SUBJECT:

REQUEST:

The applicant seeks Use Permit approval for the construction of three office buildings containing 500,000 square feet of floor area, 1,692 parking spaces and related site work in the I-3 (Industrial Park) and I-2 (Light Industrial) Zones.

PREVIOUS RELATED ACTION:

·                    Annexation X-71-74 - to annex 69.77 acres of the Seldeen property into the City of  Rockville; approved by the Mayor and Council on December 16, 1974.

·                    Map Amendment MAP93-0061 - to rezone the rear portion of the PEPCO Rockville Service Center property from the I-2 (Light Industrial) Zone to the I-3 (Industrial Park) Zone; approved by the Mayor and Council on January 10, 1994.

·                    Final Record Plat PLT97-0089 - to subdivide the PEPCO Rockville Service Center property into two lots; approved by the Planning Commission on April 16, 1997 and recorded on September 23, 1998.

·                    Use Permit USE97-0574, Potomac Capital Investment Corporation ­ to allow the development of a three-building office complex totaling 534,700 square feet; approved by the Planning Commission on February 4, 1998.  An time extension of one year was granted by the Planning Commission on January 26, 2000.

STAFF RECOMMENDATION:

Approval, subject to the following conditions:

1.                  Submission, for approval of the Chief of Planning, of eleven (11) copies of the site plan and elevations, revised according to Planning Commission Exhibit A, to show the following:

a.                  Direct pedestrian path connections from the surface parking lot to the buildings;

b.                  Indication of stream valley buffer line per the City’s Environmental Guidelines;

c.                  Separation of sidewalk and curb by grass strip along access drive;

d.                  Location of bicycle lockers and storage areas;

e.                  Identification of potential shuttle stop area on the site;

f.                    That the architectural detailing of the parking structure be compatible with that of the final building design and materials to be used on the office buildings;  

g.                  Modification of the parking garage configuration so that it does not exceed the height limit of 40 feet for that portion in the I-2 Zone;

h.                  Additional painted crosswalks throughout the site to allow pedestrians to safely cross internal streets and driveways; and

i.                    Removal of unneeded existing curb cut along Redland Boulevard and replacement of curb and gutter.

2.                  Submission, for the approval of the Chief of Planning, of eleven (11) copies of a detailed landscaping plan, revised according to Planning Commission Exhibit B, to show that all comments of the City Forester have been addressed. 

3.                  Submission, for approval of the City Forester, of seven copies of a revised Forest Conservation Plan in accordance with the Forest and Tree Preservation Ordinance.  This plan should be coordinated with the landscape plan requirements. 

4.                  Submission, for the approval of the Department of Public Works, of two copies of the following plans and studies prior to issuance of a building permit:

a.                  Water and sewer service connections, including necessary easements, per Public Works Department requirements;

b.                  Plans for water and sewer design;

c.                  Floodplain study;

d.                  Engineering plans on 24" x 36" City base sheets, at a minimum scale 1"=30' for all public improvement required plans; and

e.                  Lighting plans for all parking lots.

5.                  That any new electrical transformers or other utility equipment lockers or facilities be placed underground.

6.                  No disturbance within the existing Conservation Easement area will be allowed without approval of the City Forester and of the Department of Public Works.

7.                  Submission, for approval by the Planning Commission, of a Final Record Plat application to subdivide the property and to provide easements as necessary.

8.                  That the parking lot lighting be designed in such a way as to limit light spillover and to prevent light from the top deck and internal portions of the parking garage, as well as the surface parking lots, from shining into adjacent residential areas.

9.                  That, prior to issuance of a building permit, a phasing plan be submitted to show which areas of the site will be landscaped along with each of the building phases.  Landscaping along Gaither Road shall be installed prior to any phase of development on the site.

