Statement of Justification

Transcription

1 Statement of Justification Westfield Montgomery Mall 7101 Democracy Boulevard, Bethesda, Maryland Application for Preliminary Plan Amendment and Site Plan Amendment I. Introduction Unibail-Rodamco-Westfield, the owner of Westfield Montgomery Mall (the "Applicant") requests approval of a Preliminary Plan Amendment and Site Plan Amendment (the "Application") in connection with the redevelopment of the property located at 7101 Democracy Boulevard in Bethesda, Maryland (the "Property"). The proposed redevelopment, to occur over four phases, provides an opportunity to reinvest in and expand one of the more successful shopping centers in the region to ensure its continued relevancy in the rapidly changing retail environment. As described in greater detail herein, the Applicant is proposing the following changes to the existing Mall property: 1. Demolition of 233,019 square feet of gross floor area ( GFA ) 1 of existing retail and the addition of 508,829 gross square feet of Lifestyle retail for 1,840,421 gross square feet (GFA) of total retail. 2 The majority of the proposed retail will be accessed externally and oriented along either a plaza or woonerf, and will include several restaurants, upscale shopping, and a fitness center. Note: Upon approval of the Preliminary Plan, the total allowable retail density will be 209,435 gross square feet less than that allowed pursuant to the current Preliminary Plan and based on the 1,814,993 square feet to be constructed under the Site Plan, only 275,810 gross square feet more than what currently exists on the Property. 2. Incorporation of residential uses The Applicant proposes the construction of three separate residential components with a total of 717 residential units, including 108 moderately priced dwelling units ( MPDUs ) (831,270 gross square feet) to be constructed in connection with the development of phases I, III and IV. 3. Inclusion of 26,260 GFA of shared office space. 4. Development of a 261 room (182,780 square feet) hotel, including 28,630 GFA of amenity space. 1 Except where noted, all square footage reflects gross floor area ( GFA ). 2 The Preliminary Plan seeks approval of 1,840,421 square feet of retail, while the Site Plan requests approval of 1,814,993 square feet. The 25,428 square feet not captured by the Site Plan is intended for future development.

2 Note: The hotel was previously approved by the existing Preliminary Plan. However, Site Plan approval was not obtained and the hotel was not constructed. The development of the four phases is referred to collectively as the "Project." As will be discussed in detail below, the project substantially conforms to the recommendations of the 2017 Rock Spring Sector Plan (the "Sector Plan"). The Project also complies with the standards and requirements of the Montgomery County Zoning Ordinance (the "Zoning Ordinance") and Chapter 50 of the Montgomery County Code (the "Subdivision Regulations"). II. Background A. Prior Approvals 3 Westfield Montgomery Mall was constructed in 1968 pursuant to the approval of a subdivision for Parcel F (Plat 8390) and initially expanded in In 2005, the Applicant obtained Preliminary Plan ( ) and Site Plan ( ) approval for a major renovation of the Mall to accommodate 500,000 square feet of additional retail and a future hotel, for a total of 1,742,172 square feet of GLA (2,020,920 GFA). While the Preliminary Plan was approved for 2,020,920 square feet of GFA, the Site Plan did not include the hotel, and thus the total square footage approved under the Site Plan was 1,542,172 square feet of GLA (1,788,919 GFA). These approvals were amended in 2007 to incorporate existing Parcel B (the one-story shopping center along Westlake Drive) into the overall Mall site and to include the existing 25,005 square feet into the overall approvals. Thus, in 2007, the Planning Board approved Preliminary Plan A for 1,767,177 square feet of GLA (2,049,856 GFA) and Site Plan A for 1,601,556 square feet of GLA (1,857,805 GFA). In 2014, the Preliminary Plan was again amended (Preliminary Plan B) to modify several of the conditions of approval relating to the required transportation improvements. The Site Plan was amended in January 2012 ( B) to modify a number of site design and transportation related features, and then again in November 2012 ( C) to reconfigure 65,000 square feet of retail and parking. Lastly, in 2015 a minor Site Plan Amendment was approved to modify signage and provide for a temporary reconfiguration in parking adjacent to the Montgomery Mall Transit Center (the "Transit Center"). The 2005 and 2007 approvals were intended to further the exclusively retail mission of the traditional shopping mall. However, in recent years, the world of retail has changed dramatically, and retail shopping areas have needed to reinvent themselves in order to remain relevant and maintain their economic viability. The Applicant s approach for maintaining success at Montgomery Mall is based on the approach it has applied to its other mall properties, 3 Pursuant to M-NCPPC Staff s request, the prior approvals that identified square footage in terms of net leasable area have been converted to gross floor area (GFA) using a 16 percent factor. This conversion of the base approvals to GFA allows for an equitable comparison of existing, previously approved and proposed density. A tabulation describing the previous Approvals for the Preliminary Plan and the Site Plan, compared to the proposed Amendments is attached hereto as Exhibits A and B. 2

