THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

PERMIT REVIEW SECTION

14741 Governor Oden Bowie Drive, Upper Marlboro MD 20772.


Permit Reviewer: John J. Ferrante/Brooke Larman Wholefoods – Cafritz Prop. – Riverdale Pk

Telephone Number: 301-952-3665/301-636-2017 Permit No. 39745-2013-CGU-01

Fax Number 301-952-4141 February 28, 2014

www.mncppc.org Updated - June 24, 2014 upon receipt of Permit No. 39745-2013-CG-02

Updated June 4, 2015 for

Permit No. 39745-2013-CGU-05 (USE)

The following comments were generated from permit review. Any questions or concerns regarding the following should be directed to the reviewer at the phone number provided above.

1.  Per the Subdivision Section – HOLD – Parcel 81 was the underlying parcel designation prior to the recordation of the final plat. Please revise the permit application to identify the correct and specific parcel the Whole Foods store will be built on in accordance with the final plat, and provide the square footage of the proposed building.

Per Condition No. 30 of PGCPB Resolution 13-55, demonstrate that an HOA and Business Owners Association have been established and common areas have been conveyed to the HOA and Business Owners Association. Contact Brenda Otto at 301-952-5243 for more information concerning this comment. 4/23/2014 - OK for Parcel C and NN per DSP-13009 and MMB 234-94 - WSC.

2.  Per the Transportation Section – HOLD – Provide evidence of financial assurance for road improvements as required per Condition No. 37 of Preliminary Plan 4-13002.

6-24-2014 – This condition remains outstanding. – OK per e-mail from Faramarz Mokhtari dated 6/9/2015. In an subsequent email dated 2/23/2015, Faramarz Mokhtari with the Transportation Section stated that he is in agreement with the applicant’s assessment with regard to Condition 37 of the PPS, that no further action is required and the condition can be considered satisfied until the other CSX bridge related implementation and timing conditions are to be satisfied, all of which have specific triggers. In an email dated 6/8/2015, Faramarz Mokhtari stated that the requirements of Condition 37 of 4-13002 have been satisfactorily addressed as the applicant has permitted the said improvements with SHA and there is no indication that the required improvements cannot be properly completed.

3. Provide details and financial assurances of shuttle bus system per Condition No. 18 of Zoning Map Amendment A-10018. 6-24-2014 – Evidence that this condition has been met will be required prior to the issuance of a use and occupancy permit. 6/4/2015 – This condition remains outstanding. Evidence that the condition has been satisfied is required prior to the approval of this permit. 12-12-16 Comment Satisfied. Ok per email from Alan Hirsch and Declaration of Covenants. BEL

4. Complete construction of Maryland Avenue prior to use and occupancy permit per Condition 24(b) of A-10018. 6-24-2014 – Evidence that this condition has been met will be required prior to the issuance of a use and occupancy permit. 6/4/2015 – This condition remains outstanding. Evidence that the condition has been satisfied is required prior to the approval of this permit. 12-09-16 Comment Satisfied. Ok per email from Faramarz and Susan Lareuse. BEL

5. Demonstrate approval from CSX and UMD for construction plans for CSX Crossing prior to permit for development per Condition 26(a) of A-10018. Per e-mails dated 1/15/2014 and 3/13/2014 from Faramarz Mokhtari w/Transportation Section. Condition 26(a) only was satisfied at the time of the initial grading permit for the property, (Permit No. 27964-2013-G).

6. Provide the building number and square-footage for the package submitted. Scanned plans are not clear. 6-24-2014 – OK per DSP-13009/01 & SP-130002/01

Contact Wil Vines at 301-952-3943 for more information concerning these comments.

7. Per the State Highway Administration – HOLD – No building permits can be approved until an SHA access permit is issued. Contact Pranoy Choudhury at 410-545-8895 for more information concerning this comment. Per 4-29-2014 e-mail from Pranoy Choudhury w/SHA, all SHA roadway improvements concerning the project need to be completed prior to use and occupancy. OK– Per 6/5/2015 email from Pranoy Choudhury, the entrance work under the SHA access permit has not yet been completed for the project. SHA will rely on M-NCPPC’s Transportation Planning Section in order to determine compliance with all transportation-related conditions established by the Planning Board and District Council. In an email dated 6/8/2015, Faramarz Mokhtari stated that the requirements of Condition 37 of 4-13002 have been satisfactorily addressed as the applicant has permitted the said improvements with SHA and there is no indication that the required improvements cannot be properly completed.

