Weekly Status Report

LAND USE PETITION IN THE BOWIE PLANNING AREA

Md.-National Capital Park and Planning Commission ID: Preliminary Plan #4-03059
Kingdom Hall of Jehovah’s Witnesses of Bowie

Bowie Advisory Planning Board # 03-27 Date: September 11, 2003
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INTRODUCTORY NOTE: The proposed application is a request for approval:

___x__(a) of a zoning type case involving the specific use of land;
__ (b) of a conceptual site plan;
_____ (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
2. Petitioner: Jehovah’s Witnesses of Bowie
3. Represented by: same
4. Location of Petitioned Property: 15311 Nice Street
5. Proposed use of Petitioned Property: 4,900 sq. ft. church, parking, and stormwater management
6. Size/Zone of Petitioned Property: 2.98 acres/ R-80
7. Date of hearing before BAPB: Tuesday, September 9, 2003 at 7:00 p.m.
8. Date of hearing before City Council: Monday, September 15, 2003 at 8:00 p.m.
9. Date of hearing before MNCPPC: TBD
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: 8/12/03 444
Notice sent to Parties of Record n/a
Date Signs Posted: 8/12/03
Date Legal Sent: 9/2/03
Date Legal Appeared: 9/4/03

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 conditions as stated in the attached report.

MEMORANDUM

TO: City Council

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

SUBJECT: Preliminary Plan #4-03059 DATE: 9/11/03
Kingdom Hall Jehovah’s Witnesses of Bowie

The Bowie Advisory Planning Board (BAPB) met on Tuesday, September 9, 2003 to review Preliminary Plan #4-03059. The applicant, Jehovah’s Witnesses of Bowie, is proposing to raze the existing church and replace it with a new facility of approximately the same size, expand the existing on-site parking area, and install a stormwater management facility. The site is located at the end of Nice Street just north of the Nottinghill Drive/Mt. Oak Road intersection. The property contains 2.98 acres and is zoned R-80, where the use and structure are permitted by right under the County Zoning Ordinance.

Presentation

John Tracy, representing the Church, described the history of the project as he referred to a Powerpoint presentation. He explained that the existing building is no longer functional. It has 30 years of wear and tear in addition to termite damage. The decision of the Church was to build a new building rather than remodel. The majority of the site is already cleared; all the existing trees will remain. He stated that basically, the only site work will be some grading. The new building will be set back from the existing building, at the end of the parking lot. Mr. Tracy then oriented the Board to the proposed site plan and floor plans. He described the stormwater management facility, indicating it is called a wet pond though it is dry the majority of the time. The pond will be surrounded by shrubbery intended to deter children from playing in the area. Mr. Tracy indicated that the Church will plant the pond with emergent plant material in accordance with staff’s recommendation. Mr. Tracy explained that the on-site parking will more than double, which will improve the current parking situation along Nice Street. Church parking along that street currently goes along its entire length. The interior parking area will be landscaped and lighted. Currently there are 3-4 floodlights in the parking area; the new lights (eight to ten) will be directional to minimize any light spillage into the adjacent community.

Mr. Tracy described the proposed architecture of the building. He stated it would be entirely brick veneer and as maintenance-free as possible. An almost identical Church was constructed in Upper Marlboro; another facility is at Enterprise Road. The building will be compliant with all ADA requirements for handicap accessibility. The floor plan shows that there will be an increase of only 20 seats in the sanctuary. Mr. Tracy explained that once the congregation reaches 175 or so members, the Church then splits the congregation to keep the size small. Mr. Tracy stated that the project will result in a negligible traffic impact compared with current traffic. They are not proposing any daycare or after- school activities. He explained that the meeting times are in the evening, after rush-hour, and will be staggered between 7:30 pm and 9:30 pm.

Mr. Tracy identified the benefits to the community of the proposal, including a new structure, improved parking and stormwater management facilities where currently there are none. He stated they have a track record of being good neighbors. In conclusion, he explained the construction process for the Church. After grading is completed, the remainder of construction will be undertaken by licensed professional church volunteers. The entire process is estimated to take 10 months. Mr. Tracy then introduced Michelle Bennett, the project engineer.

Ms. Bennett stated that water and sewer service exists, and that the connections will be extended. She then described the drainage patterns of the site and the stormwater management plan. She explained that they need an easement to access drainage pipes on the Allen Pond townhouse site to the east. Ms. Bennett indicated that for the southwest corner of the site, grading will result in a slightly elevated parking area in that location. No improvements are planned for Nice Street.