3 including University Town Center in San Diego, and Topanga, outside of Los Angeles, which has proven highly successful. The proposed Project will offer more of an experiential shopping experience than is currently provided at the Property. B. Recent Development Pursuant to Approvals In 2013 and 2014, the center went through a major interior renovation and expansion which included the new 16 screen Arclight Cinema and two level dining terrace. Also in 2014, Cheesecake Factory, Crave, and several other restaurants were added with exterior facing facades. In addition, in connection with the 2005 Preliminary Plan and Site Plan approvals, the Applicant was required to construct a new Transit Center in the northeast corner of the Property following the development of a specified amount of density 4. However, the Applicant constructed the Transit Center in advance of this trigger and in 2016 the new Transit Center, which features six bus bays, three bus layover spaces and improved bus circulation, was completed. III. Property Description A. Property Location The acre (net) Property is located in the northwest quadrant of Interstate-270 and Democracy Boulevard. It is bounded on the north by Westlake Terrace and to the east by Westlake Drive. The Property does not include the gas station parcel located at the corner of Democracy Boulevard and Westlake Drive. The Property was platted in 2013 (Lakeview, Parcel P, Plat No ) and included all required road dedications. In connection with the proposed development, no additional dedication is required. The proposed redevelopment is to occur along the northern portion of the Property, including along the Westlake Terrace frontage, on approximately one-third of the overall site. B. Zoning and Permitted Uses The Property is zoned GR-1.5, H-45 and is subject to the Regional Shopping Center ("RSC") Overlay zone pursuant to Section B. Combination Retail, Retail/Service Establishments (85,000 square feet and over), a theater complex, hotel lodging, and residential uses are permitted by right in the RSC Overlay zone. C. Existing Conditions The portion of the Property on which the redevelopment is proposed is currently improved with a Sears store, the Macy s Home Store and associated surface parking. The Transit Center is located in the northeast corner of the Property, and an Avis and Budget Car 4 Public Improvement Agreement No provided that the Transit Center was to be developed whenever Developer expands the Mall by an additional 10,000 square feet or more beyond the floor area permitted in Phase Ia. 3

4 Rental is located on a pad site along Westlake Terrace, half way between I-270 and Westlake Drive. Associated surface parking for the Transit Center, pad site and Montgomery Mall patrons occupies the remaining portions of the Property subject to the proposed redevelopment. Vehicular access to the Property is currently provided via nine access points (separate ingress and egress drives on Democracy Boulevard; five on Westlake Drive one at the signal in front of Macy s, one via the parking garage adjacent to the food court, two serving the Westlake Crossing Center, and one into the northern parking lot; and two on Westlake Terrace). As discussed in detail below, the proposed redevelopment will remove much of the surface parking in the northern third of the Property and replace it with a variety of uses that will ultimately create a more lively community and pedestrian-friendly environment. D. Surrounding Zoning and Land Uses The Property is surrounded by Commercial/Residential and residentially zoned properties, which are currently improved with various commercial and residential uses. The surrounding areas are more specifically described as follows: North: To the north of the Property, across Westlake Terrace, are the Jim Coleman Toyota/Infinity/Cadillac car dealerships and a Home Depot, zoned CRT-2.25, C-15, R-0.75, H- 150, and the former site of the Ourisman Ford car dealership, zoned CRT-2.5, C-1.5, R-2.0, H With respect to the former site of the Ourisman Ford car dealership, there is currently a site plan amendment (No B) pending approval, which proposes a redevelopment that will provide up to 344 multi-unit dwellings (with a building height up to 75 feet), structured parking and residential amenities. The proposed Project will complement this residential development. East: The Property is bordered on the east by Interstate-270. Confronting the Property across Interstate-270 is the Rock Spring office park. The Property to the northeast is zoned CR- 1.5, C-1.25, R-0.75, H-200 and the property to the east is the current headquarters of Marriott International, zoned CR-1.5, C-0.75, R-0.75, H-150. South: The Property is bounded on the south by Democracy Boulevard. A residential townhouse development zoned RT-8.0 is located to the south of Democracy Boulevard. West: Confronting the Property to the west, across Westlake Drive, is the Bethesda Court townhouse/condominium community, zoned R-30; the 10 story Lakeview Apartments, zoned R-H; and the four story West Spring Condominium multifamily complex, zoned R-20. The corner of Westlake Drive and Westlake Terrace is improved with the former ATM drivethru service building for Chevy Chase Bank, zoned R-30. IV. Proposed Development A. Development Program 1. Overall Description 4

