CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

September 28, 2000

SUBJECT

REQUEST

To amend the Zoning Ordinance to allow St. Mary's school for expansion to add classroom space, rearrange space in the existing buildings, add computer labs, expand the kitchen facilities and add offices for teachers and staff.  Phase I of the project would not add students above the current 300 on site. This would be accomplished by adding a new section 25-166 to the Ordinance to provide that "religious education institutions, private" that have been in continuous operation since 1957 are permitted to continue this use as a permitted conforming use.  Buildings or other facilities will be allowed to expand to accommodate existing or proposed increases in student enrollment, needs for laboratory or computer facilities or other educational or staff needs.  Plans for expansion of existing facilities shall be subject to site plan review by the Mayor and Council.

PREVIOUS RELATED APPLICATIONS

·        Use Permit Application U-191-64, Most Rev. Patrick A. O'Boyle - For a new rectory, approved by the Planning Commission on November 13, 1964.

·        Use Permit Application U-219-65, Most Rev. Patrick A. O'Boyle - To build a new church on the property, approved by the Planning Commission on July 21, 1965.

·        Use Permit Application U-320-84, Victory Housing, Inc. - For sheltered housing for 15 frail and elderly persons, approved by the Planning Commission on October 3, 1984.

·        Special Exception Application SPX94-0220, Mark Mckechnie for St. Mary's Catholic School - To expand an existing private education institution by adding a modular classroom, granted by the Board of Appeals on July 16, 1994.

·        Use Permit Application USE94-0525, Mark Mckechnie for St. Mary's Catholic School - to install a modular classroom, approved by the Planning Commission on July 27, 1994.

STAFF RECOMMENDATION - Approval of a modified text amendment as detailed on page 8 and 9 of this staff report.

BACKGROUND

Site Description - St. Mary's school is located on a 6.43 acre parcel at the intersection of MD355 and Veirs Mill Road.  The site is zoned R-90.  Also located on the parcel are an historic church constructed in 1817, the main church built in 1965, a rectory, a cemetery, and the school building.  Within the school building structure are 15 units of elderly housing located in what was a former convent for the nuns who taught in the school. The large church contains 810 seats in the main sanctuary.  The school employs 23 staff as teachers and administrators.  

The school has been in continuous operation at this location since 1957, and the existing school building is approximately 32,105 square feet in size, including a portable classroom that was located on the site in 1997.  The school building was built in three phases with the first part constructed in 1951, an addition in 1954 and a second addition in 1957.  In a letter from the Vicar regarding construction of the new church in 1965, it was estimated that the school housed approximately 800 students daily at that time.  There were double classes of each grade at this time, as confirmed by individuals who attended the school and now send their children to St. Mary's.

The file reflects that in 1965 the site met all requirements concerning setbacks, height limitations, and coverage, and also complied with the parking standard that required one parking space for each seven seats in the sanctuary.  In the use permit staff report from 1965, it states that the while "the development will be able to meet the minimum ordinance parking standard it is unlikely that the minimum standard of the ordinance will prove sufficient in meeting the total peak parking demands of the church.” Therefore, the staff recommended at that time that the church pursue a proposal to convert a portion of the Baltimore Road right-of-way for parking.

Several takings of land from the property have occurred over the years. In 1965, it was estimated that the widening of Veirs Mill Road took a section of property approximately 30 feet deep and 400 feet in length along the road frontage.  When Metro was built, another portion of the site was taken along the railroad tracks.  A request was made in 1984 to waive the requirement for a record plat for the property related to Mary's House.  This request was based on the fact that the title has been in a variety of organizational names throughout its existence and it was impossible to determine the exact boundaries through a title search.  When Metro took the property from the church, the exact amount was determined through a mutual agreement rather than a formal survey.

In 1994, St. Mary's requested and received a special exception for a modular classroom to be placed on the site.  This special exception was approved and the modular classroom has been in use for several years.  At the time of the placement of the modular classroom on the site the school was referred to as a "grandfathered" private school.

The space occupied by the elementary school is not solely dedicated to providing education for the students enrolled in the school.  The building is the only gathering space available to the parish outside of the sanctuary.  It is used for adult education, and CCD education, which is the mandatory requirement for children who are working towards First Communion or confirmation and who do not attend a parochial school.  People attending church functions such as weddings and funerals use the school facilities as there are no gathering spaces within the sanctuary building.  The school building in this situation has the dual purpose of providing elementary educational facilities as well as being an accessory use to a place of worship.