8. Per the Property Address Section- Revise the permit application to show the correct address of 6621 Baltimore Avenue. Contact Marty Grigsby at 301-952-5597 for more information concerning this comment. 3-6-2014 – The revised permit application (39745-2013-CG-02) has the wrong street address referenced on it. The address should be shown as 6621 Baltimore Avenue (not 6601 Baltimore Avenue). 7/24/2014 – OK – the address has been corrected.

9. Per the Urban Design Section – HOLD - Please address the following comments;

a) It appears that numerous plans that were submitted would not apply to the subject permit application. Once the limits of the permit application is further clarified by providing an LOD, this can be further determined. Please submit only the applicable sheets of the approved DSP/SP that are necessary for this building permit. For this permit, and all future permits for this property, please add a limits of disturbance line (LOD) that clearly shows the proposed limits of construction.

b) Per a February 11, 2014 meeting with Susan Lareuse with the Urban Design Section, the following sheets of the approved DSP/SP would need to be submitted for this permit application;

Site Plans - A0001, A0001(a), A0002 thru A0006, A0010, A0014, A0016.

Landscape/Hardscape/Lighting Plans - L0-00, L1-04, LI-14

L2-02, L2-03, L3-01, L3-03 thru L3-07, L4-01, L5-01, L6-04

Architecture - 3A-300 (Building 3 Elevations), IHS-1 thru HIS-5 (Icehouse)

Type-2 Tree Conservation Plan - All Sheets

c) Provide evidence that the subject permit application has been approved by the M-U-TC Committee.

d) The total height and square footage of the proposed building that is shown on Sheet A010 of the approved DSP/SP does not match the height and square footage that is listed in the Building Schedule on Sheet A001. Please revise the Building Schedule table to provide the correct height and square footage of the proposed building.

Contact Susan Lareuse at 301-952-4277 for more information concerning these comments. 6-24-2014 – OK per DSP-13009/01 & SP-130002/01. The prior approved rough and fine grading permits (27964-2013-G & 2996-2014-G) reflected the required LOD. The submitted plans include the approval stamp from the M-U-TC Committee. 6/4/2015 – See comment 7 above. The DSP was recently revised and copies of the 04 revision need to be submitted for this permit. 12-13-16 Comment Satisfied. Ok per 04 DSP and SP plans submitted. BEL

10. Per the Historic Preservation Section – HOLD – Please demonstrate compliance with Condition 24 of PGCPB Resolution 13-55 for Preliminary Plan 4-13002. Contact Jennifer Stabler at 301-952-5595 for more information concerning this comment. OK per 3/18/2014 e-mail from Jennifer Stabler. Condition 24 of PGCPB Resolution No. 13-55 (4-13002) has been fulfilled.

11. Per the Historic Preservation Section – HOLD - Prior to approval of a final use and occupancy permit for Parcel C, the applicant shall install the on-site commemorative/interpretive features for the ice house and complete other agreed-upon outreach and education measures in accordance with Condition 7 of DSP-13009. Please provide documentation that demonstrates compliance with this condition. Contact Jennifer Stabler at 301-952-5595 for more information concerning this condition. 12-09-16 Comment Satisfied. Ok per email from Jennifer Stabler. BEL

12. Several revisions were made to Building 3 thru the approval of DSP-13009-04 on December 18, 2014. Two hard copies and one disk of approved DSP-13009-04, stamped by the M-U-TC Committee, will need to be submitted for this permit application. Only the site plans, landscape plans, and architectural elevations that specifically pertain to Building 3 need to be submitted.

If any of the building plans prepared by MVA Architects and approved by the M-U-TC Committee, (that are not part of the approved DSP), were revised in conjunction with the recent DSP revision, they should also be submitted for this permit application. The revisions that were made to Building 3 thru the approval of DSP-13009-04 included the following:

BUILDING 3:

1. Adding a 644 square foot vestibule for the Whole Foods Market required by code for both ingress and egress for an area that was previously proposed to be covered by a roof and enclosed on the north, south and east sides, but open on the west side.

2. Move a service door from the south elevation to the east elevation, to accommodate the tenant fixture plan; and

3. Add (4) windows to the east elevation, to add natural light to offices and an employee area in the rear of the building.