5 The Applicant proposes to redevelop the Property pursuant to the development standards of the GR Zone and RSC Overlay zone. The proposed Project will be located in the north/northeastern portion of the Montgomery Mall Property and will result in 2,049,461 square feet of gross floor area of nonresidential uses and 831,270 gross square feet of residential density (717 residential units) for a total density of 2,880,731 square feet of GFA pursuant to the Preliminary Plan. The total constructed under the Site Plan is 2,855,303 square feet. In accordance with the GR Zone, the overall residential development, as well as the residential development on a per phase basis, will represent a maximum of thirty percent (30%) of the total development of the Property. The nonresidential uses will include a hotel, a fitness center, a creative shared office space, and a variety of retail/service establishments, including restaurants and upscale shopping. The building orientation and site layout have been designed to activate Westlake Terrace and to attract visitors to the existing portions of Montgomery Mall. The architecture for the planned development will contain classic materials such as brick and stone coupled with contemporary elements. Scale and textural experience will be emphasized with the design. As discussed in detail below, the development of the Project will occur in four distinct phases. The anticipated scope of development is detailed below, although the Applicant reserves the right to revise the extent of the development that will occur within a particular phase. 2. Phases of Development 5 a. Phase I The primary driver behind the Phase I development is the planned closing of Sears in 2018 and Sears sale of its two-level department store building and its tire and battery store to the Applicant. Recognizing the limited use of the building, the Applicant plans to demolish the 233,019 gross square foot retail buildings and replace them with 213,018 gross square feet of new retail. The new retail will be external to the Mall and located along open air plazas or a woonerf, as discussed below. The ground floor retail, which will also include a number of restaurants, will be improved with five levels of residential uses above (with a height of approximately 75 feet). Phase I will also include the 50,000 gross square foot extension of the Macy's department store that is located on the western portion of the Property, to accommodate the Macy s Home Store. The new retail along the woonerf combined with the Macy s expansion (213,018 GFA) will result in a total of 1,519,182 retail GFA in this phase, or 20,001 gross square feet less retail on the site than currently exists. The residential building in Phase I will be the largest of the three residential buildings and will be located in the approximate location of the existing Sears building. The building will provide a total of 369 units, including 56 MPDUs, (431,105 square feet) (43 percent one-bedrooms; 50 percent two-bedrooms; and 7 percent three bedrooms) and will be accessed from two separate residential lobbies. Phase I will also involve the construction of the woonerf the "living street" that will serve as the Project's defining feature. This pedestrian-friendly road will activate an area of the Property that is currently dominated by vehicular traffic. A more detailed discussion of the 5 A calculation of the existing and proposed square footage for each use (i.e., retail, office, hotel, and residential), per phase, is attached hereto as Exhibit C. 5

6 woonerf and its purpose, as well as the open air plazas, is provided in Section IV.B. Phase I will include the majority of the development fronting the woonerf on the south. The 13,233 GFA of shared office space (the first phase of the shared office space) will be located with frontage on the woonerf in the center of the Project. The office space is intended to complement the residential and retail uses and promote the live, work, play concept of the Project. An important component of Phase I is the valet service area that will be provided along the eastern boundary of Phase I, at the entrance to the woonerf. With an increasing number of people relying on driving services, the inclusion of a valet area is an important component of the Project. The valet service is expected to be a popular aspect of the redevelopment and heavily used by Mall patrons, as well as residents and residents visitors. As such, the valet service area is conveniently located off of Westlake Terrace and will be an active focal point of the Project. b. Phase II Phase II will involve the construction of a four-level 150,000 gross square foot fitness center. The fitness center is planned as a comprehensive health facility that will focus on all aspects of wellness and as such will be an attractive feature for the residents of the Project, with a penthouse level to include a pool. An accessory, standalone, approximately 516-space parking structure will be located to the east of the fitness center. Both of these structures will be located on the eastern portion of the Property, directly east of the Sears site and southwest of the Transit Center. In addition, Phase II will include the reconstruction of the former platform parking structure located in the elbow between the Macy's and Nordstrom anchor stores in the southwest corner of the Property. The prior one level parking platform will be replaced with a two level platform during Phase II. c. Phase III Phase III will involve the eastern portion of the development located on the north side of the woonerf. This phase of the development will involve a 7-floor mixed-use building (approximately 85 feet in height) that will provide 240 residential units, including 36 MPDUs (267,915 gross square feet) (47.5 percent one-bedrooms and 52.5 percent two-bedrooms) and 36,214 gross square feet of ground floor retail. The framing of Westlake Terrace will begin with the development of Phase III and will be completed with Phase IV. The development along Westlake Terrace will be significant from a design standpoint in that it will transform the aesthetic of the suburban retail mall to a more urban environment. The Phase III development will complement the residential development planned on the Ourisman Ford site. The 85 to 150- foot tall buildings along Westlake Terrace will be set back approximately 20 feet from the curb in order to provide a meaningful sidewalk width, to encourage pedestrian activity. As discussed in more detail in the "Open Space and Amenities" section of this Statement (Section IV. B), the streetscape will be improved with enhanced landscaping and hardscape to promote Westlake Terrace as the spine through the Rock Spring Sector Plan area. The Phase III development will simultaneously complete the framing of the woonerf by developing that portion of the Property along the north side of the shared street. 6