10.              That an agreement be executed between the applicant and the City to allow for contribution of a maximum of $640,000 for off-site transportation improvements or a combination of monetary contribution and acquisition of necessary right-of-way.  The contribution will be paid on a pro-rata basis for each building to be built at the time of building permit issuance. In addition, the agreement will require that the applicant contribute $0.10 per square foot of building area per year for a period of ten years for use in TDM programs to reduce the number of vehicular trips in this area.  Specific details of these agreements regarding timing, linkages, designation of carpool spaces, etc. will be established in the agreement with guidance of the City Attorney.

11.              That, at the time of building permit submission, all buildings meet the applicable handicap-accessibility requirements of the State of Maryland and the Americans with Disabilities Act of the Federal Government, as well as all construction code requirements of the City of Rockville.

12.              That permits be obtained for all signs from the Division of Inspection Services; this Use Permit approval does not include provisions for signs.

13.              That prior to issuance of a building permit, bonds be posted and permits obtained from the Department of Public Works, Army Corps of Engineers, Maryland Department of the Environment and the Maryland Department of Natural Resources, as necessary.

ANALYSIS

Site Description

This property is located at the southwest corner of Gaither Road and Redland Boulevard on a 27.54 acre site created by the subdivision of the Potomac Electric Power Company (PEPCO) Rockville Service Center property.  The extension of Gaither Road between Redland Boulevard and West Gude Drive has recently been constructed as part of the King Farm development, although it has not been opened to the public.  The original site of the Service Center contained approximately 68 acres; the southernmost part of the property will continue to be used as a storage area for PEPCO equipment, parking for company vehicles and various customer service offices.  The developer of this property is the Potomac Capital Investment Corporation (PCI), the real estate development entity of PEPCO.

Most of the subject property is located in the I-3 (Industrial Park) Zone, with a small strip of land at the south end of the site in the I-2 (Light Industrial) Zone.  The site itself is vacant and undeveloped at this time. It has been recently cleared in anticipation of development on the site and contains an unnamed stream that eventually flows into Watts Branch.  Approximately nine acres of this site fall within the 100 year floodplain or contain wetlands, and thus are undevelopable.

The property is surrounded by a variety of land uses.  In addition to the PEPCO Rockville Service Center located to the south of the site, to the west is the I-270 Industrial Park, which contains office and R&D uses in the I-3 Zone that front Piccard Drive. To the north across Redland Boulevard is the Irvington Centre portion of the King Farm Comprehensive Planned Development (CPD) that will be the office component of that development.  Immediately to the east of the subject site is the gas station and retail facility in the King Farm CPD.  Further east, across Gaither Road, is Phase I-B of the King Farm CPD, which is approved for residential townhouses that are under construction or occupied.  Single family homes will be located directly opposite the proposed entrance to the PCI site across Gaither Road at Saddle Ridge Lane.

Background

This property, along with the PEPCO Service Center property to the south, was annexed into the City in 1974.  An annexation agreement was established between the City and the owner to limit the amount of development on the site and to provide guidance for future development of the site.  The agreement also states that if any of the property is resubdivided with the City’s consent, the resulting piece of property would not be subject to the conditions limiting development; however, all limitations will continue to govern any development or redevelopment of the portion of the property retained by PEPCO.  The floor area ratio is limited to .20 on the PEPCO parcel.

This portion of the PEPCO Service Center property was proposed for rezoning in 1994.  Such rezoning was necessary to allow the development of office uses, which are not allowed in the I-2 Zone.  The rezoning was approved by the Mayor and Council in January of 1994 with the understanding that a development such as this one would eventually be proposed.  As noted above, a small strip of land within the proposed development site remains in the I-2 Zone.  Only a portion of the parking lot and the southern surface parking lot will be constructed in the I-2 area of the  site.