Development Proposal

The construction project is proposed in two phases.  The initial expansion is planned to add additional classroom space, rearrange existing space in the building, add computer labs, expand the kitchen facilities and add offices for teachers and staff.  The total area planned for phase one is an 11,500 square foot addition.  Approximately half of the space in phase one is for a parish multipurpose room and lobby and another portion is for a new media center and hallway to connect the two corridors of the building.  The new media center would replace a small, crowded facility and provide another meeting space for church committees and functions, as well as a more useful resource for the students.  Student enrollment will remain at 300 students at the completion of this phase.  This phase of development would begin in the year 2001.

At present, if the special exception setback standards for a private educational institution are applied, a corner of the existing school structure encroaches into the setback area at the rear of the site, adjacent to the railroad tracks.  While it is the City's policy not to take any action to require that this nonconformity be remedied, it is the current policy that any building addition which would expand the encroachment would require a variance.

Phase two of the project would add classroom space to house additional students.  This segment is still in the exploratory phase.  If carried forward, the second phase will begin in the year 2005.  St. Mary's recently completed a successful capital campaign to fund the cost of phase one expansion.  A second capital campaign to raise additional funds would be required to fund phase two.

Applicable Sections of the Zoning Ordinance

In the Rockville Zoning Ordinance, a private educational institution is permitted in all residential zones by special exception.  This requirement applies equally to all private educational institutions and no distinction is made for those located on the grounds of a place of worship.  As part of the special exception, special development standards are included for this use.  These standards relate to lot size per pupil, lot frontage, and building setbacks. 

In most cases, when more than one use is located on a lot, all requirements are cumulative and all standards of the Ordinance must be met.  In the case of St. Mary's this means that parking for the church, school, rectory, and elderly housing project must all be provided according to Ordinance standards, as follows:

            Church - 1 space for each 4 seats in the main auditorium (810) =  203

            School - 1 space for each 2 teachers and administrators (23) =        12

            Elderly housing - 1 space for each 2 employees (24) =                    12

                                                                        TOTAL                    227 spaces required                

St. Mary's property currently contains a total of 204 parking spaces.  This means that under the current regulations, there is a parking deficit of 23 spaces.  There are enough spaces to meet the parking requirement for the church but when the totals are cumulated, the site does not meet the parking requirement. It does, however, meet the parking requirement of one space for each seven seats in the main auditorium that was in effect in 1965.

With its current student population of 300, the school can meet the existing special exception standard related to lot size, as follows:

The site size requirement for a private educational institution is one acre plus 700 square feet of lot area for each child over 60.  With a total of 300 students at the school, the amount over 60 is equal to 240.  Applying the formula from the Ordinance, the required lot size would be 43,560 square feet (one acre) plus 168,000 square feet (700 x 240) for a total of 211,560 square feet.  Therefore the current student population meets the requirement and expansion would be limited to approximately 97 more children if the school would continue to meet the special exception standard.

The setbacks for a special exception for a private educational institution are at least 50 feet in the front yard, side yards equal to at least two times the tallest institutional building located on the lot which is proximate to the side yard, and a rear yard of at least 50 feet.  The existing building is set back approximately 44 feet from the rear yard, so the existing building does not meet the setback for a private educational institution under the special exception provisions of the ordinance.

Under existing zoning regulations, St. Mary's could apply for a special exception for a private educational institution and also apply for variances from the lot size and setback standards.  Staff believes that the findings necessary to grant both applications can be supported.  There is, however, no variance permitted from the parking standard.  Therefore, St. Mary's has requested consideration of an alternative that allows use of its existing on-site parking and does not require it to proceed through the special exception and variance process.

Court Case Related to Religious Private Educational Institutions

The attorney for the applicant has submitted information on the Montgomery County Zoning Ordinance and a recent court case related to special exceptions for religious private educational institutions.  The case found that a Montgomery County exemption from Ordinance requirements allowing religious private educational institutions to avoid the need for a special exception was constitutional. This decision did not, however, take away the prerogative of a municipality to require a special exception.

According to the Zoning Bulletin, a national publication that highlights important land use decisions across the country, the decision stated that by exempting parochial schools from the special exception procedure, Montgomery County avoided unconstitutional interference with such schools' religious missions that otherwise could result. Second, the case found that simply relieving the school of the administrative burden of pursuing a special exception did not advance religion.  Any advancement of religion that occurred would be the result of the religious school's own acts in light of the exemption, as opposed to Montgomery County's elimination of an otherwise applicable requirement.

