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CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
JANUARY 15, 1999
SUBJECT:
Special Exception Application SPX98-0275
Applicant: Eastern Diversified Properties Inc.
c/o George D. Noell, President
9020 Lanham, Maryland 20706
Counsel: Larry Gordon, Esquire
Wilkes, Artis, Hedrick & Lane
Bethesda Metro Center, Suite 800
Bethesda, Maryland 20814-5329
Property Location: 15625 Frederick Road, Rockville, Maryland 20850
Planning Commission Review Date: January 27, 1999
Board of Appeals Public Hearing Date: February 6, 1999
PREVIOUS RELATED ACTION:
REQUEST:
In accordance with Section 25-339(c) of the City of Rockville Zoning Ordinance, the applicant seeks approval to modify previously approved Special Exception SPX97-0250, which permitted
the subject property to be developed for "outdoor motor vehicle sales, accessory to indoor motor vehicles sales," within the C-2 (General Commercial) zone.
STAFF RECOMMENDATION:
Approval is recommended subject to the following conditions; it must be noted that the below listed conditions include those imposed by the Board of Appeals in its previous approval of Special Exception SPX97-0250, which are also applicable to the subject request (See Attachment "D").
1. The business use must be operated in substantial accordance with the descriptions and representations set forth in the subject special exception request and development proposal. Note, this includes no use of an external intercom/public address loud speaker system in the operation of the business.
2. The Zoning Ordinance does not list a specific parking requirement for the land use category of "outdoor motor vehicle, accessory to indoor sales." The applicant must revise the parking tabulation on the site plan to reflect current parking standards which are deemed to be appropriate to said land use, e.g., automobile rental, automobile repair/garage, and retail sales (ref. Sections 25-395(a)(4), (30), & (40).
3. Landscaping in the amount of two and one-half (2 1/2) square feet per parking space shall be provided where forty (40) or more spaces are required/provided (ref. Section 25-417 of the Ordinance).
3.a. During the project's use permit stage the applicant will be required to install additional low growth plantings in and around vehicle inventory parking areas. Additional planting's and streetscape may be required, including incorporation of earthen berms, along the site's street frontage in addition to the plantings proposed in the subject application request.
4. The subject site must be developed in compliance with applicable requirements of the City's Forest and Tree Preservation Ordinance, i.e., afforestation and reforestoration, site landscaping, on and off-site planting requirements, approved forest conservation plan, etc.
5. Vehicle repair or dismantling shall not be permitted outside of the service building. No dismantled, partly dismantled or wrecked motor vehicles or trailers shall be parked outside of an enclosed structure. Display of banners, pennants or flags for purposes of advertising is prohibited (ref. Section 25-366(b) of the Ordinance).
6. Ingress "only" shall be permitted from Md. Route 355 onto the subject property.
7. The applicant shall dedicate in an amount to be determined by the City and Montgomery County Department of Public Works and Transportation (MCDPW&T), up to four (4) feet of right-of-way (r/w) along the site's frontage on Indianola Drive, for the installation of a fourth (4th) approach lane to Md. Route 355.
8. The applicant shall construct sidewalks along the site's full street frontages on Indianola Drive, Md. Route 355, and Paramount Drive, in conformity with the standards of Montgomery County, Maryland. Note, existing sidewalk on Indianola Drive must be removed and new sidewalk installed outside of r/w area where fourth approach lane would be constructed.
9. The applicant shall make improvements or pay the costs of making the improvements deemed necessary by the City and the State Highway Administration (SHA) for "calming" the right exit lane onto Paramount Drive from northbound Md. Route 355.
10. The applicant shall, in the manner determined by the City and MCDPW&T reduce the crest in Paramount Drive up to one (1) foot, along the frontage of the subject property thereon or pay the costs of reducing such crest.
Note, the applicant may be responsible for additional traffic mitigation improvements at the project's use permit stage, as may be determined by the appropriate agency having jurisdiction over such improvements.
11. Delivery, unloading, and/or loading of vehicles from truck carriers in or along any of the site's frontage on public roadways is strictly prohibited. All such unloading/loading activity must be done on-site. Said deliveries may not be made after 11:00 p.m. and before 7:00 a.m.
12. The following note should be added under the general notes of the special exception site plan: "All construction must meet the requirements of the city's construction codes, fire code, life safety code, state accessibility code, and federal requirements of the American's with Disabilities Act (ADA)."