Proposal

The applicant is proposing to construct three office buildings, a parking garage and surface parking lots on the developable portion of the lot.  The development is to be called Redland Technology Center.  The development would be phased, with the potential of only one building being constructed at a time, or more than one building could be built if a user is identified.  Buildings one and three will both be six stories in height, and each will contain 142,500 square feet of office space.  Building two will be nine floors in height and will contain 215,000 square feet of office space.  The three structures will be oriented in a U-shape that creates a courtyard between the buildings.  Between the office buildings and the stormwater management facility adjacent to the property retained by PEPCO, the applicant proposes to build a multi-level parking garage containing 1,095 spaces that will be built in conjunction with the second building.  Five levels will be at or above grade, with two levels below.  A surface parking lot will also be located in this area directly adjacent to the PEPCO property line.  A 340-space surface parking lot is to be located just east of the buildings and will separate the office structures from the proposed service station site within the King Farm development.  

The total number of square feet of floor area proposed is 500,000, which equates to a Floor Area Ratio (FAR) of 0.47.  The maximum amount of density allowed in the I-3 Zone is a 0.50 FAR.  The office buildings and the parking garage, will meet all required setbacks for the I-3 Zone, as well as the height limit established for the Zone.  There is no development proposed for the I-2 portion of the site.  The site design differs from the original approved Use Permit plan, in that the parking garage is a less prominent feature of the site and the buildings present a symmetrical appearance when viewed from Gaither Road.

Access to the site will be gained from two entrances, one from Redland Boulevard and the other from Gaither Road.  The entrance from Gaither Road will be opposite Saddle Ridge Lane, which accesses the Watkins Pond neighborhood of the King Farm development.  The other access point is from Redland Boulevard at an existing curb cut.  Another existing curb cut along Redland further to the west will not be used to access the site.  Staff has recommended a condition of approval requiring the applicant to remove the curb cut and replace the curb and gutter in that location.

The majority of the buildings will be clad in architectural grade pre-cast concrete panels, with occasional use of curtain wall windows.  The three buildings will be designed to be compatible with one another, though they may be built at different times.  No description of the architectural treatment of the garage structure itself has been submitted; staff is recommending that the structure be designed in such a way as to be compatible with the architectural design of the office buildings. In addition, if existing trees will be removed to construct a surface parking lot adjacent to the proposed garage, it would even more important to ensure that the garage be as attractive in design as possible.

Staff suggests that the applicant design the site lighting in such a way as to limit light spillover and to prevent light from the top deck of the parking garage from shining into adjacent residential areas, such as those in the King Farm development as well as the existing residences in the Woodley Gardens and College Gardens neighborhoods to the south of the site. 

Transportation Impact and Parking

A traffic study was submitted with the initial application (USE97-0574), and was subsequently reviewed by the Transportation Planner.  Traffic and Transportation staff reviewed the applicant’s request for clarification that the initial traffic study submitted and the mitigation measures approved in 1998 would satisfy the requirements of the new Use Permit submission.  In staff’s assessment, the original study would suffice under criteria established in the Standard Traffic Methodology, which are that the study is less than three years old and site conditions have not significantly changed to warrant the study.  It should be noted that the traffic study analyzed the full buildout of the King Farm.  In the original study, nine nearby intersections were studied and evaluated for impacts caused by the proposed development, as follows:

            Frederick Road (MD 355) and Gude Drive

            Frederick Road (MD 355) and Redland Boulevard

            West Gude Drive and Gaither Road

            West Gude Drive and Piccard Drive

            West Gude Drive and Research Boulevard

            Redland Boulevard and Gaither Road

            Redland Boulevard and Piccard Drive

            MD 28 and Research Boulevard

Of those nine, it was determined that four of the intersections were either already operating above the level of service threshold for commercial areas (LOS D/E) during the AM or PM peak hours, or would be operating above that level if background traffic was added.  In addition, when the new trips are added in from the proposed office space on the subject site, four intersections will be negatively impacted, resulting in a worsening of the Level of Service.

Although the applicant’s consultant recommended participation in a Transportation Demand Management (TDM) Program to reduce peak hour trips, staff feels that physical improvements are also necessary in this area that could improve the flow of traffic in the areas surrounding this site.  There are many possible transportation improvements in this area to help mitigate the impacts caused by this development.   Some of these improvements include, but are not limited to:

·        Purchase of right-of-way for extensions of Choke Cherry and/or Pleasant Roads;

·        Ramp improvements at I-270 and Shady Grove Road exit;

·        Construction of double left turn at MD355 and Shady Grove Road;

·        Noise study and implementation of mitigation measures for the College Gardens/Woodley Gardens area along West Gude Drive;

·        Land for Bonnibelle Place.

