Oak Creek Preliminary Plan

MEMORANDUM

TO: City Council

FROM: David J. Deutsch, City Manager

SUBJECT: Woodmore at Oak Creek Phase II DATE: 11/22/02
Preliminary Plan #4-02184
________________________________________________________________________
I. General Information

Applicant: Washington Management and Development Company, Inc.

Status of Applicant: owner/developer

Project Name: Woodmore at Oak Creek Phase II

Location: East side of Church Road South; 1,000 feet south of MD Route 214 (see Attachment 1)

Acreage/Zoning: 10.12 acres/Residential-Agriculture (R-A)

Existing Land Use: scattered large lot, single-family residential and agriculture

Adjacent Land Uses/Zoning: North: Woodmore at Oak Creek, 57 unit large lot single-family detached residential R-A (Residential-Agriculture); East: 529 lot Collington Station, single-family detached residential R-R cluster (Rural-Residential); South: single-family residential, planned 1,148 lot Oak Creek Club R-E and R-L (Residential-Low) and R-A; West: mixed retirement community/single-family detached Cameron Grove (R-L).

Master Plan: Community IX, Community Character: Permanent Low-Density areas (see Attachment 2). Detached single-family units - predominant land use

Sectional Map Amendment: R-A zone retained in 1991 SMA

Water and Sewer Category: Category 4

Police: District II - Bowie Substation
Fire and Rescue: Engine, Ambulance and Medic - Station #43 (Pointer Ridge)
Ladder - Station #33 (Kentland)
School: Perrywood Elementary, Kettering Middle, Largo High
Library: Kettering Branch

II. Background/Proposal

The applicant has submitted a Preliminary Plan of subdivision for the former Correctional Officers' Union Hall property (see Attachment 3). This plan is for inclusion in the larger Woodmore at Oak Creek subdivision (Preliminary Plan #4-01100) that was reviewed this past spring (see Attachment 4). The latter subdivision plan is for 57 lots for single-family detached units within a lot varying plan in the R-A (Residential-Agriculture) zone. During the review of #4-01100 the applicant indicated he was negotiating with the Union Hall representatives for the possible acquisition of their property. The land transaction is now complete.

The plan represents a partial re-subdivision of #4-01100. In #4-01100 Lots 5 thru 13 on the south side of Jennings Mill Drive will be reconfigured and reduced in size (see Attachment 3) and Court A will be extended for 11 lots having frontage along it. In #4-01100 there were four lots (1 thru 4) on Court A (see Attachment 4). In the subject plan Court A will be extended to the southeast and will have 11 lots along it (see Attachment 3). In the varying lot size proposal, the overall development will have 38 two-acre lots, 22 lots of 50,000 square feet and four lots of one acre (40,000 square feet) for a total of 64 lots.

The 10.12-acre site has been used for agricultural purposes and a large lot residence. A portion of the site in the southwest corner has existing woodland (see Attachment 5).

The applicant is proposing to provide Low Impact Development (LID) controls for stormwater management. The applicant submitted a concept stormwater management plan to Prince George's County's Department of Environmental Resources (DER).

A Tree Conservation Plan (TCP) has been submitted to Park and Planning Environmental Planning staff. A TCP has also been submitted to the City.

With the acquisition of the former Correctional Officers' Union property, the site will have a total of 2,018 feet of roadway frontage along Church Road South.

A Stakeholders meeting was not held for this Preliminary Plan. However, a Stakeholders meeting was held for Preliminary Plan #4-01100 on March 19, 2002. Residents attending the meeting were in support of the subdivision since it represented a continuation of the large lot residential pattern in the community. Residents were also supportive of the applicant's efforts to acquire the Correctional Officers' Union property for inclusion in the Woodmore at Oak Creek plan.

III. Analysis

The proposed Preliminary Plan has been reviewed for compliance with Subtitle 24 of the County Code (the County Subdivision regulations). A Preliminary Plan of subdivision may be approved if the County Planning Board finds: adequate public facilities exist or are proposed 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 plan has also been reviewed in relation to Preliminary Plan #4-01100. The City's position letter for Preliminary Plan #4-01100 was presented to the County Planning Board in July 2002 with a recommendation of approval subject to six conditions (see Attachment 6).

A. Adequate Public Facilities

1. Schools

Earlier this year, the County Council adopted legislation (CB-40-02) to be used in relation to the test of the adequacy of public schools within a site's vicinity. CB-40-02 changed the methodology for determining the adequacy of public schools. Instead of looking at the three individual schools (elementary, middle and high school), APF regulations were revised to analyze school capacity by the "cluster" method. This method looks at each of the school types and determines the average capacity associated with all the schools in a given cluster and the programmed funding associated with each cluster.