Cynthia Fenton presented the staff report and recommendation. She described the criteria for Preliminary Plan approval, and explained how the applicant met the criteria. Ms. Fenton explained that MNCPPC had not completed their APF review at the time the City staff report was written. She indicated MNCPPC was in the process of determining whether the new Bowie Town Center fire station would service the site. If so, the applicant would be required to pay a fair-share contribution toward the facility. Ms. Fenton indicated that since the staff report was written, the applicant completed the road service standard analysis. She concurred with the applicant’s conclusion that generally the level-of-service would be “B.” A worst-case scenario described by the applicant, that staff found unlikely to occur (355 people for a 200 seat capacity), would be the only one resulting in a level-of service “C”, which is acceptable by City standards. Ms. Fenton indicated that the applicant’s final design of the stormwater management pond had not yet been reviewed, and therefore, staff recommended the pond be planted with emergent native plant material, so that any standing water in the pond would be absorbed. She then concluded with the staff recommendation and reiterated the three conditions.

Questions by BAPB Members

--How long will the existing building remain on site before it is razed? The applicant and engineer answered it would have to be one of the first things done. They would like to keep the building up as long as possible, but it will most likely have to be removed prior to or during grading.

--Will the increased height of the parking area make it more visible (to the homes to the south of the site)? The engineer answered that a part of it will be slightly higher than what is existing, but landscape buffers will have to be planted in compliance with Landscape Manual requirements.

--Is the easement to access the drainage pipes pending? The applicant answered that it is in the process of recordation.

--How did the County arrive at the fee structure for the Bowie Town Center fire station? Staff answered that while she did not know the origination of the actual figure, the same figure is applied to each unit in a residential project. Because this project is an institutional use, the fee would apply to the number of employees. The applicant added that would make a donation toward the facility, as they are a volunteer organization and have no employees.

--What is a Limited Detailed Site Plan? Staff answered that, in this case, a Detailed Site Plan is not required. Therefore, staff is recommending a Limited Detailed Site Plan that is meant to address specific issues such as architecture, landscaping, lighting, parking and so forth that are identified for later review and public hearing.

--How will maintenance (of landscaping) be addressed? Who will be responsible? What about monitoring the pond operation? Staff answered that all landscape maintenance is the Church’s responsibility. If the residents feel there is a problem that has not been responded to by the Church, they can contact the City’s Code Compliance office. The applicant will have to work out an agreement with the City prior to permit approval (and City inspection for construction), indicating the pond will be inspected on a regular basis by a licensed engineer, to ensure it continues to function correctly. The applicant indicated there is a hierarchy of members published so that adjacent residents may contact them if there is a problem.

--Will the parking lot lighting be on a timer? The applicant answered that right now there is one photo-cell floodlight that stays on all the time. The others are off by 10:30 when the last cars leave the lot. The new directional lights will be on a timer.

Citizen Participation

There were four residents signed up to speak.

Mark Veney, 2907 Needlewood Lane. Mr. Viney said that presently, 2-3 parking lights are burning all the time. He wants to know the timing of the proposed lights. He does not want a shopping mall parking lot behind his house. At the Stakeholders Meeting the Church said the construction process would take 8-10 months, now they are saying six weeks. He wants the property adequately screened to protect the peace and tranquility of his home.

John Lalley, 2903 Needlewood Lane. He has a concern with the noise level during construction. The pond is a mini-Allen Pond and is moving closer to his house. He does not want it to be a problem like his neighbor has, with ducks in his swimming pool. Lighting is also a concern. Construction will take longer (with dirt, etc.,) than six weeks. Moving the church facility closer to him won’t make it better.

Michael Trott, 2905 Needlewood Lane. He has a couple of concerns. He is not opposed to the Church expanding but is concerned with what they will do with the existing building and lighting. He indicated there is already an existing mosquito problem. He just spent $1,200 cleaning up trees on his property and is not happy with all the overgrown trees and vines the on the Church property. He wanted to know what will happen to the termites once the building is removed; he feels they will migrate to the stormwater management pond. He doesn’t want the pond in that location. He is also concerned about the APF fee since there are no Church employees and wonders who will pay for the ambulance. In conclusion, he indicated he is concerned about the use of unskilled labor to construct the new facility.

Hiwartha Donaldson, 2905 Needlewood Lane. She doesn’t want the stormwater management pond behind her. She has spent a considerable amount of money on cutting back overgrowth along her property line and is worried nothing will be done on the Church property on the other side.

