MONTGOMERY COUNTY PLANNING DEPARTMENT THE …

MONTGOMERY COUNTY PLANNING DEPARTMENT

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Topgolf - Germantown: Preliminary Plan Amendment No. 12007065B and Site Plan No. 820170010

MCPB

Item No.: 9 Date: 07-20-17

Benjamin Berbert, Planner Coordinator, Area 3, Benjamin.Berbert@ 301-495-4644

Sandra Pereira, Acting Supervisor, Area 3, Sandra.Pereira@ 301-495-2186

Richard Weaver, Acting Chief, Area 3, Richard.Weaver@ 301-495-4544

Completed: 07-07-17

Description

A. Topgolf - Germantown: Preliminary Plan Amendment No. 12007065B: Application to create one lot for up to a 64,232-square foot building with 102 golf hitting bays and a restaurant, located on the east side of Century Blvd., approximately 700 feet east of the intersection with Aircraft Drive; 12.1 acres, CR2.0 C-1.5, R-1.5, H-145 & Germantown Transit Mixed Use Overlay Zone; Germantown Employment Area Sector Plan. Recommendation ? Approval with conditions

B. Topgolf - Germantown: Site Plan No. 820170010: Application to construct a 64,232-square foot building with up to 102 golf hitting bays and associated on-site restaurant, located on the east side of Century Blvd., approximately 700 feet east of the intersection with Aircraft Drive; 12.1 acres, CR2.0 C-1.5, R-1.5, H-145 & Germantown Transit Mixed Use Overlay Zone; Germantown Employment Area Sector Plan. Recommendation ? Approval with conditions

Applicant: Topgolf USA Germantown LLC Acceptance Date: November 23, 2016 Review Basis: Chapter 22A, Chapter 50, Chapter 59

Summary

Staff recommends Approval with conditions to both the Preliminary Plan Amendment and Site Plan. While the Preliminary Plan Amendment is using valid Adequate Public Facilities for transportation from the original

approvals, the Amendment is fully replacing all other conditions and findings from the original approvals, and is being reviewed under the old Chapter 50 Subdivision Regulations that were in effect on February 12, 2017. The Applicant is required to construct a concrete median on Century Boulevard to improve off-site vehicle safety and circulation. The Site is located in the 2009 Germantown Employment Area Sector Plan. The proposed use will help anchor an emerging entertainment district on the eastern edge of the town center. Requirements of the Germantown Transit Mixed Use Overlay Zone do not apply because this project is using the standard method of development.

As conditioned, the Applicant must incorporate additional design elements that engage the public open space and

sidewalk on Century Boulevard in order for Staff to support modifications to the Build-to-Area and Building orientation requirements per Section 4.5.3. of the zoning ordinance.

TABLE OF CONTENTS

SECTION 1 ? RECOMMENDATIONS & CONDITIONS

Preliminary Plan Recommendation and Conditions

3

Site Plan Recommendation and Conditions

5

SECTION 2 ? SITE LOCATION & DESCRIPTION

Location

8

Site Vicinity

9

Site Analysis

9

SECTION 3 ? APPLICATIONS & PROPOSAL

Previous Regulatory Approvals

10

Current Proposal

10

SECTION 4 ? ANALYSIS & FINDINGS, PRELIMINARY PLAN 12007065B

Master Plan

16

Public Facilities

20

Lot Appropriateness

22

Forest Conservation Law

23

Stormwater Management

23

SECTION 5 ? ANALYSIS & FINDINGS, SITE PLAN 820170010

Findings Apply Only to This Site

24

Meets Previous Approvals

24

Complies with a Development Plan or Schematic Development Plan

24

Satisfies Green Area Requirements of a LMA

24

Satisfies Use, Development, and General Standards of the Zone

24

Satisfies Chapter 19 and Chapter 22A

32

Well-Integrated Parking, Circulation, Building Massing

32

Conforms to the Master Plan

34

Served by Adequate APF

34

Compatible with Existing, Approved or Pending Adjacent Development

34

For Sites with A Drive-Through

35

For Sites Zoned C-1 or C-2

35

SECTION 6 ? COMMUNITY OUTREACH

36

SECTION 7 ? CONCLUSION

36

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SECTION 1 ? RECOMMENDATIONS AND CONDITIONS

PRELIMINARY PLAN AMENDMENT NO. 12007065B: Staff recommends approval of the Preliminary Plan Amendment subject to conditions. All previous conditions from Preliminary Plan 120070650 and the subsequent A amendment are being fully replaced by the following conditions.