CB-40-02 also enables a developer to pay an up front, one-time fee instead of being subjected to the 3-year wait when any one of the schools are over 105% capacity. As in the review of Preliminary Plan #4-01100, the applicant intends to proceed with the development by paying the school fee. The City did not support CB-40-02 based on the reasoning that the former methodology was a better way of determining the adequacy at individual schools (within a neighborhood) since individual school capacities were looked at rather than an average of schools within a specific school type cluster.

The M-NCPPC Growth Policy and Public Facilities Planning Section applied the new cluster methodology to the subject site and prepared the following chart based on the 20 proposed units:

Impact on Affected Public School Clusters
AffectedSchoolClusters # SubdivisionEnrollment ActualEnrollment CompletionEnrollment WaitEnrollment "CumulativeEnrollment"Approved Preliminary since 1-1-02 TotalEnrollment State RatedCapacity PercentCapacity FundedSchool
ElementarySchoolCluster 3 0.80 5864 339 128 159.36 6495.16 5054 128.52% Northview Drive Elem.,Whitehall
MiddleSchoolCluster 2 1.20 4397 201 189 96.24 4884.44 3648 133.89% Ernest Everett Just
HighSchoolCluster 2 2.40 12045 412 377 192.48 13028.88 10811 120.52% F. DouglassAddn.

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

From an October 10, 2002 referral from Historic Preservation and Public Facilities Planning staff to the Park and Planning Subdivision Section, the following information was provided:

"The affected elementary, middle and high school cluster percent capacities are greater than 105%. Northview Drive Elementary and Whitehall are the Funded Schools in the affected elementary school cluster. Ernest Everett Just is the Funded School in the affected middle school cluster. The Frederick Douglass addition is the Funded School in the affected high school cluster. Therefore this subdivision can be approved with a three-year waiting period.

Based on this information, staff finds that the subdivision may be approved subject to conditions in accordance with Section 24-122.02.

Proposed Condition

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 are 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 an executed school facilities agreement where by 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."

In the City's position letter for Preliminary Plan #4-01100 (see Attachment 6, Condition #2), the City adopted the same language used in the Park and Planning staff referral with reference to 105% capacity. In the recent review of Preliminary Plan #4-02063 Collingbrook on November 4, 2002, Council supported the plan with conditions and the modification to the 105% capacity number to be substituted with 100% capacity in the adequate public facilities schools condition. Based on the current Council policy, staff recommends a condition to resolve APF school inadequacy similar to the above.

2. Transportation

The applicant submitted a Traffic Impact Analysis for Preliminary Plan #4-01100. Since the Analysis is less than one year old, Park and Planning's Transportation Planning staff did not require any further information for the subject plan. No information has been submitted as to the morning and evening peak hour trips to be generated from the site with the additional seven lots on Court A. Staff has therefore provided the peak hour trips from the staff report for Preliminary Plan #4-01100 based on 57 units:

The subject site is anticipated to be at build out by 2005. Therefore, peak hour trips were based on Proposed 2005 'New' Trips, as follows:

Morning Peak Hour Evening Peak Hour
Entering Exiting Total Entering Exiting Total
Trips/SFU 0.15 0.60 0.75 0.59 0.31 0.90
Trips/ 57 SFU 9 34 43 34 18 52

Also, from the staff report for Preliminary Plan #4-01100, there was information as to the background associated with the development of two adjacent residential neighborhoods to the north and east of the site (i.e. Collington Manor and Collington Station). Much of this information is in relation to several key transportation-related conditions placed on the approval of these two preliminary plans in the late 1980's. These conditions relate to Jennings Mill Drive and its future extension to the then undeveloped Woodmore at Oak Creek. It should be noted that Preliminary Plan #4-02084 proposes nine lots along Jennings Mill Drive as was proposed in Preliminary Plan #4-01100. As a result of the subject plan, no new lots or additional driveways are proposed that were not considered in Preliminary Plan #4-01100.

In the City position letter for Preliminary Plan #4-01100 Condition #6 was added for a four-way stop sign as a traffic control measure at Jennings Mill Drive and proposed Road A internal to the site. In the County Planning Board's approval of said plan, Park and Planning staff did not support the City's condition. Their reasoning was:

"This type of operational decision within a proposed public right-of-way is generally left up to the entity with the jurisdictional control over the right-of-way. In this instance, the subject roads will either be under the control of the Department of Public Works and Transportation for the county or, if annexed prior to construction of the road, under the control of the City of Bowie. M-NCPPC staff recommends that no condition be established with the action on this application that would attempt to limit the future operational control of this intersection."