7 d. Phase IV Finally, Phase IV will include a 12-story hotel/residential building and a retail building. The hotel/residential building will provide for the 261-room hotel (182,780 square feet), including 28,630 square feet of amenity space on floors 1-7. The 108 residential units, including 16 MPDUs (132,250 gross square feet) (approximately 50 percent one-bedrooms and 50 percent two-bedrooms) will be provided on floors The hotel and residential lobbies will both be located on the second floor of this structure and the ground floor will be devoted to retail to activate the street. The three-level stand-alone retail store at the corner of Westlake Drive and Westlake Terrace will anchor the overall Project and highlight the predominantly retail nature of the Mall Property. In addition, Phase IV will also include ground floor retail and the completion of the creative office building (an additional 13,027 gross square feet will be added to previously constructed 13,233 gross square feet of office space from Phase 1) for a total of 26,260 of office GFA. A total of 109,597 square feet of retail GFA will be provided in this final phase. Like Phase III, the development of Phase IV will complete the framing of Westlake Terrace, as well as the woonerf. B. Open Space and Amenities The core interior space for the project is a new Winter Garden which is envisioned as a voluminous, light-filled atrium that will serve as the transition between the existing covered mall and the new exterior development. A skylight roof will create a visual connection to the residential above, and tall glass threshold doors will provide a seamless pedestrian experience to and from the existing mall. The central unifying feature of the Project is the proposed woonerf that will activate the entire Project. The woonerf extends from the valet area adjacent to the Transit Center parking area to Westlake Drive. All of the uses proposed by the Project, save the health club the retail establishments, restaurants, residences, shared work space and the hotel will line both sides of the woonerf to create an inviting pedestrian-friendly environment. The woonerf will create opportunities for a variety of open space features that will enhance the attractiveness and vitality of the Property. The woonerf will be lined with mature trees and planting areas and will feature textured paving, amenity seating zones, and café patios. The woonerf will function as a one-way "living street" (with vehicles moving in a northwesterly direction) where all modes of transportation, including automobiles, bicycles, and pedestrians, will be given equal priority. Inspiration for the woonerf is provided in part by the recently completed first phase of the Wharf project in Washington D.C., where the shared street has been very successful in attracting visitors to the area. In the case of Montgomery Mall, the woonerf solves a design challenge, unique to the Property. As noted, the impetus for the Project is to reinvigorate a very significant asset - - the retail mall. For this reason, any additional development must be carefully integrated into the existing development and work to encourage access to, and interaction between, the new and old assets. The woonerf is intended to bring visitors into the interior of the Mall Property. Special attention has been given to the two primary areas (Heritage Courts and Paseos discussed below) that will provide the connection between the existing portions of the Mall and 7

8 the new Project. For this reason, it was important that the new development did not turn its back on the existing Mall or unintentionally serve as a barrier to access. At the same time, the Applicant recognizes the importance of Westlake Terrace in the overall design of the Rock Spring Sector Plan area. For this reason, the Phase III and Phase IV development has been carefully designed to also activate the Westlake Terrace frontage of the Property, while not detracting from the woonerf. In this light, the buildings along Westlake Terrace will provide entrances to retail, hotel, and residences. The buildings are oriented to frame the street, but will be setback 20 feet from the Westlake Terrace curb to provide a comfortable pedestrian experience. The streetscape will be improved with enhanced landscape and hardscape to promote activation and two pedestrian paths located on either side of the hotel will provide a connection from Westlake Terrace to the woonerf. The width of the Westlake Terrace sidewalk is intended to encourage pedestrian activity but is not so wide that the viability of the activity in this area is diluted. On either side of the access drive located directly across from Auto Park Avenue which leads directly to the below grade parking, the at-grade improvements are intended to promote pedestrian access directly to the main shopping level and enhance the pedestrian experience, while recognizing the necessary function of the parking access drive. (The below grade parking and the access is discussed in more detail in Section IV.D.). Additional open amenity space, identified as Heritage Court and Paseos, is intended to complement the woonerf. These areas will provide amenity space that will engage patrons and facilitate community interaction. At the southeast portion of the redevelopment site will be a Winter Garden area surrounded by "lifestyle" retail and residential uses. Heritage Court and Paseos will intersect with the Woonerf at the very center of the Project, and will function as the main hub for outdoor recreation. These outdoor plazas are generously sized (approximately 40,000 square feet) and will be available for year-round use and enjoyment. The design of both spaces is intended to maximize light and air, as well as opportunities for diverse forms of public recreation (e.g., ice skating, yoga classes, live music concerts, etc.). In accordance with the requirements of the GR Zone, ten percent of the entire Property must be devoted to amenity open space, which pursuant to Zoning Ordinance Section 6.3.3, includes open space such as lawn, garden, planting areas and walk and pathways. As indicated on Sheet C 2.00, the Project complies with this requirement and will provide a total of 17.7 percent (458,900 square feet) amenity open space. It is important to note that this requirement is based on the land area of the entire Property, while only approximately one-third of the Property is being redeveloped. The area of the new development provides a generous amount of amenity open space, and includes the woonerf (the vehicle areas of the woonerf are excluded from the calculation), Heritage Court and Paseos, the sidewalk and open space along Westlake Terrace, and the numerous other open space nodes provided throughout the new Project area for the benefit of the visitors and residents of the Project. C. Landscaping and Lighting 8

