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CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
MARCH 16, 2000
SUBJECT:
Use Permit Application USE1999-0603
Applicant: Don V. Hinton
L and T, L.L.C.
200-B Monroe Street
Rockville, Maryland 20850Property Owner:
Edward C. Bou, Gloria B. Kelly, & Antoinette K. Nee
c/o Edward C. Bou, Esquire
1700 K Street, #1301 MCKI, Northwest
Washington, D.C. 20006-3817Counsel:
Jody S. Kline, Esquire
Miller, Miller, & Canby
200-B Monroe Street
Rockville, Maryland 20850Property Location: Northeast quadrant of Chapman and Bou Avenues
Planning Commission Review Date: March 22, 2000
PREVIOUS RELATED ACTION:
· Annexation Petition ANX97-0125, Edward Bou, Gloria Kelly, and Antoinette Nee, a request to annex approximately 2.46 acres of land from Montgomery County into the City of Rockville. Subject property located at the northeast quadrant of Chapman Avenue and Bou Avenue. Annexation approved by the Mayor and City Council on July 12, 1999 and assigned the RPC (Rockville Pike Commercial) zoning classification.
· Special Exception SPX98-0269, L & T, L.L.C., a request to develop the subject property for the use and operation of a mechanical and self-serve car wash facility located in the RPC (Rockville Pike Commercial) zone. Approved by the Board of Appeals on June 5th 1999, which became effective 45 days after the Mayor & Councils July 12, 1999 approval of ANX97-0125.
REQUEST:
In accordance with Section 25-193 of the City of Rockville Zoning Ordinance the applicant submits the subject use permit application, a proposal to develop the subject property for the operation of a mechanical and self-serve car wash facility within the RPC (Rockville Pike Commercial) 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 following notes are to be added on the site grading and layout plan: a) The business use will be operated in substantial accordance with the descriptions and representations set forth in the applicants previously approved Special Exception SPX98-0269, i.e., hours of operation, number of employees, monitoring of customer vehicles to insure customer vehicles waiting for service do not form queues into abutting public street rights-of-ways, etc. b) The applicant and/or his assigns will comply with all agreements and terms of the propertys annexation agreement, associated with the Mayor and Councils approval of Annexation Petition ANX97-0125.
b. The project must be developed in accordance with requirements of the city's Forest and Tree Preservation Ordinance. The proposed site landscape plan should be incorporated and/or coordinated with the site's Forest Conservation Plan.
c. In accordance with Section 25-438(d) of the City's Zoning Ordinance, not less than 10 percent of the net lot area of the subject property must be landscaped. The landscape plans must denote the percentage of site landscaping required and provided. Also, the applicant must replace any plantings that may be removed to accommodate future site frontage roadway widening and improvements, insuring the subject site complies with requirements of the Ordinance.
d. In addition to proposed plantings, if fencing is to be provided along the sites northern property line, an elevation drawing denoting the height and type of fence to be constructed along said lot line should be provided on the landscape plan.
e. All activities related to the car wash business must take place on the site and not on public street rights-of-way.
f. The applicant will make a monetary contribution in the amount of $30,000 payable to the City of Rockville for street improvements, including the construction of sidewalk on the site's Chapman Avenue and Bou Avenue street frontages and for construction of a bike trail along the west-side of Chapman Avenue, the section located between Twinbrook Parkway and Bou Avenue. This monetary contribution will be held in escrow and later forwarded to Montgomery County at the time these two streets are improved, widen, and reconstructed in accordance with County public street standards.
g. Applicant will make a yearly payment to the City of Rockville of ten (10) cents a square foot of proposed building space, for a period of ten (10) years, to be applied toward a transportation management. Payment will commence at the time occupancy permits are issued for the proposed applicant business.
h. Add the following note to the proposed site lighting plan: Proposed site lighting will be installed and directed inward on the subject site, so as to not create glare on the planned residential (apartments) units that will be constructed on the neighboring Montrose Crossing Shopping Center to the south of the subject site, or other existing and planned uses on adjacent sites.
i. The five (5) foot future right-of-way dedication along the sites Bou Avenue frontage must be clearly shown and denoted on the site grading and layout plan.