Also, in the City position letter, Condition #5 addressed the future acquisition of the Correctional Officers' Union property by the applicant. The condition was intended to eliminate a third possible access onto Church Road South, dependent on the design of the lots and their access. This condition has been satisfied by design in Preliminary Plan #4-02084 with the extension of Court A further east into the development and all seven new lots having frontage along it.

Earlier this year during the review of the initial Woodmore at Oak Creek plan, staff applied the City's newly adopted Road Rating System for City-maintained streets since Jennings Mill Drive in Collington Station is a public right-of-way maintained by the City and it was shown as being extended into Woodmore at Oak Creek east to Church Road South. By using the City's Road Rating System, the finding was made the Woodmore at Oak Creek development's impact will be at an acceptable LOS (at build-out) on the City-maintained portion of Jennings Mill Drive. The proposed 20-lot subdivision will not result in any additional impact to City streets.

3. Police, Fire/Rescue, Ambulance and Medic

In an October 10, 2002 referral from the Historic Preservation and Public Facilities Planning Section to the Subdivision Section, the following findings were made:

"The proposed development is within the services area for Police District II-Bowie. In accordance with Section 24-122.1 (c) (1) (A) and (B) of the Subdivision Regulations of Prince George's County, the staff concludes that the existing County's police facilities will be adequate to serve the proposed Woodmore at Oak Creek development. This police facility will adequately serve the population generated by the proposed subdivision."

Also in a separate referral dated October 10, 2002 the following findings were made about fire/rescue, ambulance and paramedic service to the site:

"The existing fire engine service at Bowie Fire Station, Company 43 located at 16400 Pointer Ridge Drive has a service travel time of 5.36 minutes, which is beyond the 5.25 minutes travel time guideline.

The existing ambulance service at Bowie Fire Station, Company 43 located at 16400 Pointer Ridge Drive has a service travel time of 6.10 minutes, which is within the 6.25 minutes travel time guideline.

The existing paramedic service at Bowie Fire Station, Company 43 located at 16400 Pointer Ridge Drive has a service travel time of 6.10 minutes, which is within the 7.25 minutes travel time guideline.

The above findings are in conformance with the Adopted and Approved Public Safety Master Plan 1990 and the Guidelines for the Analysis of Development Impact on Fire and Rescue Facilities.

In order to alleviate the negative impact on fire and rescue services due to the inadequate services discussed, the Fire Department recommends that a fire suppression system be installed in all residential structures in accordance with National Fire Protection Association Standard 13D and all applicable Prince George's County Laws."

The City position for Preliminary Plan #4-01100 included Condition #3 (see Attachment 5) to address a fair share contribution by the developer to the planned Leeland Road Fire Station. Park and Planning Historic Preservation and Public Facilities staff did not support this condition. Their reasoning was that a fee is not appropriate. They made the finding that:

"…staff examined the travel times from the proposed Leeland Road fire station and the site of this subdivision application. The travel time to the entrance of this site from the proposed Leeland Road station is 6.62 minutes, which is beyond the recommended travel time for an ambulance unit according to the Planning Board's adopted guidelines. This time is a function of the distance to the station and the existing road system. Both Leeland Road and Church Road are currently two-lane facilities. Therefore, it is assumed fire vehicles cannot travel at the same speed on these roads as they could on an arterial road. Vehicles coming from the Bowie Station are assumed to be able to use arterial roads and travel at faster speeds, therefore making the travel times better. The staff cannot support a condition for fee payments for the Leeland Road station from this proposed subdivision."

As a result of the County law for all residential units being beyond adequate response times for fire engine service to have fire suppression systems (sprinklers), the site meets the APF fire engine test.

B. Stormwater Management

The applicant has received concept plan approval from Prince George's County on July 8, 2002. The County's concept approval is valid for a period of four years. When LID is used for stormwater management, a development does not have on-site stormwater management facilities in the form of wet or dry ponds. Stormwater controls are located on individual lots in the form of rain gardens, grassed swales and bioretention cells, etc. The site will have stormwater controls strategically located throughout the site to catch and absorb the stormwater runoff. Beneficial native plants are planted in the rain gardens and bioretention cells. The primary function of the beneficial plants is to absorb the runoff and process the pollutants through biological means. Maintenance of LID controls is the responsibility of the individual property owner and/or homeowners association dependent on where the rain gardens or a bioretention cell are located on private property. The use of LID is consistent with stormwater management methods that preserve habitat in the land development process, and this method is encouraged in the City's Wildlife Habitat Management Guidelines.

