| Home > Government > Boards and Commissions > Planning Commission > 1999 > Staff Reports > USE99-0595 |  |
CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
May 14, 1999
SUBJECT:
Use Permit Application USE99-0595, Federal Realty Investment Trust
Applicant: Federal Realty Investment Trust
1626 East Jefferson Street
Rockville, Maryland 20852
Date Filed: April 6, 1999
Property Location: 213 and 217 North Washington Street
Planning Commission Review Date: May 19, 1999
PREVIOUS RELATED ACTION:
REQUEST:
In accordance with Section 25-191 of the City of Rockville Zoning Ordinance, the applicant has submitted a Use Permit request to allow a change in use from retail to restaurant use, and to allow the expansion of the patron area of an existing restaurant in the TCM-1 Zone.
STAFF RECOMMENDATION:
Approval of the application, subject to the following conditions:
ANALYSIS:
Site Description
The subject property is located in the TCM-1 and TCM-2 Zones on the east side of North Washington Street between East Middle Lane and Beall Avenue, and is commonly known as either the Magruder's Shopping Center or the One Stop Shopping Center. The property contains approximately 248,741 square feet (5.71 acres) of land area, the majority of which is in the TCM-1 Zone. The existing building has approximately 122,730 square feet of gross floor area in two stories, and was constructed in the 1950s. The remainder of the site consists of paved parking area containing 355 spaces located in front of the center, with smaller amounts of parking located along Beall Avenue and East Middle Lane behind the center. To the north of the site is the 255 North Washington Street office building, while to the east of the site is the City's Middle Lane parking lot. To the west of the site is the 110 North Washington Street office and retail building, a gas station and a small office building, while to the south is the residential portion of the Victoria mixed-use project, including the undeveloped corner property. The subject property is accessed via entrances on North Washington Street, East Middle Lane and Beall Avenue.
Project Proposal
The applicant proposes to convert the former Hallmark card shop at 217 North Washington Street to a restaurant and carryout establishment to be known as Hiro Sushi and containing 2,055 square feet of floor area. The applicant also proposes to expand the seating area of the existing Giuseppe's Pizza restaurant at 217 North Washington Street by converting a 696 square feet storage area into additional restaurant patron area. A preliminary interior layout indicates that an additional 56 seats could be located in this area (See Attachment). No exterior modifications are proposed in conjunction with this application.
Staff notes that a similar proposal for a change in use in a shopping center with a valid use permit would be processed as a Use Permit amendment, and reviewed and approved by staff if Ordinance requirements are met. Because a valid Use Permit does not exist for this property and it is located in the Town Center Planning Area, staff has determined that a Use Permit requiring Planning Commission approval is required to accommodate the proposed change in use.
Staff Comments
The center is located in the heart of the Town Center Planning Area. The Master Plan outlines that the Town Center should be "a focal point of civic, social, business and government activity where people live, work, and participate in entertainment and community activities." Most of these activities are expected to be concentrated in the mixed use core area bounded by North Washington Street, Hungerford Drive/Rockville Pike and East Jefferson Street. The existing shopping center, as the largest concentration of retail in this area, contributes significantly to the retail base of the Town Center and functions as the primary neighborhood shopping center for nearby neighborhoods. The proposal, in terms of providing additional restaurant use in Town Center, is in keeping with the Master Plan, and will compliment nearby activities such as the new theaters. However, the change in use for this site is somewhat complicated given the history of development on the property.
The shopping center does not have a use permit covering the entire site, probably because it was constructed in the 1950s prior to implementation of the modern City Zoning Ordinance. In addition, the parking lot has been reduced in size several times over the years as a result of public taking for the expansion of the rights-of-way for abutting streets. Because of these takings, the center does not meet Zoning Ordinance requirements for provision of parking on the site, resulting in the center being significantly underparked. According to current Ordinance requirements, 600 spaces would normally be required, given the existing uses. The number currently provided is 355. The City has entered into agreements with the previous property owner allowing conveyance of property to the City for street widening. In return, the City has agreed not to cancel or fail to issue use and occupancy permits for uses similar to what existed in the center in 1982, when the most recent agreement was made. Staff research indicates that, based on records of occupancy permits issued by the City, the center was made up entirely of retail uses at that time.
Over the years, several small restaurants have been added to the property, including Giuseppe's Pizza, Vignola's and Zi Pani. Giuseppe's was established by Planning Commission approval of a Use Permit for a change to restaurant use in 1990. The other restaurants have been permitted to locate in the center, based on the agreement and the premise that they are primarily carryout in nature, which is classified as a delicatessen/carryout by the Zoning Ordinance. Under current practice, deli/carryouts require the same amount of parking as general retail use [one space per 200 square feet]. However, some of these establishments function as full service restaurants as well as delicatessen/carryouts and therefore have come to generate the need for more parking in practice as well as under the Zoning Ordinance.
Because valid occupancy permits have been issued for the existing uses on the site, these uses can be considered exempt from any requirement to meet current parking standards. However, additional full service restaurant patron area generates a requirement for additional parking spaces. Based on these requirements, conversion from retail and unused space generates a net increase in parking of 28 spaces. [The parking requirement for restaurants is one space per 50 square feet of patron area and one space per two employees] The Zoning Ordinance requires that parking spaces be provided on the same record lot as uses served, except where spaces are provided in a common parking facility within 500 a feet walking distance to uses served.
The applicant has limited ability to reconfigure the existing site to provide more parking spaces, although the section of the existing parking lot near the Tuesday Morning store that fronts on Beall Avenue offers some potential for expansion. The applicant's proposal to reconfigure a portion of this lot and expand the amount of striped parking spaces. Under the proposed configuration, the majority of the newly created spaces are physically located on City-owned property known as Parcel N-70. This is a small strip of land originally intended to provide access to and from public parking facilities on the City's Middle Lane property. The 30-feet wide property is only partially paved. The applicant has configured this area to provide 21 additional spaces to serve the shopping center and provide access between the Farmers Market and Beall Avenue. Permitting this reconfiguration would require seven additional spaces to meet the parking requirement generated by the additional restaurant floor area.
Staff recommends that the applicant pursue additional off-site parking to meet Ordinance requirements. One option is for the applicant to lease spaces from the City on the Middle Lane lot on a temporary basis, as these are the closest spaces to serve the center. Alternatively, it may be possible for the applicant to lease spaces from a nearby private property owner with excess parking spaces. Because it is highly likely that the City's property will be developed in the next few years with a public parking garage, new regional library and Maryland Avenue extended, this condition is expected to be temporary. Staff notes that the applicant will necessarily participate in these efforts, as the new parking garage is expected to benefit any redevelopment on the Federal Realty property. Details regarding the temporary and permanent solutions may be determined by the agreement between the applicant and the Mayor and Council.
Inspection Services staff has noted a concern about access between the businesses along the front of the center. Frequently it is difficult to negotiate the sidewalk in front of the building, especially for handicapped persons, due to obstructions in front of Magruders caused by shopping carts and items for sale. Staff has recommended a condition of approval to ensure that the access is maintained.
Conclusion:
Based on all of the noted factors, staff finds adequate justification to recommend approval of Use Permit USE99-0595, subject to the conditions referenced on pages one and two of this staff report.
/rjw
Attachments