STATEMENT OF JUSTIFICATION

MONTROSE CROSSING

LIMITED SITE PLAN AMENDMENT NO. 81995036H

FR Montrose Crossing, LLC (the "Applicant"), an affiliate of Federal Realty Investment

Trust, is the owner of the Montrose Crossing Shopping Center located in the southeast quadrant
of the intersection of Rockville Pike and Bou Avenue (the "Property" or "Shopping Center").
The Applicant is submitting this application for a Limited Amendment (the "Amendment") to the
previously approved Site Plan for the Property ("Site Plan No. 81995036G", or the "Site Plan")
to facilitate the replacement of an existing freestanding restaurant with a more contemporary
multi-tenant retail/restaurant structure and related site improvements (the "Project").
Because the current Adequate Public Facilities Ordinance ("APFO") determination for
the Shopping Center has expired, the Applicant is also requesting a new determination of
Adequate Public Facilities ("APF") in connection with this Amendment, as described in Section
V below.

I.

BACKGROUND

A. Site Location, Characteristics and Existing Conditions

Montrose Crossing is prominently located on the east side of Rockville Pike/MD 355 to
the north of a grade separated interchange with Montrose Parkway. The Property is bounded by
Bou Avenue to the north, Nebel Street to the east, a Maryland State Highway Administration
("SHA") right-of-way for the grade-separated interchange to the south, and Rockville Pike to the
west.
The portion of the Shopping Center that is subject to the approved Site Plan is comprised
of approximately 33.38 acres of land that is part of a larger parcel known as Parcel F,
"Washington-Rockville Industrial Park" (which contains, among other things, a Target retail
store that is subject to an independent site plan).1 Although the Parcel F property is depicted on
the record plat recorded in the Land Records of Montgomery County as Plat No. 24509, the

The Target retail store on the remainder of Parcel F is subject to Site Plan No. 82001002A.

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overall development is structured as a land condominium and, therefore, is also subject to

Condominium Plat No. 11159.
The Property is currently approved for mixed-use development including commercial
uses, residential dwelling units, and associated off-street parking. In total, the existing
development on the portion of the Shopping Center that is subject to the Site Plan contains
approximately 384,624 square feet of commercial building floor area. The Property is located
within walking distance (approximately 3,000 feet) of the Twinbrook Metro station and is
currently subject to the 1992 Approved and Adopted North Bethesda Garrett Park Master Plan

(the "Master Plan").

B. Zoning and Permitted Uses

The current Shopping Center was approved and constructed in accordance with the
previously applicable Residential-Mixed Use Development, Regional Center, Commercial Base
Zone ("RMX-3C"), but was recently rezoned to the Commercial Residential ("CR") Zone, CR2.0, C-0.5, R-1.5, H-220T, in connection with District Map Amendment G-956 (adopted July 15,
2014 and effective October 30, 2014). Pursuant to Section 7.7.1.B.3 of the current Montgomery
County Zoning Ordinance (the "Zoning Ordinance"), the Applicant is submitting this
Amendment for review under the version of the Montgomery County Zoning Ordinance in effect
for the RMX-3C Zone prior to October 30, 2014 (the "2004 Zoning Ordinance"), with the
exception of parking as discussed in Sections II and III below. Accordingly, Section 59-C-10.3.2
of the 2004 Zoning Ordinance permits various retail sales and service uses and eating and
drinking establishments in the RMX-3C Zone, as are being proposed by this Amendment.
C. Surrounding Zoning and Land Uses

The Property is entirely surrounded by CR and CRT zoned land. More specifically, the
surrounding zoning and land uses include the following:

North: Immediately to the north of the Property across Bou Avenue is the Pike
Center, a commercial shopping center zoned CR-1.5, C-1.0, R-1.0, H-75.
Additional commercial development located within the municipal
boundaries of the City of Rockville including a Flagship Carwash and a
commercial building leased to Guitar Center is located across Bou
Avenue to the northeast.
East: Directly adjacent to the Property on the remaining portion of Parcel F is
the Target retail store with its attached parking garage. These
improvements, located outside of the boundaries of the Site Plan, are also

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zoned CR-2.0, C-0.5, R-1.5, H-220T. Further east, across Nebel Street, is
the CSX right-of-way.