C. Woodland Conservation

The applicant had previous TCP Type I approval for Preliminary plan #4-01100. Since the acquisition of the Correctional Officers' Union Hall property, the original TCP for the site has been revised to include the 10-acre subject property. Information on the revised TCP shows existing woodland at the overall 123.47 acre site amounts to 28.6 acres. A total of 24.45 acres of existing woodland will be conserved as a result of the development. Based on the underlying R-A zoning, the woodland conservation/tree preservation threshold is 50%/20%. Given the R-A threshold, 33.40 acres woodland conservation is required. Therefore, 8.95 acres must be afforested. In a large lot residential subdivision such as this, the woodland/tree conservation areas are typically located on individual private lots rather than on open space parcels. Review comments from M-NCPPC Environmental Planning on #4-02084 require a revised TCP to be submitted that more accurately reflects woodland conservation areas in relation to lot lines. This requirement has not been satisfied in the current TCP. However, staff believes the applicant will submit a revised TCP prior to the County Planning Board hearing that will satisfy the Woodland Conservation requirements in the R-A zone.

D. Environmental Characteristics

As was noted in the staff review of Preliminary Plan #4-01100, according to the M-NCPPC Environmental Planning Division, information from the Maryland Department of Natural Resources (MDNR) Natural Heritage Program publication "Ecologically Significant Areas in Anne Arundel and Prince George's Counties" December 1997, indicates "there are no rare, threatened or endangered species found to occur in the vicinity of this site."

The applicant has been provided with the City's Environmental Report checklist, however, the applicant has not submitted the report to City staff. Wildlife habitat protection, techniques and methods from the Wildlife Habitat Management Guidelines should be included in the applicant's site development plans. For example, grading at the site should commence from the west portion and progress to the east in a phased method to allow for the natural migration of wildlife to the existing woodland located at the southern portion of the adjacent Collington Station (see Attachment 5). Wildlife corridors will be preserved on the site due to the woodland conservation requirements. Prior to the grading work getting underway, plastic snow fencing should be installed along the total roadway frontage of Church Road South as a temporary barrier to prevent wildlife from attempting to cross the road. Based on the Guidelines, grading at the site should not take place during the months of April through August. These are the breeding months for grass nesting bird species.

E. Other Considerations

1. Parks and Recreation

Referral comments from the Park and Planning Department of Parks and Recreation state that the subdivision is exempt from mandatory dedication of parkland because the lots are over one acre in size. In the referral it is also noted the Area Master Plan has a 60-acre park site symbol in this area. Mandatory dedication in the adjacent Oak Creek Club development meets the 60-acre parkland requirements.

2. Trails

There is a City-recommended condition (#1 in Attachment 6) to address trail connections and extensions from an existing trail system in Collington Station ultimately to the proposed community park/school site in the adjacent Oak Creek Club. Park and Planning Transportation Planning staff noted this condition would require a six-foot wide trail along the entire length of the extension of Jennings Mill Drive and a six-foot wide trail connecting that trail to the park/school site. The applicant's engineer indicated at the Planning Board hearing that a six-foot wide trail need only be provided along the south side of Jennings Mill Road. The condition approved by the Planning Board in Preliminary Plan #4-01100 is as follows:

"9. A six-foot wide trail shall be provided along the south side of Jennings Mill Drive along the entire length of the extension of Jennings Mill Drive. A six-foot wide trail connecting the Jennings Mill Drive trail shall be provided along the east side of Court A and extend through to the end of the outlot to be conveyed to M-NCPPC. The six-foot wide trail on Outlot B shall only be constructed if permitted by M-NCPPC. Along all other roads not provided for above, continuous sidewalks shall be provided along at least one side of all internal streets."

Referral comments from the Park and Planning's Transportation Planning Section note the Area Master Plan shows a planned trail/bikeway along the subject property's frontage of Church Road. The road will be improved to rural collector standards with six-foot wide paved shoulders. These shoulders are to serve as the master plan trail facility and accommodate bicycle traffic. Consistent with conditions placed on the approval of Preliminary Plan #4-01100, the two same conditions relating to trails should be required of the applicant. These read as follows:

"Before the completion of the road construction phase, the applicant, his heirs, successors and/or assignees shall provide a six-foot wide striped bicycle lane (shoulder) along the property's frontage on Church Road. Appropriate signage and pavement markings shall also be provided.

