CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

 

DECEMBER 3, 1999

 

 

SUBJECT:

 

            Variance Application APP99-0720

 

            Applicant:         Plaza 270 Associates

                                    c/o Norman Tayler

                                    1411 West Montgomery Avenue  

                                    Rockville, Maryland 20850

 

            Property

            Owner:             Same As Above

 

            Property

            Location:            1600/1650 Research Boulevard, Rockville, Maryland 20850

           

            Planning Commission Review Date: December 8, 1999

            Board of Appeals Public Hearing Date: January 15, 2000

 

PREVIOUS RELATED ACTION:

 

Use Permit U-95-78, Norman Tayler, a proposal to construct a 160,000 square foot, two (2) phased office building on proposed Lot 11 of the National Capital Research Park in the I-3 zone.  Approved by the Director of Planning on August 16, 1978.

 

Variance Application A-90-79, Plaza 270 Associates, a zoning variance of 8 feet from the 50 feet setback requirement that on-site parking spaces are to maintain from public street rights-of-way in the I-3 zone.  Approved by the Board of Appeals on October 6, 1979.

 

Variance Application A-179-83, Plaza 270 Associates, a zoning variance of 50 feet from the 100 feet front yard setback required in the I-3 zone, to construct a one-story parking deck in the northern area of the subject property.  Approved by the Board of Appeals on September 10, 1983.

 

Use Permit Amendment U-95-78, Plaza 270 Associates, a proposal to construct an access ramp from the parking deck of Lot 16, National Capital Research Park, to the west parking lot on Lot 11.  Also, reconfiguration of the west parking lot on Lot 11 to insure number of parking spaces approved under original Use Permit U-95-78 were maintained.  Amendment approved by the Chief of Planning on December 2, 1988.

 

 

REQUEST:

 

The applicant wishes to construct an office building-addition and parking structure on the existing office property at the above noted location.  In accordance with Section 25-311 of the City’s Zoning Ordinance, the applicant seeks a zoning variance of 100 feet from the “aggregate” 200 feet side yard setback requirement of the I-3 (Industrial Park) zone.  The variance is requested in order to construct and site the proposed parking structure in the north side yard area of the site, approximately 20 feet from the north side yard lot line (See Exhibit “2”).

 

STAFF RECOMMENDATION:

 

Approval is recommended subject to the following conditions:

 

·        The site must be developed in substantial accordance as represented in the subject application request and accompanying development proposal, e.g., the height of the building structures and their site placement/location.   

 

·        Trees and other vegetative materials removed to accommodate the construction of proposed site and building improvements must be replaced in accordance with requirements of the City’s Forest and Tree Preservation Ordinance. 

 

·        Construction must meet the requirements of the city's construction codes, state of Maryland accessibility code, and federal American with Disabilities Act (ADA) requirements, and other applicable code and ordinance requirements.

 

·        A new record plat must be submitted for Planning Commission approval, consolidating the subject site and neighboring Lot 16, both of which are owned by the applicant.  The property consolidation must be completed prior to the issuance of a use permit for the proposed office building and parking structure, herein shown on Lot 11.  Note, if the subject lots are not officially consolidated under one record plat, zoning variances from the rear yard setback and lot coverage requirements of the I-3 zone would be required in order for the office building addition and parking structure to be constructed as proposed.  

 

ANALYSIS:

 

Property Description

 

The subject property (Lot 11) is approximately 8.3 acres in size, located on the south side of Research Boulevard, and is approximately 1,300 feet northwest of the Md. Route 28 and Research Boulevard intersection.  The property is currently developed with a four-(4) level office building which is approximately 160,000 gross square feet in size.  The property currently has both surface and structured parking facilities, which provide a total of 627 on-site parking spaces.  The subject property also shares inter-parcel access with the neighboring Lot 16 to the south, which is also improved with a four (4) level office building (See Exhibit “2”).  The applicant of the subject application request is the owner of both properties, i.e., Lot 11 and 16.  The properties are located in the industrial park subdivision, known as the National Capital Research Park. The property is well landscaped and contains any array of mature trees and other vegetative materials, all ranging in species and size.  The site’s topography ranges from flat to gentle and pronounced sloping.  The site’s surface elevations along the property street frontage is substantially higher they the site’s side and rear yard areas, thus causing the site to slope in a north-south direction.  Vehicular access to the property is currently provided via duel site entrances onto Research Boulevard and via Route 28 through neighboring Lot 16.   

 

Application Request & Project Proposal

 

The applicant proposes to a construct a four (4) level office building addition which will be approximately 70,800 square feet in size and a three (3) level 83,500 square feet parking structure, all attached on the southeast corner of the existing office building located on the subject property (See Exhibit “2”).  It is important to note that the proposed new office building addition is not subject to this application request.  However, in order to construct and site the new parking structure as proposed, located within 20 feet of the north side yard lot line, the applicant seeks approval of the side yard setback variance as submitted.   

