MEMORANDUM

To: City Council

From: Rev. John S. Cooper, Sr., Chairman
Bowie Advisory Planning Board

Subject: Preliminary Plan of Subdivision #4-02029
Parcel 14; Tax Map 54; Grids E-3 and F-3
Rodenhauser Property
Denmark Place (Extended)

Date: June 27, 2002
______________________________________________________________________________

The Bowie Advisory Planning Board (BAPB) met on Tuesday, June 25, 2002 to review the above referenced Preliminary Subdivision Plan for the Rodenhauser property. The applicant, Lonergan Homes, Inc., is seeking approval to create 14 single-family lots on a 16.38-acre site located at the end of Denmark Place, which is in the Woodmore Highlands community. (The subject property is not within the City limits). The site is zoned R-E (Residential Estate), where the proposed subdivision and single family dwellings are permitted by right under the Prince George's County Zoning Ordinance.


Presentations
Mr. Frank Stevens, of the City Planning Staff, presented a detailed review of the staff report (attached).

Mr. Russ Warfel, an attorney with the firm of Meyers, Rodbell and Rosenbaum, P.A., introduced himself and Ed Lonergan, the applicant and developer of the proposed project. Mr. Warfel stated that the applicant was in agreement with the conditions contained in the staff report.

Questions by BAPB Members
Questions by BAPB members centered on the following:

· Has annexation of the property been discussed? (Mr. Warfel noted that he and his client have had preliminary discussions with the staff regarding annexation. If annexation occurs, it is the intention of the developer that the project become part of the Woodmore Highlands HOA.)

· Who would monitor the proposed bio-retention basins? (Mr. Warfel indicated that the project engineer is working with, and seeking concept
stormwater management plan approval from, Prince George's County and that the monitoring of these facilities is still being discussed.)


Citizen Participation
No member of the public signed-up to speak at the public hearing.


BAPB Discussion
BAPB members expressed their concern about public safety and school issues. Mr. Warfel indicated that he and his client have met with representatives from Prince George's County and are cooperating with the County to deal with these issues in a manner that is comprehensive and acceptable to the County.

BAPB Motion
Mr. Ron Skotz moved APPROVAL of Preliminary Plan of Subdivision #4-02029 for the Rodenhauser property, in accordance with the staff conditions. There was no second to the motion; therefore, the motion died. No other motion was made on the application. As a result, this application is being forwarded to the City Council without the BAPB taking a position on this case.

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MEMORANDUM

To: City Council

From: David J. Deutsch
City Manager

Subject: Preliminary Plan of Subdivision #4-02029
Parcel 14; Tax Map 54; Grids E-3 and F-3
Rodenhauser Property
Denmark Place (Extended)

Date: June 27, 2002
______________________________________________________________________________

I. General Information

Applicants: Lonergan Homes, Inc.

Status of Ownership: Contract Purchaser

Subject: Preliminary Plan of Subdivision #4-02029

Project Name: Rodenhauser Subdivision

Location: End of Denmark Place, Woodmore Highlands (Attachment 1)

Acreage: 16.38 acres

Existing Zoning: R-E (Residential Estate)

Existing Land Use: Vacant

Surrounding Land Uses and Zoning:
North: Vacant; Zoned, R-E (Residential Estate)
South: Residential; Zoned, R-E
East: Vacant; Zoned, R-E
West: Vacant; Zoned, R-E

Master Plan Land Use Category: Suburban Estate

Master Plan Living Area: Community VII

Sectional Map Amendment: None.

Water and Sewer Categories: Category 4 (Public system adequate for development planning; site has proper zoning; service available to site.)

Police: Bowie Substation

Fire and Ambulance: Station #43 (Pointer Ridge)
Both fire and ambulance response times are beyond the adopted response time guidelines.

Medic: Station #43 (Pointer Ridge)
Medic response time is beyond the response time guideline.

Schools: Elementary School Cluster #3
Middle School Cluster #2
High School Cluster #2


II. Stakeholders Meeting
A stakeholders meeting regarding this development proposal was held on May 9, 2002. Approximately 11 residents were in attendance, as were the applicant/developer (Ed Lonergan), and members of his engineering and legal team.

Mr. Lonergan stated that he would be the developer and builder of the project. He noted that he had constructed several houses in the adjacent Woodmore Highlands community (Attachment 2). Mr. Lonergan said that the areas of the proposed lots are compatible with those in Woodmore Highlands, and that he envisioned the houses to be a minimum of 4,000 sq. ft. in area and to have a price range of from the upper $400,000s to the mid $500,000.

