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October 5, 2000
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
Olney, Maryland 20832Property Location: 611 Rockville Pike, Rockville, Maryland 20852
Planning Commission Review Date: October 11, 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 site's banking operation and its 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.
Special Exception Application SPX2000-00289, Realty Capital Partners, LLC, request to modify previously approved SPX99-0283. Said request seeks approval to temporarily relocate the site's banking operation and drive-thru facilities elsewhere on site as an interim measure, in two phases, while the property is being redeveloped with a new office building, structured parking facilities, and permanent drive-thru facilities for the site's branch banking operation. (PENDING BOARD OF APPEALS REVIEW & CONSIDERATION ON OCTOBER 11, 2000)
REQUEST:
The subject request was heard and considered by the Planning Commission on April 26th 2000. The Commission voted to defer final action on the request to allow the applicant additional time to submit added traffic assessment information on the planned site development.
Also, in an effort to address site development issues and concerns raised by staff, the Board of Appeals, and the Commission in its reviews of previously approved SPX99-0283 and the subject request as initially submitted, the applicant amended the site development proposal.
The applicant plans to temporarily
relocate the site's existing branch banking operation and its drive-thru facilities
as in interim measure while the subject property is being redeveloped. Once
the bank and its drive-thru have been moved to its temporary facilities, the
existing office building would be razed and the eastern and southeastern areas
of the site readied for the new site development. In lieu of constructing two
new office buildings, only one would be constructed. Under the amended redevelopment
proposal, the applicant would construct a new five-story office building, structured
parking facilities, and new (permanent) branch bank drive-thru facilities. The
proposed project is be developed in a continuous construction sequence and not
phased as initially proposed.
STAFF RECOMMENDATION:
Staff recommends the application request be approved 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 the following development concerns have been satisfactorily addressed:
a. All proposed site development and improvements for the bank's proposed temporary and permanent drive-thru facilities must to be constructed in accordance with the site and building plans submitted with SPX2000-00289; and with other conditions contained in this approval.
b. In accordance with Section 25-395 of the Zoning Ordinance, amend the "project data" notes on plan site A-1 to reflect the following: a) the total number of bank employees and the total number of site parking spaces required and to be provided for said employees, b) general and professional office space parking requirements calculated at one space per 300 square feet of gross floor area, c) retail space parking requirements calculated at one space for each 200 square feet of gross leasable space, and d) total number of handicapped spaces required and provided.
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. Add a note on the site's landscape plan listing 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.
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 Transportation, appropriate (on-site) traffic control signage must 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.
h. In accordance with Section 25-391(b) of the Zoning Ordinance, vehicles exiting the proposed building's loading dock, fronting on Fleet Street, are prohibited from backing out directly into the public roadway.
i. The proposed loading 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 minimum depth of 50 feet, in the event that tractor-trailer loading or unloading is reasonably likely."
2. The Department of Public Works (DPW) requires the following information be provided and/or actions 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. 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.
d. Applicant must submit bond estimate for design and construction of total quantity control facility.
e. Payment for regional SWM participation must be received prior to issuance of DPW permits.
f. 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.
g. Applicant must execute and record in the Montgomery County Office of Land Records a SWM Maintenance Easement/Agreement acceptable to the City Attorney's Office.
h. Show the existing 8-inch sewer line located along the site's Rockville Pike street frontage, on the proposed site development plan.
i. Additional streetlights must be provided and/or existing lights relocated, near or within close proximity of all site driveway entrances.
j. A raised concrete median and modified lane configuration along Richard Montgomery Drive must be constructed. The implementation of this improvement will be made in two (2) phases.
- In the first phase, an island will be constructed in Richard Montgomery Drive, southwest of the site's terrace driveway, allowing for two cars to stack when making the left turn onto the site's terrace level parking. A painted island will be placed southeast of the site's terrace driveway, providing an area of refuge for vehicles leaving the site.