1) This approval is limited to one lot for up to 64,232 square feet of Commercial Recreation and Entertainment space.

2) Include the stormwater management concept approval letter and Preliminary Plan Resolution on the approval or cover sheet(s).

3) The Applicant must comply with the conditions of approval for the Final Forest Conservation Plan No. 820070150, as amended.

4) The Planning Board accepts the recommendations of the Montgomery County Department of Transportation ("MCDOT") in its letter dated June 27, 2017, except for condition number 5 regarding TPAR payments, and hereby incorporates them as conditions of the Preliminary Plan approval. The Applicant must comply with each of the recommendations as set forth in the letter, which may be amended by MCDOT provided that the amendments do not conflict with other conditions of the Preliminary Plan approval.

5) Prior to recordation of plat(s), the Applicant must satisfy the provisions for access and improvements as required by MCDOT.

6) The Planning Board accepts the recommendations of the Montgomery County Department of Permitting Service ("MCDPS") ? Water Resources Section in its stormwater management concept letter dated 03/16/2017, and hereby incorporates them as conditions of the Preliminary Plan approval. The Applicant must comply with each of the recommendations as set forth in the letter, which may be amended by MCDPS ? Water Resources Section provided that the amendments do not conflict with other conditions of the Preliminary Plan approval.

7) The Planning Board accepts the recommendations of the Montgomery County Department of Permitting Services (MCDPS), Fire Department Access and Water Supply Section in its letter dated 06/05/2017, and hereby incorporates them as conditions of approval. The Applicant must comply with each of the recommendations as set forth in the letter, which MCDPS may amend if the amendments do not conflict with other conditions of Preliminary Plan approval.

8) The Applicant must dedicate and show on the record plat one hundred thirty (130) feet of dedication from the opposite right-of-way line of Century Boulevard along the Subject Property's entire frontage.

9) The Applicant must construct all road improvements within the rights-of-way shown on the approved Preliminary Plan including: a. A four-foot wide concrete median, to be located in the centerline of the existing pavement section for Century Boulevard, from the end of the existing median, north approximately 400 feet, as modified by MCDOT thereafter.

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b. Construct an eight-foot wide brick sidewalk across the Subject Property Frontage, tying into the existing five-foot wide sidewalk at the northern site boundary.

10) The certified Preliminary Plan must contain the following note: "Unless specifically noted on this plan drawing or in the Planning Board conditions of approval, the building footprints, building heights, on-site parking, site circulation, and sidewalks shown on the Preliminary Plan are illustrative. The final locations of buildings, structures and hardscape will be determined at the time of site plan approval. Please refer to the zoning data table for development standards such as setbacks, building restriction lines, building height, and lot coverage for each lot. Other limitations for site development may also be included in the conditions of the Planning Board's approval."

11) Final approval of the number and location of buildings, on-site parking, site circulation, sidewalks, and open spaces will be determined at site plan.

12) Prior to recordation of any plat, Site Plan No. 820170010 must be certified by MNCPPC Staff.

13) Record plat must show necessary easements. 14) The record plat must reflect the following:

a. An ingress/Egress easement over the portion of the Subject Property where access is shared with the properties to the south.

b. A common use and access easement for the benefit of the public over all trails, sidewalks and paths not included in a public right-of-way or private street parcel, including the asphalt path around the stormwater management pond and the lead in sidewalks through the public open space between Century Boulevard and the building's main entrance.

15) The Adequate Public Facility (APF) review for the Preliminary Plan will remain valid for sixtyone (61) months from the date of mailing of the Planning Board Resolution.