13. Proposed site light facilities shall be installed and arranged to prevent light spillage onto adjacent properties, not distribute occupants of nearby residential properties, or create glare that interferes with the movement of traffic.
ANALYSIS:
Property Description
The subject property is located on the east side of Frederick Road, bound on the south by Indianola Drive and northwest by Paramount Drive (See Exhibits "1 & 2"). The property is currently undeveloped and approximately 5.5 acres in size. The site is bound to the north by an existing automobile filling station and fast food restaurants, to the east by a construction business with accompanying storage yard and vehicle recovery storage lot, to the south by light industrial uses, a vehicle rental business, automobile dealership's and west (across Route 355) by the newly developing King Farm "comprehensive planned development" community. It is important to note that unlike in May of 1997 when the previously approved special exception was approved, today there are residential condominiums constructed on the King Farm, across from the subject property. Also, at present time "garden apartment" buildings are under construction on the King Farm, abutting the existing condominiums.
The topography of the site ranges from flat to sloping. The site contains sparse vegetation, comprised primarily of scrub undergrowth and a number of mid size to large trees, of varying species. At present time the site has vehicular access via Indianola Drive.
Previously Approved Project Proposal
The applicant (Eastern Diversified Properties Inc.) submits the subject special exception, seeking approval to modify previously approved Special Exception SPX97-0250. Said special exception was approved by the Board of Appeals on May 3, 1997, allowing the subject property to be improved and developed for the operation of an automobile dealership, e.g., outdoor and indoor sales of motor vehicles. In conjunction with vehicle sales, the (then) planned automobile dealership was to provide vehicle repair and maintenance services, and sell auto parts and accessories. As per the previously approved site development proposal, the applicant planned to construct three (3) automobile showroom buildings, each containing ancillary office space was to be constructed. These buildings collectively comprised approximately 17,100 square feet of floor space. The showroom buildings were to be located in the southern area of the site, fronting Frederick Road and Indianola Drive. The automotive service building proposed under the previously approved special exception request, was approximately 47,410 square feet in size. The service building was designed to house the service repair and parts departments, paint and body shops, and auto wash and prep areas. The building as then designed had rooftop parking facilities to accommodate 120 vehicles. The service building was to be located in the upper northeast section of the site fronting Paramount Drive. Under the site development proposal, a total of 735 on-site parking spaces were to be provided at the time of site build-out, with 301 of those spaces allocated for employee and customer parking. In addition to the existing entrance on Indianola Drive, new vehicular entrances were to be installed on both Paramount Drive and Frederick Road. The applicant's planned hours of business operations were Monday thru Friday 7:00 a.m. to 10:00 p.m., Saturday 8:00 a.m. to 10:00 p.m., and Sunday 11:00 a.m. to 7:00 p.m.
Subject Request & Project Proposal
The applicant now submits the subject special exception; a proposal to modify previously approved SPX97-0250. The subject request is a proposal to alter the proposed site development layout and reduce the size and scope of the dealership's operation, as proposed and approved under previously approved SPX97-0250. Under the current request there will be one (1) two-story showroom building in lieu of the three (3) showroom buildings proposed on the previously approved dealership proposal (See Exhibits "2 & 4"). The proposed service building has also been redesigned under the subject request. The proposed body shop and paint shop components of the facility, along with the proposed rooftop parking facilities have all been eliminated. Due to redesign of the proposed building facilities, coupled with a reduction in the level of business services to be provided to customers, a total of 624 on-site surface parking spaces will be provided. Of that total, there will be 64 spaces provided for the proposed showroom facility, 159 for the service building operation, 51 spaces for employees, and 350 spaces for vehicle inventory. Note, as a condition of approval staff recommends the proposed parking calculation (as shown on site development plan) be recomputed, using current parking standards as per Section 25-395(a)(4), (30)a., and (40) of the Zoning Ordinance.
As in the applicant's previously approved proposal, the proposed showroom building facility will be located in the southern end of the site fronting Frederick Road and Indianola Drive. The vehicle service building facility will be located in the northern end of the site. The service building will contain 47 mechanical service stalls, customer service area, an auto parts sales counter, general storage area, and a small car wash for vehicle preparation only. Surface parking facilities will be provided for employee and customers, vehicle rental, inventory, and storage throughout the site. The property will be landscaped in accordance with requirements of the Zoning Ordinance and Forest and Tree Preservation Ordinance.
