CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

JUNE 15, 2000

SUBJECT:

PREVIOUS RELATED ACTION:

·        Use Permit Application U-373-86, Montgomery County Government, a proposal to create a satellite parking lot for Metro Rail riders on a portion of the bus storage lot located at the former Lincoln High School in the R-60 zone, denied by the Planning Commission on December 3, 1986.

·        Map Amendment Application M-56-89, Mayor City Council, a request to place the former  Lincoln High School site located at 595 North Stonestreet Avenue into a Historic District, granted by the Mayor and City Council on May 14, 1990.

·        Historic District Application HDC94-0052, Reverend Rodney Davis, a proposal to construct a handicap accessible  ramp at the front entrance of the building located at 595 North Stonestreet Avenue, conditionally approved by the Historic District Commission on July 19, 1994.

·        Use Permit Application USE94-0524, Reverend Rodney Davis, a development proposal to renovate and convert the former Lincoln High School for use as a church, conditionally approved by the Planning Commission on July 27, 1994. 

·        Special Exception Application SPX98-0264, Barbara Talley, a request to establish a “cultural and educational resources center, i.e., an eleemosynary institution in the R-60 zone, granted by the Board of Appeals on January 9^th 1999.

REQUEST:

In accordance with Section 25-193 of the City of Rockville Zoning Ordinance, the applicant (United Black Cultural Center, Inc. - UBCCI) seeks approval of the use permit and accompanying site development and building plans as submitted.  The applicant organization plans to establish a “cultural and educational resources center” (i.e., an eleemosynary institution) in the R-60 (single family detached, residential) zone.  The proposed cultural resources center would occupy the (rear) east wing of the former Lincoln High School building located at 595 North Stonestreet Avenue.  Once established, the cultural resources center will operate under a new street address, e.g., 201 Lincoln Avenue. 

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 that the following development concerns have been satisfactorily addressed:

a.  The planned use must be operated in substantial accordance as described and presented in previously approved Special Exception Application SPX98-0264, i.e., hours of operation, range/types of educational and cultural programs and activities provided, number of employees, etc.

b.  In accordance with previously approved SPX98-0264, the property lease between the applicant (UBCCI) and the lessee (Crusader Baptist Church of God) may not be re-negotiated without the concurrence of the City’s Board of Appeals.

c.  The applicant, the property owner (Montgomery County Government), and the “lessee” (Crusader Baptist Church of God) must have any/all site debris and discarded building materials removed from the site’s grounds and parking areas prior to occupancy and must agree to maintain the exterior and interior of the property to the City’s Code (ref. SPX98-0264).

d.  Property owner must remove any/all inoperable vehicles from the subject site’s parking areas.  Formal confirmation of the corrective action taken by the appropriate County agency addressing this issue should be forwarded to the City’s Department of Community Planning & Development Services, Inspection Services Division (ref. SPX98-0264).

e.  All construction and/or site improvements must comply with requirements of the City Of Rockville construction, fire, and life safety codes, state of Maryland accessibility codes, and federal requirements of the Americans with Disability Act.

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

a.  Separate water house connection (whc) and sewer house connection (shc) is allowed to serve the east wing (the annex) portion of the building, where the cultural resources center is to locate, if there is no internal plumbing connection between the church and that wing of the building. 

b.  Appropriate bond must be posted and a public works (PWK) permit must be obtained to install separate water and sewer connections to the east wing of the building via Lincoln Avenue.  The bond amount for water and sewer connections is approximately $3,000 to $5,000.

c.  Applicant must also obtain permit from the Inspection Services Division (ISD) for water and sewer connections.  Note, a capital contribution fee based on the size of the meter will be required by ISD.

3.  The applicant must submit a landscape plan for review and approval by the City Forester.

ANALYSIS:

 

Property Description & History

The subject property is located on the southeast corner of North Stonestreet Avenue and Lincoln Avenue.  The property was owned by the Montgomery County Board of Education from the mid 1930’s to 1992.  In 1992 ownership of the subject site was transferred to Montgomery County Government.  The property is approximately 1.78 acres in size and located in the residential subdivision of England’s 2nd Addition to Lincoln Park.  The site is the former Lincoln Park High School, which officially opened in 1934.

