CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

 

December 2, 1999

 

SUBJECT:

 

Text Amendment Application TXT1999-0178

 

Applicant:                     Fallsgrove Associates

                                    8381 Old Courthouse Road, Suite 160

                                    Vienna, Virginia  22182

 

Date Filed: October 20, 1999

 

Public Hearing Date: January 18, 2000

 

REQUEST:

 

The subject Text Amendment application proposes to modify Sections 25-643 and 25-648 of the Zoning Ordinance relating to Comprehensive Planned Development (CPD).

 

STAFF RECOMMENDATION:

 

Approval of modified Text Amendment as described later in the report.

 

BACKGROUND:

 

The Comprehensive Planned Development procedure was created to implement the zoning and land use recommendations contained in the Planning Area 12 Neighborhood Plan (Westmont, now known as Tower Oaks).  The regulations were added to the City Zoning Ordinance in 1985, at which time the O-3 (Restricted Office) Zone was also created.  The CPD regulations have been amended several times since originally adopted.  Permitted uses within the Comprehensive Planned Development Special Development Procedure are delineated in Section 25-643 of the Zoning Ordinance, which establishes the standards and procedures required to develop a CPD.  Permitted uses are normally articulated in the Table of Uses found in Section 25-296 of the Ordinance, which spells out the permitted and special exception uses permitted by zone in the City.  Uses within CPDs are likely delineated differently from this convention because CPDs may occur where designated in the Master Plan and which may be in different zones.

 

PROPOSAL:

 

The applicant proposes the following changes to the Sections 25-643 and 648 of the Zoning and Planning Ordinance, as follows:

 

·        To amend Section 25-648 (1) relating to the amount of structured parking required to serve office uses in CPDs

 

   (1)         For the entire comprehensive planned development, but not necessarily for each building, not less than forty-five (45) percent of all on-street parking spaces for office uses shall be located underground or in parking structures.   This may be reduced to twenty-five (25) percent if approved as part of approval of a comprehensive planned development, where the property subject to a comprehensive planned development is adjacent to or crossed by an existing or proposed transitway, or where the development also includes low density office/research and development buildings or other such uses which characteristically rely upon surface parking.

 

·        To amend Section 25-643(1)(a) to add the following uses as permitted in CPDs:

a.    Retailing of:

7.   Sporting goods;

8.   Household appliances;

9.   Beer and wine, or other alcoholic beverages for consumption off-premises;

10. Office furniture 

j.     Health and fitness facilities

 

Footnote: Provided that any such store does not contain more than two thousand five hundred (2,500) square feet of patron display area or occupy more than four thousand (4,000) square feet for each establishment.

 

·        To amend Section 25-643(10)(a) regarding permitted uses in CPDs:

All uses permitted in the C-1 Zone under Section 25-296, in the same manner and pursuant to the same condition, if and as set forth herein, provided that any such store subject to the limitations of Section 25-323, does not contain more than two thousand five hundred (2,500) square feet of patron display area or occupy more than four thousand (4,000) square feet for each establishment.

 

·        To amend Section 25-643 to add "semi-detached dwelling" as a permitted use in Comprehensive Planned Developments, as follows:

 

(e) Semi-detached dwellings (duplexes) may be approved as part of the CPD concept plan application if necessary to accommodate the moderately priced dwelling requirement.

 

 

ANALYSIS:

 

Staff Observations and Assessment

 

 

 

Reduction in Structured Parking Requirement for Office Uses

 

The applicant proposes to reduce, from 45 percent to 25 percent, the minimum amount of parking spaces required to serve office uses that must be provided in an underground or structured parking facility (Section 25-648(1)).  This requirement applies unless the CPD is adjacent to or crossed by an existing or proposed transitway, when the amount may be reduced to 25 percent.  The proposed amendment would allow a reduction to 25 percent for those CPDs that include low density office or research and development structures and other uses that normally rely on surface parking spaces.  Primary justification given by the applicant includes the economic factors involved in providing structured parking for low density office and research and development uses.  An additional justification given is that the environmental protection goals that were addressed by this requirement for CPDs can now be achieved through adherence to the City’s Environmental Guidelines.

 

Staff comment: Staff notes that the 45 percent requirement is an aggregate requirement for all office uses within a CPD rather than a site specific requirement.  The 45 percent structured parking requirement dates from the original CPD regulations, which were approved to implement the Tower Oaks development.  At that time it was envisioned that Tower Oaks would be a campus-style office park with a significant amount of open space in the development as well as on individual building sites.  The structured parking requirement of 45 percent was designed to reduce the predominance of surface parking lots associated with office buildings, and result in office development different in character than office developments in the O-1 or I-3 Zones.  Other requirements, such as setbacks and open space requirements, also shape the overall character of the development.  Required structured parking also has environmental benefits in that it reduces impervious area, and staff will be prepared to discuss specifics on the environmental impacts of less structured parking at the meeting. 