Vehicular access to the property will be via single site entrances on Indianola Drive and Frederick Road. Due to traffic safety concerns as raised by the State Highway Administration, the proposed site entrance on Frederick Road will be for site ingress (i.e., entry) only. There are three (3) vehicular entrances to be installed along the site's frontage on Paramount Drive. These site entrances are designed primarily to accommodate and facilitate the delivery of vehicles by large semi-trucks with trailers, customer access to the service repair and auto parts building facility, and on-site employee-customer parking facilities. Also, due to concerns about the speed at which vehicle turning right onto Paramount Drive from north bound Route 355, coupled with the presence of site entrances on Paramount Drive, staff continues to recommends the applicant reduce the crest in the street, along the entire site frontage. This frontage improvement should serve to increase the site distance for drivers turning onto Paramount Drive from Route 355, thus clearly denoting the presence of the new proposed site entrances.
Applicable Section of the Ordinance & Staff Analysis
In accordance with Section 25-338 of the City of Rockville Zoning Ordinance, the Board of Appeals shall not grant any petition for special exception unless it finds from a preponderance of the evidence of record that:
1. The proposed use does not violate or adversely affect the Master Plan, the Zoning Ordinance or any applicable law; and
The subject property is zoned for C-2 (General Commercial) land usage and is so designated by the Master Plan. As per the ordinance "the purpose of the C-2 zone is to provide a wide range of retail uses, services, and commercial activities proximate to certain arterial highways providing access to the City and provide office space for private, quasi-public, and public uses." The planned site use is commercial and will be proximate to a state arterial highway, thus consistent with the intent of the C-2 zone. Based on the development proposal as submitted, the subject request conceptually complies with applicable requirements of the Plan and the Ordinance. When the Board of Appeals approved the former special exception request on May 3, 1997, the subject property had not yet been formally annexed into the City from Montgomery County. However, the subject property was later annexed in accordance with state law and assigned the City's C-2 zoning classification on May 27th 1997, by the Mayor and City Council. While the subject site proposal represents a modification of previously approved SPX97-0250, the proposed changes are not substantive. The planned automobile dealership will operate in a manner similar to other such business uses, e.g., sell and service of motor vehicles. Thus, the request as submitted will not violate or adversely impact the plan.
A special exception land use is appropriate in a given zone if it can be demonstrated that the use will not impact the use or operation of neighboring land uses. If the property is improved as proposed and traffic mitigation efforts implemented as identified by staff, the use as now proposed does not violate any known requirements of the Ordinance.
2. The proposed site use at the selected location will not: a) Adversely affect the health and safety of residents or workers in the area; or b) Overburden existing public services, including water, sanitary sewer, public roads, storm drainage and other public improvements; or c) Be detrimental to the use or development of adjacent properties or the neighborhood; or d) Change the character of the neighborhood in which the use is proposed, considering services currently required, population density, character, and number of similar uses; and
The subject property has frontage on Md. Route 355, a six-(6) lane divided arterial roadway, and frontage on two (2) public County roadways, i.e., Indianola Drive and Paramount Drive. In order to develop the subject site as planned, it will be the responsibility of the applicant to make all necessary site frontage improvements, as determined by the State Highway Administration (SHA), Montgomery County's Department of Public Works and Transportation (MCDPW&T), the City's Department of Public Works, and the Community Planning Division. Said improvements may include but not be limited to dedication of public rights-of-way (r/w), roadway widening, modification of site are street intersection signal lights, installation of sidewalk, etc. With appropriate traffic mitigation, the planned site use should not pose a health or safety risk to persons working, living, and/or patronizing other businesses within the site area.
The subject undeveloped property is not currently served by on-site public utilities. The property is located in the Washington Suburban Sanitary Commission (WSSC) service area. There are existing water and sewer lines located in the respective abutting streets, requiring that the lines be extended onto the site to serve the planned site development. The applicant would be responsible for the cost incurred in providing these and other utilities needed to services the site, such as gas, electric, and telephone. To insure vehicular traffic generated by the planned site use does not adversely impact or alter traffic flow movements within the site area or overburden public roadways, a combination of roadway and site frontage improvements will be required.
In its review and approval of previously approved SPX97-0250, the Board of Appeals acknowledged that conditions of approval associated with its decision did not exempt the applicant from further traffic mitigation improvements, as may be identified during the project's "use permit" review stage. With appropriate roadway and site frontage improvements, coupled with other traffic mitigation efforts (as suggested by staff), the Board determined that vehicular traffic generated by the (then) planned site use, would not overburden or greatly reduce the service capacity of site area roadways. Under the subject request, the total amount of building square footage initially approved has been reduced and a number of customer services eliminated. Staff feels that the proposed modifications to the site proposal insure the use will not generate a greater number vehicle trips than those projected under the initial site development proposal.
