning Board; Condition 18 of the adopted resolution requires the Applicant to provide a status report to the Planning Board every 3 months

C. Update on Clarksburg Stage 4 Ad Hoc Water Quality Working Group Report to County Council

D. Master Plan Program

E. Legislative Update




public notice

Department of Permitting Services
Division of Water Resources Management
has received a


The site is located at 16101 Oak Hill Road, which is within the Upper Paint Branch Watershed. The Upper Paint Branch Watershed is a designated Special Protection Area. The proposed project will utilize the site as a Country Inn along with associated smaller structures and parking. The project consists of a total of 8.29 acres.


If you wish to request a public information meeting, a written request must be submitted to this office within 15 days of this notice. (Notice posted October 8, 2010). The Water Quality Plans are available for review at the Department of Permitting Services office during working hours (8:00am-4:00pm Monday through Friday).

For further information, please call Mark Etheridge at (240) 777-6338. The address for the Department of Permitting Services is:

Department of Permitting Services
Land Development Services, Water Resources
255 Rockville Pike, 2nd Floor
Rockville, Maryland 20850



public notice

Planning Board Seeks Public Comment on
Water and Sewer Category Change Requests

The Planning Board will hear testimony and consider recommendations for the water and sewer category change requests listed below on Thursday October 21, 2010. These applications request that community water and/or sewer service be extended to individual properties. Recommendations from the Planning Board will be presented to the County Executive. A public hearing on these cases will take place on Monday, November 8, 2010 at the Department of Environmental Protection in Rockville.

Case Number

Applicant/Owner and Property Location

Master Plan Area


Mont. Co. Government - Ross Boddy Community Center

Sandy Spring


Jesus House, D.C.



Liesa McFadden Estate (by Linda Stone)



Hossein Rad



Walter Hsu



John Troha & Carol Tutera



The Planning Board’s website for the staff report and agenda is:

Written comments are also welcomed prior to the Planning Board Hearing and should be addressed to:


Chair Françoise Carrier
Montgomery County Planning Board
8787 Georgia Avenue
Silver Spring, MD 20910


For staff questions, contact Katherine Nelson at 301-495-4622 or

See also the Department of Environmental Protection’s (DEP’s) website at: or call DEP (240-777-7700).