- At the sole discretion of the Director of Public Works, a second phase may be required for the completion of this improvement. In the second phase, the island will be reconfigured and a sign placed to prohibit left-turns onto the upper level parking deck; and
- The Director of Public Works may require the applicant to build the second phase of the raised median at any time during project construction, up until six (6) months after the full occupancy of the site. The applicant must set a bond for both phases. The bond will not be released until both phases are constructed or six (6) months after full occupancy of the site, whichever comes first.
k. A contribution of $200,000 will be required from the applicant to mitigate their impact on the adjacent roadway network. This contribution will be in the form of cash, or the value of physical improvements/public services at the sole discretion of the Director of Public Works. This monetary contribution is in addition to all other needed contributions identified in the "traffic/transportation impact review" memorandum dated October 3, 2000 addressed to Castor Chasten, from DPW -Transportation Division staff. These funds must be paid to the City of Rockville prior to the issuance of a building permit. The use of these funds will be reserved 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 the Department of Public Works (DPW). If the street improvements are other than the possible alternative improvements presented to the Planning Commission for this application, DPW will have to present final improvements to the Planning Commission.
l. In agreement with current City policies to encourage the use of alternative modes of transportation, as opposed to driving alone, which helps to mitigate impacts where no physical improvements could be identified, the applicant must provide the following incentives or contributions:
- An agreement must be executed between the applicant and the City of Rockville before the issuance of a building permit. This agreement will require 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 (i.e., approximately $1,580/year for 10 years). The funds will be used for various programs designed to reduce the number and impact of vehicles within the subject site planning 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. These fees will be incorporated to the TDM capital improvement program funds of the City.
- Provide a minimum of 12 bicycle racks/lockers at a convenient and safe location, as approved by DPW at the time of engineering review.
- Provide a shower facility for employees; and
- Reserve 5 percent of on-site parking spaces for car/vanpools, in priority locations.
- As part of implementing the afore noted conditions, the applicant must add the following note on site plan site #A1: "A minimum of twelve (12) bicycle racks/lockers and a shower facility will be provided for building occupants, and 5 percent of the site's parking spaces will be designated for car/vanpools." Plans should be amended to reflect location of bike racks/lockers and spaces designed to accommodate car/vanpool vehicles.
m. Construct a four-(4) foot wide sidewalk along the property line abutting Fleet Street as shown on the site plans.
n. In order to mitigate potential safety hazards related to the proposed building's loading dock, the applicant must implement the following measures:
- Prohibit use of the loading dock during peak traffic periods (i.e., 7:00 -9:00 a.m. and 4:00 - 6:00 p.m.). Appropriate signage must be posted noting the restricted hours of use and the building's management must strictly enforce said use restriction.
- The applicant will also be responsible for adequate signage (implement or reimburse the City of Rockville for fabrication and installation of the necessary signs) to warn drivers of truck movements, or other traffic operation restrictions adjacent to the loading dock area.
- Provide a delivery zone at the terrace level for courier type delivery trucks. This delivery zone will also accommodate deliveries to the bank, by providing the shortest path from delivery vehicle to the branch bank.
- Proposed trees and other landscape materials must be planted/installed so as not to cause sight distance limitations at the curb along Fleet Street.
3. The Maryland State Highway Administration requires the following actions be taken: The term "denied access' is to be placed on the property's final record plat along the property that abuts Md. Route 355.
4. The City Forester must formally approve the project's forest conservation (FCP) and landscape plan/s. Note, the site landscape plans should be incorporated and/or coordinated with the FCP.
5. The following note must be added on he site plan sheet A-1: "Construction will meet requirements of the City's 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 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 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. The applicant plans to fully redevelop
the subject property and construct a new five story office building, accompanying
structured parking facilities, and new customer drive-thru facilities for the
site's branch banking operation. The proposed office building would have a gross
square footage of 158,130 square feet. When fully redeveloped, vehicular access
to the site will be via single entrances on Richard Montgomery Drive and Fleet
Street. The site's easternmost 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. The existing entrance
on Fleet Street will be eliminated, replaced by a new entrance that will provide
direct vehicular access to/from to the new parking structure/garage.
The applicant proposes to develop the site under a continuous construction sequence
and not phased as initially proposed. The applicant plans to temporarily locate
the site's branch bank and customer drive-thru facilities to the northern area
of the site (See Exhibit"2"). Once the bank has been moved to its
temporary facilities, the applicant would vacate and raze the existing office
building which now houses a number of general professional offices and a Sandy
Spring's branch bank. Banking operations 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 access via a new vehicular site
entrance on Fleet Street.
When the steel framing of the new office is complete and the respective portion of the parking garage is constructed up to the terrace level, the applicant would move the temporary banking facility to the terrace level of the development (See Exhibit "3"). The temporary banking operation and drive-thru would operate on the terrace level of the parking deck, adjacent to the bank's (new) but yet unfinished permanent drive thru facility, while the remainder of the project is completed.
After the temporary bank and drive-thru facility are relocated to the terrace level of the parking deck, the northern site area where the facility was previously located, will be re-graded and readied for the full completion of the site's proposed parking structure. The branch bank and its customer drive-thru would operate on the terrace level of the parking deck until the office is fully constructed and the last segment of the parking garage constructed. Once completed, the site's branch banking operation would be re-established in the new office building and its customer drive-thru activities housed in its new permanent facilities.