9 Landscaping and lighting for the Project will be provided in accordance with the applicable requirements for the GR zone, as shown on the Landscape Plan submitted concurrently with this site plan application. D. Vehicle and Pedestrian Circulation A critical feature of the entire Project is easily accessible parking for the visitors of the Mall. One of the critical tenets of success of the suburban shopping mall was providing customers with convenient parking accessible from all sides of a mall. While the introduction of residential uses, outdoor shopping and dining, and open amenity spaces represents an evolution in the original Mall design and purpose, the reality is that the vast majority of visitors and residents to the Mall will still depend on vehicular travel to and from the Mall. As a result, the overall success of the Mall is highly dependent upon the provision of accessible parking. This critical factor played a major role in the design of the Project. Currently, surface parking is highly visible from each of the four entrances to the Mall Property. Approximately 37 percent of the Mall patrons access the Mall via the two entrances located off of Westlake Terrace Drive, which lead directly to conveniently located surface parking. The development of the Project will change this, with street oriented buildings replacing the surface parking and the existing surface parking being relocated to either below grade parking or structured parking. As a result, it is imperative that access to the parking remain visible, convenient and highly accessible. The primary access to the below grade parking will be off of Westlake Terrace, at the intersection of Auto Park Avenue. Given the grades of the Property, access to the parking in this location provides the most direct route to the below grade parking. Moreover, given the number of visitors accessing the Property from the west (37 percent of the total number of visitors to the Mall), the existing traffic light at Westlake Terrace and Auto Park Avenue makes this the most appropriate access point to the parking. Vehicular access will also be provided north of the valet service location. Vehicles entering at this point at the intersection of Motor City Drive and Westlake Terrace may continue south and access either the existing parking structure located to the east of Nordstrom or the ring road leading to Democracy Boulevard. An important benefit of the Project is the introduction of a pedestrian circulation system to the Property. Pedestrian circulation is integrated into the entire Project area, including from the periphery along Westlake Terrace where three pedestrian paths lead into the interior of the Project. Once within the interior of the Project, the woonerf, Heritage Court and the Paseos provide a generous circulation system connecting the existing Mall structure with the new Project component. Finally, bus circulation to the Transit Center will continue to be provided in the northeast corner of the Property, with buses entering the Property at the intersection of Motor City Drive and Westlake Terrace and exiting at the driveway further to the east, immediately adjacent to the Transit Center. E. Parking and Loading 1. Parking 9

10 While the table below indicates the parking that would be required if the Applicant were to apply the maximum 20 percent Non-Auto Drive Mode Share ( NADMS ) adjustment, the Project at full build out applies only an 11 percent NADMS adjustment. The Project upon completion of Phases 1, 2, and 3 applies a NADMS adjustment of 2 percent, 1 percent and 4 percent, respectively. As the following table indicates, the overall Project, as well as each individual phase, meets the Zoning Ordinance parking requirements, with the application of the NADMS adjustment permitted by Section I.7.a. Phases (cumulative) Base Requirement After NADMS 20% Required Adjustment Proposed Phase 1 5,743 4,595 5,773 Phase 2 6,343 5,075 5,663 Phase 3 6,787 5,430 6,588 Phase 4 7,498 5,999 6,740 A more detailed parking tabulation, which sets forth the parking requirements by use, is attached as Exhibit D. The Applicant s approach in satisfying the parking requirements is as follows: Retail - Approach the 4 parking spaces per 1,000 square feet of GLA, pursuant to the RSC Overlay Zone Hotel spaces per key Hotel 6 spaces per 1,000 square feet of GFA Office spaces per 1,000 square feet of GFA Residential - 1 space per unit It is the Applicant s goal to provide the needed number of parking spaces to meet the market demand of the Project and at the same time, avoid constructing unneeded parking facilities. There are several factors associated with the Project which support the provision of a total of 6,740 parking spaces. a. The mixed-use nature of the Project Upon full build-out, thirty percent of the development will be residential uses and the remaining will primarily be retail uses, a 261- room hotel and a minimum amount of office space. In general, parking at regional malls is designed to provide adequate parking during the peak holiday demand periods. The remaining majority of the year (realistically 11 out of 12 months) there is an excessive amount of parking provided. Moreover, with changing retail trends, the parking demand during the holiday period has decreased over the years and the Applicant has determined that even during the holiday season, more than an adequate number of parking spaces will be provided. The 10

11 residential and retail uses will have a shared parking arrangement, and the generous number of retail spaces will be more than adequate to accommodate any additional residential parking needs. b. Montgomery Mall Transit Center The Montgomery Mall Transit Center (the "Transit Center"), which serves seven bus lines daily (each providing predictable service at regular intervals throughout the day), 6 including two to the Grosvenor Metro Station, is conveniently located in the northeastern corner of the Property, adjacent to the majority of the proposed new development. While a majority of bus riders are Mall patrons and employees, it is anticipated that the residential development will result in increased use of the Transit Center. c. Changing Driver Behavior Car services such as Uber and Lyft have dramatically altered driver behavior and it is anticipated that the increased use of these services will continue to result in a decrease in vehicle ownership. In addition, it is important to note that the overall residential development is expected to be built out over a period of 6-10 years. At the same time, at some point in the relatively near future (the data suggests anywhere from 2020 to 2040), self-driving cars will become a reality, which will dramatically reduce the number of parking spaces needed in the overall development. Overall it is the Applicant s objective to carefully plan for the number of parking spaces that will be needed at the outset upon full build-out of the project and at the same time, realistically plan for the future when inevitably the number of needed spaces will decrease. 2. Loading The required number of off-street loading spaces is determined by the number of dwelling units, gross floor area of the use, and the type of use. The Project will provide the required number of off-street loading spaces with proper dimensions, maneuvering area, and safety design. Each of the three residential buildings will include one dedicated loading space that will be located at the lower garage level. The loading for the hotel will be provided as a shared space with the Phase IV retail. Finally, in terms of the retail and restaurant uses, a total of four new and one existing reconfigured loading areas are located in the lower garage level. V. Sector Plan Compliance: 2017 Rock Spring Sector Plan The 2017 Rock Spring Sector Plan (the "Sector Plan") identifies three distinct development areas that present different challenges and opportunities for growth and improvement. The Property is located within the Rock Spring West/Mixed-Use Regional Marketplace cluster, which includes properties located west of the Interstate-270 spur and north and south of Westlake Terrace. With respect to the Property, the Sector Plan confirmed the GR- 1.5, H-45 zone, and supported an amendment to the Regional Shopping Center Overlay zone to include residential uses and an increase in the maximum allowable height for residential uses and hotels to 150 feet. 6 The Montgomery Mall Transit Center serves Ride On route numbers 6, 26, 42, 47, and 96, and Metrobus route numbers J2 and J3. Ride On routes 6 and 96 take passengers to and from the Grosvenor Metro Station. 11

