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SEPTEMBER 21, 2000
SUBJECT:
Special Exception Application SPX2000-00289
Applicant:
Realty Capital Partner, LLC
7600 Colshire Drive, Suite 215
McLean, Virginia 22102
Property Owner:
Sandy Spring National Bank of America
17801 Georgia Avenue
Olney, Maryland 20832
Property Location: 611 Rockville Pike, Rockville, Maryland 20852
Planning Commission Review
Date: September 27, 2000
Board of Appeals Public Hearing Date: October 7, 2000
PREVIOUS RELATED ACTION:
Use Permit U-192-64, Montgomery Banking & Trust Company, a proposal to operate a banking operation in a temporary structure located in the (then) C-2 zone and (now) O-1 zone at the subject location, approved by the Planning Commission on January 7, 1965.
Use Permit U- 208-65, Victor R. Beauchamp, a proposal to construct an office building containing a bank in the then (C-2) zone and now O-1 zone at the subject location, approved by the Planning Commission on March 17, 1965.
Special Exception Application S-174-90, Jefferson Plaza III Limited Partnership, a request to provide drive-thru banking facilities at the existing bank located on the subject site in the O-1 zone, approved by the Board of Appeals on July 7, 1990. (Note: Expired due to lack of implementation)
Special Exception Application S-181-91, Jefferson Plaza III Limited Partnership, a request to install drive-thru banking facilities at the existing bank located on the subject site in the O-1 zone, approved by the Board of Appeals on April 6, 1991. (Note: Application similar to S-174-90 that expired due to lack of implementation.)
Use Permit U-484-91, Jefferson
Plaza III Limited Partnership, proposal to construct drive-thru banking facilities
for an existing branch bank office at the subject location in the O-1 zone,
approved by the Planning Commission on July 24, 1991.
Special Exception Application SPX99-0283, Realty Capitol Partners LLC, a request
to temporarily relocate the site's banking operation and its customer drive-thru
facilities to the northern area of the site, while one of two new office buildings
and structured parking facilities are constructed in the southern portion of
the subject property. Approved by the Board of Appeals on April 8th 2000. (Note:
Board approval formally amended previously approved S-181-91)
Use Permit USE99-0600, Realty Capitol Partners LLC, a proposal to temporarily relocate the site's banking operation and its customer drive-thru facilities to the northern area of the site, construct one of two new office buildings and a portion of the proposed structured parking facilities (PENDING PLANNING COMMISSION FINAL REVIEW AND ACTION)
REQUEST:
In accordance with Section 25-339(c) of the Zoning Ordinance, the applicant seeks special exception approval to modify previously approved Special Exception Application SPX99-0283. In an effort to address site development issues and concerns raised in the review and processing of the project's pending use permit (USE99-0600), the applicant revised the site development proposal, thus altering the site plans as submitted and considered under previously approved SPX99-0283.
Under the subject request, the applicant still seeks approval to temporarily relocate the site's branch banking operation and its drive-thru facilities, as an interim measure, while the subject property located at 611 Rockville Pike is being redeveloped. The applicant now proposes to construct a single office building, accompanying structured parking and new customer drive-thru banking facilities. The applicant decided to revise the proposal due to concerns raised by the Board of Appeals in its consideration of previously approved SPX99-0283 and in addition to concerns noted by the Planning Commission in its review of pending use permit USE99-0600. Of major concern to the Board and Commission was the planned construction phasing of the two new office buildings and the length of time the temporary branch banking operation, with its customer drive-thru facilities was to remain operational on-site, prior to the project's full build-out.
Under the submitted amended proposal, site redevelopment will still take place in two (2) phases. However, with the proposed construction of a single office building, the applicant hopes to reduce the length of time the temporary branch banking operation and drive-thru facility would have to be operational, prior to the completion of the proposed new office building and accompanying structured parking facilities.
STAFF RECOMMENDATION:
Staff recommends the application request be approved subject to the following conditions, which are also identical to those imposed under previously approved SPX99-0283:
·. The proposed site development associated with the branch bank's temporary and permanent drive-thru facilities, are to be constructed in accordance with the site and building plans submitted with the subject application request.
. Trees removed to accommodate development of the proposed branch bank facility must be replaced in accordance with applicable requirement's of the City's Forest and Tree Preservation Ordinance. Note, all proposed site landscaping must be in keeping with landscape/forest conservation plan/s submitted with the project's pending Use Permit USE99-0600.
. At the determination of the City's Chief of Traffic and Engineering, appropriate (on-site) traffic control signage should be installed in and around the entrance and terminus of the bank's temporary and permanent drive-thru aisle locations, e.g., stop signs, pedestrian yield signs, do not enter, etc.
