LAND USE PETITION IN THE BOWIE PLANNING AREA
Md.-National Capital Park and Planning Commission ID:
Preliminary
Subdivision Plan #4-03020 Longleaf
Bowie Advisory Planning Board #03-15
Date: July 3, 2003
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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: O.A. Partners
3. Represented by: Bill Shipp, Fossett and Brugger
4. Location of Petitioned Property: Governor Bridge Road
5. Proposed use of Petitioned Property: 14 Single Family Building Lots
6. Size/Zone of Petitioned Property: 52.36 acres/zoned R-A (Residential Agricultural)
and
O-S (Open Space)
7. Date of hearing before BAPB: Tuesday, June 24, 2003 at 7:00 p.m.
8. Date of hearing before City Council: Monday, July 7, 2003 at 8:00 p.m.
9. Date of hearing before M-NCPPC: Thursday, September 4, 2003 at 9:00 a.m.
10. Date of hearing before Hearing Examiner: N/A
11. Date of hearing before District Council: N/A
NOTICES/LEGALS DATE Number of Mailings/Signs
Notice sent to Adj. Properties: 5/15/03 44
Notice sent to Parties of Record n/a
Date Signs Posted: 6/09/03 1
Date Legal Sent: 6/06/03
Date Legal Appeared: 6/12/03
RECOMMENDATIONS:
12. Department of Planning & Economic Development Recommendation:
The Department of Planning & Economic Development staff recommends APPROVAL
with conditions as stated in the attached report.
13. Bowie Advisory Planning Board Recommendation:
The Bowie Advisory Planning Board recommends APPROVAL with the conditions
as stated in the attached report.
MEMORANDUM
TO: City Council
FROM: Rev. John S. Cooper, Sr., Chairman
Bowie Advisory Planning Board
SUBJECT: Preliminary Plan of Subdivision #4-03020
Parcel 1, Block J; Tax Map 56; Grids A-1 and B-1
Longleaf
Governor Bridge Road
DATE: July 3, 2003
___________________________________________________________________________
The Bowie Advisory Planning Board (BAPB) met on Tuesday, June 24, 2003 to review a Preliminary Plan of Subdivision application (#4-03020) for the purpose of creating 14 single family building lots and one out parcel, which is proposed to be conveyed to the Park and Planning Commission. The applicant in this case is O.A. Partners. The subject property, which is located on the north side of Governor Bridge Road, contains a total of 52.36 acres and is zoned R-A (Residential Agricultural) (30.03 acres) and O-S (Open Space) (22.33 acres), where the proposed single family residential use is permitted by right under the Prince George’s County Zoning Ordinance.
Presentations
Mr. Bill Shipp, an attorney with Fossett and Brugger, and Mr. Eliot Powell,
with O.A. Partners, were in attendance and represented the applicant. Mr. Shipp
noted that the subject site is a remaining, but independent, parcel from the
original Longleaf subdivision. The 14 residential lots proposed range in size
from one to more than five acres in area. The subdivision is envisioned to
develop as an enclave of executive houses that will have a minimum base price
of at least $350,000 and a minimum area of 3,000 sq. ft. While interest in
building in this subdivision has been expressed by several contractors, no
builder has been selected at this point.
Mr. Shipp continued, noting that a pre-preliminary plan for this site had been submitted last year, but more definite plans took awhile to evolve. He, his client and the project engineer had met with the City and County staffs during the development of the plans. The project has received conditional Stormwater Management Concept Plan approval from the City.
In conclusion, Mr. Shipp referred to the staff report, stating that the applicant agreed with Conditions #1, 3-7 as contained in the staff report. Regarding Condition #2, Mr. Shipp questioned whether the $1,890/unit contribution for improvements still applied, since, according to Park and Planning, the U.S. Route 301/Governor Bridge Road intersection no longer fails. Mr. Shipp suggested leaving Condition #2 as it is in the staff report and he would seek an interpretation by the Planning Board.
With respect to Condition #8, Mr. Shipp indicated he concurred with the submission of a subsequent Limited Detailed Site Plan application, but requested that it be reviewed at the staff level.
Mr. Frank Stevens of the City Planning Staff, reviewed the staff report (attached), citing the Subdivision Ordinance requirements for approval of a Preliminary Subdivision Plan. In summary, Mr. Stevens noted that the project met the requirements for approval, and recommended that the Subdivision Plan be approved, with the modification of Conditions #2 and 8, as suggested by Mr. Shipp.