2. The Department of Public Works (DPW) requires the following information be provided and/or action taken:
a. Post bonds and obtain applicable permits from DPW for public improvements, sediment control, and stormwater management.
b. On-site stormwater management must be designed for both quantity and quality control. Note, wash water used in the operation of the proposed business facility must be recycled.
c. Appropriate permits must be obtained from Montgomery County Department of Public Works & Transportation for work within county rights-of-way (r/w) and for connection to county storm drain system.
d. In accordance with previously approved SPX98-0269 and ANX97-0125, appropriate street right-of-way must be dedicated on Rollins, Chapman, and Bou Avenues. Note, in the event Montgomery County widens Bou Avenue along the southeastern side of the property in an amount greater than 35 feet from the center line of Bou Avenue, the subject property owner/s or their assigns, shall negotiate diligently and in good faith with the County, so that it may purchase an additional five (5) feet of right-of-way from the subject property, for the planned construction of the Countys Bou Avenue-Nebel Street extension project.
e. Sidewalk must be provided within the citys r/w on Rollins Avenue and the site entrance constructed per City of Rockville design standards.
f. Traffic control and markings on Rollins Avenue will be determined and directed by DPW.
3. In accordance with the City Forest and Tree Preservation Ordinance, the City Forester requests the applicant submit a forest conservation plan for review and approval. At issue with the subject development proposal, is the need for off-site reforestation requirements and the difficulty of finding locations for such reforestation.
ANALYSIS:
Property Description
The property is identified as Part of Parcel "C" located in the Washington-Rockville Industrial Park subdivision, recorded in Plat Book 71, Plat No. 6708, Liber 4911, Folio 245. The property is located in the northeast quadrant of the intersection of Chapman and Bou Avenue. The property is approximately 2.46 acres in size and zoned RPC (Rockville Pike Commercial). As previously noted the subject property was officially annexed into the city from the county on July 12th 1999, which became effective forty-five (45) days after the Mayor and Councils adoption of the resolution formally approving the annexation request (See Attachment C).
The property is located at the southeastern edge of the City's corporate limits. The property which is triangular in shape, will eventually have frontage on three (3) public streets, Rollins, Chapman, and (when extended) Bou Avenues. The subject property was originally developed and used for many years as an overflow customer parking lot for the now defunct retailer, the W. Bell Company. While the site is no longer used for vehicular parking, the property's surface area is still covered primarily with macadam and bituminous concrete pavement. Although the site is substantially paved, there is an array of mature trees and other vegetative material located in various areas of the site.
The property is bound on the north, west, and south by commercial, retail, office, and to a lesser extent some service industrial land uses, and east by wooded area that serves as a natural buffer between the site and active railroad right-of-way serving Metrorail, Amtrak, MARC, and Conrail train traffic. The properties to the north are zoned for RPC (Rockville Pike Commercial) land usage. The County property to the south (the Montrose Crossing Shopping Center) is zoned for RMX-3C (Residential-Mixed Use, Regional Center-Commercial Base) land usage, while the County property to the west is zoned for C-4 (Limited Commercial) land usage.
The subject property is relatively flat, with some sloping in a west to east direction. It should be noted that most, if not all of the existing mature trees and other vegetative material now located on the property will have to be removed to accommodate the proposed site development. Due to non-use, the site shows signs of blight and litter (although not significantly) with discarded debris and miscellaneous material. However, much of the site litter is not readily visible (at ground level) from neighboring properties because of the substantial presence of mature vegetation now located along the site's front and rear lot lines.
The subject property is both unique in it shape and location. First, the City and County's Master Plan proposes that Nebel Street is to be extended northward from Montrose Road and ultimately intersect with Chapman Avenue, at a point just south of Twinbrook Parkway. Such an alignment would have brought this planned roadway extension directly through the subject property, rendering it useless for development. Also, this proposed roadway alignment would have created a new intersection, too close in proximity, to the intersection of Chapman Avenue and Twinbrook Parkway. Thus, City and County staff worked together to determine an alternative roadway alignment. Over the course of many meetings, it was decided that the new alignment will be designed to allow Nebel Street to extend northward and tie into Bou Avenue. Such an alignment was found to have utility for both the applicant and city/county governments. The alignment would enable the subject property to be developed and eliminate the creation of a new intersection, which would have been located much to close to the existing Twinbrook Parkway and Chapman Avenue intersection.