. Upon completion of the site's phase one development, the temporary bank building/structure and accompanying site improvement must be removed and relocated to it's the terrace level of the parking deck. The northern area of the site vacated by the temporary banking operation is to be graded and readied for the proposed phase-two site development, i.e., construction and completion of the parking garage, office building, and accompanying infrastructure.
·. Landscaping for the temporary banking site must be provided and approved in consultation with the City Forester or as maybe amended with the Planning Commission's approval of the projects use permit.
·. Approval of a pending Use Permit USE99-0600.
ANALYSIS:
Property Description
The subject property has frontage on three (3) public streets, Rockville Pike on the northeast, Richard Montgomery Drive to the southwest, and Fleet Street to the west. The site is currently improved with a two story office building which is of masonry construction, with on-site surface parking facilities located on the north, west and south sides of the building. Vehicular access to the site is provided via dual site entrances on Richard Montgomery Drive, the northern driveway is "entrance only" and the southern driveway is "exit only". The site currently has a single entrance on Fleet Street. The site's topography slopes pronouncedly from the property's frontage along Rockville Pike, downward towards its frontage along Fleet Street. The property is modestly landscaped and contains a variety of mature vegetation, ranging in species and size, i.e., hedges, shrubs, flowering and non-flowering plantings, an evergreen tree and several hardwood trees.
The property is approximately 116,980 square feet (2.68 acres) in size, zoned for O-1 (Office Building) land usage, and is bounded to the north, east, and south by institutional and commercial land uses and to the west by governmental and non-governmental office uses. The properties to the north and east of the site are zoned O-1 (Office Building) and RPC (Rockville Pike Commercial), to the south RPC and to the west R-60 (single family detached, residential).
Land Use Request - Project Proposal
The applicant (Realty Capital Partners, LLC) has been authorized by the property owner (Sandy Spring National Bank) to file the subject special exception request, which would amend the bank's previously approved Special Exception SPX99-0283. As previously noted the applicant seeks special exception approval to relocate the site's banking operation and its drive-thru facilities to a temporary location on the subject site as an interim measure, while the overall property is completely redeveloped.
The applicant plans to redevelop the existing office property in two (2) distinct phases. Under the first phase of development, the applicant would vacate, discontinue use, and raze the existing office building that now houses the subject branch bank. The branch banking operation and its customer drive-thru facility would be the only existing site office use retained. The bank would be temporarily located in a modular/trailer type building structure with on-site surface parking facilities for customers and employees, and be accessed via a new vehicular site entrance on Fleet Street (See Exhibit "3"). The temporary banking facility would continue to operate its customer drive-thru teller while the site is being redeveloped. .
Prior to demolition of the existing office building, the northern end of the site would be graded and site improvements installed to accommodate the temporary drive-thru banking facility. Once the bank has been moved to its temporary facilities and the existing office building razed, the eastern and southeastern areas of the site would be graded and readied for the construction of the new office building, accompanying infrastructure, and the first phase of the proposed parking structure. When the steel framing of the new office building is complete and the first phase of the parking deck is constructed up to the terrace level of the structure, the applicant would move the temporary banking operation to the terrace level of the development.
Under the second and last phase of site development, the branch bank trailer and its drive-thru facility would operate on the terrace level of the parking deck, adjacent to the bank's new permanent drive-thru facility while the remainder of the project is built-out. Upon being relocated to the terrace level of the parking deck, the northern site area where the temporary facility was previously located, will be re-graded and prepared for the construction of the second and last phase involving the construction of the parking garage. The branch bank would operate on the terrace level of the parking deck until the office building is fully constructed and the second phase of the garage completed. Once completed, the site's branch banking operation would be re-established in the new office building and its new customer drive-thru facilities would become fully operational (See Exhibit "5").
Note, the he proposed new five (5) story office building when constructed will have a total gross floor area of 158,130 square feet. The accompanying parking structure when fully constructed would have a total gross floor area of 347,125 square feet, designed to accommodate 559 vehicles. The branch bank and its new financial center will be located on the first floor of the new office building and is expected to maintain hours of operation similar to its current business hours.
Three-(3) drive aisles will serve the banks new customer drive-thru banking facility. One (1) drive-thru lane will be served by an ATM facility and the other two-(2) lanes served by bank staff working from indoor office (window) locations. The bank's drive thru facility will be constructed of building materials similar in make, color, and quality to that of the proposed new office building. Like the proposed office building, the branch bank's new permanent drive-thru facility will be of masonry construction and have a brick façade. In order to relocate the site's branch banking operation and customer drive-thru to temporary facilities and later reestablish operation to its new permanent proposed office facilities, requires grant of the special exception as requested.
