CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT

JUNE 23, 2000

SUBJECT:

PREVIOUS RELATED ACTION:

Use Permit U-95-78, Norman Tayler, a proposal to construct a 160,000 square foot, two (2) phased office building on proposed Lot 11 of the National Capital Research Park in the I-3 zone. Approved by the Director of Planning on August 16, 1978.

Variance Application A-90-79, Plaza 270 Associates, a zoning variance of 8 feet from the 50 feet setback requirement that on-site parking spaces are to maintain from public street rights-of-way in the I-3 zone. Approved by the Board of Appeals on October 6, 1979.

Variance Application A-179-83, Plaza 270 Associates, a zoning variance of 50 feet from the 100 feet front yard setback required in the I-3 zone, to construct a one-story parking deck in the northern area of the subject property. Approved by the Board of Appeals on September 10, 1983.

Use Permit Amendment U-95-78, Plaza 270 Associates, a proposal to construct an access ramp from the parking deck of Lot 16, National Capital Research Park, to the west parking lot on Lot 11. Also, reconfiguration of the west parking lot on Lot 11 to insure number of parking spaces approved under original Use Permit U-95-78 were maintained. Amendment approved by the Chief of Planning on December 2, 1988.

Variance Application APP99-0720, Plaza 270 Associates, a zoning variance of 100 feet requested from the "aggregate" 200-foot side yard setback requirement of the I-3 zone, to construct a proposed parking structure in the north side yard area of the subject property. Approved by the Board of Appeals on January 15th 2000.

REQUEST:

In accordance with Section 25-193 of the Zoning Ordinance, the applicant submits the subject use permit application, a proposal to construct an office building-addition and parking structure on the subject existing office property in the I-3 (Industrial Park) zone.

STAFF RECOMMENDATION:

Approval is recommended subject to the following conditions:

1. The applicant must submit to the Chief of Planning eleven (11) copies of the site and building plans revised to illustrate that the following site development issues have been satisfactorily addressed:

a. The proposed parking structure must be constructed in substantial accordance as represented in the previously approved Variance Application APP99-0720 e.g., height, size, and site placement/location.

b. Not less than 30 percent of the net lot area of the subject site shall be landscaped. The percentage of the total amount of existing and proposed site landscaping must be denoted on the projects "landscape and forest conservation plan" (ref. Section 25-438(a) of the Zoning Ordinance.

c. Correct note #1 under the general notes on the cover sheet of the landscape and forest conservation plan to read "existing zoning is I-3.

d. Under the site data on plan sheet 1 of 2 of the site development plan, the following information should be provided: a) proposed size (square footage) of the proposed office building addition and parking garage, b) total number of parking spaces provided in the garage, number of new surface spaces being created, and total number of handicapped spaces, all of which, being proposed under the subject Westat III site development.

e. Applicant's architectural plan submission must include building elevation drawings that reflect the design of the exterior of the building and materials used in the construction of the proposed office addition and parking garage facades, i.e., glass, metal, masonry, etc.

f. All proposed floor plans of the proposed parking structure should clearly denote the total number of parking spaces located on each respective level of that structure.
g. Construction must meet the requirements of the city's construction codes, state of Maryland's accessibility code, and American with Disabilities Act (ADA) federal requirements, and other applicable code and ordinance requirements.

h. Pending "final record plat" (PLT2000-00217) must be formally approved by the Planning Commission, consolidating Lot 11 and Lot 16, the properties subject of the use permit as submitted. The property consolidation is to be completed at the time of or immediately following the issuance the subject use permit for the proposed office building and parking structure, currently shown on Lot 11. Note, if the subject lots are not officially consolidated under one record plat, zoning variances from the rear yard setback and lot coverage requirements of the I-3 zone would be required in order for the office building addition and parking structure to be constructed as proposed (ref. APP99-0720).

2. The Department of Public Works (DPW) requires that the following information be provided and/or action taken:

a. Stormwater management (SWM), quality control measures must be provided for all impervious area being created with the proposed site development. Quantity control measures only have to be provided for the incremental increase in impervious site area.

b. If the applicant proposes to utilize an ownership plat for the subject property, separate water and sewer service must be provided for each ownership lot created by the ownership plat.

c. Water house connection and sewer house connection must be relocated in order to avoid existing and proposed building structures.

d. Applicant will provide stream stabilization work along the existing tributary located along the site's eastern most tract boundary area. All work done will be in consultation with DPW and the City's Environmental Specialist.

e. Bonds must be posted and appropriate permits must be obtained from DPW.

f. Construct an additional receiving lane on Research Boulevard at its intersection with Md. Route 28.