Lastly, vehicular access to the site is constrained. At present time the Bou Avenue site frontage is located in a private easement owned by GFS Realty, Inc., which is unwilling to allow the applicants proposed business facility to have vehicular access onto its easement. Further, the property cannot be access via Chapman Avenue because the street is to be widen in the future and a "free flow/hot right" turn lane installed from the west bound lane of Bou Avenue onto Chapman, making vehicular site ingress-egress unsafe via Chapman Avenue. Hence, vehicular access to the site will be via Rollins Avenue (See Exhibit 1).
Subject Request & Project Proposal
The applicant proposes to redevelop the property for use and operation of an automatic and self serve car wash. The proposed freestanding automatic car wash building facility will be approximately 12,000 square feet in size and feature two (2) individual wash tunnels. The two wash tunnels will provide customers with different levels and/or options of service. One conveyor will provide exterior car wash service and the other will provide full service car wash. Customers using the full service wash option will leave their cars for exterior and interior cleaning and wait in the building's lobby area until their car is ready to be picked up. Customers using the exterior wash only option will remain in their cars for the duration of the service, ride through the wash facility while their car is being washed. Under this service option, vehicles will be automatically dried by machine, thus requiring no use of any manual labor.
The building will be located along the site's northern property line. Vehicle will enter the wash tunnels from the east side of the facility and exit on the west side of the building (See Exhibit 1). Access to the automatic car wash facility will be provided via dual on-site travel/stacking lanes, designed to accommodate 72 vehicles. The on-site stacking lanes will be located along the southern parameters of the site, fronting Chapman and Bou Avenues. Both street frontages will be landscaped and trees planted in accordance with requirements of the City's Zoning and Forest & Tree Preservation Ordinances. These plantings will serve to enhance both the physical appearance of the business, as well as provide a natural buffer between site activity and pedestrian traffic along the site's street frontages.
In addition to the automated car wash building facility, there will be a freestanding self-service car wash facility also located on site. The self-service car wash building will be somewhat centrally located on the site. The self-service building will be approximately 4,564 square feet in size and feature 8 wash bays (See Exhibits 1 & 5). The self-service wash facility is designed for customers who prefer to wash their own vehicles. All self-service wash bays will have high pressure sprayers and foam brushes. Vacuum cleaning stations will be located across from the self-service wash facility, providing convenient access for those self-service customers wishing to clean the interior of their vehicles as well (See Exhibit 1).
As previously noted, the on-site travel/stacking lanes are designed to accommodate approximately 72 vehicles. In addition to the stacking spaces provided for customer vehicles waiting to access the automated car wash facility, there will be 24 on-site parking spaces provided for employee parking. When fully operational, the applicant business will employ a maximum of 18 persons. In accordance with previously approved SPX98-0269, the hours of operation will be limited to the following: a) 7:00 a.m. to 7:00 p.m. for the proposed mechanical car wash facility, and b) 7:00 a.m. to 11:00 p.m. for the self service car wash facility. Note, the mechanical car was facility would be closed on Thanksgiving, Christmas, New Years Day, and during inclement weather.
Vehicular site ingress/egress will be via a single entrance onto Rollins Avenue. In response to City and County staff review and discussion regarding both planned and needed site area roadway improvements, the applicant agrees to dedicate additional public right-of-way (r/w) for the future widening and improvement of Chapman Avenue. The applicant will also dedicated r/w at the corner of Chapman and Bou Avenues to accommodate the planned Bou Avenue/Nebel Street roadway extension (See Exhibit 1). As per the County's North Bethesda Master Plan assessment of the subject site area, county staff noted in their review of the applicant's development proposal, that Chapman and Bou Avenues should have minimum r/w widths of 80 feet to accommodate future improvements and widening. In accordance with the property owners annexation agreement with the City, the owner/s have agreed to negotiate with the County, the purchase of an additional five (5) feet of r/w along the sites Bou Avenue frontage. This additional r/w dedication is deemed necessary to construct the future Bou Avenue-Nebel Street roadway extension project.