South: To the south of the Property is vacant land owned by the State Highway
Administration ("SHA") and the Montrose School, zoned CRT-2.25, C1.5, R-0.75, H-45.
West: The Property is bounded on the west by the Rockville Pike right-of-way.
On the opposite side of Rockville Pike, across the approximately 160-foot
wide divided right-of-way and the grade-separated interchange
improvements, are several commercial and residential developments
zoned CRT-0.75, C-0.75, R-0.25, H-45 and CRT 2.25, C-1.5, R-0.75, H75. These properties have been developed with strip commercial
buildings and high-rise multi-family and garden-style residential
apartments.
D. Prior Approvals

The Property has been subject to a series of regulatory entitlements that have allowed the
Shopping Center to evolve in place over time and which establish certain parameters on the
overall development. Most relevant are the following:

a. Project Plan

On February 15, 1995, the Montgomery County Planning Board (the "Planning Board")
approved Project Plan No. 919940030 for the renovation of, and addition to, an existing
shopping center in the RMX-3C Zone under the Optional Method of Development. Subsequent
amendments to the Project Plan were granted in 2001, 2003, 2004 and 2011 (collectively, as
amended, the "Project Plan"). As amended, the Project Plan allows for a potential total
maximum density of 462,599 square feet of commercial uses and up to 230 dwelling units on the
Property.

b. Site Plan

By opinion dated April 11, 1995, the Planning Board approved Site Plan No. 819950180
for the Property. The Planning Board approved various subsequent amendments in 2001, 2003,
2004, 2006, 2010, 2011, and 2014 including the most recent applicable Site Plan (e.g., Site Plan
No. 81995036G). In total, including the subsequent amendments, the Site Plan has approved up

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to 384,624 square feet of commercial development on the Property and up to 230 residential
dwelling units.2

c. Preliminary Plan/APF Determination

The Property has also been subject to various subdivision approvals, including a
Preliminary Plan Amendment in 2004 to incorporate residential uses into the Shopping Center
("Preliminary Plan No. 11960252A"). As stated in the Planning Board Resolution mailed on
February 25, 2004, the APF Determination made for the Property at the time of this 2004
Amendment was to have remained valid for sixty-one (61) months from the date of mailing, or
until March 25, 2009. Given that the APF Determination for the Property is no longer valid, the
Applicant is requesting a new APF Determination for the Shopping Center in connection with
this Amendment application, as discussed in Section V below.

II.

PROPOSED DEVELOPMENT

In order to attract and retain a more diversified tenant mix in the Shopping Center as well
as to create a more vibrant experience for employees and visitors, the Applicant proposes to
replace an existing freestanding restaurant along Rockville Pike currently, Timpano with a
more contemporary multi-tenant retail/restaurant structure containing up to 19,000 square feet of
commercial floor area. The new multi-tenant retail/restaurant building is intended to include
several fast-casual restaurants with outdoor seating areas that will help activate the immediately
proximate portion of Property's frontage. The proposed building will be similar in nature to
recent improvements at the Applicants Pike & Rose development to the southeast on MD 355,
which has successfully transformed a former pad site development into a more active use that
improves the development's presence on the street and complements the surrounding mixed-use
development.
The proposed Amendment is limited in scope, and the remainder of Montrose Crossing
outside of the immediate area of the Project will remain largely unchanged. In total, after
completion of the proposed Project, the amount of commercial floor area on the Property will be
approximately 392,923 square feet, well within the overall approved limits of the Project Plan
(i.e. 462,599 square feet) and an increase of less than 5 percent of the existing approved floor
area.

The residential dwelling units on the Property are currently provided within a multifamily residential building
located to the southeast of the Bou Avenue/Chapman Avenue intersection that is governed by an independent series
of approved Site Plans: Site Plan Nos. 820040130, 82004013A, and 82004013B.