12 The Project complies with the following Overarching Goals and Design Guidelines articulated in the Sector Plan: Overarching Goals Land Uses and Urban Design: Establish a redevelopment framework that provides a greater mix of uses and amenity options for businesses and their employees, as well as residents, both in the long and short term. (p.18) Comment: The Project will provide a variety of retail/service establishments such as restaurants, and upscale shopping, as well as other amenity options including the Heritage Court and Paseos, which will all work in tandem to help establish a recreation destination for patrons of Montgomery Mall and residents. Other uses such as the comprehensive fitness center and hotel will draw visitors beyond the immediate vicinity, and will give the Property a potentially greater market reach than it currently enjoys. Such an extensive variety of uses will trigger the evolution of Montgomery Mall from a traditional brick-and-mortar retail shopping center into a viable "live-work-play" experience. Land Uses and Urban Design: Create opportunities for infill or redevelopment of single-use commercial areas and surface parking lots with a greater mix of uses and public spaces that will reshape Rock Spring into a well-integrated community. (p. 18) Comment: The Project redevelops a large surface parking lot with a greater mix of uses, and adds open spaces that will activate a "dead zone" of Montgomery Mall and cultivate community interaction. This portion of the Property that is currently a surface parking lot will help to cultivate a well-integrated community with a variety of uses. The activated sidewalk along Westlake Terrace will frame the entire Project. Community Facilities: Encourage new prototypes of public facilities that promote innovative design. (p. 18) Comment: The Project incorporates two open air plazas Heritage Court and Paseo, and the woonerf, into an innovative design that provides needed amenity areas and introduces new forms of public recreation to the area. These new outdoor elements provide a level of versatility that cannot be attained by the current state of the Montgomery Mall Property. Design Guidelines Concentrate development intensity along Westlake Drive and Westlake Terrace and proximate to the Transit Center on the west side. To the extent possible, activate the frontage of Westlake Terrace. (p.22) Comment: The majority of the redevelopment is concentrated along Westlake Terrace and is proximate to the Transit Center. Westlake Terrace will be activated by the proposed hotel, upscale retail and dining, and a mixed-use residential building, all of which will be linked by the improved streetscape along this frontage of the Property. The proposed fitness center will be 12

13 adjacent to the Transit Center, making it highly accessible for residents, employees, and general visitors to the Property. Consider implementing shared streets or other innovative mobility alternatives when incorporating private streets into new development. (p.23) Comment: The woonerf is the quintessential version of a shared street that will be the signature feature of the Project. The woonerf will permit multiple forms of transportation whereby pedestrians, bicyclists, and vehicles can navigate the internal street safely and comfortably to access all areas of the redevelopment. The Applicant will have the ability to close the woonerf to host special events, such as farmers markets and art exhibits. Provide alternatives for recreation and leisure in mixed-use settings by creating places for community use that are framed an activated by surrounding development and uses, where the public feels welcome to gather and linger. Comment: The Winter Garden area, and Heritage Court and the woonerf will be accentuated by surrounding retail/service establishments, namely restaurants and retail, which will encourage the public to gather, linger, and interact. In addition to providing a gathering area for Mall patrons and residents, the Applicant envisions the Project becoming a focal point and gathering area for neighbors from the existing surrounding community. The Project provides for a variety of uses that will cultivate an interactive experience that is unmatched by traditional indoor shopping malls. Rock Spring West/Mixed-Use Marketplace Cluster Likewise, the Project complies with the following redevelopment guidelines specific to the Rock Spring West/Mixed-Use Marketplace cluster: Focus new development intensity along available areas on Westlake Terrace to prioritize its transition into a pedestrian-friendly environment. (p.35) Comment: The proposed Project is entirely consistent with this recommendation in that it focuses redevelopment along all available areas of Westlake Terrace. Moving from the most northern edge of the Property to the southeast, Westlake Terrace will be activated by a large retail establishment, a 261-room hotel and 108-unit residential building with ground-floor retail and a 240-unit residential building with ground floor retail, all of which will be linked together with streetscape. Access to the ground floor retail uses will be provided off of Westlake Terrace. All of these uses will activate Westlake Terrace and transform the Property into a pedestrianfriendly environment that is defined by the woonerf directly to the south/southwest. Consider visibility and transitions between the emerging environment along the central spine and retail operations to remain beyond potential new development sites. (p.36) Comment: The Project is designed to frame Westlake Terrace, as the central spine of the Sector Plan area. The completion of Phases III and IV will visibly block the existing Mall 13