Clearly the amount of the contribution that will come from the developer of the PCI project would not be able to cover the total costs of any of the four projects listed above, however, funds can be combined with other development contributions in the area to accomplish these projects. 

In order to determine the amount of the developer contribution that would be required for this development, staff felt that an amount equal to the cost of constructing Gaither Road from Redland Boulevard to West Gude Drive would be appropriate.  This leg of Gaither Road, however, has been constructed as part of the on- and off-site improvements for the King Farm Development, but clearly that improvement would have been necessary for the PCI development to go forward had it not been completed by King Farm Associates.  Thus, the staff is recommending that the developer contribute the amount of $640,000 to address other physical improvements necessary in this area, which amount is equal to the cost of constructing this portion of Gaither Road.  This contribution will be paid on a pro-rata basis for each building to be built at the time of building permit issuance.  Further, it is recommended that the developer enter into an agreement with the City, with approval of the City Attorney, to determine how the contributions will be structured in terms of the phasing of the development, linkage to specific improvement projects and other timing issues. 

In addition to the contribution to the City to address physical improvement needs, staff is recommending that a Transportation Demand Management (TDM) Program be established to reduce peak hour trips in this area.   Both staff and the applicant feel that, in order to take advantage of the economies of scale, the TDM program would be more effective if it were combined with those of surrounding developments.  This regional approach may take the form of the proposed Shady Grove Transportation Management District, if the Mayor and Council that the City will participate in the County-led program, perhaps in conjunction with the King Farm development.  The applicant has indicated that some direct TDM activities are being considered, including setting up a shuttle service or other trip reduction strategies.  If these programs are instituted, they could result in a substitution for a portion of the TDM contribution.  However, staff would suggest that if this approach is taken, that some sort of performance bond be posted by the applicant until the success of the program can be determined.  This bond has the added advantage of acting as an incentive to reduce vehicular trips by the applicant or a future tenant. 

Staff thus recommends that the applicant enter into an agreement with the City, with similar approval of the City Attorney, to contribute to a regional TDM program, whether it is operated by the City of Rockville, Montgomery County or another private entity. Staff further recommends that the amount be based on the $0.10 per square foot of floor space now being proposed by the County for the Shady Grove Area TMD.

In terms of site circulation, direct pedestrian path connections from the surface parking lot to the buildings should be provided.  Pedestrian connections from the surface parking lot would be provided to allow easy access to the building entrances, as well as landscaping for the adjacent parking lot islands.  These connections include painted crosswalks and protected pedestrian islands so that patrons will not need to thread their way through parked cars in order to reach the building.  Additional painted crosswalks throughout the site would allow pedestrians to safely cross internal streets and driveways.  Painted crosswalks are necessary to define the safest and most direct route for pedestrians to circulate through the site. 

Currently, an eight foot wide hiker/bike path exists along a portion the west side of Gaither Road.  This path was built when the initial portion of Gaither Road was constructed.  In 1996, as part of the Detailed Application for the remainder of Gaither Road, the Planning Commission required that, in the King Farm portion of the roadway, a ten foot wide path be built to served as bikeway link to the existing path along West Gude Drive.  In order to match the precedent set by this action, the applicant of this site has agreed to widen the existing bike path from eight feet to ten feet and to construct a new ten foot wide path where necessary to make the linkage complete.  When completed, a ten-foot wide hiker/biker path will extend from West Gude Drive to Redland Boulevard.