Nonconformity Issues

According to Section 25-164 of the Zoning Ordinance, when a building is nonconforming, it may be expanded as long as the development nonconformity is not expanded or extended.  Also structural alterations may only be made for purposes of eliminating the development nonconformity or keeping the building in sound structural repair.  The most prevalent reason why a use or a building becomes nonconforming is because the property on which it is located has been rezoned.

The attorney for the applicant states that the reason the school is a development nonconformity and cannot meet some of the standards of the Ordinance is because of the takings of land from the site by the State Highway Administration and Washington Metropolitan Area Transportation Agency for Metro.  He points out that there is no room to expand the parking lot because St. Mary's is surrounded by highways and railroad tracks.  Therefore, because of governmental actions the site no longer meets all the requirements of the Zoning Ordinance.

The attorney cites Montgomery County legislative actions that have been taken to allow nonconforming uses to be considered conforming, and asserts that these are applicable to the Saint Mary's situation; he suggests that the City can take a similar approach with Saint Mary's. However, the examples cited from the Montgomery County Zoning Ordinance all deal with properties that have been rezoned, which is different from the Saint Mary's case.  Staff does not feel that declaring a development as conforming is a method that should be used in this case because the site is not a development nonconformity because of a rezoning of the property.

ANALYSIS OF ISSUES

The application seeks to modify the Zoning Ordinance to include a provision that will modify the status of the school.  With the proposed additions of space, the school, according to existing regulations, would become a development nonconformity in relation to setbacks, lot size, and parking.  Each of these issues is addressed separately in the following analysis.

Parking

Staff finds that since the school and the church are used primarily at non-overlapping times, the parking needs are not cumulative but are also non-overlapping. School is in session during the weekdays while most church functions such as masses and weddings are held on the weekends.  In fact, as noted in 1965, the parking on the site is likely not adequate for peak usage times.  Therefore, requiring that additional parking spaces be provided on the site appears to be somewhat futile, given that in reality, even the required number of parking spaces will not accommodate the number of worshipers that come to the masses.  Since the majority of the parking need occurs when the surrounding office uses are mostly vacant, there does not seem to be a noticeable impact on the area. 

Lot Size

The school has functioned for over 40 years at this site with a fluctuating student enrollment that has ranged from the current level of around 300 students to a high of around 800 students.  While the school meets the lot size requirement at its current level, expansion of the student population would not significantly affect the operation on the site as it has previously been accommodated on the same site in previous years.

Setbacks

The encroachment into the setbacks is related only to the fact that the building is used as a private educational institution.  If the building were used only for functions connected with the church, these setbacks would not be required.  In essence, the school on this site serves more as an accessory use to the church function than as a separate private educational institution.  Therefore, staff is comfortable in allowing the church to expand the school building without requiring that the building meet the setback standards of the special exception requirements.

Additional Considerations

At least half of the phase one addition is for the use of the church.  Since there are no new seats being added to the sanctuary, there is no need for additional parking for this addition.  Also, no special exception would be required for expansion of the church facilities even though a special exception is required for expansion of the school on the church's site.  This is because an accessory use to a place of worship is a permitted use in the residential zones, unlike a private educational institution which requires a special exception.

Applicability of the text amendment

There are several private educational institutions on the grounds of a place of worship within Rockville besides Saint Mary's.  This category of use does not include private educational institutions that may be housed in places of worship but are not affiliated directly with the congregation, such as preschools or nursery schools, or private schools without religious affiliation. 

The existing private educational institutions besides St. Mary's are Christ Episcopal School on South Washington Street and St. Elizabeth's School on Montrose Road.  St. Raphael's church has a kindergarten and first grade school on its site, which feeds children into St. Elizabeth's for the upper grades.

St. Elizabeth's Church and School were annexed to the City in 1993.  At that time the property was placed in the R-75 zone.  In 1994, when the school wanted to add two modular classrooms, it was required to obtain a special exception for a private educational institution.  The staff report stated that since no special exception had been granted to the school in Montgomery County, there was a need for the school to obtain the special exception from the City.  Since that time, the church and school have both been subject to several special exceptions and use permits, as well as a variance.

In the case of Christ Episcopal Church, there is no existing use permit or special exception for the entire church and school, which was established in 1966.  The site is substandard and does not meet the lot size or parking standards of the special exception.  A small school addition was requested and approved in 1981, and this was the subject of a use permit.  At the time, it was stated that no additional parking was required for the construction because the seating capacity of the existing sanctuary was not being changed.  A special exception and variances were granted by the Board of Appeals in 1992 when the kindergarten classes were moved into the residence two houses down from the existing school building.

