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CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
APRIL 2, 1999
SUBJECT:
Use Permit Application USE98-0591
Applicant: Montgomery Avenue Women's Center, Inc.
112 West Montgomery Avenue
Rockville, Maryland 20850
Property Owner: Harry W. Goldberg
5530 Wisconsin Avenue, Suite 750
Chevy Chase, Maryland 20815
Property Location: 100 West Montgomery Avenue
Rockville, Maryland 20850
Planning Commission Review Date: April 7, 1999
PREVIOUS RELATED ACTION:
Historic District Commission (HDC) provided a "courtesy review" of the applicant's proposed plans to renovate the building facade and initial plans to install a handicap accessible ramp on the front of the building located at 100 West Montgomery Avenue. The review was conducted at the HDC meeting held on October 20, 1998.
Special Exception SPX98-0272 & Variance Application APP98-0682, Norma N. Fagan, a request to establish a day shelter for homeless women (i.e., an eleemosynary institutional use) in the R-90 zone. Zoning variances requested from lot size, site frontage, and side yard setback requirements applicable to the planned use when located within a residential zone. Both requests granted and approved respectively by the Board of Appeals on December 5, 1998.
Historic District Application HDC99-0141, Montgomery Avenue Women's Center, Inc., a request for exterior building renovations, enclosure of rear stairwell, installation of on-site parking lot, and tree removal at 100 W. Montgomery Avenue. Application conditionally approved by the Historic District Commission on March 16, 1999.
REQUEST:
In accordance with Section 25-193 of the Zoning Ordinance, the applicant submits the subject use permit application, a development proposal to renovate and improve the property located at 100 West Montgomery Avenue, to establish and operate a day shelter for homeless women (i.e., an eleemosynary institutional use).
STAFF RECOMMENDATION:
Approval is recommended subject to the following conditions:
1. The applicant must submit to the Chief of Planning 11 copies of the site and building plans, revised to illustrate that the following site development concerns have been satisfactorily addressed:
a. The proposed use must be operated in substantial accordance as described and presented in the subject application request, i.e., hours of operation, number of employees, level of services provided, etc.
b. The applicant must enter into a shared parking agreement with the neighboring Rockville United Methodist Church to allow vehicles delivering goods and services to the day shelter use of the church parking lot. The parking agreement could also be written to allow day shelter volunteers (short stay) vehicular parking on the church lot, when providing transportation to shelter clients.
c. Prior to any occupancy of the building and full utilization of the entire building structure, the applicant must make all necessary building improvements in accordance with all applicable building and fire safety codes.
d. Supplement plantings must be installed along the site's southern property line, to serve as a vegetative screen/buffer between the planned on-site parking lot and abutting property to the south. The species of plantings to be installed will be determined with the concurrence of the City Forester.
2. The Department of Public Works (DPW) request the following information be provided and the site plans revised accordingly:
a. The new rear site parking lot street entrance, on South Adams Street must have a city standard driveway apron.
b. Stormwater management (SWM) must be provided for the property if new proposed impervious area exceed 2,500 square feet. If SWM is required, the applicant must submit a concept plan for DPW approval.
c. Appropriate bonds must be posted, sediment control permits, and other applicable public works permits must be obtained.
d. Dedication of a sidewalk easement along South Adams Street to allow a sidewalk link between the existing site and neighboring property sidewalk sections. The width of the easement is to be determined by DPW and the applicant/property owner.
e. The sidewalk at the corner of West Montgomery Avenue and South Adams Street should be fully located within the public right-of-way. That area of the subject property that contains sidewalk shall be dedicated to the city for public right-of-way.
3. In review and approval of the project's forest conservation plan (FCP), the City Forester requests the following information be provided and/or action be taken:
a. Provide a significant tree replacement bond in the amount of $800 dollars, i.e., $200 per tree.
b. Applicant must sign the two-year "warranty and maintenance agreement" when it is submitted to the City's Forester's office.
4. The Division of Inspection Services notes that "use of the building's basement, first floor, second floor, and/or attic, will not be permitted until all fire separations are provided and all fire, life safety, and construction code requirements have been satisfied." The site and building facility must also comply with the Maryland State Accessibility code and the American's with Disability Act (federal requirements).
ANALYSIS:
Property Description
The subject property is located at the southwest corner of West Montgomery Avenue and South Adams Street. The property is 10,395 square feet in size and improved with a freestanding two- (2) story dwelling/building of frame construction. The building is currently being used as a boarding house and was originally constructed as a residence in the early 1900's. The subject property is located in the West Montgomery Avenue Historic District and is surrounded by an array of land uses. The property is bound to the north by the Beall-Dawson House, Montgomery County Historic Society, and various office uses, to the east by the Bombay Bistro Restaurant, a dry cleaners, and an art-frame business, to the south by law offices located within a converted church structure, and to the west by the Rockville United Methodist Church.