Until Carver High School opened in 1950, Lincoln High School was the only public high school in Montgomery County that African American students could attend.  In 1950 after Carver High School opened on Hungerford Drive, the school board converted the former Lincoln High School to junior high school status.   The school remained operational as a junior high school until 1958.  When the school closed in 1958, the county school board renovated and modernized the building for its use as administrative offices.   The outbuildings (i.e., Quonset styled buildings) located in the rear (east) area of the site, were originally used as support buildings for school activities.  They were reused by the school board for warehousing, storage, and  vehicle maintenance activities.  By the late 1980’s the School Board discontinued its use of the former school site, leaving the school building vacant but retaining use of several out buildings for warehouse/storage purposes.  In 1990 at the urging of the applicant (UBCCI) and other interested parties, the Mayor and Council approved an application request to place the (then) 4 acre + school site within a Historic District (ref. M-56-89).  The subject property was later declared “surplus” property, which allowed the County Board of Education to transfer ownership of  the school site to Montgomery County Government.

On November 17, 1992  Montgomery County Government entered into a lease agreement with Crusader Baptist Church of God.  As per the lease agreement, the lessee “agreed to restore the leased premises, including all improvements therein to a habitable condition and maintain them in a good state of repair throughout the term of the lease.”  The lease agreement authorizes the “lessee” to renovate, improve, and use the former school and approximately 1.78 acres for its religious institutional use.  Note, the Montgomery County Council “approved the making of the lease to the Crusader Baptist Church of God with some space set aside for a “museum.”  The rear building wing that UBCCI will occupy and is subject to this request was deemed to be in accordance with that lease provision.         

Based on available information, the lessee has performed a number of interior and exterior renovations to the 14,093 square foot former school building.  The site has vehicular site entrances on both North Stonestreet Avenue and Lincoln Avenue.  There is eight (8) foot tall security fencing currently located around the site’s outer perimeter.  The security fence has entrance gates that are used to control site vehicular access via North Stonestreet Avenue and Lincoln Avenue.  The site’s on-site parking area is of substantial size, containing 90 spaces located in both side yards and rear yard area.  The two outbuildings are located in the rear yard area of the site.  These accessory buildings are currently being used by the lessee of the subject site (Crusader Baptist Church of God), to store an assortment of miscellaneous materials and furnishings.  The applicant has agreed to work with the pastor of the church to insure that the accessory buildings are maintained so that when appropriate, the applicant organization may use space in the accessory buildings for its organizational purposes.   

When the applicant’s previously approved special exception (SPX98-0264) was granted by the Board of Appeals on January 9^th 1999, there was debris and discarded materials stockpiled in the rear area of the site, occupying potential surface parking spaces.  In granting the noted special exception, specific conditions were imposed by the Board including the following: “Remaining site/building work must be completed, e.g., clean up and/or removal of the small storage shed, removal of an old cafeteria steam table, install appropriate roof gutters and window panes, and conclude painting the accessory buildings; all of which are conditions that must be satisfied for the issuance of occupancy permit.”   In an effort to comply with the overall intent of this condition of special exception approval, most if not all of the debris and discarded materials have been removed from those areas of the site.  Other building improvements will be made prior to issuance of occupancy permits.

Located to the south of the subject property, is a large parking area, owned by Montgomery County Public Schools (MCPS), used to store semi-truck “trailers” and other miscellaneous materials.  Due to the substantial number of trailers stored on the abutting MCPS site, it appears that a portion of the subject site is also being used for such activity.  In an effort to insure that the subject site not be physically impacted and/or encroached upon by MCPS storage activities, the owner of the property (Montgomery County Government) installed security fencing (in the spring/summer of 1999) along the length of the site’s southern-side yard lot line.  Staff notes that while the neighboring activities have had possibly undesirable physical impacts on the subject site over the previous years, the former school building and grounds appear to be in reasonably sound condition.  Although the site’s surface area is primarily paved and covered by impervious surface material, there is a modest amount of green space located in the site’s front and side yard areas.  A mixture of shrubs and hedges are located within these green spaces, planted primarily around the front and side base of the building.  There are also several large mature hardwoods and one significant sized evergreen tree located in those areas of the site as well.         