14 structure. For this reason, the Applicant has paid special attention to both the vehicular and pedestrian access points that lead to the interior of the Project, to ensure that these points of entry are convenient, highly visible and easily accessible. Create interconnected open spaces for public use accessible to workers, residents, and neighboring communities. (p.36) Comment: The woonerf and the interconnected Heritage Court and Winter Garden provide open space for public use that will be accessible to employees, residents, hotel guests and retail and restaurant patrons. In addition, neighboring communities will benefit from this architectural element that aims to improve the pedestrian experience at a major shopping center. Enhance the existing intersections along Westlake Terrace and Westlake Drive to improve crossing conditions for pedestrians, improve access to Cabin John Regional Park, and improve connectivity between north and south areas of this cluster. (p.36) Comment: Westlake Drive will be widened to include a new bike path connecting Democracy Boulevard to North Westlake Drive towards Cabin John Park. VI. Zoning Ordinance Conformance The Project complies with the standards and requirements of both the General Retail ("GR") zone and the Regional Shopping Center ("RSC") Overlay zone, as set forth in the Zoning Ordinance. The Project will provide a more contemporary retail/service establishment use that will include shared office space and residential uses that collectively will create a pedestrianoriented, sociable environment. A. Intent and Purpose Section B of the Zoning Ordnance provides that the GR Zone is "intended for commercial areas of a general nature, including regional shopping centers and clusters of commercial development. The GR Zone provides development opportunities adjacent to the County's most auto-dominated corridors and those areas with few alternative mobility options." The GR Zone is also intended to allow "flexibility in building, circulation, and parking lot layout." Importantly, recognizing the benefits of mixed use retail and residential areas, the GR Zone allows up to 30 percent of the total density to be devoted to residential uses. At the same time, the purpose of the RSC Overlay zone is to: (1) provide flexibility of development standards to facilitate certain uses compatible with a regional shopping center and 2) provide parking design standards and requirements compatible with the function and circulation needs of regional shopping centers. The Project is designed to comply with and take full advantage of these purposes. B. Development Standards 14

15 Sections C and C of the Zoning Ordinance set forth the following development standards for projects in the GR zone subject to the RSC Overlay zone. Building Height REQUIRED/ PERMITTED 90 for building that includes theater 150 apartment or multi-use building with residential use 150 hotel PROPOSED (UP TO) 90' for building that includes theater 150' apartment or multi-use building with residential use 150' hotel Density 1.5 FAR (3,921,570 square feet GFA) 1.10 FAR (2,880,731 square feet GFA) Amenity Open Space 10% (258,968 square feet) 17.7% (458,900 square feet) VII. Findings Required for Preliminary Plan Approval The Preliminary Plan satisfies the applicable provisions of the Subdivision Regulations set forth in Section 4.2.D of the Montgomery County Code, as discussed below. A. Subdivision Regulation Compliance The Preliminary Plan indicates that the site, width, shape and orientation of the proposed lot will be appropriate for the location of the proposed subdivision and standards of the GR zone and the Regional Shopping Center (RSC) Overlay zone. B. Relation to Sector Plan The Project's conformance with the 2017 Rock Spring Sector Plan is addressed above in Section V. C. Adequate Public Facilities 1. Water and Sewer The Property is already served by existing water and sewer. The Property is located within water and sewer categories W-1 and S-1. Water and sewer needs are expected to be met by the Washing Suburban Sanitary Commission ( WSSC ) through connections to the existing water and sewer lines. 2. Schools 15