Questions by BAPB Members
Questions by BAPB members centered on the following:
· How high are the housing prices expected to be? (Mr. Eliot Powell, representing the developer, O.A. Partners, indicated that the expectation is that the prices of the houses will most likely not be less than $500,000.)
· When is the selection of a builder anticipated? (Mr. Powell noted that the developer has been pleasantly surprised by the number of builders who have expressed an interest in the project. However, the plans are to select one builder for the project, and that could come in the third quarter of this year.)
· How the $322/unit APF fee was calculated? How much money has been collected? What is the cost of the EMS facility? (Mr. Stevens explained that the per unit fee was calculated by the Park and Planning staff using a formula that included such factors as the population served by the facility and the cost of the facility. Mr. Stevens indicated that, while he did not know how much money has been collected nor the cost of the facility, he noted he would look into getting answers to those questions and provide them to the Board.)
Citizen Participation
No one signed up to speak at the public hearing and no residents attended the
meeting.
BAPB Discussion
During its discussion, the Board noted that, although the impacts of 14 single
family units are not significant and the executive housing proposed in this
application is the type of residential housing sought in Bowie and Prince George’s
County, the fact remains that there are school capacity and fire/rescue response
time issues outstanding.
BAPB Motion
Mr. Lonnie Stith moved for APPROVAL of Preliminary Subdivision Plan #4-03020
for the creation of 14 single family building lots and one out parcel, in accordance
with the conditions stated in the staff report and as amended at the BAPB meeting.
His motion was seconded by Mr. Ray Loftin and passed by a 3-2 vote. (Mr. Terry
Rogers and Vice Chairman Terry Nuriddin opposed the motion.)
MEMORANDUM
To: City Council
From: David J. Deutsch
City Manager
Subject: Preliminary Plan of Subdivision #4-03020
Parcel 1, Block J; Tax Map 56; Grids A-1 and B-1
Longleaf
Governor Bridge Road
Date: July 3, 2003
______________________________________________________________________________
I. General Information
Applicant: O.A. Partners
Status of Ownership: Contract Purchaser
Subject: Preliminary Plan of Subdivision #4-03020
Project Name: Longleaf
Location: Governor Bridge Road (north side) (Attachment 1)
Acreage: 52.36 acres
Existing Zoning: R-A (Residential Agricultural) (30.03 acres)
O-S (Open Space) (22.33 acres)
Existing Land Use: Vacant
Surrounding Land Uses and Zoning:
North: Vacant; Zoned, V-L (Village, Low Density, in a CDZ)
South: Vacant; Zoned, O-S
East: Patuxent River (County Boundary)
West: Residential (cluster development); Zoned, R-R (Rural Residential)
Master Plan Land Use Category: Large Lot/Alternative Low Density
Master Plan Living Area: Community X
Sectional Map Amendment: O-S to R-A, and O-S retained, October 28, 1975
Water and Sewer Categories: Category 3 (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. However, the Bowie Town Center Fire Station, programmed in
Year 5 of the County’s Capital Improvement Program (CIP), will resolve
this inadequacy.
Medic: Station #43 (Pointer Ridge)
Medic response time is under the response time guideline.
Schools: Elementary School Cluster #3
Middle School Cluster #2
High School Cluster #2
All schools are beyond 105% capacity. However, on June 17, 2003, the District Council voted to abolish the Adequate Public Facilities (APF) test for schools and the 6-year waiting period and to adopt a flat $12,000/unit schools surcharge payable at the time a building permit is issued for a residential unit in a development. The new surcharge becomes effective on July 1, 2003.
II. Stakeholders Meeting
A stakeholders meeting regarding this development proposal was held on May
28, 2003. Those in attendance included the applicant, his attorney and City
staff. No area residents, or members of the public or press attended the
meeting.
III. Analysis of Preliminary Plan #4-03020 (Attachment 2)
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 property was annexed into the City in March 2001, when the Longleaf residential cluster development, and The Home Depot and BJ’s Wholesale Club retail uses were all annexed. The annexation became effective in May 2001.
A. Adequate Public Facilities (APF)
1. Water and Sewerage Facilities
The subject site is in Water Category W-3 and Sewer Category S-3, 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 6.89 5.25
Ambulance Pointer Ridge 6.89 6.25
Medic Pointer Ridge 6.89 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, Rodenhauser 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. According to the aforementioned County Planning Section, a total contribution of $4,508 ($322/unit) will be required for the future EMS facility. The $322/unit contribution should be paid prior to the issuance of a building permit for each dwelling.