Standard sidewalks are recommended along at least one side of all internal roads, consistent with the approval of #4-01100."

This referral is consistent with the prior Preliminary Plan. The first condition regarding Church Road will implement the Area Master Plan. In relation to Condition #9 above from the Planning Board's approval of Preliminary Plan #4-01100 another condition is necessary to ensure the sidewalk on one side of Court A will extend into the new land area in Preliminary Plan #4-02084.

IV. Recommendation

Preliminary Plan #4-02084 known as Woodmore at Oak Creek Phase II meets the spirit and intent of the County's subdivision regulations in two of the three review criteria. The subject plan is deficient in relation to the woodland conservation criteria since further revisions to the TCP are necessary. The applicant also has not submitted the required Environmental Report to City Planning staff to address wildlife habitat management aspects that relate to the site. Therefore, staff recommends DISAPPROVAL of Preliminary Plan #4-02084 for Woodmore at Oak Creek Phase II. In the event the applicant submits complete information to satisfy these deficiencies prior to the Advisory Planning Board's hearing, staff will consider changing the recommendation to APPROVAL subject to the following conditions:

1. 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 are less than or equal to 100% or 3 years have elapsed since the time of the approval of the preliminary plan of subdivision; or pursuant to the terms of an executed school facilities agreement where by 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."

2. A note on the grading plan shall stipulate the grading will begin at the west side of the site and progress to the east. If the grading work takes more than one day's time, the work will be phased to allow for the natural migration of wildlife to the existing woodland to the east.

3. Wildlife corridors shall be preserved on the site consistent with the woodland conservation areas in the TCP.

4. Prior to the grading work commencing, temporary plastic snow fencing shall be installed along the Woodmore at Oak Creek site's total property frontage of Church Road South. This wildlife protection method shall be noted on the site's grading plan.

5. A sidewalk on one side of Court A shall extend into the new land area of the former Correctional Officers' Union Hall property.

6. Conditions placed on the approval of Preliminary Plan #4-01100 should remain in full force and effect.

LAND USE PETITION IN THE BOWIE PLANNING AREA

Md.-National Capital Park and Planning Commission ID: Preliminary Plan #4-02084
Woodmore at Oak Creek Phase II
Bowie Advisory Planning Board # 02-25 Date: November 25, 2002
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INTRODUCTORY NOTE: The proposed application is a request for approval:

_ ___ (a) of a zoning type case involving the specific use of land;
___ _ (b) of a conceptual site plan;
__X_ (c) to subdivide property into building lots and obtain adequate public facilities approval;
(d) of a site plan for building and parking design, landscaping, architecture, etc.

under the development regulations of Prince George's County. The application has been referred to the City for our review and recommendation. The position of the Bowie Advisory Planning Board in this matter is advisory to the City Council. The City Council will also conduct a public hearing on this application and their vote will become the final City recommendation. Persons wishing to participate in these hearings must submit written testimony or sign up to speak at each public hearing. Each person wishing to speak at the City's hearings will be given up to three (3) minutes. To participate in the County's hearings, you must make a separate, written request to become a person of record.

GENERAL DATA:
1. Nature of Petition: Preliminary Plan of Subdivision
2. Petitioner: Washington Management & Development Co., Inc.
3. Represented by: Mr. Cleve Stover III of Greenman-Pedersen, Inc.
4. Location of Petitioned Property: East side of Church Road South, approximately 2,000 feet south of Md. Route 214.
5. Proposed use of Petitioned Property: 20 single-family detached dwelling units.
6. Size/Zone of Petitioned Property: 10.12 acres/zoned R-A (Residential-Agriculture)
7. Date of hearing before BAPB: Wednesday, November 13, 2002 at 7:00 p.m.
8. Date of hearing before City Council: Monday, November 18, 2002 at 8:00 p.m.
9. Date of hearing before Prince George's County Planning Board: Thursday, November 21, 2002
at 8:30 a.m.
10. Date of hearing before Hearing Examiner:
11. Date of hearing before District Council:

NOTICES/LEGALS DATE Number of Mailing/Signs
Notice sent to Adj. Properties: 10/28/02 12
Notice sent to Parties of Record 10/28/02 2
Date Signs Posted: 10/31/02 1
Date Legal Sent: 10/29/02
Date Legal Appeared: 10/31/02

RECOMMENDATIONS:
12. Department of Planning & Economic Development Recommendation:

The Department of Planning & Economic Development staff recommends APPROVAL as in the 11/25/02 memo to Council with supplemental information.