16 Based on the Montgomery County student generation rates for the southwest region, the Project will generate 40 elementary school students; 16 middle school students; and 22 high school students. The Property is located within the Walter Johnson High School cluster and as of July 1, 2018, the Property is subject to a development moratorium as a result of insufficient capacity at Ashburton Elementary school. More specifically, in 2034, Ashburton is anticipated to have a utilization rate of percent. The projected 2023 utilization rate at North Bethesda Middle School is more than adequate at 96.7 percent and the 2023 capacity at Walter Johnson High School has a 2023 projected utilization rate of 133.8% but is opened conditionally due to the future reassignment of students to the old Woodward High School that is to reopen. It is acknowledged that while the subject Preliminary Plan and Site Plan applications may be filed and accepted and reviewed by MNCPPC Staff, the Planning Board may not consider the applications until the moratorium has been lifted. 3. Traffic As previously noted, the Property is subject to Preliminary Plan approval for a total of 1,767,177 square feet of net leasable area ("NLA") of retail development (retail traffic is evaluated based on NLA), which results in 5,831 evening peak hour trips. The proposed change in the development program, which involves 209,435 square feet (NLA) less retail space than currently approved, 26,260 square feet of shared office space, a 261-room hotel (included in prior Preliminary Plan) and 717 dwelling units, results in 5,829 evening peak hour trips. Accordingly, there is adequate transportation capacity to accommodate the Project. D. Forest Conservation The site is subject to the requirements of Chapter 22A of the Montgomery County Code (the "Forest Conservation Law"). A final Forest Conservation Plan was approved and implemented in conjunction with the previously approved preliminary plan A, with 7.20 acres of off-site afforestation and 1.80 acres of on-site landscape tree canopy planting. A revised Forest Conservation Plan is submitted with this plan along with a Tree Variance request for disturbance to the critical root zone of two specimen trees. The Property contains no floodplain, protected soils, endangered species, or other natural features that would impact development. The site is not located within a Special Protection Area. E. Sediment Control/Stormwater Management The site is subject to and will comply with the requirements of Chapter 19 of the Montgomery County Code (the "Erosion, Sediment Control and Stormwater Management Law"). As such, the Applicant will submit a final Stormwater Management and Sediment Control Plan to the Montgomery County Department of Permitting Services (DPS) for their approval prior to commencement of construction. The Property is not within a Special Protection Area, so no separate water quality monitoring plan is required. VIII. Findings Required for Site Plan Approval 16

17 The Site Plan satisfies the applicable provisions of Zoning Ordinance Section E, as follows: a. [The proposed development] satisfies any previous approval that applies to the site; Comment: The Project satisfies all of the previous approvals that apply to the site, which are discussed in Section II.A and Section II.B. b. [The proposed development] satisfies under Section B.5 the binding elements of any development plan or schematic development plan in effect on October 29, 2014; Comment: Not applicable. c. [The proposed development] satisfies under Section B.5 any green area requirement in effect on October 29, 2014 for a property where the zoning classification on October 29, 2014 was the result of a Local Map Amendment; Comment: Not applicable. d. [The proposed development] satisfies applicable use standards, development standards, and general requirements under this Chapter; Comment: As discussed in Section VI.B, the Project satisfies the applicable use standards of Article 59-3 and development standards of both the GR Zone and the Regional Shopping Center Overlay Zone. As discussed in Section IX below, the Applicant seeks a waiver from the recreational guidelines on with respect to the recreational facilities required for the tot classification. e. [The proposed development] satisfies the applicable requirements of: i. Chapter 19, Erosion, Sediment Control, and Stormwater Management; and ii. Chapter 22A, Forest Conservation Comment: As discussed in Section VII.D and VII.E, the Project satisfies the applicable requirements of Chapter 19 and Chapter 22A of the Montgomery County Code. f. [The proposed development] provides safe, well-integrated parking, circulation patterns, building massing and, where required, open spaces and site amenities; Comment: The Project provides safe parking that is well integrated, primarily via an underground parking garage that is conveniently located at the intersection of Westlake Terrace and Auto Park Avenue below the vast majority of all of the new development. The circulation patterns are intended to promote efficient vehicular movement throughout the Property and to facilitate a pedestrian-friendly environment along Westlake Terrace; into the Project via two north-south pedestrian paths located near the hotel; and perhaps most importantly, along the 17

18 woonerf. As recommended by the Sector Plan, the development concentrates a significant amount of the new development along Westlake Terrace, to frame the street. The height and massing of the Project is appropriate given the existing development on the Property and the surrounding development. The Project satisfies the 10 percent open space requirement, and provides meaningful open space amenity areas for the enjoyment of employees, residents and visitors to the Project with public space amenities such as the Winter Garden area and the Heritage Court. g. [The proposed development] substantially conforms with the recommendations of the applicable master plan and any guidelines approved by the Planning Board that implement the applicable plan; Comment: As discussed in Section V, the Project substantially conforms with the recommendations of the Sector Plan. h. [The proposed development]will be served by adequate public services and facilities including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public facilities; Comment: As discussed in Section VII.C, the Project will be served by adequate public services and facilities i. [The proposed development] on a property in a Rural Residential or Residential zone, is compatible with the character of the residential neighborhood; and Comment: Not applicable. j. [The proposed development] is compatible with the existing and approved or pending adjacent development. Comment: The Project is entirely compatible with the surrounding landing uses that are described in Section III.D, particularly with the proposed development for the former Ourisman Ford car dealership site that confronts the Property to the north across Westlake Terrace. IX. Requested Exemption From Recreational Guidelines Pursuant to Section 7.3 of the Montgomery County Planning Board's Recreation Guidelines (the "Recreation Guidelines"), the Applicant requests that the Planning Board approve an age-group category exemption ("Exemption") from having to satisfy the total demand points for the tots demographic (age 0-4, hereinafter "Tots"). Overall, the Project will provide a significant number of recreation facilities and amenities, including an urban plaza, four indoor fitness rooms, and three outdoor swimming pools. However, the Recreation Guidelines Tool indicates that the Project fails to provide the requisite supply for Tots. For this reason, and because the anticipated demographic will comprise a "mature" market, the Applicant seeks an Exemption. 18