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SITE PLAN NO. 820170010: Staff recommends approval of Site Plan 820170010. All site development elements shown on the latest electronic version as of the date of this Staff Report submitted via ePlans to the M-NCPPC are required except as modified by the following conditions.1

Conformance with Previous Approvals & Agreements

1. Preliminary Plan Conformance The development must comply with the conditions of approval for Preliminary Plan No. 12007065B.

Environment

2. Forest Conservation & Tree Save The development must comply with the conditions of approval for the Final Forest Conservation Plan ("FFCP"), approved as part of this Site Plan, as follows: a) Prior to the start of any demolition, clearing or grading on the Subject Property, the Applicant must record an M-NCPPC approved Certificate of Compliance in an M-NCPPC approved offsite forest bank for the 2.67 acres of off-site afforestation/reforestation required per the FFCP. b) Applicant must have all required site inspections performed by M-NCPPC staff per Section 22A.00.01.10 of the Forest Conservation Regulations. c) The Applicant must comply with all tree protection and tree save measures shown on the approved FFCP. Tree save measures not specified on the FFCP may be required by the MNCPPC Forest Conservation Inspector. d) The limits of disturbance (LOD) on the Final Sediment and Erosion Control Plan must be consistent with the LOD shown on the approved FFCP.

Public Use Space, Facilities and Amenities

3. Public Use Space, Facilities, and Amenities a) The Applicant must provide a minimum of 66,500 square feet of public use space (13.2% of net lot area) on-site. b) Prior to Certified Site Plan, Applicant must work with M-NCPPC Staff to incorporate additional design elements that engage the public open space and sidewalk on Century Boulevard, including, but not limited to, the following: i. Steps through the terraced planters ("Staircase") leading up to the building's main entrance in a similar manner as the steps provided through the terraced planters facing the parking lot. ii. Re-align the path connection between the Century Boulevard sidewalk and the Staircase to the building's main entrance so that it is perpendicular to Century Boulevard and aligns to the Staircase. iii. Activate the approximately 9,900 SF lawn area located between the building and Century Boulevard with site elements, such as, an expanded lawn games area, sitting, landscaping, and/or art.

1 For the purposes of these conditions, the term "Applicant" shall also mean the developer, the owner or any successor (s) in interest to the terms of this approval.

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c) Before the issuance of Use and Occupancy certificate for the commercial development, all public use space areas on the Subject Property must be completed, except for the landscaping, which may be deferred until the next planting season.

4. Maintenance of Public Amenities The Applicant is responsible for maintaining all publicly accessible amenities including, but not limited to benches, interpretive signs, bird houses, lawn games, bike racks and locker, light fixtures, and landscaping.

Transportation & Circulation

5. Pedestrian & Bicycle Circulation a) The Applicant must provide 2 long-term and 6 short-term bicycle parking spaces. b) The long-term spaces must be in an outdoor bicycle locker, and the short-term spaces must be inverted-U racks (or approved equal) installed next to the main entrance of the building, as identified on the Certified Site Plan. c) All internal sidewalks and pedestrian paths must be a minimum of five feet wide. d) Prior to issuance of Use and Occupancy for the commercial development, the Applicant must construct an eight-foot wide brick sidewalk across the Subject Property Frontage on Century Boulevard, tying into the existing five-foot wide sidewalk at the northern site boundary.

6. Fire and Rescue The Planning Board accepts the recommendations of the MCDPS Fire Department Access and Water Supply Section in its letter dated June 5, 2017, and hereby incorporates them as conditions of approval. The Applicant must comply with each of the recommendations as set forth in the letter, which MCFRS may amend if the amendments do not conflict with other conditions of Site Plan approval.

Site Plan 7. Site Design a) The exterior architectural character, proportion, materials, and articulation must be substantially similar to the schematic elevations of the submitted architectural drawings submitted via ePlans, as determined by M-NCPPC Staff. b) Applicant must provide LED color changing mesh panels as shown on architectural elevations of the Certified Site Plan.