Site Use Proposal

In accordance with provisions of the lease agreement entered into by Montgomery County (the owner of the subject property) and Crusader Baptist Church of God, the applicant (UBCCI) submits the subject application request, proposing to renovate the east wing of the former school and establish a “cultural resources center”.  As noted in the previously approved special exception request, the applicant, community, and Peerless Rockville were instrumental in petitioning both the County and City in having the former Lincoln School site placed in a historic district. The applicant affirms that by placing the property in a historic district helped to insure the building would be preserved and ultimately provide permanent space to accommodate UBCCI’s long planned cultural resources center.  As previously noted the lease agreement between the County and church allows for a portion of the building to be set a side for a “museum”.  Staff has confirmed that the proposed “cultural resources center” is deemed to be consistent with the intent of this clause.      

 

The proposed resource center will be located in the building’s east wing, the rear wood framed portion of the building which is approximately 1,488 square feet in size.  The center will have a computer lab, activity area, small stage, and kitchen facilities.  UBCCI collects books and other published materials pertaining to African American history and culture and makes it available to those who are interested in such subject matter.  The applicant hopes to make available to interested persons and/or groups, information regarding the African American experience in the United States and its role in the development of the nation.  The applicant plans to offer short courses in painting, sewing, quilting, and woodworking from an Afro-centric perspective.  It is envisioned that the center will host a range of activities which include but may not be limited to the following: workshops, lectures, field trips to places of interest, i.e., museums, the theater, arts and science centers, etc.    

The cultural resources center would employ a staff of five (5) persons and have the following hours of operations:  Monday, Tuesday, Thursday, and Friday 3:00 p.m. to 7: p.m., and Monday thru Friday 9:00 a.m. to 8:00 p.m. (summer months only).  In the Fall of 1999 UBCCI received confirmation from the Internal Revenue Service of its tax-exempt status as a non-profit organization. 

Applicable Section 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 use proposed will not: 

1.  Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.   In 1934, the County Board of Education purchased 8.5 acres of land in the residential community of Lincoln Park, established in the late 1800’s.  The property was acquired in order to establish the first and only public high school for African American children living in Montgomery County.  The school operated from the mid 1930’s until the late 1950’s.  After the school was closed in 1958, the building and its facilities were renovated by the Board of Education.  The former school site was used until the late 1980s by the Board as an administrative office and storage facility.  During the early 1990’s the property was declared “surplus” by the Board of Education which allowed ownership of a portion of the property to be transferred to Montgomery County Government.  In 1992 the County leased the property to the Crusader Baptist Church of God, allowing approximately 89% of building to be renovated and converted for use as a church.  While the church use is not subject to this use permit proposal, it is integral to the applicants’ request because the church would be the predominate site use.   

The applicant’s proposed “cultural resources center” would occupy the remaining 11%  (1,488 sq. ft.) of the building facility.  The applicant’s proposed use would be an ancillary “institutional” use of the property and in keeping with how the property has been used over the course of the last sixty (60) years, e.g., social, educational, institutional, etc.

The applicant does not propose nor explicitly state that the center will hold programs and other activities outdoors.  It appears that all such activity will be conducted indoors, with outdoor activity consisting primarily of staff and participant site arrivals/departures.  While it is likely a great number of visitors will access the site via private vehicle, the site is located on a Ride-On transit bus line and is also within walking distance of the Rockville Metro Rail Station.  It is anticipated that many of the neighborhood children living in close proximity to the site will walk to the center.  As noted, the center will be opened weekdays (excluding Wednesday) between the hours of  3:00 p.m. to 7:00 p.m. and during the summer months Monday thru Friday 9:00 a.m. to 8:00 p.m.  These hours of operation were chosen to insure that the cultural resources center and church were not operational simultaneously.  Such separation in site usage should limit the overall amount of noise, traffic, and other site activity that otherwise would be generated were both site uses operating concurrently.

