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CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
SUBJECT:
Use Permit Application USE99-0600
Applicant: Realty Capital Partner, LLC
1600 Anderson Road
McLean, Virginia 22102Property Owner:
Sandy Spring National Bank of America
17801 Georgia Avenue
Oleny, Maryland 20832Property Location: 611 Rockville Pike, Rockville, Maryland 20852
Planning Commission Review Date: April 26, 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 Capital Partners, LLC, request to temporarily relocate the sites branch banking operation and customer drive-thru facilities elsewhere on site, as an interim measure while the subject property at 611 Rockville Pike is being redeveloped, approved by the Board of Appeals on April 8th 2000.
REQUEST:
In accordance with Section 25-193 of the City of Rockville Zoning Ordinance, the applicant submits the subject use permit and accompanying site development proposal. The applicant plans to temporarily relocate the sites existing branch banking operation and its drive-thru facilities to the northern area of the site, as in interim measure while the subject property is being redeveloped. Under the redevelopment proposal, the applicant plans to construct two (2) new office buildings, with accompanying surface and subsurface parking facilities. The proposed redevelopment of the site will take place in two (2) distinct phases. At the conclusion of the projects first phase of development, one of the two new office buildings is to be completed. When the first office building and its accompanying parking facilities, along with the branch banks permanent drive-thru facilities are all fully constructed, the branch banks business operation would be moved from the temporary banking facility and relocated to the newly constructed phase-one office building (See Exhibit 2).
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 development concerns have been satisfactorily addressed:
a. All proposed site development associated with the branch banks temporary and permanent drive-thru facilities, are to be constructed in accordance with the site and building plans submitted with previously approved SPX99-0283; and as modified by the Planning Commissions approval of the subject use permit application.
b. In accordance with Section 25-395 of the Zoning Ordinance, amend the project data notes on site plan sheet #A-1 to reflect the following: a) total number of bank employees and number of on-site parking spaces required and provided for said employees, b) general and professional office space parking requirements must be calculated at one space per 300 square feet of gross floor area, c) retail space parking requirements must be calculated at one space for each 200 square feet of gross lease-able space, and d) list total number of handicapped spaces required and provided.
Note: This information must reflect both phase one and two of the proposed site development project.
c. In accordance with Section 25-417 of the Ordinance, landscaping in the amount of two and one-half (2 ½) square feet per parking space shall be provided in each development containing more than 40 parking spaces. Reference on the sites landscape plan, the total square footage of landscaping required and provided per this section of the Ordinance.
d. Trees removed to accommodate the proposed site development must be replaced in accordance with applicable requirements of the City's Forest and Tree Preservation Ordinance. Note, all proposed site landscaping must be installed in accordance with landscape/forest conservation plan/s reviewed and approved by the City Forester.
e. Landscaping for the temporary banking site must be provided and approved in consultation with the City Forester or as maybe amended with the Planning Commissions approval of the projects use permit.
f. All proposed, electric, telephone, and other utility lines, cables, transformers and equipment lockers must be placed underground, per Section 25-437 of the Ordinance.
g. In consultation with the City's Chief of Traffic and Engineering, appropriate (on-site) traffic control signage must be installed in and around the entrance and terminus of the banks temporary and permanent drive-thru aisle locations, e.g., stop signs, pedestrian yield signs, do not enter, etc.
h. In accordance with Section 25-391(b), vehicles entering or exiting the proposed loading dock to be located at the northwestern (rear) edge of the site, fronting on Fleet Street, are prohibited from backing out directly into said public roadway.
i. The proposed load dock must be designed in accordance with Section 25-414(b) of the Ordinance, which requires each loading space provided shall have a minimum width of 12 feet, clearance height of at least 14 feet, and a depth of 50 feet in the event that tractor-trailer loading or unloading is reasonably likely.
j. In the event the projects use permit (if approved by the Planning Commission) expires and the proposed phase one-office building and accompanying on-site improvements are not constructed as proposed, the applicant or its assignee must close the temporary banking facility and suspend all operation within six (6) months of expiration of the use permit, or a new special exception application must be filed and granted by the Board of Appeals to insure the banking operation meets standard site development requirements, i.e., landscaping, site lighting, etc.
k. Upon completion of the sites phase one development and occupancy permits have been granted for the site branch banking operation, the temporary bank building/structure and accompanying site improvements must be removed within three (3) months of the banks relocation to its permanent office location. (Not to exceed two (2) years from the date the temporary bank opens).
