STATEMENT OF JUSTIFICATION

FOR
ADMINISTRATIVE SUBDIVISION PLAN NO. 620210100
FAES Social & Academic Center
July 1, 2021

Introduction

The Foundation for Advanced Education in the Sciences, Inc. (“Applicant” or “FAES”) hereby
submits this request to the Montgomery County Planning Director (“Director”) for the approval of
an Administrative Subdivision Plan to create a record lot from its approximately 1.57-acre property
located at 9101 Old Georgetown Road in Bethesda, Maryland (the “Property”). The Property is
currently unplatted and subject to a special exception for the operation of a private club pursuant
to Case No. CBA-916 (the “Special Exception”). FAES is in the process of modifying its Special
Exception to permit the renovation and expansion (additional 5,985 SF) of the existing structure
on the Property to better serve its members (see CBA-916-A), and it has already received a positive
recommendation for the expanded Special Exception from Hearing Examiner Derek J.
Baumgardner in his Report and Decision dated June 23, 2021. The lot creation will fulfill
Condition No. 12 set forth in the Report and Decision.

The Administrative Subdivision Plan is being filed pursuant to criteria for subdivision of
property in Section 50.6.1.A of the Subdivision Regulations (being also Chapter 50 of the
Montgomery County Code, 2017) and the development standards applicable to the Special
Exception Property classified in the R-60 Zone. In particular, the Special Exception Property is
subject to the development standards of the zoning ordinance in effect prior to October 29, 2014
(the “Prior Zoning Ordinance”) pursuant to Section 7.7.1.B.1 and Section 7.7.1.B.3.c of the
Montgomery County Zoning Ordinance.

I. Introduction and General Description of the Special Exception

Established in 1959, FAES is a non-profit membership organization associated with the

National Institutes of Health (“NIH”). It conducts advanced educational programs and supporting
activities to facilitate a collegial environment and provide educational activities and professional
services to the scientific community. Over the last six decades, FAES has grown to be a much
valued asset to the NIH community, serving not only the Bethesda Campus, but also Frederick,
Rockledge, and Baltimore, Maryland.

FAES programs complement the work of NIH in accomplishing its mission of research and
training in the biomedical sciences. Specifically, FAES’s Social and Academic Center (“SAC”)
on the Property, which is strategically located across West Cedar Lane from the NIH campus,
offers a variety of programming including conferences, classes and lectures, as well as concerts
and cultural events. This programming is typically offered on weekdays between the hours of 9
am to 9 pm; however, some special events may take place on weekends. To participate in the
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programming FAES offers, one must be a member of FAES or an invited guest. FAES currently
has approximately 40 members.

In recent years, interest in FAES’ programming has grown due to its enhanced focus on
meeting and educational opportunities for NIH scientists. The SAC, in particular, is an ideal venue
for delivering these services because it is an accessible alternative to the secure NIH campus.
Accordingly, FAES is seeking to renovate and expand the existing building on the Property to
better serve its current and future members (“Project”). FAES also seeks to engage the surrounding
community by offering meeting space and performance opportunities to its residential neighbors.

II. Description of Property and Surrounding Area

The Property is located on the east side of Old Georgetown Road at its intersection with West
Cedar Lane. It is approximately 1.57 acres (68,389 square feet) in size and is more specifically
identified as Parcel P497 (Tax Account No. 07-00437247). The Property is zoned R-60 with a
TDR-8.0 overlay zone for the potential increase in the maximum residential density, which FAES
will not be pursuing, and is within the Bethesda-Chevy Chase Master Plan (“Master Plan”) area.

The Property is currently improved with a 52-space surface parking lot and a 3,279 square foot
SAC structure that was constructed in 1927 and currently houses the Private Club Special
Exception use. The SAC is residential in appearance and is oriented towards Old Georgetown
Road. The surface parking lot separates the structure from both Old Georgetown Road and West
Cedar Lane, and the balance of the site is open space with mature trees and other vegetation.
Vehicular access to the Property is currently via two curb cuts – one along the Property’s Old
Georgetown Road frontage and the other along the Property’s West Cedar Lane frontage.
Pedestrian and bicycle access to the Property is via the recently enhanced Bethesda Trolley Trail
along the Old Georgetown Road frontage and sidewalks along West Cedar Lane.