8. Landscaping a) The Applicant must install the site elements as shown on the landscape plans submitted to MNCPPC, or approved equivalent. b) Prior to Certified Site Plan, the Applicant must work with M-NCPPC Staff to supplement the plant material along the northern retaining wall with several groupings of evergreen trees and additional vines, subject to final approval by MCDPS ? Water Resources Section.

9. Lighting a) Prior to issuance of any above-grade building permit, the Applicant must provide certification to Staff from a qualified professional that the exterior lighting in this Site Plan conforms to the latest Illuminating Engineering Society of North America (IESNA) recommendations (Model Lighting Ordinance-MLO: June 15, 2011, or as superseded) for a development of this type. All

6

onsite exterior area lighting must be in accordance with the latest IESNA outdoor lighting recommendations (Model Lighting Ordinance-MLO: June 15, 2011, or as superseded). b) All onsite down-lights must have full cut-off fixtures. c) Deflectors will be installed on all proposed fixtures to prevent excess illumination and glare. d) Illumination levels generated from on-site lighting must not exceed 0.5 footcandles (fc) at any property line abutting public roads and residentially developed properties. e) Streetlights and other pole-mounted lights must not exceed the height illustrated on the Certified Site Plan. f) On the rooftop of the building, the light pole height must not exceed the height illustrated on the Certified Site Plan.

10. Site Plan Surety and Maintenance Agreement Prior to issuance of any building permit or sediment control permit, the Applicant must enter into a Site Plan Surety and Maintenance Agreement with the Planning Board in a form approved by the M-NCPPC Office of General Counsel that outlines the responsibilities of the Applicant. The Agreement must include a performance bond(s) or other form of surety in accordance with Section 59.7.3.4.K.4 [59-D-3.5(d)] of the Montgomery County Zoning Ordinance, with the following provisions: a) A cost estimate of the materials and facilities, which, upon Staff approval, will establish the surety amount. b) The cost estimate must include applicable Site Plan elements, including, but not limited to site furniture, benches, interpretive signs, bird houses, lawn games, bike racks, bike lockers, retaining walls, fences, railings, private roads, private utilities, paths, sidewalks, on-site lighting, and landscaping and associated improvements of development. c) The bond or surety must be tied to the development program, and completion of all improvements covered by the surety for each phase of development will be followed by a site plan completion inspection. The surety may be reduced based upon inspector recommendation and provided that the remaining surety is sufficient to cover completion of the remaining work. d) The bond or surety shall be clearly described within the Site Plan Surety & Maintenance Agreement including all relevant conditions and specific Certified Site Plan sheets depicting the limits of development.

11. Development Program The Applicant must construct the development in accordance with a development program table that will be reviewed and approved prior to the approval of the Certified Site Plan.

12. Certified Site Plan Before approval of the Certified Site Plan, the following revisions must be made and/or information provided subject to Staff review and approval: a) Include the stormwater management concept approval letter, development program, and Site Plan resolution on the approval or cover sheet(s). b) Add a note stating that "Minor modifications to the limits of disturbance shown on the site plan within the public right-of-way for utility connections may be done during the review of the right-of-way permit drawings by the Department of Permitting Services." c) Modify data table to reflect development standards approved by the Planning Board. d) Ensure consistency of all details and layout between Site and Landscape plans. e) Show wayfinding signage within the Property guiding visitors to I-270.

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SECTION 2 ? SITE LOCATION & DESCRIPTION Site Location The subject property is located on the east side of Century Blvd., approximately 700 feet east of the intersection with Aircraft Drive and consists of parcels G and F of Century XXI, shown on Plat No. 13750 (Attachment D), and Parcel No. P228 on Tax Map EU562 for a total of 12.1 acres ("Property" or "Subject Property") (Figure 1). The Subject Property is zoned CR 2.0 C-1.5, R-1.5, H-145T and within the Germantown Transit Mixed-Use Overlay Zone. It is located in the Town center/West End district, Core Neighborhood, of the Germantown Employment Area Sector Plan.

Figure 1 - Aerial

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