As submitted, the planned site use is in keeping with the Board's previous finding that the use as planned site use will not be detrimental to the use or development of adjacent properties. The King Farm "comprehensive planned development - CPD" community to the west, contain the only residential land uses located within immediate proximity of the site. The King Farm will be a mixed-use community, made up of residential, institutional, office, and neighborhood retail land uses. As a condition of approval, staff has recommended that proposed site lighting be installed in such a manner that it does not create light spillage onto surrounding land uses. Staff has also recommended that the business may not use a loud speaker or public address type system in the operation of the proposed automobile dealership. This should serve to limit the amount of adverse noise/sound generated by the site use. With the exception of the abutting property to the east, all other neighboring properties are developed with commercial and light industrial land uses. Based on land uses patterns within the site area, the planned site use will not change the character of the area. In addition to the mix of non-residential land uses located along the Frederick Road corridor, there are several automobile dealerships located to the north and south of the subject site. Thus, the use as proposed would be consistent with the land uses found within the subject site area.
Since the subject site is bound on the north, east, and south by properties located within Montgomery County that are not subject to city zoning requirements, it is difficult to determine the likelihood of the proliferation of similar land uses within the subject site area. While the planned land use is allowed within the City's C-2 zone by grant of special exception, said land use is allowed on neighboring County I-1 (Light Industrial) zoned properties as a permitted land use. It is important that the City and County must work jointly to insure that similar land uses hoping to locate within this area of the City/County, do not overburden area roadways or be adverse to the public health, safety, and welfare of persons working and living in the area.
Since the subject property has frontage on a state road and on two (2) county public streets, it is anticipated that maintenance and repair responsibility of the abutting public roads will be coordinated between respective city, county, and/or state agencies (where applicable). Staff finds that existing and planned area roadway improvements should insure that traffic circulation within the overall site area will be efficiently and safely accommodated. There is not evidence the site use would represent a nuisance or safety hazard to neighboring properties, if petroleum, gasoline, vehicle batteries, and other hazardous products and materials stored and sold by the proposed automobile dealership are done so in accordance with applicable federal, state, and local regulations.
3. The proposed use complies with all requirements of the ordinance that are applicable thereto.
The subject request is submitted in accordance with Section 25-296 & 339(c) of the Ordinance. Staff finds that the subject application request at this preliminary stage in the land use and development review process complies (in concept) with all known requirements of the Ordinance.
In addition to the afore noted standards for approving special exception request, per Section 25-366(b)(1) & (2) of the ordinance, the following special development and use restrictions apply to the proposed site use: a. No repairs or dismantling shall be permitted outside of a closed structure, b. No dismantled, partly dismantled or wrecked motor vehicles or trailers shall be parked outside of an enclosed structure, and c. Display of banners, pennants or flags for the purpose of advertising is prohibited.
As affirmed in previously approved SPX97-0250, the applicant notes that repair or dismantling of vehicles will not be permitted outside the service building nor will partially dismantled or wrecked vehicles be parked outside of an enclosed structure. Lastly, there will be no outdoor display of banners, pennants or flags for advertising purposes.
Based on all of the afore noted factors, staff finds suitable justification to recommend Special Exception Application SPX98-0275 be approved, subject to the conditions as referenced on pages two and three of this staff report.
COMMUNITY NOTIFICATION PROCESS:
Notification cards were sent to abutting property owners informing them of the application request and pending Planning Commission review and Board of Appeals public hearing, where the subject request will be publicly heard and considered. Notices were sent to 20 property owners located within the subject site area. A list of addresses is contained in the project's application file for public review and inspection.
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Attachments
Attachment "A" - Comparison of Approved & Proposed Use
Attachment "B" - Engineering Report
Attachment "C" - Authorization Letter
Attachment "D" - SPX97-0250 Approval Letter
Exhibit "1" - Natural Resources Map
Exhibit "2" - Proposed Site Plan
Exhibit "3" - Proposed Landscape Plan
Exhibit "4" - SPX97-0250 Site Plan
Exhibits "5 & 6" - Showroom Building Elevation & Floor Plan
Exhibits "7 & 8" - Service Building Elevation & Floor Plan