Since the property is currently a platted lot, it is not required to go through the subdivision process in order to develop. However, as a result of negotiations during the review of the annexation, the property owner agreed to dedicate right-of-way along the sites frontages on Rollins and Chapman Avenues. The applicant further agreed to set a side an additional five (5) feet along the sites Bou Avenue frontage, that could be acquired by the county at the time the planned Bou Avenue/Nebel Street roadway extension is constructed. As a condition of use permit approval, staff recommends that this area be shown as future right-of-way on the site development plan and will be subject to good faith negotiation with the County as required by the applicants annexation agreement.
It should be noted that the Montgomery County Department of Public Works & Transportation (MCDPW&T) and the Montgomery County Department of Park and Planning continue to recommend that the additional five (5) foot wide site area along Bou Avenue be dedicated as part of this application request. The applicant indicates that as a leaseholder of the property that they are unable to provide the Bou Avenue right-of- way (r/w) because a dedication requirement was not an element of their executed lease with the property owners. However, the dedication of Chapman Avenue r/w was included.
Staff does note that if the County requests the applicant provide r/w dedication of 40 feet or greater, as measured from the center line of Bou Avenue, the applicant's planned site layout would not have to be revised. The applicant has agreed to dedicate r/w along the site's Bou Avenue frontage to allow for a minimum of 35 feet and to negotiate in good faith with Montgomery County's for additional r/w dedication if deemed necessary. A copy of the applicant's annexation agreement has been included as an attachment in this staff report, which also references the applicant's agreement to dedicate added r/w along the site's street frontage on Chapman and Bou Avenues (See Attachment D).
Applicable Section of the Zoning Ordinance & Staff Analysis
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;
At the time of review and approval of the projects special exception request (SPX98-0269), it was determined the proposed site use was consistent with the Master Plan's land use designation of the site area for Rockville Pike Corridor Mixed Use Development. The subject use permit and accompanying site development plans as submitted are found to be consistent with the projects previously approved special exception request and development proposal.
At present time there are no residential land uses located within immediate proximity of the subject site. There is however, a residential component (apartments) planned for the neighboring Montrose Crossing Shopping Center to the south. Since the planned residential units are to be constructed on top of the existing parking deck located on that site, lighting installed on the car wash site must be positioned so that it does not create glare or excessive light spillage on those neighboring units. Due to the substantial differential that would exists in the respective building heights for each of these sites, it is unlikely site lighting on the car wash would pose a nuisance to persons residing in the neighboring (future) residential dwelling units.
The applicant property is located within the Washington Suburban Sanitary Commission's (WSSC) service area, with water and sewer services being provided by that agency when the property develops. The applicant and/or his assigns would be responsible for the cost incurred in providing these and other utilities needed to services the site, such as gas, electric, telephone, etc. To insure vehicular traffic generated by the planned site use does not adversely impact or alter traffic flow movements within the site area or overburden site area roadways, the following site design features are provided: a) dual on-site stacking lanes designed to accommodate a maximum of 72 customer vehicles, that provide access to the car wash tunnels, and b) an on-site drying/finishing area located at the wash tunnel exits, large enough to accommodate no less than 25 vehicles. Further, the applicant will dedicate additional public right-of-way and make a monetary contribution that will be used for future site area, roadway improvements.