2. The Department of Public Works (DPW) requires the following information must be provided and/or action taken:
a. Bonds must be posted and applicable permits obtained from DPW for public improvements, sediment control, and stormwater management (SWM).
b. Detailed engineering plans and computations supporting the on-site SWM facility must be submitted for DPW review and approval. Note, the proposed sand filter must be designed to accommodate 100% of the required SWM quality control for the entire proposed site build-out.
c. Applicant must submit a detailed phasing plan indicating how much impervious area will be created in proposed phase-one of the project and in total.
d. The proposed sand filter and underground storage vault must be located outside of the proposed parking structure near Richard Montgomery Drive. Also, maintenance access to the SWM facility shall not be obstructed by the drive-thru banking facilities.
e. Applicant must submit bond estimate for design and construction of total quantity control facility and the cost of regional SWM participation for phase-one of the project development. Whichever amount is greater, applicant must post a cash bond to ensure SWM will be provided.
f. Payment for regional SWM participation must be received prior to issuance of DPW permits.
g. Provide a storm drain study of the existing receiving system for the subject site to the discharge point at Mount Vernon Place in Elwood Smith Park.
h. Applicant must execute and record in the Montgomery County Office of Land Records a SWM Maintenance Easement/Agreement acceptable to the City Attorneys Office.
i. The proposed office buildings should be shifted westward, to the rear of the existing 8-inch sewer line located along the sites Rockville Pike street frontage. Clearly show the existing sewer line on proposed site development plan.
j. Additional streetlights must be provided and/or existing lights relocated near or within close proximity of all site driveway entrances.
k. Applicant will construct a raised concrete median in Richard Montgomery Drive, southwest of the site entrance, designed to accommodate vehicular stacking for motorist attempting to turn left into the subject site. If problems arise from conflicting movements between vehicles exiting/entering the site and vehicles along Richard Montgomery Drive, the traffic median/island must be reconfigured and lengthened, supplemented by a sign prohibiting left turns into the subject site entrance. The Director of Public Works will have the discretion to require said improvements be made (by the applicant or their assigns) prior to or after phase-two of the development project has been completed. Appropriate bonds must be posted by the applicant with DPW, for all work done in public rights-of-way.
l. Prior to the completion of phase-one of the development project, in consultation with DPW, the northbound left only turn lane on Richard Montgomery Drive at Rockville Pike will be reconfigured and re-striped by the applicant or their assigns.
m. The applicant will make a monetary contribution of $100,000 to mitigate traffic impacts created by the planned site redevelopment project. These funds will be used towards the extension of Fleet Street, starting from Mount Vernon Place and extending to Ritchie Parkway. Part or all of these funds may be used for other site area street improvements as may be identified by DPW.
n. An agreement must be executed between the applicant and the City of Rockville, requiring the applicant to make a contribution of ten (10) cents a square foot of gross floor area of the proposed site development, for a period of ten (10) years. These funds will be used for various programs designed to reduce the number and impact of vehicle trips generated within the subject site area. The funds will be used for the purpose of Transportation Demand Management (TDM) and the requested agreement will specify the timing and other requirements of future payments of the TDM fee.
o. The proposed southern site entrance on Fleet Street must be shifted to the north, so that it aligns with the internal drive aisle of the proposed phase-one parking garage.
p. The proposed northern site entrance on Fleet Street must be eliminated or redesigned to allow right-in/right-out ingress/egress via that entrance. Site distance concerns, coupled with its proximity to the planned site loading dock and Jefferson Plaza, make this site entrance potentially unsafe for vehicles attempting left turns in/out of this entrance and disruptive to traffic flow movements along this section of Fleet Street. Should DPW find the proposed redesign unacceptable, the entrance must be eliminated.