2.  Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.  Based on terms of the sublease agreement between the applicant and church, the respective site uses will rarely if ever be operational at the same time.  Activities and events carried on by the cultural resources center should not conflict with those of the church.  The planned cultural resources center will be closed on Wednesdays, Saturdays, and Sundays, except during summer months when the center will operate Mondays thru Fridays 9:00 a.m. to 8:00 p.m.  Since the cultural center and church would operate on different time schedules, it is unlikely that vehicular traffic generated by the site uses would be adverse or disruptive to neighboring land uses.  The subject property is located at the southeast corner of North Stonestreet and Lincoln Avenues.  Both streets are public and designed to accommodate vehicular traffic generated by all site area land uses.  The subject property is bound to the north and east by single family detached dwellings and to the south and west by service industrial land uses. 

Existing site area roadways, water and sewer infrastructure, and other public improvements will not require major upgrade or improvements to accommodate the planned cultural resources center.  However, there will be some upgrade and modification of the building’s internal water, sewer, electrical, and heating systems needed to accommodate the planned site use/s.  These improvements are necessary to bring the building facility into compliance with applicable building codes and site use regulations.    The planned renovation and reuse of the former school building should serve to revitalized the property and reincorporate it back into the community as a viable and productive land use.  Were the building and its facilities allowed to remain vacant and unused, the blighting influence it would have on neighboring homes and area land uses would be extremely undesirable.  The applicant hopes that the center will serve both as a community and regional resource, for persons interested in learning more about the past and present contributions African Americans have and continue to make in the development of the nation. 

There is no evidence the planned resources center will be detrimental to other land uses located in the site area.  To insure that the planned and church site uses are not adversely impacted by the neighboring use to the south, the property owner installed security fencing along the site’s southern site lot line, to physically separate the subject site uses from the neighboring MCPS truck-trailer storage use. The presence of these trailers and their close proximity to the subject property create a blighting affect on the subject site and could potentially pose a safety hazard to persons visiting and/or working at the center and church.   

The applicant’s plans to renovate and reuse a modest portion of the building will have no adverse impact on the character of the surrounding neighborhood. The planned site use will not require any exterior alteration or physical expansion of the existing building.  However, because of the age and design of building’s east wing, the entry doors will be replaced with new doors and an access ramp that adhere to the current Americans’ with Disabilities Act (ADA) requirements installed on the south side of the building.  Any substantive exterior renovation or building expansion would require the applicant seek approval from the Historic District Commission (HDC).  The HDC has oversight responsibility for planned improvements to buildings and/or properties located within a historic district.   Since the subject property is located within an historic district, it is unlikely the exterior facade or the former school building will be greatly altered by the planned site use/s.

3.  Constitute a violation of any provision of the Zoning Ordinance or other applicable law.  In accordance with Section 25-296 of the ordinance, “eleemosynary institutions” are permitted in the R-60 zone by grant of special exception.  The subject use permit request as submitted is found to be in compliance with the applicant’s previously approved special exception (SPX98-0264,  Upon full compliance with all of staff’s 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).

Note: Under the church’s previously approved use permit (USE94-0524), the accompanying site plan as approved by the Planning Commission denotes that a total of (90) on-site parking spaces are to be provided.  Since the church will occupy approximately 89 percent of the building and not be operational when the center is opened, the on-site parking facility should easily accommodate the parking needs of the applicant use.  The proposed use, eleemosynary institution (museum), requires one (1) parking space per 200 square feet plus additional parking deemed necessary by the Planning Commission.  The applicant proposes 1,448 square feet be used for this “museum.”  Therefore, seven (7) spaces would be required and one each additional for staff.  It appears there is more than adequate parking if this is the only use.  However, if this use expands or if the County or lessee add additional uses, a new parking plan would need to be approved.

Based on all of the afore noted factors, staff finds adequate justification to recommend approval of Use Permit Application USE2000-00609, subject to the conditions as referenced on pages two and three 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 197 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

Exhibit “1” ­ Site Plan

Exhibit “2” ­ Building Elevation Drawings

Exhibit “3” ­ Floor Plan

Attachment “A” ­ SPX98-0264 Approval Letter