g. Applicant (Plaza 270 Associates) shall share in the cost of construction of the additional receiving lane, including, but not limited to any cost of right-of-way (r/w) acquisition, the cost of re-striping Md. Route 28, and the cost of traffic signal modifications. Applicant's share of the costs shall be in the amount of $100,000.

h. Applicant will advance the total cost of construction (up to $200,000) by (a) paying to the City of Rockville any right-of-way (r/w) acquisition costs, and (b) constructing the additional receiving lane within one (1) year after all necessary r/w and/or State Highway Administration (SHA) approvals have been acquired. Applicant will perform design work associated with the construction of the additional receiving lane. The City of Rockville (the City) will be responsible for acquiring needed r/w and applying for necessary SHA approvals.

i. The City will designate all traffic mitigation contributions required from future development within the site area (shown on Exhibit "1"), excluding (Transportation Demand Management - TDM contributions), to be paid to the applicant as reimbursement of the monies he or his assigns pay in connection with construction of the additional receiving lane, in excess of $100,000. The City shall have no obligation to reimburse the applicant other than from such developer traffic mitigation contributions.

j. Applicant shall post a bond in a form acceptable to the City Attorney, in the amount of $200,000 to ensure the satisfactory construction of the additional receiving lane. Upon completion of the additional receiving lane and acceptance by the City for maintenance, the bond shall be released in accordance with standard practice.

k. If the City fails to acquire necessary r/w and SHA approvals within three (3) years of the date of the issuance of the project's building permit, the applicant shall pay $100,000 to the City as a contribution to the future construction of the additional receiving lane and/or other road/traffic improvements determined by the City, in its sole discretion to be appropriate, and the City will release the $200,000 bond. If payment is made as specified in this condition, the applicant shall have no further obligations to fund the additional receiving lane, nor shall applicant be entitled to any reimbursement.

l. The applicant shall enter into an agreement, in a form acceptable to the City Attorney and to be recorded among the Land Records of Montgomery County, obligating the applicant and/or his assigns to contribute 50% of the cost of any future installation of a traffic signal at one of the site's entrances as approved by the Director of Public Works.

m. At the time the traffic signal is installed, but in no event later than two (2) years from the issuance of the project's occupancy permit, the applicant shall reconstruct both the north and south site entrances on Research Boulevard as directed by DPW.

n. In accordance with current City policy to promote the utilization of transit, pedestrian, and bicycle transportation modes to access new development, the applicant shall provide the following: a) annual TDM (traffic demand management) contribution of 10 cents per square foot of the proposed office space for a period of ten (10) years, i.e., $7,000 per year for 10 years, b) sidewalks connecting Research Boulevard with the main entrance to the building, c) carpool spaces situated at preferential (close-in) locations, d) bike racks and lockers, and e) relocate the existing transit bus stop and shelter now located near the site's southern entrance on Research Boulevard.
3. In review of the project's "landscape and forest conservation plan" the City Forester request the following information be provided and/or action taken:

a. Applicant must develop acceptable mitigation methods to limit impacts that may be created by the proposed parking structure's encroachment into the existing stream valley buffer, located to the north and east of the planned structure.

b. Applicant must receive Mayor and Council approval to eliminate and relocate 2,073 square feet of the existing conservation easement, the portion of the easement that the northeast corner of the proposed parking structure would overhang.

c. Applicant must execute, sign, and record a forest conservation easement. Note, said easement will be a modification of the existing conservation easement, due to the elimination and creation of new easement area.

d. Trees and other vegetative materials removed to accommodate the construction of proposed site and building improvements must be replaced in accordance with requirements of the City's Forest and Tree Preservation Ordinance.

ANALYSIS:

Property Description

The subject property, prior to lot consolidation, is made up of Lot 11, approximately 8.3 acres in size and Lot 16 approximately 6.8 acres. The property upon lot consolidation will total 15.1 acres (661,516 square feet). The subject site is located on the south side of Research Boulevard, and is approximately 1,300 feet northwest of the Md. Route 28 and Research Boulevard intersection. Lot 11 is currently developed with a four-story office building approximately 160,000 gross square feet in size. This office development is currently served by both surface and structured parking facilities, having a total 627 on-site parking spaces. Lot 11 currently shares inter-parcel access with neighboring Lot 16 to the south, which is also improved with a four-story office building. That office development is approximately 64,400 gross square feet in size and served by surface and structured parking facilities having a that total 240 on-site parking spaces (See Exhibit "3").