q. The loading dock may not be used between peak traffic periods, i.e., from 7:00 a.m. to 9:00 a.m. and between 4:00 p.m. to 6:00 p.m. An appropriate sign must be posted noting the restricted hours of use and the buildings management must strictly enforce said use restriction.
r. Proposed new street trees and other plantings must be installed so that the sight distance of motorist entering and exiting the site via Fleet Street is not obstructed or impeded.
s. The location of the loading/unloading zone to be located on the terrace level of the site must be clearly shown and demarcated on the site plan. This area should be designed to accommodate (light duty) delivery vehicles.
t. The following note should be added on site plan sheet #A-1: Bike racks and a shower facility will be provided for building occupants, and 5 percent of the site parking spaces will be striped for car/vanpools. Plan should be amended to reflect location of bike racks and spaces designed to accommodate car/van pool vehicles.
3. The Maryland State Highway Administration requires the following actions be taken:
a. Right-of-way dedication needs to be made on Md. Route 355 in accordance with the Master Plan.
b. The term denied access is to be placed on the propertys final record plat along the property that abuts Md. Route 355.
4. A forest conservation plan (FCP) must be submitted for review and approved by the City Forester. The proposed site landscape plans should be incorporated into the site FCP.
5. The following note must be added on site plan sheet #A-1: Construction will meet requirements of the Citys construction codes, life safety and fire codes, State of Maryland accessibility codes, and federal Americans with Disabilities Act (ADA) requirements.
ANALYSIS:
Property Description
The subject property has frontage on three (3) public streets, Rockville Pike on the north, Richard Montgomery Drive to the east, and Fleet Street to the south. 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 sites topography slopes pronouncedly from the propertys 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 subject property is approximately 116,984 square feet (2.68 acres) in size, zoned for O-1 (Office Building) land usage, with a potential for 350,952 square feet of office, i.e., 3.0 F.A.R. It is bounded to the north, east, and south by institutional and commercial land uses and to the east by governmental and non-governmental office uses. The properties to the north and east of the site are zoned for RPC (Rockville Pike Commercial) land usage, to the south R-60 (single family detached, residential), and to the west zoned for O-1 (Office Building) land usage.
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 use permit application and development proposal. The applicant plans to redevelop the subject property and construct two (2) freestanding office buildings and accompanying onsite-parking facilities. There will be surface structured parking to accommodate the planned site development. When fully redeveloped, vehicular access to the site will be via a single entrance on Richard Montgomery Drive and two entrances located on Fleet Street. The sites eastern most entrance on Richard Montgomery Drive, the existing entrance nearest Rockville Pike, will be eliminated. The other remaining entrance on Richard Montgomery Drive will be widen and redesigned. There will be two new entrances located on Fleet Street, which will provide direct vehicular access to/from the new parking structure/garage, which will be constructed in accordance with the phased development of the site.
The property will be redeveloped in two (2) distinct phases. Under the first phase of development, the applicant would vacate, discontinue use, and raze the existing office building which now houses a number of general professional offices and a Sandy Springs branch bank. Banking operations and its customer drive-thru facility would be the only existing site uses retained. The bank would be temporarily located in a modular/trailer type building structure, with on-site surface parking facilities for customers and employees provided. The temporary bank facility would have street access via a new vehicular site entrance on Fleet Street (See Exhibit 2). The temporary banking facility would continue to operate its customer drive-thru teller services while the first office building is being constructed..
The proposed office building constructed under the first phase of the site redevelopment project would be four (4) stories in height and have a gross floor area (GFA) of 90,625 square feet. The building will be located in the front (eastern) area of the site. The permanent drive thru-banking facility that will ultimately house the sites branch banking drive-thru operation, will be built and located at the rear of the phase-one office building ( See Exhibit 1). Also, under phase-one of the development project the applicant proposes to construct a total of 297 vehicular parking spaces, i.e., 45 spaces located on the proposed terrace level of the site, and the remaining 252 spaces located in the proposed parking garages upper and lower levels (See Exhibits 1,2,& 3).