RECOMMENDATIONS

Staff is concerned that applicant's proposed text amendment would provide an unlimited authority for future site development and the staff is reticent to support such a blanket relaxation of the regulations.  Although staff believes that the Saint Mary's development proposal meets all the tests for granting of both a special exception and a variance, staff understands the applicant's request for special consideration for the site because of its long history of use and development and because of its location adjacent to a railroad right-of-way and a state highway.  The site has accommodated the large parish and its ever-changing needs for many years, and continued upkeep and improvement on the site will allow the church and school to continue to serve its parish for many more years.  The situation on the site is somewhat unique in that the facilities of the private religious educational institution are used for parish functions such as continuing education in addition to the standard elementary school functions.

Staff and the applicant have considered several modifications to the Zoning Ordinance that would allow Saint Mary's a reasonable continued use of its property.  Some of the possibilities included not requiring setbacks from the railroad right-of-way, allowing the use of smaller parking spaces, reducing the width of driveway aisles, adjusting the parking requirements to take into account nonoverlapping uses, and/or changing the lot size requirements for special exceptions. However, it is possible that there are more comprehensive ways to approach this problem, and staff has developed several alternative language proposals that would provide Saint Mary's with the opportunity to enhance their educational programs on its existing site.  These proposals are discussed below.

1.  The first option would be to continue to require a special exception but make the place of worship exempt from the special development standards of Section 25-356(b)(1)c.2 that relate to lot area, lot frontage and setbacks. A special exception would still be required but no variance would be required because the development standards would be those of the underlying R-90 zone, not those added by the special exception. The following language could be used to modify the Ordinance:

Private educational institutions which are located on the grounds of a church, synagogue or other place of worship and are directly affiliated with the place of worship shall be exempt from the special development requirements of the special exception process as listed in Section 25-356(b)(1)c.2.

2.  If the Mayor and Council wish to require that a special exception be necessary and wish to make this text amendment specific to St. Mary’s, the following language could be used:

Private educational institutions that have been in continuous operation since 1957 on sites that contain a church and abut a railroad right-of-way and which are used as both private educational institutions and accessory uses to a place of worship are exempt from the requirements of Section 25-356(b)(1)c.2.

3. If the Mayor and Council do not believe that an institution such as Saint Mary’s or other religious schools on the grounds of a place of worship should be subject to the special exception process, the following language could be used:

Private educational institutions that are located on the grounds of a church, synagogue or other place of worship and are directly affiliated with the place of worship shall be exempt from the requirement to obtain a special exception.

4. Another option to consider is that a special exception would be required only if the number of students attending the school were increased. In this case, the institution would be exempt from the special exception requirements if they were making modifications only to enhance the educational experience for the current student body and congregation, similar to the phase one project envisioned by Saint Mary’s. If a more extensive project were requested, then the special exception process would be applicable. A final choice in this scenario would be whether or not to require the special development standards of the special exception. or to make the application subject only to the general findings. The language below could be added to either of the sections above to obtain this outcome:

........as long as no new student capacity is being added to the institution.

5. Another possible way to accommodate St. Mary’s request and also make the provisions applicable to other religious schools would be to amend the definition of an "accessory use to a place of worship" which is currently a permitted use in the Zoning Ordinance. This choice would exempt the schools from the special exception requirement by adding them to the permitted accessory use definition.

The current definition of accessory use to a place of worship is below in standard type, and the possible addition is in italic:

Accessory use to a place of worship means a use clearly incidental and customary to a place of worship, operated and maintained under the same ownership and on either the same record lot or on a lot contiguous to the record lot as the place of worship. Private educational institutions that provide elementary education on the grounds of a place of worship and which are directly affiliated with the place of worship shall be considered an accessory use to a place of worship.

6. With regard to the provision of parking on the site, staff realizes that in existing situations, compliance with current regulations is not possible, although the technical requirements of the Zoning Ordinance would require compliance if the use on the site were expanded. However, since the number of parking spaces is related to the number of seats in the main auditorium of the place of worship, no additional requirement should be imposed unless additional seats are being added. In the case of St. Mary’s, since the church was built under a different ordinance standard than currently exists, it is sensible to allow the parking to remain as is even if expansion on the site is requested. The following language would allow this option:

...one space for every four seats in the main auditorium, except that churches, synagogues and other places of worship built before 1975 when the Ordinance required one space for every seven seats are not required to provide additional parking when the facilities on the site are expanded, unless additional seats are being added to the main auditorium of the church, synagogue or other place of worship so long as the original requirement of one space for every seven seats is met.