The area surrounding the Property is zoned R-60. However, there are several non-residential
uses in the vicinity of the Property. The surrounding properties are more particularly described as
follows: 1) abutting the Property to the north is a new single family home community known as
Bethesda Mews in the R-60 zone; 2) abutting the Property to the east is the Rock Creek Mansion
(also known as the Knights of Columbus), an event facility special exception in the R-60 zone; 3)
to the south and across West Cedar Lane from the Property are the Bethesda Fire Department and
the NIH campus in the R-60 zone; 3) to the west and across Old Georgetown Road from the
Property is a single family house in the R-60 zone.

III. The Proposed Subdivision

The proposed subdivision, which is the subject of this Application, seeks to comply with
Condition No. 12 in the Hearing Examiner’s Report and Decision so the Applicant may obtain
building permits to implement the Special Exception Modification. The Application dedicates
approximately 15 feet along the Old Georgetown Road frontage (.09 acres) to accommodate the

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130-foot right-of-way that is recommended in the Master Plan for Old Georgetown Road. As a
result, the proposed lot will 1.48 acres in size.

Consistent with the Hearing Examiner’s Report and Decision, the existing SAC will be
expanded from 3,279 square feet to 9,264 square feet on the proposed lot. Property entrances will
remain in their current locations and will operate in the same manner as the existing conditions,
with a right-in/right-out driveway on Old Georgetown Road and an exit only driveway on West
Cedar Lane. The Old Georgetown Road entrance will be widened to 25 feet to accommodate
emergency vehicles. The parking area will remain materially consistent with its present condition;
however, it will contain 51 spaces and be shifted away from Old Georgetown Road to allow for
additional screening and the widening of the Bethesda Trolley Trail.

Per the data table on the Administrative Subdivision Plan, the proposed lot meets all of the
applicable development standards for the special exception use and the zone.

IV. Master Plan Compliance

The Property is subject to the guidance of the Master Plan that was adopted in 1990. Notably,
the Master Plan discourages “further special exceptions” along Old Georgetown Road and in
adjacent neighborhoods, except for special exceptions for community serving uses such as child
care, elderly care and group homes. The Master Plan accommodates, through zoning
recommendations, redevelopment of the Property into a higher density residential community, but
the Master Plan does not otherwise recommend changing the existing Special Exception use. The
Master Plan suggests enhancing the West Cedar Lane access and orienting the building away from
Old Georgetown Road. Lastly, the Master Plan seeks to mitigate noise through design,
construction and landscaping, and to maintain the residential use and scale along Old Georgetown
Road.

Per the Hearing Examiner’s findings, the Modified Special Exception is consistent with the
Master Plan in terms of the nature and appropriateness of the use. The expanded SAC will be
compatible with other adjacent uses as it maintains the residential character of the Property. The
proposed Property use enhances the vegetation along Old Georgetown Road and helps screen the
private club use from the adjacent Bethesda Mews residential neighborhood. It also
accommodates the Master Plan width of Old Georgetown, along with the widening of the Bethesda
Trolley Trail that is called for in the Bicycle Master Plan. As such, the expanded Special Exception
and the Property, to which the use is attached, is consistent with the Master Plan goals.

V. Adequate Public Facilities

The proposed lot will have essentially no impact on the area’s public facilities. From a traffic
perspective, the Modified Special Exception is exempt from Local Area Transportation Review
requirements because the expansion will generate 50 or fewer net new peak hour person trips. This
finding is set forth in the Hearing Examiner’s Report and Decision and the enclosed Special
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Exception Modification Revised Traffic Statement prepared by Nick Driban of Lenhart Traffic
Consulting. For purposes of traffic calculation, Planning Staff permitted FAES in the Modified
Special Exception to take a trip credit for the discontinuation of a practice that permitted NIH
employees to use 25 parking space on the Property. With this credit, the proposed expansion of
the Special Exception was estimated to reduce morning peak hour person tips by 10 and generate
a maximum of 26 net new person trips in the evening peak hour.