Mr. Lonergan indicated that by proposing the extension of Denmark Place into the subject property from its present terminus, and ending it in a cul-de-sac, this portion of Woodmore Highlands would be completed. It was the consensus of those residents in attendance that the proposed Denmark Place should terminate within the subject property as a cul-de-sac, rather than continue to be extended further to the north as a through street.

City Councilmember Gail Booker-Jones attended a portion of the meeting and expressed her desire that the subject property be annexed into the City and that the site become part of the Woodmore Highlands HOA.


III. Analysis of Preliminary Plan #4-02029 (Attachment 3)
Pursuant to Subtitle 24 (Subdivisions), a preliminary subdivision may be approved if the Planning Board finds that: adequate public facilities exist or are programmed for the area within which the subdivision is located; a stormwater management concept plan has been approved; and, the subdivision is designed in accordance with the provisions for woodland conservation and tree preservation.

The subject property is located at the terminus of Denmark Place, which ends as a stub street (as opposed to terminating as a cul-de-sac), with a barricade across it. Because of how this roadway ends, it can be concluded that Denmark Place was always intended to continue into the adjoining property (the subject site) for access. (Denmark Place is located within the Woodmore Highlands, which is within the City limits.)

A. Adequate Public Facilities (APF)
1. Water and Sewerage Facilities
The subject site is in Water Category W-4 and Sewer Category S-4, meaning that the public system is adequate for development planning, the site has proper zoning and public service is available to site.
COMMENT: The site will be served by public water and sewer. WSSC will review and approve design plans for connecting to their system. Staff finds that this criterion is satisfied.


2. Police Facilities
According to Park and Planning's Growth Policy and Public Facilities Planning Section, the existing County police facilities for District II will be adequate to serve the proposed development.
COMMENT: Staff finds that this criterion is satisfied.


3. Fire and Rescue Facilities
According to Park and Planning's Growth Policy and Public Planning Section referral, the following companies will respond to this site:

Response Time Response Time
Provided Guideline
Service Company (minutes) (minutes)
Fire Engine Service Pointer Ridge 9.66 5.25
Ambulance Pointer Ridge 9.66 6.25
Medic Pointer Ridge 9.66 7.25

COMMENT: The Growth Policy and Public Planning Section has reviewed the proposed preliminary subdivision plan and cites that "the Fire Department recommends that all residential structures be fully sprinkled in accordance with National Fire Protection Association Standard 13D and all applicable Prince George's County Laws."

To alleviate an inadequacy in emergency response times, and as has been applied in other recent subdivisions the City has supported (the Woodmore at Oak Creek and Fairwood projects), it is recommended that the developer make a fair share contribution to Prince George's County for the CIP construction funding of the future Bowie Town Center EMS facility, as determined by the Prince George's County Growth Policy and Public Planning Section. This contribution should be paid prior to the issuance of the first building permit.


4. School Facilities
The M-NCPPC Growth Policy and Public Facilities Planning Section applied the new cluster methodology to the subject site and prepared the following chart with these findings:

Impact on Affected Public School Clusters
AffectedSchoolClusters SubdivisionEnrollment ActualEnrollment CompletionEnrollment WaitEnrollment CumulativeEnrollment"Approved Preliminary since1-1-02 TotalEnrollment StateRatedCapacity PercentCapacity FundedSchool(s)
ElementarySchoolCluster 3 3.36 5864 339 128 0 6334.36 5054 125.33% Bowie,Whitehall
MiddleSchoolCluster 2 0.84 4397 201 189 6.19 4794.03 3648 131.42% East Central
HighSchoolCluster 2 1.68 12,045 412 377 12.36 12,848.04 10,811 118.84% Frederick DouglasAddition

SOURCE: Prince George's County Planning Department, M-NCPPC, January 2002


Park and Planning staff is recommending the following condition be required of the developer:

"No building permits shall be issued for this subdivision until the percent capacity, as adjusted pursuant to the School Regulations, at all the affected school clusters is less than or equal to 105% or 3 years have elapsed since the time of the approval of the preliminary plan of subdivision; or pursuant to the terms of the executed school facilities agreement whereby the subdivision applicant, to avoid a waiting period, agrees with the County Executive and County Council to construct or secure funding for construction of all or part of a school to advance capacity."