Upon completion of the first phase office building and accompanying parking/garage facilities, all banking activities housed in the temporary structure would be terminated and relocated to new office accommodations in the newly completed office building. In accordance with previously approved SPX99-0283, the temporary branch bank building and its accompanying facilities would be removed to make way for the proposed phase-two component of the site redevelopment project. The branch bank and its new financial center would operate out of the first phase office building, supplemented by new drive-thru customer banking facilities, having three (3) drive aisles. 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.
Under the second and final phase of the site development project, the applicant would construct the last of the two (2) planned site office buildings. The second office building would be located in the western area of the site, where the temporary branch bank and customer drive-thru facilities were located during the phase-one sequence of the project. The phase-two office building will be five (5) stories in height, having a total gross floor area (GFA) of 96,075 square feet. Under this phase of the development project, the applicant proposes to construct 358 vehicle parking spaces, 64 located on the terrace level, and 294 located in the parking garage/structure. The applicant has noted in the subject request that the proposed second/last phase of the site development project will be initiated as market conditions dictate.
The applicant has committed to making a $100,000 cash contribution to be applied to respective site area, roadway improvement projects as identified by the Department of Public Works. The applicant has also agreed to pay ten (cents) per square foot of the gross floor area (GFA) of the proposed development per year, for a period of ten (10) years for various programs to reduce the number and impact of vehicular trips in the subject site area. Staff has also recommended and the applicant has agreed to make street frontage improvements on Richard Montgomery Drive which include but may not be limited to the following: a) construct a raised traffic median/island southwest of the sites terrace level entrance, to allow (protected) left turns from Richard Montgomery Drive, b) install a painted traffic median southeast of the site entrance, creating an area of refuge, for vehicles turning left out onto Richard Montgomery Drive, and c) construct and/or retrofit the afore noted raised concrete median, designed to deny left turn movements into that sites terrace entrance, if it is determined such turning movements are unsafe and disruptive to traffic flow movements along the site frontage segment of Richard Montgomery Drive.
Applicable Sections of the Zoning Ordinance & Staff Assessment
In accordance with Section 25-193 of the Ordinance a use permit shall be issued if the Planning Commission finds that the use proposed will not :
1. Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. 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. The existing office building located on the subject property was originally constructed in the mid 1960s. While the applicants proposal to fully redevelop the site, constructing two new freestanding office buildings, represents an intensification of the current site use, the property will continue to be used much as it has for the past 30 years. Staff has worked closely with the applicant in processing both the subject use permit application as well as the previously approved special exception (SPX99-0283). In its review of the subject application staff has worked with the applicant to insure that site generated traffic not pose a problem or create hazards on surrounding site area roadways. Of primary concern, is the design and location of all site entrances. Staff has recommended and the applicant has agreed to make a number of physical improvements and modifications along the sites Richard Montgomery Drive street frontage. The proposal to install raised medians to control left turning movements in and out of the sites terrace entrance on Richard Montgomery Drive is intend to reduce conflicts between vehicles entering/exiting the site and those traveling along the roadway. The applicant has also agreed to make monetary contributions that will be applied to respective street improvement projects deemed necessary to lessen the impact, of vehicular traffic generated by the planned site development could have on key site area roadways. Based on the applicants cooperative efforts in working with staff to develop the property in accordance with all applicable development regulations, staffs finds no evidence the planned site development would adversely impact the health and safety of persons working and/or living in the site area.
2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The subject office property is completely surrounded by commercial, institutional, and office land uses. The property does not and will not have vehicular access onto Rockville Pike. The property does and will continue to have vehicular access via Richard Montgomery Drive and Fleet Street. Under phase-one of the development project, vehicular access to the temporary branch bank and customer drive-thru facility will be via a new site entrance on Fleet Street. This new entrance as located, will be near a bend in the roadway, which will require vehicles exiting the temporary banking facility do so in a cautious manner (See Exhibit 2). To insure that vehicles exiting the site from that entrance on Fleet Street can do so in as safe a manner as possible, staff continues to recommend that new traffic control signs be installed along that area of the roadway. These new signs should serve to inform motorist to slow and be alert to vehicles entering the street from the subject and neighboring properties in the area. While this entrance will cease to be used by banking customers when the temporary banking facility is relocated to the new phase one office building, it will be redesigned and serve as the site entrance to the structured parking facilities constructed under phase-two of the planned site development project.