Applicant’s Rebuttal

The applicant indicated that it will take six weeks from the time the slab is laid to when all the building materials arrive on-site. The total construction time will still be approximately 10 months, as stated on August 27th. The applicant stated that the Detailed Site Plan (DSP) will address many of the issues raised, including lighting. There are six existing floodlights, the 10 new lights will be directional lights and they will be on timers. Mr. Tracy explained that he didn’t want the stormwater management pond but that it is a City and County requirement. It is called a wet pond though most of the time it will be dry. The applicant intends to comply with staff’s recommendation that the pond be planted with native species, which will facilitate water absorption on those (rare) occasions when there is water in the pond. He would like the existing building to stay, but to do site work it will have to be removed. He explained the termites have been exterminated but the damage is still there. It was more cost-effective to build a new building than repair the existing one. The applicant also indicated that the Church has regularly scheduled maintenance but will be happy to talk to the neighbors.

BAPB Discussion

Board members noted the fact that the County will have to work out the APF fee issue, since the Church has no employees. The Board also asked the residents to make the Church aware of those times when problems arise so they can be addressed. They indicated the City has a Code Compliance office and will inspect the property if asked. The Board noted concerns with the stormwater management pond during construction, and the timing of the removal of the existing building. Condition #2 was amended to include a reference to the size of the pond and lighting. Two new conditions (#4 and #5) were added by staff at the Board’s request, to address sediment control and the removal of the existing building.

BAPB Motion

Vice Chair Nurridin made a motion to accept the staff recommendation of APPROVAL with conditions as amended. Mr. Rogers seconded the motion which passed unanimously, 8-0 (Griffith absent). The conditions are as follows:

1. If MNCPPC deems that the site will be served by the proposed Bowie Town Center Fire Station, the applicant shall provide a fee of $322.00 per church employee to Prince George’s County which shall serve as a fair-share contribution toward its construction and the acquisition of an ambulance.

2. A Limited Detailed Site Plan shall be required for parking, landscaping, lighting, the size of the Stormwater Management pond and architecture.

3. If the applicant is required by the City to submit a landscaping plan for the pond perimeter, the applicant shall plant the pond with a variety of emergent plantings listed in the Wildlife Habitat Management Guidelines.

4. During construction of the new building, the applicant shall take adequate sediment control measures to mitigate any impact to adjacent residential properties.

5. The existing building shall be razed at the time the site is graded.

The applicant agreed to all the conditions.

MEMORANDUM

TO: City Council

FROM: David Deutsch
City Manager

SUBJECT: Kingdom Hall of Jehovah’s Witnesses Bowie
Preliminary Plan #4-03059

DATE: 9/5/03

________________________________________________________________________

I. General Information

Applicant: David Booth

Status of Applicant: owner/agent

Project Name: Kingdom Hall of Jehovah’s Witnesses Bowie

Location: 15311 Nice Street, ¼ mile north of the intersection of Mt. Oak Road and Nottinghill Dr. (see Attachment 1)

Acreage/ Zoning: 2.98 acres / R-80

Existing Land Use: Church

Proposed Land Use: Existing church to be razed and replaced with new and larger church

Adjacent Land Uses/Zoning: North: R-T/ Allen Pond Townhouses
South: R-80/ single-family detached dwellings
East: R-T/single-family detached dwellings
West: R-T/Allen Pond Townhouses

Master Plan Living Area: This property is in Community I.

General Plan: Developing Tier

Water and Sewer Category: S-3 and W-3

Police: Bowie, District II

Fire and Ambulance: Pointer Ridge Station #43

Medic: Pointer Ridge Station #43

II. Background/Proposal

The site is 2.98 acres and is located at the dead end of Nice Street, just ¼ mile north of the Mt. Oak Road/Nottinghill Dr. intersection. The existing church will be razed and replaced with a slightly larger church, parking, and stormwater management facilities. The existing church has been standing for nearly 30 years, and the congregation has grown from 100 to 390 members. As a result, the church has outgrown its current space. In addition, termite damage occurred which makes the option of remodeling infeasible. The applicants intend to replace the existing facility with one approximately the same square footage, 4,900 sq. ft. The new building will have the same size sanctuary and seating capacity (for 200). Additional space is proposed for meeting rooms and minor ancillary uses. The new building will be located approximately 120 ft. east of its existing location and will be set back over 300 ft. from the front property line to minimize any disturbance to the surrounding residential neighborhood. The parking area will be expanded, with on-site stormwater management facilities to handle the runoff, and it will be landscaped in accordance with the Prince George’s County Landscape Manual. The building will be constructed completely of brick veneer with vinyl sided gables and trim. It will comply with all ADA requirements.

Approval of a Preliminary Plan is required for APF. The original building was constructed prior to current APF requirements.

III. Stakeholders Meeting

A Stakeholders Meeting was held on August 27, 2003. The results of the meeting are attached. Two residents attended the meeting in addition to representatives of the Hall and staff. Questions were raised regarding mosquito control of the stormwater management pond and the timing of the project.

