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CITY
OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
July 20, 2000
SUBJECT: Use Permit
Amendment Application USA1996-0565A
Preliminary Development Plan Application PDP1994-0001C
Applicant: Pavilion
Partners, Inc.
255 Rockville Pike, Suite L-11
Rockville, Maryland 20850
Property Location: 199 East Montgomery Avenue
Planning Commission Review Date: July 26, 2000
PREVIOUS RELATED ACTION:
REQUEST:
In accordance with Section 25-191 of the City of Rockville Zoning and Planning Ordinance, the applicant has submitted a Use Permit request to allow a change- in-use from restaurant to office and health and fitness establishment on the second floor of the Rockville Center Retail Pavilion in the TCM-2 (Town Center Mixed Use-2) Zone. The application necessitates a minor amendment to the Preliminary Development Plan (PDP) approval to shift the office and fitness establishment uses to Block 5 and the restaurant uses to Block 1.
STAFF RECOMMENDATION:
Approval of the amendment to the Preliminary Development Plan (PDP) application, reallocating the approved uses as follows:
BLOCK LAND USES APPROVED
GROSS FLOOR AREA PROPOSED GROSS FLOOR AREA
1 Office
Retail
Retail (Restaurant)
Subtotal 403,461 SF
27,500 SF
430,961 SF 394,261 SF
27,500 SF
9,200 SF
430,961 SF
2 Office
Retail
Subtotal 480,375 SF
27,525 SF
507,900 SF 480,375 SF
27,525 SF
507,900 SF
3 Office
Retail
Subtotal 377,575 SF
27,750 SF
405,325 SF 377,575 SF
27,750 SF
405,325 SF
4 Residential
Retail 117 DU (min)
11,260 SF 117 DU (min)
11,260 SF
5 Retail (Restaurant)
Office
Retail
Theater 43,806 SF
67,370 SF 21,106 SF
9,200 SF
13,500 SF
67,370 SF
Office TOTAL
Retail TOTAL
Theater TOTAL
Residential TOTAL 1,261,411 SF
137,841 SF
67,370 SF
117 DU 1,261,411SF
137,841 SF
67,370 SF
117 DU
ANALYSIS:
Site Description
The subject property is located on the south side of East Montgomery Avenue between Maryland Avenue and Monroe Street. The subject site consists of 65,905 square feet (1.513 acres) and is located in the TCM-2 Zone. The property is improved with the Retail Pavilion, constructed as approved in Use Permit USE96-0565 for restaurant and theater use. The property also includes East Montgomery Avenue, which is located within a public use easement above the underground theaters. To the north across East Montgomery Avenue is the parking lot owned by Rockville Center, Inc. (RCI), the site of two future office buildings and the future Renaissance Street between them. To the east is the Rockville Metro promenade, to the south is the Montgomery County Judicial Center and to the west is Courthouse Square Park.
Background
In April of 1994, the Planning Commission approved Preliminary Development Plan PDP94-0001, authorizing redevelopment of the 8-acre former Rockville Mall site as a major mixed-use development. Approximately 1.5 million square feet of non-residential floor space and a residential component of at least 117 units were approved as part of the PDP. The site is zoned TCM-2, where the PDP is a voluntary optional method of development for mixed-use projects where development is intended to occur over long periods of time. In June of 1996, changes to the distribution and amount of density among the blocks of the PDP area were approved by the Planning Commission to facilitate the construction of the Retail Pavilion with underground theaters. Approved Use Permits within the PDP include the Retail Pavilion itself and the 16 story office and retail building approved by USE98-0583 at 196 East Montgomery Avenue.
Project Proposal
The applicant proposes to change the use of the second floor of the Retail Pavilion from restaurant use to 9,200 square feet of office use and a 13,500 square feet health and fitness establishment. The office space is proposed to be located on the second floor of the west side of the building, with the entrance from the corner of the building on Maryland Avenue. The health and fitness establishment is proposed to be located on the second floor of the east side of the building, with its entrance at the corner of the building on Monroe Street. The facility will also include a juice/snack bar.
An amendment to the PDP is necessary to reallocate the approved uses on each block in Rockville Center to accommodate the proposal, as the PDP did not include office or fitness facility on the Retail Pavilion block (Lot 5). The office floor area will be transferred from the approved development potential on the block known as Lot 1, which is currently occupied by the 255 Rockville Pike building. The health and fitness establishment floor area will be transferred as an approved use in the 255 Rockville Pike building. The final Phase of the Rockville Center development contemplates redeveloping that site into a high-rise office building with street-level retail. The second-floor restaurant space currently allotted to the Retail Pavilion will be transferred to the development potential for the Lot 1 parcel.