Regarding other facility impacts, FAES notes that the proposed use is non-residential and will
have no impact on local schools. The Property is served by public water and sewer and the
Bethesda Fire Department is located directly across West Cedar Lane. Police services are also in
close proximity. For these reasons, the Hearing Examiner’s Report and Decision found that the
public services and facilities will be adequate to serve the Property.

VI. Environmental Considerations

The Property is exempt from the requirements of Chapter 22A forest conservation pursuant to
Section 22A-5(q)(2) of the Montgomery County Code for modification of an existing special
exception approved before July 1, 1991. Given the age of the current development on the Property,
there are no existing stormwater management facilities on-site. Renovation of the Property will
allow for installation of full Environmental Site Design quality stormwater management controls.
Three (3) micro-bio stormwater management facilities will be installed to treat the stormwater run-
off from the parking lot, structure and other impervious surfaces. The proposed stormwater
management will also allow for the collection of stormwater run-off into a storm drain system and
reduce the surface run-off toward the Bethesda Mews community.

An extensive re-landscaping of the site is proposed to accommodate the Modified Special

Exception. Moving the parking areas back from Old Georgetown Road and West Cedar Lane will
allow additional landscape buffering/screening from the street and enhancement of the residential
character of the site. This will also enhance the pedestrian experience adjacent to the site. Lush
landscaping associated with the stormwater management facilities is proposed along with
extensive evergreen buffering on the adjacent Bethesda Mews property boundary. Additional site
landscaping around the building grounds, outdoor patio area and interior parking areas is also
proposed.

VII. Standards for Approval

Section 50.6.1.A of the Subdivision Regulations sets forth the findings the Director must
confirm in approving an administrative subdivision plan for the creation of the proposed lot. In
particular, the Director may approve a lot created for the Modified Special Exception on unplatted
parcels, if:

1. the applicable requirements for adequate public facilities under Section 4.3.J are
satisfied before approval of the plat;

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As discussed above, both the Hearing Examiner and the Applicant’s transportation engineer have
found that there are adequate public facilities to serve the proposed lot. The Traffic Statement
submitted with the Special Exception Modification (and enclosed herein) demonstrates that the
proposed use at the Property generates less than 50 net new peak hour person trips. As such, the
LATR Guidelines are satisfied. The Property is also well served by water, sewer, and emergency
services.

2. any required road dedications, or covenants for future dedications, are shown on the
record plat;

The Applicant is dedicating 15 feet of its Property frontage to satisfy the Master Plan width of 130
feet for Old Georgetown Road.

3. requirements for meeting forest conservation, stormwater management, and

environmental protection, if applicable, are satisfied before approval of the plat;

As discussed above, the Property is exempt from Chapter 22A of the Montgomery Count Code
and the Special Exception Modification will introduce stormwater management facilities, in
compliance with Chapter 19 of the County Code, where none currently exist.

4. it is located in a special protection area and all applicable special protection area
requirements and guidelines are satisfied before approval of the plat;

The Property is not located in a special protection area.

5. a landscaping and lighting plan including the parking lot layout is submitted for
Planning Department Staff approval before approval of the plat; and

These items were submitted as part of Special Exception Modification case CBA 916-A.

6. the property is the subject of an approved conditional use and all conditions of the
conditional use approval remain in full force.

The Property is subject to an existing special exception, and, per the Hearing Examiner’s Report
and Decision, is eligible for the requested Special Exception Modification in CBA 916-A, subject
to Board of Appeals approval. This approval is expected at the Board of Appeals’ July 14, 2021
workession.

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Conclusion

The Applicant certifies that the information set forth in this Statement of Justification is true,
complete, and correct to the best of its knowledge, information and belief, and hereby requests that
the subject Application be approved as submitted. Thus, the Applicant respectfully requests that
the Director grant approval of this Application, which will permit the creation of the proposed lot
in the R-60 zone.

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