CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

January 20, 2000

SUBJECT:

REQUEST:

To amend portions of Article VII, Division 3, Section 25-326 of the Zoning Ordinance, relating to the optional method of development in the O-1 Zone.

STAFF RECOMMENDATION:

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

BACKGROUND:

The O-1 (Office Building) Zone is the City's general office zone, which allows for office development up to 3.0 FAR and 75 feet in height. The purpose of the zone is to provide for office space for a variety of office users, and to provide for a transition between general commercial and residential uses. The Zoning Ordinance was amended in 1989 by the Mayor and Council’s approval of Text Amendment Application T-92-88 to allow multifamily dwellings, at a density of up to 60 dwelling units per acre, as a permitted use in the O-1 Zone. The O-1 Zone regulations were modified in 1991 through adoption of T-111-90 to create an optional method of development that allows multifamily dwellings at densities from 60 to 100 dwelling units per acre, if approved by the Planning Commission. Although both of these text amendments were filed by the owner of the O-1 property at the southwest corner of Veirs Mill Road and First Street, the optional method was a staff recommendation. Developments approved under the optional method of development must meet certain additional requirements, including provision of 15 percent of the units as Moderately Priced Dwelling Units (MPDUs) in return for a density bonus of a maximum of 22 units; provision of ten percent of the parcel as landscaped open space; mitigation of traffic impacts resulting in unsatisfactory levels of service as defined by the City's Standard Traffic Methodology; and compliance with applicable urban design guidelines, among others. The optional method criteria also include requirements for underground parking, submission of a solar access study and more stringent setback requirements of 25 feet from each property line.

Most of the land in the O-1 Zone is located along the south side of East Jefferson Street from just west of its intersection with South Washington Street and continuing along Rockville Pike to Richard Montgomery Drive. It also includes the triangular-shaped property at the southwest corner of Veirs Mill Road and First Street. Potentially affected properties include: the Jefferson Law Center, the historic homes used as law offices on South Washington Street, most of the City Hall property, Rockville Regional Library, the County Council Office Building and parking garage, the jurors' lot property, the Jefferson Plaza office building, the Sandy Spring Bank office building and vacant property, and the Barrister Place office townhouses on Rockville Pike (See Attachment).

PROPOSAL:

The applicant, the contract purchaser of the property located at the southwest corner of the intersection of Veirs Mill Road and First Street, initially submitted the text amendment for Sections 25-326(b) 4, 5 and 6, relating to the optional method of development allowing high-density multifamily development in the O-1 Zone. The applicant originally proposed to delete the following requirements pertaining to the optional method of development in the O-1 Zone:

The application was accepted for further processing by the Mayor and Council and referred to the Planning Commission for further review on December 13, 1999. Upon discussions with staff, the applicant modified the request to allow Section 25-326(b)(4) to read as follows:

(4) At least seventy-five percent of all parking shall be underground or in a structured parking facility.

This is in lieu of a request to delete this item entirely. The applicant has also agreed to withdraw the request to delete the requirement for a solar access study (Section 25-326(b)(5). The applicant continues to request deletion of Section 25-326(b)(6) relating to setbacks.

ANALYSIS:

Staff Observations and Assessment

The applicant's primary justification appears to be related to developing under the optional method on a specific property. However, the three criteria proposed to be deleted are intended to address aesthetic concerns and potential neighborhood compatibility issues of developing high density residential development adjacent to or in close proximity to existing residences.

Underground Parking Requirement

The underground parking requirement found in the optional method standards for the O-1 Zone was derived from the requirement in the RPR (Rockville Pike Residential) Zone, which states:

"Within the RPR Zone, seventy-five (75) percent of all off-street parking spaces shall be located underground or in an enclosed structure."

The intent of this provision in the RPR Zone restricts the amount of surface and open structured parking lots that could potentially be constructed, enhancing the visual character and architectural quality of the new residential community. Given the fact that up to 60 dwelling units per acre (du/ac) is possible in the RPR, those densities would likely prompt structured parking. The visual impact of such structures would be limited if they were provided underground or in completely enclosed structures.

As proposed by the applicant, structured parking would be permitted either as an underground facility or as a structured facility. Staff is supportive of the concept, as it would afford potential developers flexibility in responding to specific site conditions to achieve the structured parking requirement as well as be consistent with other sections of the Zoning Ordinance. Visual impacts on adjacent development may still be reduced through one of two ways ­ application of the solar access study and the increased urban design review required under the optional method. The solar access study that is required must show that no proposed structure may cast a shadow on existing or approved structures between 10:00 am and 2:00 pm on December 21, the period of longest shadow. Urban design review is based on design standards contained in the applicable plan, which would be either the Town Center chapter of the Master Plan, as may be amended, or the Rockville Pike Corridor Neighborhood Plan, depending on the location of the property. Staff believes that sufficient design review requirements exist in the Ordinance to ensure that visual impacts of any structures are reduced, and supports the applicant's request.

Elimination of 25-foot Setback Requirement

The applicant has proposed elimination of the requirement that all structures constructed under the optional method and containing residential units, provide a 25-foot building setback from all property lines. The intent of this provision is to prohibit large residential structures from being located very close to property lines where adjacent development may be of a smaller scale, particularly single family residential units.

Normal setback requirements in the O-1 Zone for office structures, for residential structures containing up to 60 du/ac (which may be constructed as a matter of right) are summarized in the following table. For comparison purposes, the setbacks associated with the optional method as they currently exist, as well as the setbacks that would apply under the applicant's proposal, are also included.

*No setback is required from the abutting railroad right-of-way.

As this chart indicates, the effect of the proposed text amendment is somewhat limited, as removing the provision will not eliminate all setbacks in the O-1 Zone. Section 25-326(b)(6) is intended to supplement the setbacks for the O-1 Zone shown in the Table of Development Standards (Section 25-311), which would still apply even if the optional method setback requirement was eliminated. Adjacent residential development would continue to be protected by the standards that apply in the O-1 Zone for abutting residential property. The applicant's proposal would reduce the setbacks required under the optional method as follows:

Staff does not support reducing the front yard setbacks for residential development under the O-1 optional method to zero feet. Although office development and residential development up to 60 du/ac could be constructed with no setback adjacent to the public right-of-way, a minimal setback adjacent to the public right-of-way is desirable from an urban design perspective as well as to afford some relief to the future residents of the development. Staff therefore supports a minimum setback from property lines of 10 feet. The implications of reducing the setback adjacent to nonresidential development would appear to be minimal, as the requirement would be the same between two non-residential properties in the O-1 Zone (15 feet).

Recommendation

Based on the preceding comments, staff recommends approval of the amended proposal as follows:

Section 25-326. Special development standards for multifamily dwellings in the O-1 Zone.

(a) Limitation on number of units. Multifamily dwellings...

(b) Optional method of development. Use of the optional method...shall be subject to the following additional modifications and requirements:       

(1)   Notwithstanding the provisions...

(2)   A minimum record lot of one (1) acre...

(3)   At least ten (10) percent of the parcel shall be landscaped open space.

(4)   At least seventy-five percent of all parking shall be underground or in a structured parking facility.

(5)   The applicant shall submit a solar access study...

(6)   Any portion of a building containing residential units shall be set back at least ten (10) twenty-five (25) feet from all property lines. This requirement supplements and shall not be construed to supersede any other greater setback requirements applicable to the parcel.

/rjw

Attachments

1.                  Map of O-1 Zoned Properties

2.                  Application as Proposed

3.                  Supplemental Information from Applicant