 

Another unique aspect of the Fallsgrove CPD is the inclusion of research and development uses.  Although the Zoning Ordinance does not specifically define research and development uses, a definition can be developed for inclusion in a CPD approval.  Typically these uses do not require the amenities found in Class A office space, which often includes structured parking.  In addition, it may be practically difficult to provide structured parking on small office and research and development sites.  Requiring structured parking may in fact increase the density yield on small sites where the increased density may not be desirable, given proximity to residential uses.  Staff therefore recommends the following modification:

 

For the entire comprehensive planned development, but not necessarily for each building, not less than forty-five (45) percent of all on-street parking spaces for office uses shall be located underground or in parking structures.   This may be reduced to twenty-five (25) percent if approved as part of approval of a comprehensive planned development, where the property subject to a comprehensive planned development is adjacent to or crossed by an existing or proposed transitway, or where the development also includes low density office and research and development uses that are approved as part of a Concept Plan application. 

 

As a companion to this requirement, staff recommends that, as part of the CPD resolution of approval, that low density office and research and development uses be defined. 

 

Additional Retail Uses

 

The applicant has proposed the addition of the following to the list of uses permitted in a CPD: retailing of sporting goods; household appliances; beer, wine, or other alcoholic beverages for consumption off-premises; and office furniture.  Health and fitness establishments are also proposed as a permitted use in CPDs.  Staff notes that health and fitness establishments are currently permitted in Tower Oaks and King Farm CPDs which are in the O-3 Zone, but not in the Fallsgrove CPD because it is in the R-S Zone.  

 

Staff comment: The intent of retail centers within CPDs has traditionally been to serve the residents and employees within the CPD.  The proposed retail uses and the health and fitness establishment typically are large in floor area and serve a trade area beyond the immediate neighborhood.   Although the applicant has proposed restrictions on the maximum floor area of these types of uses to 2,500 square feet of patron area and no more than 4,000 square feet per establishment, staff finds that two of the proposed uses ­ the retailing of household appliances and office furniture ­ deviate from the neighborhood retail concept and potentially could attract patrons from outside the CPD.  These restrictions would be appropriate to ensure that the uses primarily serve the neighborhood.  Staff therefore recommends amendments as 

 

a.    Retailing of:

7.   Sporting goods;

8.   Beer and wine, or other alcoholic beverages for consumption off-premises;

j.     Health and fitness facilities

 

Staff notes that this modification would allow these uses in retail areas of approved CPDs such as King Farm, but similarly should not impact the nature of the retail centers.  Tower Oaks does not have retail uses approved.

 

Increased Size of Certain Retail Uses Allowed in CPDs

 

This modification would permit an increase in floor area of certain retail uses, currently permitted in CPDs but limited to 2,500 square feet in area per establishment because the list of permitted uses in CPDs includes all permitted uses in the C-1 Zone.  The increase would be to 2,500 square feet in patron area and 4,000 square feet in total floor area per establishment (Section 25-643(10)(a)).  In the C-1 Zone, the uses currently limited by size are retailing of computers and accessories, including repair; shoes; variety and dry goods; wearing apparel; music; musical instruments and accessories and recordings; jewelry, including repair; photographic studio; optician; private postal service; interior decorator and photographic processing.

 

Staff comment: The applicant’s justification indicates that the size limitations imposed on these certain retail uses are not in line with retail trends.  Although these limitations derive from the C-1 Zone requirements where they are entirely appropriate for small neighborhood centers in the City, slightly larger prototype stores may be appropriate in a larger center located in a CPD.  Staff recommends approval of the text modification as proposed.

 

Semi-detached One-family Dwelling Unit MPDUs

 

Permit semi-detached one-family dwelling units (duplexes) within CPDs if approved as part of a CPD concept plan application, and only if necessary to accommodate the requirement to provide Moderately Priced Dwelling Units (MPDUs).  Per the Concept Plan application, the applicant has proposed to provide MPDUs dispersed throughout the project, including in single family detached areas, and has represented that providing MPDUs as single family detached units is not economically feasible if the units are to be compatible with market rate units.

 

Staff comment: Staff finds the potential for providing MPDUs in single family areas to have merit, especially in terms of ensuring dispersion of MPDUs throughout a development.  Compatibility of these units with single family dwellings would be necessary.  This would be ensured in large part by their inclusion in the residential Design Guidelines.  Character and location would necessarily be evaluated during review of a Detailed Application.  Recent examples of MPDU duplex units constructed by the applicant are more consistent with the size and character of the market rate houses in the subdivision than a single family detached MPDU could be.  Staff notes that duplexes would only be permitted as MPDUs and only if approved in a Concept Plan application, ensuring that semi-detached units could not be introduced into an approved CPD without modification to the Concept Plan.  Staff therefore recommends approval of the text as proposed, with minor modifications.

 

(e) Semi-detached dwellings (duplexes) may be approved as part of a CPD concept plan application to accommodate provision of moderately priced dwelling units.

 

 

/rjw

Attachments