13. Bowie Advisory Planning Board Recommendation: The Board recommends DISAPPROVAL as found on page 4 of the 11/22/02 memo to Council.

MEMORANDUM

TO: City Council

FROM: Reverend John C. Cooper, Sr., Chairman
Bowie Advisory Planning Board

RE: Preliminary Plan #4-02084 DATE: 11/25/02
Woodmore at Oak Creek Phase II

On Wednesday, November 13, 2002, the Advisory Planning Board reviewed Preliminary Plan #4-02084 known as Woodmore at Oak Creek Phase II. The site is located on the east side of Church Road South, approximately 1,000 feet south of MD Route 214. The property contains 10.12 acres and is zoned R-A (Residential-Agriculture). The proposal is for 20 lots for large lot single-family dwelling units.

Presentations

Mr. Cleve Stover, a Landscape Architect with Greenmen-Pedersen Inc., was present representing the developer, Mr. John Pyles of the Washington Management and Development Company, Inc. Mr. Stover described the history associated with the site in that, the subject 10-acre parcel was previously owned by the Correctional Officers' Union. He said the site was proposed for a Special Exception for a Union Hall facility, however, Mr. Pyles recently acquired it for inclusion to the 57-lot Woodmore at Oak Creek subdivision. Next, he oriented the Board to the 57-lot subdivision with a colored rendering. He also had a second rendering of the subject 20-lot subdivision for Phase II. He said they were pleased to present the Phase II plan that will be a continuation of the large lot residential development found in Collington Manor to the north of the site. He said the subject plan contains seven new lots that have been located on the former Union Hall property. He said they have shown the Phase II plan to the homeowners association (HOA) in both Collington Manor and Station. He said the two associations supported the continuation of the residential land use of the 10-acres, since it was a better use than compared to the Union Hall use in their community. Mr. Stover said their plan respects the environmental amenities found at the site that includes area of woodland and wetlands. He said he read the staff report and they concur with the recommendation for disapproval until such time as revised information about the Tree Conservation Plan (TCP) and Wildlife Habitat Guidelines is finalized and submitted to City staff. He said they are approximately half way through completing the Environmental Report and noted that they intend to submit it next week.

Mrs. Lori Shirley of the Planning Department presented the staff report and recommendation. From Mr. Stover's rendering of the original subdivision plan for the 57-lots, she oriented the Board as to the site's location in relation to Collington Manor and Station to the north and east, respectively. She identified the 57-lot portion of the site as a Preliminary Plan of subdivision (#4-01100) that the Board reviewed in April of this year. She explained the seven new lots in the subject plan are the result of an extension of a single cul-de-sac in the original plan that had four lots on it. She said Lots 5 through 13 along Jennings Mill Drive are also a part of the subject plan and these will be slightly reduced in size to allow for the seven new lots on the cul-de-sac to the south of them. Mrs. Shirley summarized findings from the analysis section of the report. She said current schools information is provided for the additional seven lots, and noted all three-cluster schools were over 105% capacity. She said when the City Council reviewed the original subdivision plan earlier this year, their recommendation was for approval with conditions. She said one of these conditions included boiler plate language about schools and it included reference to 105% capacity. She said in the recent review by Council of the Collingbrook subdivision on November 4, 2002, Council also recommended approval with conditions and the stipulation that the 105% capacity number be lowered to 100%. She also said, from the Council review of Preliminary Plan #4-01100 for Phase I of this proposal, City Condition #6 stipulated that a four-way stop sign traffic control measure be installed at the Jennings Mill Drive and proposed Road A. She said in the County Planning Board's approval of this plan, Park and Planning staff did not support the condition because it was a matter of which entity would have jurisdictional control of the public right-of-way. Next, she discussed one last transportation-related aspect of the site. Mrs. Shirley said since the Woodmore at Oak Creek Phase I plan includes an extension of a City-maintained street (Jennings Mill Drive), staff applied the City's Road Rating System to it, to determine the impact vehicles from the Woodmore site would have on Jennings Mill Drive in Collington Station. She said the finding was made the Woodmore at Oak Creek development would not have an adverse impact on the level-of-service (LOS) of Jennings Mill Drive in Collington Station. She said the subject Preliminary Plan also will not result in a significant impact to this portion of the City-maintained street in Collington Station.