COMMENT: The APF fee for school improvements in this area of the County would be $4,940/dwelling unit. (In the subject project, a total APF fee imposed would be $69,160; [$4,960 x 14 dwellings]). This amount, according to the draft School Facilities Agreement in CB-40-2001, is to be paid prior to the issuance of each building permit. This money is earmarked to resolve deficiencies within the school clusters serving the property. Above and beyond the APF fee is the $5,000/dwelling unit School Facilities Surcharge. (In this development, the total Surcharge would be $70,000; [$5,000 x 14 dwellings]). The Surcharge funds can be used anywhere within the County to improve school facilities. Thus, the total school revenue raised by the APF fee and Surcharge for this development is $139,160. Since this methodology has been previously applied by the City in recent cases, staff concurs with the inclusion of the condition recommended by M-NCPPC.


5. Traffic Impacts
COMMENT: The applicant's traffic consultant performed a review of traffic conditions at both intersections the Dunwood Valley Drive/Church Road intersections. (Dunwood Valley, a primary residential street within the City, intersects Church Road, a County facility, at two locations. The northern location is opposite Mt. Oak Court, while the southern leg intersects Church Road opposite Mt. Oak Estates.) The traffic analysis was conducted using the methodologies in the City's recently adopted "Service Volume Standards for City Streets". Data were collected and reviewed for both existing and future conditions at each of the aforementioned intersections, including nine trips per unit (126 total daily trips) from the proposed 14-lot subdivision. Results of the data obtained indicate that the northern segment of Dunwood Valley Drive carries 1,255 Vehicles Per Day (VPD), while the southern segment handles 823 VPD, both of which are at Level of Service (LOS) B under the City's Service Volume Standards. (1,760 VPD is the maximum number of vehicles at LOS B pursuant to the City's Volume Standards. A LOS C or better is acceptable.) Assuming that 50% of the total VPD from the subject site were split between the northern (1,318 VPD) and southern (886 VPD) segments of Dunwood Valley Drive, the LOS would remain at B. Assuming the worst-case scenario, where all 126 trips from the subject property used the northern segment of Dunwood Valley Drive, the LOS would still be at B (1,381 VPD). As result of the foregoing analysis, the proposed project would not lower the vehicle LOS presently existing in the neighborhood below the City's standards.

To be consistent with the established street naming system, the names of the two proposed cul-de-sacs should begin with the letter "D".


B. Stormwater Management Concept Plan
The applicant has submitted a Stormwater Concept Plan in conjunction with the review of the Preliminary Subdivision Plan. This plan proposes to handle stormwater management via an open roadway section adjacent to the new streets within the subdivision and via individual bio-retention basins (a.k.a. rain gardens) on the individual lots.

COMMENT: The City's engineering consultant has reviewed the Concept Plan and is not opposed to using the aforementioned methods to manage stormwater. Additional documentation and calculations must be provided by the applicant before the City's Engineer will recommend approval of the Concept Plan. Since the concept of using on-site bio-retention facilities is acceptable, this requirement is satisfied.


C. Woodland Conservation and Tree Preservation
A Forest Stand Delineation Plan/Type I Tree Conservation Plan (TCP-I) has been submitted for review as part of the proposed subdivision application.

COMMENT: According to the Woodland Conservation worksheet provided by the applicant's consultant, 11.85 acres of the site are wooded. Approximately 6.5 acres of woodland are proposed to be cleared. Under the County's Woodland Conservation policy and formula, 4.98 acres of woodland conservation are required to be provided as a result of developing the subject site. Approximately 4.93 acres of woodlands are proposed to remain in preservation. Another 0.21 acres are being provided as reforestation. Since the total acreage of woodland preservation and reforestation (5.14 acres) exceeds what is required, woodland conservation requirements are being met on the property. No off-site tree mitigation or fee in lieu are necessary for this project.

The TCP-I identifies 61 specimen trees on or adjacent to the subject site and notes tree type, characteristics, conditions and status. According to the TCP-I, the following trees are in either good or fair condition and are intended to be removed:

-Specimen #9 (White Oak, Lot 11);
-Specimen #14 (American Beech, Lot 14);
-Specimen #34 (Southern Red Oak, Lot 6);
-Specimen #37 (Tulip Popular, Lot 7);
-Specimen #47 (Southern Red Oak, Lot 8); and,
-Specimen #53 (Northern Red Oak, Lot 10).