Based on a cursory inspection conducted by staff several months ago, it was discovered that the existing building structure will require significant repair and structural improvement before it can be used as now planned. The building has been used since its original construction primarily for residential purposes. The site contains an array of mature trees, shrubs, and hedges, all ranging in species and size. Site topography ranges from relatively flat to gently sloping. The surface elevation along the site's West Montgomery Avenue street frontage is relatively higher than the surface grades that make up the rear yard area of the site, causing the property to gently slope in a north to south direction.
Proposed Site Use
In accordance with Section 25-296 of the Zoning Ordinance, the applicant petitioned for and received special exception approval and associated zoning variances, to establish a day shelter for homeless women at the subject location. At its December 5th 1998 meeting the Board of Appeals approved Special Exception SPX98-0272 and granted the Zoning Variance Application APP98-0682 as per the applicant's request. Since the subject property is located within the West Montgomery Avenue Historic District, the applicant was also required to get Historic District Commission approval for its plans to renovate the exterior of the building and associated site improvements, all needed to accommodate the planned eleemosynary institutional use of the site. On March 16th 1999 the Historic District Commission reviewed the applicant's request (HDC99-0141) and based on the information and evidence as presented, voted to conditionally approve the application.
The applicant (Montgomery Avenue Women's Center - MAWC) now seeks use permit approval to implement the proposed site and building improvements needed to establish the planned site use. Once established, the proposed day shelter was to replace Cordelia House, the day shelter that was located at 17 Wood Lane, two blocks from the subject site. On February 15th 1999 a major fire occurred at Cordelia House, forcing the shelter to close earlier than the applicant anticipated. The women that were served by Cordelia House are now being temporarily accommodated at the Rockville Methodist Church, until the proposed day shelter can be established and becomes operational. The planned shelter will operate between the hours of 8:00 a.m. to 6:00 p.m., seven (7) days a week, year round. The applicant affirms that the shelter will not provide overnight stay and is intended to serve women only.
The women served by the shelter range in age from 18 to 72 years. It is anticipated that on a typical day, the proposed day shelter would serve 10 to 15 women, which may increase during periods of harsh and/or inclement weather. Since none of these homeless women own personal vehicles, they will walk to the site, use public transportation, or access private transportation. Shelter clients will receive food, clothing, counseling services, use of telephones, and transportation assistance as needed. Clients will be provided light, hot water prepared or cold foods, e.g., soups, sandwiches, cereals, etc. The applicant notes that there will be no conventional stove for food preparation, only a microwave and convection oven. The kitchen and dining area will be located on the main level ( 2nd floor) of the building, along with a lounge, restrooms and a shower facility, office, and counseling space. The applicant is advised that due to building, safety, and fire safety code requirements, the upper building levels (3rd floor and attic) and ground level (basement) cannot be used or occupied until appropriate renovations are made to bring those areas into compliance with all applicable code requirements. This assessment was reached based on the cursory inspection conducted by staff from the City of Rockville Inspection Services Division during the Fall of 1998.
In response to the concerns raised by staff regarding the physical condition of the building, the applicant has informed staff that respective building improvements will likely be completed in various phases. The applicant affirms that MAWC plans to first occupy only the main building level (2nd floor) and later utilize the remaining building levels once renovations have been completed. After all building improvements have been completed the basement level and top floor level would then be available for full use by the applicant, i.e., as staff office space, additional storage area, etc.
The financial cost of needed building improvements, along with the expense of shelter operations, will all be made possible from public and private sector funding sources. The applicant receives federal funds from the Department of Housing and Urban Development (HUD), as well as grant funds from the City of Rockville, and State of Maryland. The shelter will be staffed by approximately eight (8) employees, including but not limited to, a program administrator, house manager, life skills coordinator, substance abuse counselor, psychiatrist, and several volunteers. It is estimated that no more than eight (8) employees would be on-site at any time. Also, the number of hours that respective shelter staff members will be present on-site will be determined by the specific services they provide to shelter clients. In accordance with Section 25-395 of the Ordinance, the applicant will install new on-site parking facilities, with a capacity for four (4) vehicular spaces, i.e., one (1) parking space per two (2) employees. As a condition of previously approved SPX98-0272, the applicant must enter into a shared parking agreement with the neighboring Rockville United Methodist Church, to allow vehicular parking on the church parking lot, for persons making deliveries to the shelter and those providing transportation assistance to shelter clients. Note, parking spaces made available by the church for use by the shelter will be short term and not long-term parking.