 

In accordance with Section 25-311 of the Zoning Ordinance, building structures located in the I-3 zone are required to maintain a minimum side yard setback of 75 feet, with an aggregate total of 200 feet for both side yard setbacks.  The existing office building is currently setback approximately 80 feet from the southern side yard lot line.  Thus, any future building structure or additions that would be located proximate to the northern side yard lot line is required to maintain a minimum setback of 120 feet.  The applicant’s proposed parking structure as sited, at its closest point, would be located approximately 20 feet from the site’s north side yard lot line, requiring the applicant to seek a setback variance of 100 feet from the afore noted setback requirement.    

 

While not the subject of this application request, it is also important to note that in order for the applicant to construct the proposed parking structure and accompanying office building addition as planned, both the subject site (Lot 11) and neighboring Lot 16 must be formally consolidated.  The applicant has informed staff that it is their intent to seek such a consolidation.  This would eliminate the existing rear yard lot line that now formally separates the subject sites and also provide the acreage needed to accommodate the added site coverage proposed under the applicant’s building proposal as submitted.  If the lots are not consolidated under a single record plat, the proposed building improvements could not be constructed as planned, unless the applicant were to pursue and be granted zoning variances from the rear yard setback and lot coverage restrictions of the I-3 zone.  The proposed parking structure and office building addition as sited, directly abut or will be located several feet from the rear lot line of Lot 11.  

 

 

 

 

Applicable Section of the Zoning Ordinance & Staff Assessment

 

Section 25-1 of the ordinance defines a variance as “a modification only of the density, bulk, or area requirements, where owing to conditions unique to the property and not the result of any action taken by the applicant a literal enforcement of the ordinance would result in practical difficulty.”

 

After review and analysis of the application request and accompanying development proposal, staff offers the following assessment: 

 

1.  The variance as requested will not be contrary to the public interest.  The new parking structure as proposed would be located in the rear area of the site.  As located, the structure would be buffered along its northern side by an existing stream valley, which physically separates the subject site and the neighboring property.  While the new parking structure is located relatively close to the stream valley, which is also floodplain, the structure does not physically encroach into the limits of the floodplain.  If the requested variances are granted and the project proceeds to the use permit stage, the applicant will be required to comply with both the City’s Environmental Guidelines and Forest & Tree Preservation Ordinance.  At that stage in the development process, it will be determined what site mitigation efforts will be required of the applicant to offset potential adverse environmental impacts the proposed construction and placement of the building in this area of the site might have on the abutting stream and floodplain.  Such mitigation efforts required of the applicant could include, but not be limited to stream stabilization and restoration improvements, upgrading or retrofitting the site’s quality control facilities that now treat stormwater runoff generated by the site, the planting of new trees and other vegetation in and around the stream valley, etc.  

 

Due to the sloping topography of the site, the proposed parking structure will not be readily visible from the site’s street frontage.  The site is heavily landscaped and contains a variety of mature trees.  The presence of these mature trees will also serve as natural screening to mitigate the visual presence of the structure on site.  Also, as previously noted, the surface elevation of the rear area of the site where the proposed parking structure will be located is substantially lower than that of the front area of the property.   The structure’s proposed rear area site location, coupled with the presence of the abutting stream valley along the site’s northern side yard lot line and substantial distance that it will be located from any neighboring buildings, limit possible adverse impacts on neighboring properties. 

 

2.  The variance is requested owing to conditions peculiar to the property and not the result of any actions taken by the applicant.  The shape and size of the property are physical characteristics deemed to be unique and are not the result of any actions taken by the applicant.  The configuration of the property, along with the site’s existing layout also serve to limit where the proposed parking structure and new office addition can be constructed on site.    It is also evident that the shape of the property, coupled with the sloping topography of the site area, determined the manner in how the site was originally developed.  The southeast corner of the neighboring property to the north (Lot 12),  has a rear lot line which is triangular in configuration.  It protrudes and creates a point, near the area of the applicant site’s side yard lot line, directly across from  the area where the proposed parking structure would be located.  Such odd lot line configurations, in that area of the two properties also  makes it impractical for the applicant to maintain a 200 foot aggregate side yard setback on the subject property (See Exhibit “2”).  It is primarily these physical site characteristics that now serve to constrain the placement of the site building improvements the applicant now proposes. 

 

3.  A literal enforcement of the Zoning Ordinance would result in practical difficulty for the applicant.  If the requested variance is not granted to allow the parking structure to be sited as proposed, the project cannot proceed as planned.  The scale and size of the proposed office building addition would have to be substantially reduced to allow a parking structure to be redesigned so that it complies with the required 120-side yard setback requirement.  Such a redesigned structure may not be large enough to provide the number of parking spaces needed to accommodate the proposed office building expansion. These project considerations are left to the applicant and are not easily examined under the information provided in this application request. 

 

Based on all of the afore noted factors, staff finds reasonable justification to recommend Variance Application APP99-0720 be approved subject to the conditions referenced on pages one and two of this staff report. 

 

COMMUNITY NOTIFICATION PROCESS

 

Notification cards were sent to 177 property owners within the subject site area, informing them of the application request and pending Planning Commission meeting and Board of Appeals public hearing, where the request will be publicly heard and considered.  A list of addresses is contained in the project's application file for public review and inspection.

 

List of Attachments:

Exhibit “1” ­ Proposed Elevation Drawing

Exhibit “2” ­ Proposed Site Plan