During the review of the King Farm Detailed Application for the area directly across Gaither Road, one of the residential streets that was proposed, Bonnibelle Place, could not be connected through to Gaither Road due to lack of available right-of-way.  Thus, the plan was approved as a dead-end street with the hope that the connection could be made once PEPCO, who owns the strip of land on the east side of Gaither Road, develops its site.   The City cannot require the dedication of this land since it is not a part of the record lot of the proposed development, nor is the property owned by the applicant; however, the applicant is being asked to cooperate with the City in obtaining the necessary property for the extension of Bonnibelle Place.  As an added incentive, the value of the desired piece of property, although comparatively low, could be deducted from the amount of the contribution being recommended for off-site transportation improvements. 

Parking for the office uses on the site are calculated based on the standard of one space per 300 square feet of office space.  This yields a parking requirement at buildout of 1,667 spaces.  The applicant has chosen to provide a total of 1,692 spaces, or 25 spaces in excess of the parking requirement.  Twenty-eight handicap-accessible parking spaces will be provided, one more than is required for a development of this size.  Parking will be provided as follows:  east surface lot - 336 spaces; south surface lot - 157 spaces; parking garage - 1,095 spaces; and courtyard ­ 89 spaces.  The parking garage will contain seven levels with five levels at or above grade.  A phasing plan has been submitted that demonstrates that adequate parking will be provided with each phase constructed.  A temporary parking lot would be constructed on a portion of the Building 3 site to serve Building 1 if it is built prior to Building 2 and the parking garage.

Forest/Tree Preservation and Landscaping

The Forest Stand Delineation for this site was accepted by the City Forester.  The Preliminary Forest Conservation Plan indicates that 16.26 acres of the subject property will be preserved as forest, (approximately 60% of the site) which complies with the required preservation threshold required for the I-3 Zone.  In addition to the existing forested areas to be saved, additional tree planting is proposed throughout the developed area of the site.  Heavy screening with tall-growing trees is planned for the southernmost property line to separate this site from the PEPCO Service Center.  If possible, these trees should be planted at the time the initial phase is constructed, even though the surface parking lot adjacent to this strip may not be built until the third phase.  In addition to parking lot and other decorative tree plantings, the applicant is proposing to plant a mix of trees and an addition area of tree preservation, along the boundary with the King Farm development. These trees, along with those being planted in the adjacent King Farm development, will effectively screen the parking lot from view from surrounding public streets.  Staff recommends that the landscaping along Gaither Road be constructed in conjunction with any Phase I building.

Stormwater Management and Utilities

The Stormwater Management concept plan has been approved by the Department of Public Works.  It shows a large pond at the southwest corner of the site.  The stormwater pond, and adjacent  surface sand filter,  will provide on-site quality and quantity treatment for this development.  The pond will only contain water during storm events and will be dry for much of the year.

Sewer capacity is being provided though the construction of the Watts Branch Sewer pump-around project, which is scheduled to be operational in November, well in advance of the potential occupancy of the building.  It is estimated that, even at full buildout, this development will only require capacity for approximately 49,700 gallons at peak flow.

CONCLUSION

With the minor modifications recommended above, this proposal meets or exceeds the requirements for development in the I-3 Zone.   In addition, a number of benefits will accrue to the City along with the approval of this development.  These include:  preservation of wooded land; addition of Class A office space and the associated increase in employment and in the City’s tax base; substantial contributions by the applicant to help address transportation improvement needs; contributions to a proposed Transportation Demand Management program for the Shady Grove area; attractive building architecture and landscaping; and minimization of paved surfaces by use of a parking structure versus use of surface parking lots.  Staff therefore recommends approval of Use Permit USE2000-00607, subject to the conditions listed on pages one through four.

Attachments

A.     Vicinity Map

B.     Site Plans

C.     Landscape Plans

D.     Building Elevations

E.      Previously Approved Use Permit Plan

ATTACHMENT A

LOCATION MAP

ATTACHMENT B

SITE PLAN

ATTACHMENT C

LANDSCAPE PLAN

ATTACHMENT D

BUILDING ELEVATIONS 

ATTACHMENT E

PREVIOUSLY APPROVED USE PERMIT PLAN

ATTACHMENT F

COURTESY NOTIFICATION

LETTER AND LIST