Staff Comments and Recommendation
Proposed Use and Design
The Retail Pavilion was envisioned as an evening and weekend activity location
in Rockville Center. While the proposed change in use to office and health and
fitness establishment from restaurant use moves away from this, the proposed
new uses should complement evening and weekend activities and surrounding uses.
A fitness center will complement nearby offices and draw from Metro commuters,
and therefore should attract activity both early and late in the day. New private
office space should provide additional users of the new and existing restaurants
and retail opportunities in Town Center. Clearly, restaurant use in the second
story spaces were envisioned as a complement to the theaters and other attractions
in Town Center. However, economic realities regarding second story restaurant
space appear not to support the concept. Staff notes that the second story outdoor
seating area that was to be located behind the Regal Cinemas vertical sign will
remain and serve as exterior space for the proposed uses, and will be physically
separated by construction of a wall.
Parking
The parking requirements for the Rockville Center PDP is based on the parking
standards that allow for shared parking based on the time of day for peak parking
demands for various uses within a PDP. As each phase is developed or modified,
the parking requirement for the entire PDP must be evaluated. Parking provided
anywhere in the project may count toward the required parking for existing and
proposed uses. Based on the existing development in the entire PDP, 906 spaces
would be required. As additional buildings are constructed, sufficient parking
must be provided.
Staff notes that the parking requirement for restaurant use is one space per
50 square feet of patron area, plus one space per two employees. The parking
requirement for office use is one space per 300 square feet of gross floor area,
while the requirement for health and fitness establishment is one space per
200 square feet of floor area. Therefore, the parking requirement for the total
development at this phase, based on Section 25-693(2) of the Zoning Ordinance,
will be 711 spaces with the change in use from restaurant to office and health
and fitness facility (See attachment). This compares with the required parking
of 906 spaces with the spaces in restaurant use, and represents a significant
decrease in required parking. It should help reduce any future problems with
parking supply as the pavilion approaches full occupancy. Based on the revised
PDP buildout, the ultimate required amount of parking spaces will be approximately
3,200.
Transportation
The traffic impact of the change in use decreases slightly. An additional 14
AM peak hour trips will be generated, while a decrease of approximately 22 PM
peak hour trips will be generated. Therefore this very minor change in the amount
of trips would not generate any mitigation beyond what has already been completed
for the building. Staff notes that, similar to a CPD Concept Plan, the traffic
impact of a PDP is evaluated at the time of application. For Rockville Center,
the PDP approval outlined a series of traffic improvements and the implementation
of Transportation Demand Management (TDM) tied to each phase of the development.
The transportation improvements associated with the Retail Pavilion have been
completed.
Landscaping and Forest Conservation
No landscaping or forest conservation issues are associated with the application.
However, the applicant is required to install planters outside the arcade along
East Montgomery Avenue as part of the approved Use Permit. These planters are
to be round, three feet in diameter, and have not been installed to date. The
applicant had previously requested substitution of these planters with smaller,
square planters that measure two feet by two feet. Staff finds that, now that
restaurants are beginning to occupy the outdoor seating area, there is an opportunity
to clarify the nature and location of these planters. Although the restaurant
tenants are responsible for providing the planters, they should be consistent
and coordinated. Staff therefore recommends that modifications to the landscape
plan be approved by the Planning Commission, and that they be installed prior
to the next growing season, regardless of whether all restaurant tenants are
operating.
Public Notification
Postcard notifications of this meeting were sent to property owners in the blocks surrounding the Retail Pavilion. In addition, notification letters were sent to the Presidents of the Victoria Condominium Association, the East Rockville Citizens Association, the West End Citizens Association, the Lincoln Park Civic Association, as well as the Americana Center Condominium Association.
Conclusion
Based on all of the noted factors, staff finds adequate justification to recommend approval of Use Permit Amendment USA1996-0565A and Preliminary Development Plan Amendment Application PDP1994-0001C, subject to the conditions referenced on page two and three of this staff report.
/rjw
Attachments
1. Vicinity Map
2. Site Plan
3. Application Request and Documentation
4. Parking Calculation