4. School Facilities
COMMENT: On June 17, 2003, the County Council unanimously voted to approve
legislation that eliminates the existing County APF test with respect to
schools and the waiting period and replaces them with an increased School
Facilities Surcharge. Effective July 1, 2003, the Schools Surcharge will
be $12,000/unit. The Surcharge funds can be used anywhere within the County
to improve school facilities. Thus, the total school revenue raised by the
new Schools Surcharge for this development is $168,000. The Longleaf subdivision
will be one of the first residential developments to which this methodology
is applied.
5. Traffic Impacts
COMMENT: According to Park and Planning’s analysis, this 14 single-family
unit subdivision would generate 11 AM peak hour vehicle trips (2 in and 9
out) and 13 PM peak hour trips (9 in and 4 out). The signalized intersection
nearest to the subject site is at U.S. Route 301/Governor Bridge Road. The
latest available data indicate that this intersection operates at a Level
of Service (LOS) B in the AM peak hour and at a LOS C during the PM peak
hour. Assuming a growth rate of 3% annually along U.S. Route 301, background
traffic and the fact that there are no funded capital projects in the area
of this intersection, the LOS at this intersection in both the AM and PM
peak hours would be C in approximately four years.
The analysis assumed that 40% of the AM trips from the subject property would head north on U.S. Route 301; 40% would go south on Route 301; and, 20% would go west, across Route 301 onto Harbour Way.
In summary, the existing facilities are adequate to accommodate the traffic generated from the proposed development.
In approving the original Preliminary Subdivision Plan (#4-93042), of which the subject parcel was included, the Planning Board imposed a condition that required a per dwelling unit contribution for improvements in the U.S. Route 301 corridor, between U.S. Route 50 and MD Route 197. Condition #2 in Planning Board Resolution #93-318, adopted December 9, 1993, required, “Prior to the issuance of building permits, the applicant, his heirs, successors and/or assigns, shall provide a contribution of $1,890 per dwelling unit which shall be identified for improvements in the US 301 corridor between MD 197 and US 50. These funds shall be forwarded to DPW&T with notification to the Transportation and Public Facilities Planning Division. These funds shall be identified in the Capital Improvement Program for use within the US 301 corridor from the intersection of Collington Road (MD 197) and John Hanson Highway (US 50). These funds shall be indexed using the Engineering News Record method with 1992 as the base.” Even though this condition was imposed nearly 10 years ago, with the passage of time, it is believed that it should be restated and attached to Preliminary Plan #4-03020.
Since an on-road bike way is shown along Governor Bridge Road on the City’s adopted Trails Master Plan, the applicant should install the standard “Share the Road” signage along the entire frontage of the subject property.
B. Stormwater Management Concept Plan (Attachment 3)
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 along the new street within
the subdivision, swales and via individual bio-retention basins (a.k.a. rain
gardens) on 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. Approval of the Concept Plan is contingent upon the applicant’s engineer updating the information in the stormwater management pond data table. Since the above stormwater management concepts proposed in this development are acceptable, this requirement is satisfied.
C. Woodland Conservation and Tree Preservation (Attachment 4)
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, 41.17 acres of the site are wooded. Approximately 14.87 acres of woodland are proposed to be cleared; 26.3 acres of the site will be retained as woodlands. Under the County’s Woodland Conservation policy and formula, 24.3 acres of woodland conservation are required to be provided as a result of developing the subject site. Approximately 24.52 acres of woodlands are proposed to remain in preservation. Since the total acreage of woodland preservation exceeds what is required, woodland conservation requirements are being met on the property. No off-site tree mitigation or fee in lieu is necessary for this project.
D. Conformance with Other Subdivision Regulations and Zoning Ordinance
COMMENT: The subject 52.36-acre site is zoned R-A (Residential-Agricultural)
and O-S (Open Space), where detached single-family units are permitted
by right under the Zoning Ordinance. All of the residential lots proposed
in this subdivision meet the minimum lot area requirements for their respective
zones.
The proposed lot widths and frontages for the residential lots in this subdivision meet the requirements of the Zoning Ordinance. However, the lot widths at the front setback line should be labeled on the plan, as well as the distance of the front setback line from the public right-of-way line.
The subject property is located in Community X in the Area Master Plan. In describing the character of Community X, the Master Plan notes, “It is the intent of the Plan to maintain and foster a Permanent Low-Density, Rural Living Area character for this Community. The community, which is greatly influenced by the Patuxent River and it tributaries, derives its rural character from the natural environment, scattered farmed tracts and rural home sites, rural scenic roads, and the existing large lot zoning.” (Page 93) 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 this area.