The following revisions were made to the Icehouse which is also located on this parcel:

ICE HOUSE:

1. Grading around the Ice House is revised to slope toward Van Buren Street instead of away from the street for increased visibility and access to the interpretive plaques on the Ice House; and

2. Concrete steps and a low retaining wall are added south of the Ice House, as a consequence of the grading noted above. 12-13-16 Comment Satisfied. Ok per 04 DSP and SP plans submitted. BEL

13. Per Condition 12 of Zoning Map Amendment A-10018, the Rhode Island Avenue hiker/biker trail portion of the right-of-way shall be completed and open to the public prior to issuance of the third building permit. Please provide evidence of the trail completion.

Per Condition 2 of DSP-13009, the Rhode Island Avenue hiker/biker trail, and associated interpretive/commemorative features, shall be completed per the approved design plans and open to the public prior to issuance of the third building permit. Please provide evidence of the trail completion.

4/27/2015 – This comment remains outstanding. At this time, two building permits have already been approved for the property. Permit No. 28764-2014-CG-02 was approved on February 24, 2015 for Building No. 2, and Permit 39745-2013-CG-02 was approved on July 24, 2014 for Building No. 3. Evidence that the trail has been completed and open to the public is required prior to the approval of the third building permit. 6/4/2015 – OK - After the time this comment was initially made, additional building permits were approved for Buildings 1 and 4, and conformance with this condition was established prior to those approvals. Per an email from Alan Hirsch dated 5/5/2015, the trail was opened to the public and subsequently closed based on safety and welfare concerns. As such, conformance has been met and permits may be released. Conformance with Condition 14(c) of Preliminary Plan 4-13002 has also been established. The posting of the interpretive/commemorative features will occur prior to the final inspection of the trail and the release of the bonds.

02/19/2014 – Notified Sherri Humphrise in person that I was waiting for a legal issue to be determined concerning the need for all building permits to be approved by the M-U-TC Committee prior to releasing the permit comments for this application.

02/24/2014 – Emailed Dani Radoye and informed her that I was still waiting for a legal issue to be worked out prior to finalizing the permit comments. The need for M-U-TC Committee approval is still being discussed between our Legal Department and the applicant’s attorney, Larry Taub.

02/25/2014 - The Legal Department has determined that approval from the M-U-TC Committee is required prior to the approval of a building permit.

02/28/2014 - Permit Comments were emailed to Dani Radoye w/R. Permit Service LLC at .

02/28/2014 - Susan Lareuse e-mailed the permit comments to Sara Imhulse, Town Administrator for The Town of Riverdale Park at .

03/04/2014 – Debbie Gallagher, Supervisor, of The Permit Review Section, e-mailed Sara Imhulse, Town Administrator for The Town of Riverdale Park, informing her that once the application is approved by the M-U-TC Committee, an approval letter and a set of stamped plans by the Committee will need to be submitted to the M-NCPPC Permit Review Section.

4/15/2014 – I spoke to Larry Taub concerning the permit comments. He will be submitted evidence shortly to demonstrate that an HOA and Business Owners Association has been established and that the common areas have been conveyed to the HOA and Business Owners Association in order to address Condition No. 30 of PGCPB Resolution 13-55. He intends to follow up with Brenda Otto with the Subdivision Section concerning this issue to ensure that the documents are acceptable to her. -JJF

4/15/2014 – An e-mail was received from Larry Taub (addressed to Brenda Otto w/Subdivision Section) containing information relating to the establishment of the required HOA and Business Owners Association, and the conveyance of the common areas to the HOA and Business Owners Association in order to address Condition No. 30 of PGCPB Resolution 13-55. The attached documents were; 1) HOA Articles of Incorporation, 2) Homeowners & Commercial Association Deed Recordation, and 3) Commercial Association Articles of Incorporation.

4/16/2014 - An e-mail was received from Larry Taub (addressed to Whitney Chellis and Brenda Otto w/Subdivision Section) which included the following attached document; 1) Recorded HOA Declaration of Covenants.

4/16/2014 - An e-mail was received from Larry Taub (addressed to Whitney Chellis and Brenda Otto w/Subdivision Section) which included the following attached document; 1) Recorded CA Declaration of Covenants.

6/23/2014 – Met with Mary Giles w/DPIE to discuss the status of the permit application.

6/24/2014 – Faramarz Mokhtari w/Transportation Planning Section and I had a conference call with Larry Taub to discuss the status of the permit application and the remaining transportation condition (Condition 37 of Preliminary Plan 4-13002) that needs to be addressed before the CG permit can be approved. - JJF

6/24/2014 – Spoke with Tim Davis w/Soltez concerning the need for the current site plans to be submitted for the property. Two hard copies and one disk of DSP-13009/01/SP-130002/01 and the approved TCP-2 will need to be submitted for this application. - JJF