Applicable Sections of the Zoning Ordinance & Staff Analysis
In accordance with Section 25-193 of the Ordinance, a use permit shall be issued if the Planning Commission finds that the use proposed in the application will not :
1. Affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use. As proposed, the site use in many ways will operate much like a public sector social services agency. The proposed day shelter will not function or operate like a conventional residential shelter facility. Although MAWC is a private, secular, non-profit organization, its operation of the planned site use will be similar to how a quasi-public office use traditionally functions. As previously noted, due to the existing physical condition of site the applicant will have to make substantial physical improvements to the building and property to establish the proposed use. Such improvements will ensure that the physical character of the property is reflective of the historic district in which it is located. The planned improvements to the building's exterior along with planned landscaping will make the property more compatible with other area office and institutional land uses. As required by the Ordinance, all proposed exterior alteration of the building and respective physical improvements to the site's grounds, have been approved by the Historic District Commission (HDC).
The maximum number of employees and/or support personnel that will be present on site at any one time will be eight (8) persons. Based on the 14 years of experience the applicant has in operating the Cordelia House (day shelter for homeless women) located at 17 Wood Lane, it is anticipated that on a typical day the proposed shelter would serve between 10 to 15 women. The applicant will ensure that there will be no loitering in or around the subject site by shelter clients. All activities and services will be provided indoors. The amount of traffic generated by the use should be minimal and not disruptive to traffic flow within the area. Vehicular traffic generated by the planned site use will be via shelter employees and from the delivery of goods and services to the site. On-site parking will be provided for staff and supplemental (short-term) parking for the delivery of goods and services to the shelter will be provided on the neighboring Rockville Methodist Church parking lot. It is expected that shelter clients will arrive and depart the site by walking, public transit, or receive transportation assistance from shelter volunteers.
2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood. Establishment of the proposed site use will not require major upgrade or renovation to site area utilities or public infrastructure. In order to convert the building structure from residential to institutional/office usage, the building must be substantially renovated in accordance with applicable building codes and fire safety regulations. Again, any future exterior modification of the building or site grounds must be approved via consideration of Historic District Commission review. The proposal to renovate the building, along with the applicant's commitment to landscape and regularly maintain the grounds of the property, should greatly improve the current physical appearance of the subject property. Such property improvements serve to ensure the planned site use will not be a detriment to the existing use and/or development of neighboring properties. The applicant plans to re-grade the front yard in order to install a new raised brick walkway. The new walkway would be installed to provide access from the front sidewalk on West Montgomery Avenue to the front of the building. This new raised brick walkway is required and needed to provide site and building access to persons with physical handicaps. Trees that are removed as a result of the proposed site grading activity associated with the installation of the raised sidewalk and rear parking lot, are to be replaced in accordance with the City's Forest and Tree Preservation Ordinance. It is extremely likely that two (2) existing black walnut trees will have to be removed to install the new rear parking lot. As of this writing, the applicant's "forest conservation plan - FCP" as submitted with the subject application request has been approved by the City Forester, subject to the conditions referenced on page three of this staff report.
The subject property is surrounded by an array of institutional, office, commercial, and to a lesser degree residential land uses. The establishment of the proposed eleemosynary use on the subject site will not change the character of the neighborhood in which it will be located. The shelter will not be a residential (overnight stay) facility and thus the population density of the community will not be altered nor changed. Since the planned site use is permitted in the R-90 zone only by grant of special exception, this regulatory restriction of the Ordinance serves to ensure there will be no proliferation of similar land uses within the subject site area.
3. Constitute a violation of any provision of the Zoning Ordinance or applicable law/s. The development proposal as submitted complies with applicable requirements of the Ordinance. The Board of Appeals approval of the applicant's afore noted special exception and zoning variance requests, coupled with the Historic District Commission's approval of the applicant's historic district application, insure the planned site use and proposed physical improvements adhere to applicable provisions of the Ordinance. Staff notes that once all of the conditions of approval as recommended in this staff report, or as may be modified by the Planning Commission, have been satisfactorily addressed by the applicant, the site development proposal would fully comply with all applicable requirements of the Ordinance.
Based on all of the afore noted factors, staff finds suitable justification to recommend Use Permit USE98-0591 be approved subject to the conditions 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 upcoming Planning Commission meeting, at which time the subject project request will be publicly reviewed and acted on. Similar notices were sent during the review and processing of the project's previously approved special exception. A list of addresses is contained in the project's application file for public review and inspection.
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Attachments
Exhibit "1" - Lot Line Survey
Exhibit "2" - Site Plan
Exhibits "3 thru "6" - Floor Plans
Exhibits "7 thru "9" - Building Elevation Drawings
Exhibit "10" - Proposed Site Identification Sign
Exhibit "11" - Forest Stand Delineation
Attachment "A" - Traffic Statement
Attachment "B" - Forest Conservation Proposal
Attachment "C" - Letter of Authorization
Attachment "D" - SPX98-0272 Approval Letter