Applicable Sections of the Zoning Ordinance & Staff Assessment
In accordance with Section 25-338 of the 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 other applicable law; and
The existing and proposed
use of the property is consistent with both the Master Plan's land use designation
and zoning classification of the site. Based on available information, the existing
branch bank and accompanying drive-thru facilities have been in continuous operations
on the subject site for nearly ten (10) years. The land use designation of the
subject property by the Plan is as "transitional area". As per Section
25-272(h) of the Ordinance, the purpose of the O-1 (Office Building) zone, which
the subject property is presently zoned, "is to provide office space for
private, quasi-public and public land uses and complementary service uses and
to provide a transition between general commercial and residential uses."
There is no evidence that the request to temporarily relocate the site's existing
branch bank and accompanying drive-thru facilities and later re-establish said
operations within the new office building would be adverse to the Plan, the
Ordinance, or other applicable law. The request is submitted in accordance with
Section 25-339(c) of the Ordinance. If approved the subject request would modify
the bank's previously approved special exception SPX99-0283, that allowed the
drive-thru banking facilities to be relocated to temporary facilities in the
same area of the site as now propose under the subject request. However, unlike
the previous request, the applicant also seeks permission to locate the temporary
banking operation to the terrace level of the garage, to allow the northern
area where the facility will initially be located, to be readied for the project's
second phase of site development.
2. The proposed use at the location selected 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; and 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 application request represents only one aspect of the proposal to redevelop the subject site. Once the steel framing of the new office building is completed and the first phase of the parking garage is constructed, the temporary banking facilities will be relocated to the terrace level of the parking deck. To insure that customers using the temporary banking facility drive-thru, enter and leave the site safely and efficiently, appropriate directional and traffic control signage should be installed on site. Vehicular access to the temporary facility while it is located in the northern area of the site will be via a new site entrance on Fleet Street. Since this new entrance will be located near a bend in the roadway, vehicles exiting the site should do so in a cautious manner.
To insure that vehicles exiting the site from this new entrance on Fleet Street can do so in as safe a manner as possible, new traffic control signs may need to be installed along that area of the roadway. These new signs should serve to inform motorist to slow down and be alert to vehicles entering the street from the subject and neighboring properties in the area. Although this entrance will cease to be used by banking customers when the temporary banking facility is relocated to the terrace level of the parking deck, it may be used to provide site ingress/egress for construction vehicles, during the phase two stage of site development. Vehicular access to the temporary bank's drive-thru facility while located on the parking deck will be via Richard Montgomery Drive
At present time the existing branch bank's customer drive-thru facilities is comprised of one (1) drive-thru window located at the rear southeast corner of the existing site office building. When fully operational from its new permanent office location, the bank's new drive-thru facilities will be located in a separate freestanding drive-thru structure (See Exhibit "5"). The new facility will have three-(3) drive thru lanes, one (1) ATM facility and two (2) conventional drive-thru teller lanes. Staff found no evidence the new three-(3) lane drive-thru facility would generate vehicular traffic that will overburden or adversely impact site area roadways. In response to conditions of approval associated with previously approved SPX99-0283, the applicant amended the site plan so that the new drive-thru facility is shifted inward on the site, so that customer vehicles exiting the facility have adequate stacking area in the drive aisles when attempting to leave this site.
It is important that the drive aisle area, where vehicles exit the drive-thru of the proposed permanent drive-thru facilities have stacking space to allow vehicles to stagger and alternate lane departures. Unencumbered movement of vehicles attempting to enter/exit the site's drive-thru banking facilities should help limit potential disruption of site circulation in/around said facilities. Staff found no evidence that the temporary or new office building/terrace location of the site's branch bank operation and drive-thru facilities would be detrimental to the current use or future development of neighboring properties. The applicant submitted a traffic impact study, which analyzed impacts site generated traffic would have on respective site area roadways and street intersections. In its review of the project's pending use permit (USE99-0600), the Planning Commission requested the applicant provide supplemental traffic information to the Commission, clearly demonstrating that impacts created by site generated traffic could be mitigated, so that area roadways and neighboring street intersections were not overburdened due to increased traffic generated by the site use.
Staff's has reviewed both the study as well as supplemental traffic information as requested by the Planning Commission. It is anticipated that staff will present its formal assessment of that information and present recommendations to the Commission when it reconsiders the project's pending use permit at an October Planning Commission meeting. Staff's assessment and recommendation regarding the study's findings will determine what level of improvements and/or monetary contribution the applicant should provide in order to mitigate (where possible) such impacts that site generated traffic will have on site area roadways.