A traffic study was submitted and reviewed by staff, during the processing of the projects previously approved special exception. Several site area intersections were studied to determine the impact vehicular traffic generated by the planned site use, would have on the level of service (LOS) at which those intersections now operate. Staff reviewed the study and agreed with the traffic study consultant's overall assessment, that the level of service at which those street intersections now operate, would not be significantly altered by traffic generated by the planned site use. However, the study did not fully examine the intersection of Chapman and Rollins Avenue. Based on the traffic generation numbers provided in the study, staff concluded that traffic created by the car wash would consume approximately 14 percent of the intersection's capacity in the PM peak hour and 28 percent of capacity in the Saturday mid-day peak hour. To mitigate this impact, the applicant will be responsible for the following: a) dedicate additional right-of-way along the west side of Rollins Avenue and widen the site frontage segment of this street, b) construct a new right turn only lane for traffic attempting to access northbound Chapman Avenue, and c) install a left turn only lane for vehicles attempting to access southbound Chapman Avenue (See Exhibits 1 & 2).
2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood; or
The subject site is a single record lot and is not physically interconnected with any of the abutting commercial properties via interior vehicular travelways. The property will have direct access onto Rollins Avenue, which intersects Chapman Avenue (at the site's western lot line). The City's Master Plan classifies both streets as business district streets. The proposed automatic car wash building as sited will be set back well over 140 feet from Rollins Avenue, while the self-service car wash building will be located approximately 50 feet from Chapman Avenue. Neither of the planned building structures or other site improvements will impede access or visibility of neighboring land uses oriented to either Chapman or Rollins Avenues.
Over the course of last year, the applicant has worked closely with staff, making a number of modifications to the proposed site layout and building plans. The automatic and self-service car wash buildings will be of masonry construction and contemporary in design. The building's facades will be constructed of materials consistent in color and quality, like that of other commercial buildings located in the site area. The buildings will have exterior brick façades and be earth tone in color. The automatic car wash building has been sited to create sufficient on-site staging area for employees to dry and finish vehicles as they exit the wash tunnel. This drying/finishing area which is located on the west side of the building, is sized to accommodate well over 24 vehicles (See Exhibit 1).
If the proposed site use operates as presented in the subject application request, there is no evidence the use would be detrimental to abutting land uses. While the subject property is in a state of physical transition, other nearby properties and their accompanying land uses appear to be well established. Based on the mix of commercial, retail, and office land uses now located in the subject site area, it is unlikely the character of the area will be adversely impacted by the planned site use. The planned site use will not change the physical character of the area. At present time none of the abutting land uses front the subject property. The view from the subject site of the neighboring properties, is a view of the rear of buildings, loading docks, and rear parking areas located on those properties.
With the exception of Rollins Avenue, Montgomery County will maintain the sites street frontage on Chapman and (future) Bou Avenues. Also, in accordance with the applicant's annexation petition, services such as police protection will be provided through general tax revenue. Installation of public improvements necessitated by the planned site development, such as stormwater management facilities, water-sewer service connections, gas and electric, etc. will be the responsibility of the site developer. All such improvements would be constructed and installed under established permit and bond procedures.
Constitute a violation of any provision of the Zoning Ordinance or applicable law/s.
The development proposal complies with applicable requirements of the Ordinance, i.e., lot size, street frontage, building setbacks, provision of on-site vehicular parking spaces, etc. The Board of Appeals approval of the applicants afore noted special exception insures that the planned site use and physical improvements must adhere to applicable provisions of the Ordinance. Staff notes that once all of the conditions of approval as recommended in this staff report, or as may be modified by the Planning Commission in its review and consideration of the request, have been satisfactorily addressed by the applicant, the site development proposal will fully comply with all applicable requirements of the Ordinance.
Based on all of the afore noted factors, staff finds suitable justification to recommend Use Permit USE1999-0603 be approved subject to the conditions as referenced on pages 2 and 3 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 review, at which time the request will be publicly heard and considered. Notices were sent to 159 property owners located within the subject site area. A list of addresses is contained in the projects application file for public review and inspection.
/cdc
Attachments & Exhibits
Attachment A SPX98-0269 Approval Letter
Attachment B Planning Commission Recommendation
Attachment C Resolution 9-99
Attachment D Annexation Agreement (ANX97-0125)
Exhibit 1 - Grading & Site Layout Plan
Exhibit 2 Site Landscape Plan
Exhibits 3 thru 5 Elevation Drawings & Building Floors Plans