IV. 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. Should this application be approved, staff is further recommending a Limited Detailed Site Plan to address parking, architecture and landscaping.

A. Adequate Public Facilities (APF)

1. Water and Sewer

The 2001 Water and Sewer Plan designates the property in Water Category W-3 and Sewer Category S-3. This designation indicates that service is available to the site.

COMMENT: The site is currently served by public water and sewer. This criterion has been met.

2. Police

According to MNCPPC’s Growth Policy and Public Facilities Section, the existing County police facilities for District II will be adequate to serve the proposed development.

COMMENT: This criterion has been met.

3. Fire and Rescue

The M-NCPPC Growth Policy and Public Facilities Planning Section had not completed their analysis at the time this report was written. No response times from the existing Pointer Ridge facility were provided. MNCPPC staff is in the process of determining whether the planned Bowie Town Center facility would ultimately serve this site. If so, the County will levy a fee of $322.00 per church employee to serve as a fair-share contribution toward the construction of the BTC facility and the acquisition of an ambulance.

COMMENT: This criterion will met prior to Preliminary Plan approval in accordance with the Prince George’s County requirements. A condition is included in the staff recommendation.

B. Traffic Impacts

The property has 53.57 linear feet of frontage along Nice Street, a 50 ft. wide right-of-way, classified by the City’s service volume standards as a secondary residential street with no sidewalks. It is approximately 220 linear feet from Nottinghill Drive dead-ending at the Hall property.

The applicant was in the process of completing the City service volume standard analysis at the time this report was written. Because the size of the church and the seating capacity will remain unchanged, staff does not foresee any additional traffic impacts other than those existing. There are only two houses on Nice Street, and traffic generated by the church should not create a level-of-service below “B” at any time during the week. Staff anticipates that the applicant’s analysis will verify that Nice Street will operate at acceptable level-of-service.

The applicant was required by the Transportation Planning Section to provide traffic counts. A full traffic impact analysis was not required. The Transportation Section had not concluded its review of the traffic count analysis at the time this report was written. MNCPPC may attach conditions to address any deficiencies at the Nottinghill Drive/Mt. Oak Road intersection.

COMMENT: Staff anticipates that the applicant’s traffic analysis will show City service volume standards for Nice Street to be acceptable. If an acceptable level is not met, staff will recommend a condition to reduce the seating capacity to minimize the volume of traffic on Nice Street.

C. Stormwater Management Concept Plan

The applicant submitted a Stormwater Management Concept Plan to the City and obtained concept approval (#01-0303-204NE13) in March 2003. The applicants are proposing a shallow wet pond at the west end of the site surrounded by thorny shrubbery. At the Stakeholders

Meeting the applicants indicated they would consider fencing in addition to the shrubbery. Fencing is not required under the City’s Stormwater Management regulations. The pond is shallow, only 1-2 feet deep, so the safety issue is minimal, especially if the pond is planted along the perimeter. If the applicant is required to submit a landscaping plan for the pond staff further recommends that the pond be planted with a variety of emergent plantings listed in the Wildlife Habitat Management Guidelines (attached).

COMMENT: This criterion has been met.

D. Woodland Conservation and Tree Preservation

The subject property is exempt from the provisions of the Woodland Conservation and Tree Preservation Ordinance. The area of existing woodland is less than 10,000 sq. ft. and there are no previously approved Tree Conservation Plans. The applicant submitted a Simplified
Forest Stand Delineation (FSD) that shows approximately 2,500 sq. ft. of existing woodland on the site, primarily located along the southern perimeter. There are no environmentally sensitive areas on the site, such as steep or severe slopes, streams, wetlands or floodplain.

E. Wildlife Habitat Guidelines

The site is developed and is less than 10 acres. No clearing will be necessary, therefore, the City did not require an Environmental Report. According to the Maryland Department of Natural Resources, there are no rare, threatened or endangered species on the subject property.

V. Recommendation

Based on the above analysis, staff finds Preliminary Plan #4-03059 complies with the criteria for subdivision approval, provided certain conditions are met that address APF and design issues. For the above reasons, staff recommends Preliminary Plan #4-03059 be APPROVED subject to the following conditions:

2. A Limited Detailed Site Plan shall be required for parking, landscaping, lighting, the size of the Stormwater Management pond and architecture.

3. If the applicant is required by the City to submit a landscaping plan for the pond perimeter, the applicant shall plant the pond with a variety of emergent plantings listed in the Wildlife Habitat Management Guidelines.

4. During construction of the new building, the applicant shall take adequate sediment control measures to mitigate any impact to adjacent residential properties.

5. The existing building shall be razed at the time the site is graded.

Attachments
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