The branch bank and its new financial center will be located on the ground level of the new 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. The bank's new drive-thru facility will be constructed of building materials similar in make, color, and quality to that of the proposed new office building. Both, the office building and new permanent drive-thru facility will be of masonry construction and have brick exterior facades.
A mix of retail and office uses will be located on the ground floor of the new office building, with the remaining upper four levels of the building devoted strictly to office uses. The 158,130 square foot office building will contain approximately 26,733 square feet of retail space and 127,665 square feet of office space. The planned new parking structure has been design to accommodate 559 vehicles.
Staff has recommended and the applicant has committed to making a monetary 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) a square foot of the gross floor area (GFA) of the proposed development, 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 site's 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, so that they can safely merge into traffic, and c) construct a raised concrete median that denies left turn movements into that site's terrace entrance, if it is determined such turning movements are unsafe and disruptive to the traffic flow of east and west bound motorist.
The City's Traffic & Transportation Division (DPW) staff completed a "traffic/transportation impact review" pertaining to the planned site development, as requested by the Planning Commission at its April 26th 2000 meeting.
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 proposed use 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 property was constructed in the mid 1960s. While the applicant's proposal to fully redevelop the site 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 the subject use permit, previously approved special exception SPX99-0283, and pending SPX2000-0289. The applicant amended the initial project proposal, attempting to address concerns raised by staff, the Planning Commission, and Board of Appeals. The proposal to construct one office building and not two as initially planned, the elimination of multiple site entrances on Fleet Street, and redesign of the parking garage to allow vehicular access between the terrace level and lower levels, were all found to be sound site design elements. Staff has also recommended and the applicant has agreed to make a number of physical improvements and modifications along the site's Richard Montgomery Drive street frontage. The proposal to install raised medians to control left turning movements in and out of the site's terrace entrance on Richard Montgomery Drive is intended to reduce conflicts between vehicles entering/exiting the site and those traveling along the roadway.
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. There is no evidence the temporary banking facility and its drive-thru would be detrimental to the current use or future development of neighboring properties. Once built-out the new office development will be in keeping with the office zone in which it is located. The applicant submitted a traffic impact study, which analyzes the impact of projected site generated traffic on respective site area roadways and street intersections. From staff's review and assessment of the study's findings, a number of area roadway improvements and/or monetary contributions have been identified. Staff has recommended that the applicant be responsible for such contributions and/or improvements, in order to mitigate (where possible) impacts that site generated traffic will have on site area roadways. Specifically, staff has recommended the applicant be required to make improvements along the site's 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 insure that the new office building and the bank's new office operations and accompanying drive-thru facility do not overburden public improvements within the site area, staff has recommended a number of mitigation efforts as identified in the supplemental traffic analysis prepared by the City's Traffic and Transportation Division staff dated October 3, 2000.
Staff also notes that the level of water and sewer services needed to accommodate the proposed site development will be much greater than those that now serve the site's two level office building. Existing storm drainage infrastructure located in and around the subject site will need to be modified and/or improved as determined by DPW, in order to accommodate additional stormwater runoff created by the planned site development. The applicant is currently working with DPW staff on its proposal to construct and install an on-site stormwater management facility to accommodate the full site development.
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 Commission's action, the application request and accompanying development proposal should fully comply with all applicable provisions of the Ordinance and know 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 application and accompanying development proposal is found to be in substantial accordance with the project's recently approved and pending special exception proposals (SPX99-0283 &SPX2000-00289), as it incorporates the site's planned temporary and permanent drive-thru banking facilities.
Based on all of the afore noted factors, staff finds reasonable justification to recommend Use Permit USE99-0600 Exception SPX99-0283 be approved subject to compliance with the conditions referenced on pages 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 793 property owners located within the site area. A list of addressees is contained in the project's file, available for public review and inspection.
/cdc
Attachments
Attachment "A" - P.C. Decision Letter
Exhibit "1" - Rendering of Proposed Building
Exhibit "2" - Temp.Bank & Drive-Thru Location
Exhibit "3" - Plan of Partial Site Build-Out
Exhibit "4 & 5" - Proposed Site Layout
Exhibit "6" - Landscape Plan
Exhibit "7" - FCP Plan
Exhibit "8" - Ground Floor of Building
Exhibit "9" - Typical Floor Plan
Exhibits "10 thru 12" - Building Elevations