Next, Mrs. Shirley summarized other aspects of the proposal as to staff's findings and the recommendation. She noted the public facilities in relation to police, fire/rescue, ambulance and medic response times have inadequacies. She said the existing fire station to serve the site, Company #43 in Pointer Ridge, has a response time for fire engine service that is beyond the 5.25 minutes time guideline. She said to alleviate this inadequacy, fire suppression systems will be installed in all residential structures in accordance with County laws. Mrs. Shirley said the City position for Preliminary Plan #4-01100 included a condition to address a fair share contribution by the developer to the planned Leeland Road Fire Station. She said Park and Planning staff did not support that condition based on the existing road system and their finding that vehicles coming from the Bowie Station use existing arterial roads and travel at faster speeds, therefore making the travel times better.

Mrs. Shirley noted environmental characteristics associated with the site. She said the stormwater management method will be for Low Impact Development (LID), and the applicant has obtained concept plan approval from Prince George's County. She said a revised Tree Conservation Plan (TCP) has to be submitted to clarify several conservation areas on lots, and it is possible adjustments may have to be made to the Preliminary Plan to reflect these areas on the TCP. She noted the applicant had not yet submitted a required Environmental Report to the City to address the Wildlife Habitat Management Guidelines. Mrs. Shirley said, based on these two unresolved issues, staff cannot support the plan until this information has been submitted, and has been found to satisfy TCP requirements and the Wildlife Guidelines. In conclusion, she said staff recommends DISAPPROVAL of Preliminary Plan #4-02084. However, staff could change the recommendation to APPROVAL with conditions once the additional information is submitted and is found to satisfy these two areas associated with the site.

BAPB Discussion

The Board's discussion centered on the following:

· Mr. Smith asked staff to explain the planned road improvements for this area of Church Road South. Mrs. Shirley said there are road improvements that will be made by developers along their roadway frontage on Church Road. She said the developers of the nearby Oak Creek Club and Beechtree developments will provide the lion's share of the piecemeal road improvements to Church Road. She said, however, there are no planned CIP improvements in the County's budget for other improvements to the road. She noted the adopted Master Plan requires the road improvements by developers to rural collector road standards (a two-lane road with paved shoulders).
· Ms. Griffith said she was concerned about Church Road and the impacts this development would have on it and the local public schools. She said the Board keeps reviewing preliminary plans of subdivision, however, there are few planned improvements to the local public facilities to keep pace with new developments.
· Vice Chairman Nuriddin said it was time to address the 105% and 100% capacity numbers associated with public schools. She said this is a "pay and go" process and that was part of the problem.
· Mr. Rogers asked Mr. Stover whether the developer would "pay and go" in this case? Mr. Stover said, yes, that is his intention. He said Mr. Pyles will enter into an agreement with the County Executive.
· Chairman Cooper asked staff about the reference on page 6 of the staff report, and that "the travel time to the entrance of this site from the proposed Leeland Road Station is 6.62 minutes." He asked how will this be acceptable after that station has been built? Mrs. Shirley said the 6.62 response time is based on the existing road conditions for Leeland, Oak Grove and Church Road South that are all currently in substandard condition. She said as the Oak Creek Club and Beechtree sites develop, these roads will be improved to rural collector road standards and should reduce the response times, compared to the response times based on existing road conditions.
· Mr. Stith asked, what is the closest new school planned within the vicinity? Mrs. Shirley said there is a planned elementary school/park site at the adjacent Oak Creek Club development.
· Chairman Cooper asked whether the Board could see the site plan for the planned elementary school site in relation to this proposal, with emphasis on the buffering that will be provided? Mrs. Shirley said if the Board decides to postpone their action tonight, staff will provide an attachment size reduction of Oak Creek Club that shows the location of the planned elementary school site in relation to the subject site.
· There was general discussion among the Board as to the likelihood of reconvening for this item in two weeks, to give the applicant time to submit the outstanding information as to the TCP and the Wildlife Guidelines. The consensus of the Board was to proceed with a motion tonight, but to relay to Council the Board's concern for not having all of the information in front of them at this time. The Board was in general agreement that since they did not have all of the information about the site, this hindered their ability to make a complete advisory recommendation to the Council. Mr. Stover said the Environmental Report will be submitted to the City early next week, since most, if not all, the environmental-related information about the site is available in the form of other plans that had already been prepared. Mr. Stith said, if the Board does not see this plan again before the Council reviews it, the Board's recommendation could be with the understanding the Board has done all they can do up to this point, given the time constraints with the approaching holidays.
· Mr. Troyer said it was a minor issue that the applicant's submittal lacked the Wildlife Guidelines information. But, he said, the Board should see all of the related information in its review of development proposals. He said he would not support a motion to approve the plan.
· Ms. Griffith said she was in general agreement with the statements from her colleagues.
· Mr. Loftin said he had serious concerns for the piecemeal improvements to Church Road.