The applicant (Plaza 270 Associates) is the owner of Lots 11 and 16. The properties are located in the industrial park subdivision, known as the National Capital Research Park. The property is well landscaped and contains any array of mature trees and other vegetative materials, all ranging in species and size. The site's topography ranges from flat to gentle and pronounced sloping. The site's surface elevations along the property street frontage on Research Boulevard are substantially higher than the site's side and rear yard areas, thus causing the site to slope in a north-south direction. Vehicular access to the property is currently provided via site entrances onto Research Boulevard and via Route 28 through neighboring Lot 16.

Application Request & Project Proposal

The applicant plans to a construct a four (4) level office building addition, approximately 71,700 square feet in size, and an accompanying three (3) level 83,500 square foot parking structure. The proposed office addition will set atop the new proposed parking structure, and abut the southeast corner of the existing office building located on the subject property (See Exhibit "4"). In order to construct and site the new parking structure as proposed, located within 20 feet of the north side yard lot line, the applicant requested and was granted a zoning variance from side yard setback requirements of the I-3 (Industrial Park) zone (ref. APP99-0720).

In accordance with Section 25-311 of the Zoning Ordinance, building structures located in the I-3 zone are required to maintain a minimum side yard setback of 75 feet, with an aggregate total of 200 feet for both side yard setbacks. The proposed office building addition will be setback approximately 80 feet from the southern side yard lot line. The proposed parking garage, which will be located proximate to the northern side yard lot line, is required to maintain a minimum setback of 120 feet. The proposed parking structure as sited, at its closest point, is located approximately 20 feet from the site's north side yard lot line, thus requiring a setback variance of 100 feet from the afore noted setback requirement (ref. APP99-0720).

As one of several conditions of the Board of Appeals approval of Variance Application APP99-0720, Lot 11 and neighboring Lot 16 must be formally consolidated to create one single record lot. In accordance with said condition "final record plat" (PLT2000-00217) has been filed by the applicant to consolidate both lots. Once the consolidation is formally completed, the existing rear yard lot line that now formally separates the subject sites would be eliminated. The total site acreage needed to accommodate the added site coverage proposed under the applicant's building proposal, would also be provided (See Exhibit "2"). It is important to note that if the lots were not consolidated under a single record plat, the proposed building improvements could not be constructed as planned, unless the applicant were to pursue and be granted zoning additional variances from the rear yard setback and lot coverage restrictions of the I-3 zone.

The site development proposal as submitted, shows the northern and eastern sections of the proposed parking garage encroaching into an existing 125-foot wide stream valley buffer located along the eastern edge of the site (See Exhibit "4"). The applicant is currently working with staff to address impacts that the proposed parking garage encroachment might have on the buffer. The applicant has also agreed to work with staff to identify stream restoration and stabilization work that could be done to limit adverse impacts, that the stream located along the site's eastern boundary is having on the existing stormwater pond located to the east of the site.

The extreme northeast corner of the proposed parking garage will overhang into a portion (2,073 sq.ft.) of an existing conservation easement also located along the eastern edge of the site. In order to allow the building overhang into the easement, the applicant is currently working with staff to create additional conservation easement area, which would replace that portion of the easement impacted by the building overhang. Modifications to the easement requires approval y the Mayor and Council.
In addition to addressing such environmental site development concerns, the applicant is expected to mitigate (where practical), impacts that vehicular traffic generated by the planned office expansion will have on site area roadways. In prior meetings between the applicant and staff, it was determined that both site entrances on Research Boulevard should be reconstructed and reconfigured by the applicant. Said improvements are deemed necessary to improve vehicular site ingress/egress. Existing surface grades along the site's street frontage are relatively higher than those of the front, side, and rear yard areas of the site. The grade differentials between the street and site were found to impact the sight distance of motorist attempting to enter/exit the site via its entrances on Research Boulevard.

To further enhance site vehicular ingress/egress, staff also has recommended that the applicant contribute 50 percent of the cost of any future installation of a traffic signal at one of the site's entrances. A traffic signal would ensure that vehicles attempting to enter/exit the site could do so in a safe and efficient manner. Also, due to site distance concerns with the entrances on Research Boulevard, the applicant should agree to work with the City's Chief of Transportation and Traffic and the County's Department of Public Works & Transportation to relocate the existing bus-transit stop and shelter located near the southern site entrance (See Exhibit___). In it present location, buses stopping to allow passengers to board and alight, may create visual obstruction in the site lines of motorist attempting to enter/exit the site entrances.

In its review of the project's traffic study, staff determined that the intersection of Md. Route 28 and Research Boulevard would be the most impacted site area intersection. In consultation with staff, the applicant has agreed to construct and/or make a monetary contribution to construct a new receiving/acceleration lane on the eastside of northbound Research Boulevard, to accommodate traffic turning right from the Md. Route 28 and Research Boulevard intersection.