To insure that site vehicular ingress/egress is safe, efficient, and does not impede traffic flow in and around the subject site area, the applicant's amended site plan now proposes only two entrances on Fleet Street. The loading dock entrance and garage entrance that were to be located near the northwestern end of the site on Fleet Street, as proposed under SPX99-0283, have been now been eliminated under the subject proposal. There will be a single entrance into the parking garage and an entrance to the building's loading dock on Fleet Street, both located in the center of the site.
Although the planned relocation of the branch bank and drive-thru facilities would not require major upgrade or retrofit of site utilities, it is likely that such upgrades will be needed to accommodate the applicant's full site redevelopment. It is anticipated that the level of water and sewer services needed to accommodate the proposed site development, will be much greater than the existing service which now serves the site's two (2) story office building. Based on initial review of the project's pending use permit, new storm management facilities will be installed to accommodate and treat the stormwater runoff created by the planned site build-out. The proposed project's compliance with stormwater management and sediment-erosion control requirements is currently being reviewed and will be determined by the Department of Public Works, as part of USE99-0283.
There is no evidence that the availability and/or delivery of public services within the site area will be substantially altered or reduced due to the planned modification and improvement's to the site's branch bank operations. While the overall scale of the planned site redevelopment project will be much more intensive than the current site office use, the planned site use/s will be in keeping with similar land uses located within the site area, i.e., office, institutional, and commercial land uses.. Although there are similar financial institutions located within the larger site area, those use should not be adversely impacted by the proposed temporary relocation and planned re-establishment of the site's banking operation and drive-thru facilities. As proposed, the applicant's new facilities should serve to enhance banking services within this area of the city.
Lastly, due to the commercial nature of the planned site use, coupled with the existing land use and development patterns of the site area, existing residential densities in the surrounding site area will not be altered. Coupled with all of the afore noted factors, and because the subject site use is permitted in the O-1 zone only by grant of special exception approval, it is unlikely there will be a proliferation of similar land uses within the site area.
3. The proposed use complies with all requirements of the ordinance that are applicable thereto.
In accordance with Section 25-296 of the Zoning Ordinance, "banks having drive-thru facilities for the purpose of conducting business transactions from vehicles," are permitted in the O-1 zone by grant of a special exception. The applicant submits the subject application request attempting to satisfy this fundamental requirement of the ordinance and as required per Section 25-339(c). It must be noted that while the request as submitted meets all requirements of the Zoning Ordinance at this conceptual phase of the special exception review process, a thorough review of the applicant's overall site redevelopment proposal is currently taking place with the project's pending Use Permit USE99-0600.
Lastly, in addition to the afore noted findings the Board is required to make in its consideration of this application request, as per Section 25-354(b) of the Ordinance, the Board is required to make the following additional finding:
The proposed use is necessary to the convenience of businesses and employees in the surrounding area.
The previous owner of the property (Jefferson Plaza III Limited Partnership) was granted special exception approval (ref. S-181-91) to establish drive-thru banking facilities for the existing site branch bank, by the Board of Appeals in April 1991. The existing Sandy Spring Branch Bank with its customer drive-thru component has been operational and serving customers for nearly 10 years and as such has established itself as a viable financial institution within the community. Due to its longevity at its current location, it is obvious that the banking services provided are needed and beneficial to businesses and individuals working and/or living in the subject site area. The planned temporary relocation of its branch office and ultimate re-establishment to its new office facilities, building, along with its new expanded customer drive-thru are intended to insure greater choice and access to banking services within the site area.
Based on all of the afore noted factors, staff finds adequate justification to recommend Special Exception SPX2000-00289 be approved subject to compliance with the conditions referenced on page two 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 meeting and Board of Appeals public hearing, at which time the request will be publicly heard and considered. Notices were sent to 800 hundred property owners located within the site area. A list of addressees is contained in the project's file, available for public review and inspection.
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Attachments
Exhibit "1" - Subdivision Plat
Exhibit "2" - Existing Site Overview
Exhibit "3" - Phase One-Site Layout
Exhibit "4" - Phase Two-Site Layout
Exhibit "5" - Overall Site Layout
Exhibit "6" - Proposed Site Landscape Plan
Exhibit "7" - SPX99-0283 Site Layout
Exhibit "8" - Building Elevation
Attachment "A" - Letter of Authorization
Attachment "B" - SPX99-0283 Approval Letter