The original Longleaf subdivision and record plat for the parcel currently under review depicted a conservation easement running in the northern portion of the site. While this easement is not shown on the Preliminary Plan for this subdivision, the limits of disturbance do not infringe on the easement area. Nevertheless, the limits of the existing conservation easement should be shown on this Preliminary Subdivision Plan.
E. Dedication of Parkland
COMMENT: The applicant is proposing to dedicate Parcel B, a 5.9-acre property
in the northeastern area of the entire subject site, to Park and Planning.
This site conforms to the City’s Development Review Guidelines because
it contains environmentally sensitive features such as wetlands and floodplains.
Staff concurs with the proposed dedication.
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:
· As part of the land development process, tree preservation/ conservation thresholds should preferably be met on-site. All of the TCP mitigations requirements are being met on the subject property.
· Since Parcel B, located in the O-S zone, is being conveyed to Park and Planning, this 5.9-acre site with wetlands and floodplains is being protected and preserved as open space.
· To preserve the rural and scenic character of Governor Bridge Road, a 50-foot wide scenic easement is proposed along the site’s frontage of this roadway. To further preserve the view along Governor Bridge Road, the applicant has relocated the stormwater management facilities from along the County road to within the subdivision. To address the City’s Development Guidelines, it is recommended that these stormwater management facilities be subjected to the submission and staff level review of a Limited Detailed Site Plan for the purpose of enhancing their appearance with the use of native and non-invasive plant species.
· For safety and security purposes, and since it is not possible to design them in an alternative fashion, the stormwater management facilities should be completely enclosed by a three-rail split rail fence, at least four feet in height, with a background of black mesh fencing.
Additionally, new residential subdivisions are encouraged to have landscaped monument entrances and overall sites that include the use of a minimum of 80% native and non-invasive plant species. To meet this objective, as well as to determine the types of street trees to be planted along the site’s frontage of Governor Bridge Road, a Limited Detailed Site Plan should be required to be submitted and reviewed at the staff level.
With respect to the City’s environmental guidelines, the development does not disturb nor encroach into any wetlands, wetland buffers or floodplains. A conservation easement exists on the record plat for this parcel and no disturbance is proposed within that area. A 5.9-acre parcel (Parcel B) in the northeastern portion of the property, which contains significant areas of wetlands, floodplains, hydric soils, and stream feeding into the Patuxent River, is to be dedicated to Park and Planning. The areas within the conservation easement and Parcel B are a corridor to the River and are proposed to remain in tree preservation. The applicant has indicated that the subdivision will be developed to be in general compliance with the goals of the City’s environmental guidelines.
IV. Recommendation
It is recommended that Preliminary Plan of Subdivision #4-03020 be APPROVED
with the following conditions:
1. At the time of final plat approval, the developer shall make a fair share contribution in the total amount of $4,508 ($322/unit) to Prince George’s County for the CIP construction funding of the future Bowie Town Center EMS facility. The $322 per unit contribution shall be paid prior to the issuance of a building permit for each dwelling.
2. Prior to the issuance of building permits, the applicant, his heirs, successors and/or assigns, shall provide a contribution of $1,890 per dwelling unit which shall be identified for improvements in the US 301 corridor between MD 197 and US 50. These funds shall be forwarded to DPW&T with notification to the Transportation and Public Facilities Planning Division. These funds shall be identified in the Capital Improvement Program for use within the US 301 corridor from the intersection of Collington Road (MD 197) and John Hanson Highway (US 50). These funds shall be indexed using the Engineering News Record method with 1992 as the base.
3. The applicant shall install the standard “Share the Road” signage along the entire frontage of the subject property.
4. The applicant’s engineer shall update the information in the stormwater management pond data table prior to signature approval of the Stormwater Management Concept Plan.
5. The stormwater management facilities shall be completely enclosed by a three-rail split rail fence, at least four feet in height, with a background of black mesh fencing.
6. The lot widths at the front setback line shall be labeled on the plan, as well as the distance of the front setback line from the public right-of-way line.
7. The limits of the existing conservation easement, shown on the record plat for the original Longleaf subdivision, shall be shown on this Preliminary Subdivision Plan for the subject parcel under review (Parcel 1, Block J).
8. A Limited Detailed Site Plan shall be submitted, for staff level review, for the purpose of demonstrating landscaping around the monumental entrance feature(s) for this subdivision as well as for enhancing the appearance of the stormwater management facilities, and for street trees along Governor Bridge Road. Landscaping for all of the above shall include the use of at least 80% native plant and non-invasive plant species.