With some slight shifting and/or relocation of the proposed dwellings and/or driveways or with minor changes to the grading near these trees or the use of tree wells or retaining walls, it may be possible the above-cited trees could be saved. It is therefore recommended that the applicant's consultants re-examine the potential of saving the aforementioned trees, applying the above techniques or other professional techniques.


D. Conformance with Other Subdivision Regulations and Zoning Ordinance
COMMENT: The subject 16.38 acre site is zoned R-E (Residential-Estate), where, in general, the Zoning Ordinance requires a minimum lot area of 40,000 sq. ft. All of the residential lots proposed in this subdivision meet the minimum lot area requirement. In addition to the areas of the lots being in conformance with the requirements of the Zoning Ordinance, the lot areas are compatible with several other existing lots in the immediate area.

The proposed lot widths and frontages for the residential lots in this subdivision meet the requirements of the Zoning Ordinance.

The subject property has been identified in the Area Master Plan as developing as a suburban estate land use type and Master Plan Community VII. In describing the character of Community VII, the Master Plan notes, "The presence of low-density subdivisions, scattered dwellings, and agricultural lands projects a low-density character that is worthy of preservation by designating these communities (Communities VII, VIII and XI) as Permanent Low-Density areas." (page 89). The Master Plan continues by stating, "Areas shown for a permanent Suburban Estate character would allow one dwelling per acre subdivisions in the R-E Zone, with the potential availability of public sewer from either (the) Collington Branch, the mainstream of (the) Northeast Branch or (the) Black Branch." (page 89). Based upon a review of the proposed subdivision plan and the above wording of the Master Plan, staff concludes that the development proposal meets the intent and purpose of the Master Plan and the character it envisions for Suburban Estate development.


E. Dedication of Parkland
COMMENT: Rather than dedicate parkland, the applicant has the option of paying a fee-in-lieu. The fee-in-lieu option is supportable, given the relatively small size and number of lots within the subdivision and the opportunity to apply the payment option to contribute to a joint recreation project between the City, the M-NCPPC Parks Department and a private developer. Therefore, in this case, it is recommended that the fee be paid directly to the City and that it be targeted for the development of active and passive recreation at the Hopkins property, which is less than two miles from the subject site.

F. Development Review Guidelines
COMMENT: The following policies contained in the City's adopted Development Review Guidelines support the type of development this application proposes:

· Retention of the Church Road/Enterprise Road corridor as a large lot, executive-style housing area should be supported.

· The Church Road/Enterprise Road corridor from U.S. Route 50 to south should be recommended for only permanent low-density development.

The subject proposal meets these City policies.


IV. Recommendation
It is recommended that Preliminary Plan of Subdivision #4-02029 be APPROVED with the following conditions:

1. At the time of final plat approval, the developer shall make a fair share contribution to Prince George's County for the CIP construction funding of the future Bowie Town Center EMS facility, which shall be paid prior to the issuance of the first building permit for the project.

2. No building permits shall be issued for this subdivision until the percent capacity, as adjusted pursuant to the School Regulations, at all the affected school clusters is less than or equal to 105% or three years have elapsed since the time of the approval of the preliminary plan of subdivision; or pursuant to the terms of the executed school facilities agreement whereby the subdivision applicant, to avoid a waiting period, agrees with the County Executive and County Council to construct or secure funding for construction of all or part of a school to advance capacity.

3. Prior to the issuance of each building permit for this development, the applicant shall pay an Adequate Public Facilities fee for school improvements in the amount of $4,940/dwelling unit. (In the subject project, a total APF fee imposed would be $69,160; [$4,960 x 14 dwellings]).

4. The names of the two proposed cul-de-sacs shall begin with the letter "D".

5. The applicant's consultants shall re-examine the potential of saving the following specimen trees by applying techniques such as, but not limited to: slight shifting and/or relocation of the proposed dwellings and/or driveways; and, minor changes to the grading near the trees or the use of tree wells or retaining walls. The specimen trees are as follows:

-Specimen #9 (White Oak, Lot 11);
-Specimen #14 (American Beech, Lot 14);

-Specimen #34 (Southern Red Oak, Lot 6);
-Specimen #37 (Tulip Popular, Lot 7);
-Specimen #47 (Southern Red Oak, Lot 8); and,
-Specimen #53 (Northern Red Oak, Lot 10).

6. The fee-in-lieu of mandatory recreation dedication shall be paid directly to the City and it shall be targeted for the development of active and passive recreation at the Hopkins property.


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