Applicable Section of the Zoning Ordinance & Staff Assessment

In accordance with Section 25-193 of the City of Rockville Zoning Ordinance, a use permit shall be issued if the Planning Commission finds that the use proposed in the application will not:

1. Affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use. The site's office development property was constructed in the late 1970's and has been in continuous use since that time. The proposed new office building addition and parking structure as proposed would be located in the rear area of the site (now lot 11). As located, the parking structure would be buffered along its northern side by an existing stream valley, which physically separates the subject site and the neighboring property to the north. Although the new parking structure is located relatively close to the stream valley, which is also 100-year floodplain, the structure does not physically encroach into the limits of the floodplain. However, the north and eastern corners of the parking garage does encroach into the existing stream buffer and a portion of an existing conservation easement in that area. The applicant is currently working with staff to determine what level of stream improvements will be needed to insure that the building structure does impact the stream.
Relative to vehicular traffic generated by the planned office expansion project, staff found no evidence that the traffic created by the planned site development would in any substantive way, adversely affect persons working in the site area. The property is located in an office park setting and is not in close proximity to any residential land uses. The applicant has agreed to make modifications to the site's Research Boulevard entrances, contribute towards the cost of installing a traffic signal at one of the site entrances, relocate the existing bus stop and shelter, all to ensure that vehicles entering/exiting the site via Research Boulevard may do safely. To further mitigate impacts that the planned office expansion's vehicular traffic would have on the Md. Route 28 and Research Boulevard, the applicant has agreed to fund and/or make physical improvements to that intersection.

2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood. Staff and the applicant have agreed on a concept and are working together to finalize mitigation of environmental impacts the proposed construction and placement of the building structures might have on the abutting stream and floodplain. Such mitigation efforts required of the applicant will include, but not be limited to stream stabilization and restoration improvements, upgrading or retrofitting the site's quality control facilities that now treat stormwater runoff generated by the site, the planting of new trees and other vegetation in and around the stream valley, etc.

Although the proposed parking structure will not be readily visible from the site's street frontage, the office building addition will be somewhat more prominent. Due to its proximity and site placement, the office addition would be most visible to its immediate neighbor to the southeast (Lot 10). Since it is expected that the proposed site building structures will be similar in design and constructed of like materials compatible to that of the existing (Westat I) office building, it is unlikely the proposed building structure would detract from the physical character of the neighboring office development. The existing "Westat I" office building is of masonry and glass construction. The subject property is substantially landscaped and contains a variety of mature trees. The presence of these mature trees will also serve as natural screening to mitigate and soften the visual presence of the proposed new building structures on site. As previously noted, the surface elevation of the rear area of the site where the proposed new building structures will be located is substantially lower than that of the front area of the property. The rear site placement, presence of the abutting stream valley located along the site's northern side yard lot line, physical distance between the subject and neighboring site developments, collectively serve reduce the likelihood the planned office expansion would be detrimental to current and future use of the surrounding properties.

It is important to note that the configuration of the property, along with the site's (Lot 11) existing layout serve to limit where the proposed parking structure and new office addition can be constructed on site. It is also evident that the shape of the property, coupled with the sloping topography of the site area, determined how the site was originally developed.

Constitute a violation of any provision of the Zoning Ordinance or applicable law/s. The development proposal as submitted complies with applicable requirements of the Ordinance. The subject use permit is also submitted in accordance with conditions of approval of Variance Application APP99-0720. Once all of the conditions of approval as recommended in this staff report have been addressed or as may be modified by the Planning Commission in its consideration of the subject application request, the proposed site development proposal will fully comply with all applicable requirements of the Ordinance.

Based on all of the afore noted factors, staff finds reasonable justification to recommend Use Permit USE2000-00606 be approved subject to the conditions referenced on pages two thru five of this staff report.

COMMUNITY NOTIFICATION PROCESS

Notification cards were sent to 177 property owners within the subject site area, informing them of the application request and pending Planning Commission review, where the request will be publicly heard and considered. A list of addresses is contained in the project's application file for public review and inspection.

List of Attachments:
Attachment "A" - APP99-0720 Approval Letter
Exhibit "1" - Site Area-Transportation Impacts
Exhibit "2" - PLT2000-00217- Plat of Consolidation
Exhibit "3" - Proposed Site Plan
Exhibit "4" - Proposed Site Building Improvements
Exhibits "5 & 6" - Landscape & FCP
Exhibit "7" - Floor Plan
Exhibits "8thru 12" - Building Elevation Drawings