Citizen Participation

No residents were present to address the Board.

BAPB Motion

Vice Chairman Nuriddin made a motion to accept the staff recommendation for DISAPPROVAL, with a statement that the basis is the lack of the required information for the TCP and the Wildlife Guidelines. She said the Board is concerned for the piecemeal improvements to Church Road and the APF emergency services situation. She said these are quality of life issues that the Board is identifying, as it takes a comprehensive approach in the decision-making process. She said if the applicant can't accept the conditions for APPROVAL after submitting the required information, the Board would not support Preliminary Plan #4-02084 Woodmore at Oak Creek, Phase II. Mr. Loftin seconded the motion. The motion passed by a 6 to 1 vote with Mr. Troyer voting against the motion. Members present included: Mr. Troyer, Ms. Griffith, Mr. Smith, Chairman Cooper, Mr. Rogers, Vice Chairman Nuriddin and Mr. Loftin.

MEMORANDUM

TO: City Council

FROM: David J. Deutsch, City Manager

RE: Preliminary Plan #4-02084 DATE: 11/25/02
Woodmore at Oak Creek Phase II
Supplemental Information

I. Background

The applicant has submitted additional information about the Woodmore at Oak Creek Phase II site in relation to the Tree Conservation Plan (TCP) and the City's Wildlife Habitat Management Guidelines. Both the Advisory Planning Board and Planning staff recommend DISAPPROVAL of the subject plan based on necessary revisions to the TCP and the lack of information about the site as to wildlife habitat protection. Since the Advisory Planning Board hearing on November 13, a revised TCP has been submitted that corresponds with minor revisions to lot lines on the Preliminary Plan of subdivision in compliance with the County's Woodland Conservation/Tree Preservation Ordinance (WC/TPO). Woodmore at Oak Creek Phases I and II totals 134 acres. A total of 28.6 acres of woodland exists at the site. As a result of road alignments and utility installation, 4.63 acres will be removed. Woodland afforestation will be provided on several lots to bring the conservation requirement up to the site's threshold so that 21.34% of the site will be in woodland. Based on this revision to the TCP, staff believes M-NCPPC staff will support the woodland conservation now shown.

An Environmental Report has been submitted. Several findings from the report are noteworthy. It is estimated the grading activity will be underway in the spring/summer of 2003. Observations and field notes from the preparation of the Forest Stand Delineation (FSD) and the TCP indicate several areas of the site with medium to high value wildlife habitat. These notes included reference to several bird species types observed in the area. Based on this finding, the developer should not conduct grading activity during the months of mid-April to mid-August to protect grass nesting bird species. A Wetlands Delineation has been prepared for the site. Two areas have been identified as jurisdictional Waters of the U.S. (including wetlands). Based on the location of the wetlands and the lot layout and road alignments, none of the wetlands areas will be disturbed. The developer intends to completely avoid disturbance to the jurisdictional areas and their associated buffers that preclude the need to obtain wetland permits.

In the FSD, five forest stands were identified and fieldwork observations were noted. There is evidence of various wildlife species inhabiting the site. These include white-tailed deer, eastern cottontail rabbits, field mice, gray squirrels, fox and several bird types. In the FSD it is stated: "The site is the type of habitat preferred by primarily edge-dwelling songbirds and it provides food, cover, and resting/nesting areas for the other species (mentioned in the FSD). No sensitive species were observed during the study. The stream (a tributary of the Northeast Branch) and environs in this stand support a variety of fish and amphibians." The five forest stands will be preserved and undisturbed as a result of the large lot development of the site. Of the five forest stands, Forest Stand #3, in the southeast portion of the site, was found to have the highest quality natural resources. This forest stand is shown on the TCP as in a preservation area.

II. Recommendation

A revised TCP and the Environmental Report have been submitted to the City. The supplemental information is intended to address the concerns brought out by the Advisory Planning Board and Planning staff during their respective reviews of Preliminary Plan #4-02084. Based on the review of the revised TCP and the Environmental Report, staff recommends APPROVAL of Preliminary Plan #4-02084 Woodmore at Oak Creek Phase II subject to all of the conditions on page 9 of the 11/22/02 staff report.