While the principal use of the property will be office use, there is to be ancillary retail uses located on the ground/terrace levels of each proposed building. The proposed site development is consistent with the O-1 zone and consistent with the character of the site area. If the property is developed in accordance with applicable requirements of the Ordinance and other associated land use regulations, the planned office development would not be detrimental to the public welfare or injurious to neighboring land uses and improvements. The applicant submitted a traffic impact study, which analyzed the impact site generated traffic would have on respective site area roadways and street intersections. Staffs review and assessment of the studys findings served to determine what level of improvements and/or monetary contributions the applicant should provide in order to mitigate (where possible) the impacts that site generated traffic will have on site area roadways. As previously noted, the applicant will be required to make improvements along the sites street frontages to insure that site vehicular ingress and egress is safe, efficient, and does not impede traffic flow in and around the subject site area. To mitigate adverse impacts on site area roadways and to insure that the (phased) office development does not overburden public improvements within the site area, the applicant has agreed to make a cash contribution that will be applied (as per DPW towards roadway improvement projects within the site area.).
Although the planned temporary relocation of the branch bank and drive thru facilities would not require major upgrade or retrofit of site utilities, such upgrades will be needed to accommodate the applicants full site redevelopment. The level of water and sewer services needed to accommodate the proposed overall site development, will be much greater than those that now serve the sites two (2) level office building. Existing storm drainage infrastructure located in and around the site area will need to be modified and or improved to accommodate additional stormwater runoff created by the planned site build-out. The applicant is currently working with DPW staff on its proposal to construct and install an on-site stormwater management facility, designed to accommodate the full site development.
There is no evidence that the availability and/or delivery of public services within the site area would be substantially altered or reduced by the planned site redevelopment. 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 the similar land uses located within the site area, i.e., office, institutional, and commercial land uses.
While its is anticipated that the new branch banking operation and facility will provide its customers a greater variety of services, it will continue to conduct business in a similar fashion as done for the past several years. Although there are no other similar financial institutions located within the immediate site area, those that are located further to the south on Rockville Pike should not be adversely impacted by the proposed temporary relocation and planned re-establishment of the sites 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. Also, due to the commercial nature of the planned site use, coupled with the existing land use and development patterns of the site area, it unlikely that existing residential densities in the surrounding site area will be altered.
3. Constitute a violation of any provision of the Zoning Ordinance or other applicable law. Upon full compliance with all of the recommended conditions of approval as referenced in this staff report, and/or as may be amended by the Planning Commissions action, the application request and accompanying development proposal should fully comply with all applicable provisions of the Ordinance and known law(s). 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 subject proposal incorporates the applicants recently approved special exception (SPX99-0238) which allows relocation of the sites branch banking and customer drive-thru facilities to a temporary location on site, pending full completion of phase-one of the proposed site development project. Staff finds that the development proposal as submitted fully complies with Sections 25-296 and Section 25-339(c) of the Ordinance.
Based on all of the afore noted factors, staff finds reasonable justification to recommend Use Permit USE99-0600 be approved subject to full compliance with the conditions referenced on page two thru six 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, at which time the request will be publicly heard and considered. Notices were sent to 189 property owners located within the site area. A list of addressees is contained in the projects file, available for public review and inspection.
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Attachments
Exhibit 1 Proposed Site Plan
Exhibit 2 Proposed Phase One Site Plan
Exhibit 3 Elevation Drawings
Exhibit 4 Landscape Plan Temporary Bank
Exhibit 5 Phase Two Landscape Plan
Exhibit 6 Proposed Final Landscape Plan