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A. Project Description

The current Timpano restaurant is located along Rockville Pike, just south of the
Shopping Centers main vehicular entrance. The building was constructed in approximately
1998 and contains approximately 10,701 square feet of gross floor area. The existing restaurant
is a typical commercial pad development: it is surrounded by parking on all four sides and is not
designed to encourage direct pedestrian access from the street frontage.
The Applicant is proposing to replace this existing single-use building with a more
contemporary multi-tenant development that, given its prominent location at the Rockville Pike
entrance to the Shopping Center, will serve as a gateway to the larger development. The
building will be oriented toward Rockville Pike and will be placed much closer to the driveway
entrance, while still maintaining the required 12.5' setback from the street. Additionally, the
existing vehicular access point off of the driveway entrance will be eliminated to improve
pedestrian access and minimize potential pedestrian vehicular conflicts. The elimination of this
access point will facilitate the creation of a continuous pedestrian lead walk into the site, parallel
to the Shopping Center driveway entrance. To ensure pedestrian safety, the existing sidewalk
and tree panel improvements which serve as a physical buffer between the pedestrians and
vehicular traffic will be extended to provide a continuous connection towards MD 355,
establishing a more complete separation between the Project and the Shopping Center's
driveway. A crosswalk will be established in the northwest corner of the pad site to provide
direct pedestrian access to the retail/restaurant building from Rockville Pike.
Caf seating will be provided along the building's western faade. The caf seating will
be visible from Rockville Pike and will help to activate the frontage. Vehicular access to the pad
site area will also be more controlled, with new separation provided between the pad site area
and the Shopping Centers interior parking lot drive aisles.
B. Parking and Loading

As discussed in Section III-C below, the Applicant proposes to provide on-site parking
spaces in accordance with applicable requirements for Commercial/Residential properties in a
Reduced Parking Area. Section 6.2.3.B of the Zoning Ordinance requires a minimum of 1,352

parking spaces and a maximum of 2,354 parking spaces for the overall development. In total,
after completion of the Project, the Property will provide a total of 1,917 parking spaces on-site,
which exceeds minimum parking requirements but remains within the maximum amount
permitted. The parking is sufficient to accommodate the existing and proposed users of the site,
given the Property's close proximity to transit and the Applicants practical experience over
many years of operating the Shopping Center.

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Additionally, other improvements are proposed for the Property (including the broader
Shopping Center) to address the parking requirements of the current Zoning Ordinance.
Notably, to accommodate non-automobile users of the site (i.e. employees and visitors), both
short term and long term bicycle spaces will be provided. In accordance with Section 6.2.4.C of
the Zoning Ordinance, a total of 41 bicycle parking spaces will be provided on the Property, of
which 8 will be available for long term use. Other proposed changes will accommodate
handicapped parking, potential car sharing spaces, and motorcycle parking for the Shopping
Center, as the Zoning Ordinance requires.
Loading will be accommodated on-site, adjacent to the proposed retail/restaurant building
via a dedicated access area. One loading space will be provided, with dimensions of
approximately 10 feet by 30 feet. Deliveries will be scheduled to occur during off-peak hours to
avoid any interference with vehicular circulation.

C. Public Use and Amenities

The Property was developed under the Optional Method of Development for the RMX3C Zone. Accordingly, a minimum of 10 percent of the commercial portion of the Property (or
133,917 square feet) and 20 percent of the residential portion of the Property (or 6,780 square
feet) is required to be provided as on-site green area or outside amenity area. Importantly, the
proposed Amendment will increase the public use space on-site. The Project will exceed
applicable requirements by providing approximately 15.9 percent (or 213,456 square feet) within
the commercial portion of the site and approximately 23 percent (or 8,061 square feet) within the
residential portion of the site as green area and outside amenity area.

III.

ZONING ORDINANCE CONFORMANCE

A. Amendments to Applications Approved before October 30, 2014

Pursuant to Section 7.7.1.B.3 of the Zoning Ordinance, until October 30, 2039, an
applicant may apply to amend any previously approved application under the development
standards and procedures of the property's zoning on October 29, 2014. Furthermore, Section
7.7.1.C allows properties in the CR Zones to increase floor area on the site by up to 10 percent of
the amount of gross floor area approved for the site on October 30, 2014, or 30,000 square feet
(whichever is less), following the procedures and standards of the property's zoning on October
29, 2014, if:

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(1) If the building does not exceed the height limits and density of the property's zoning
in effect on October 29, 2014;

(2) Ifany building on the site is no closer to property in a Residential Detached zone that
is vacant or improved with a Single-Unit Living use than any existing structure on the
site on October 30, 2014, or satisfies the setbacks ofthe current zoning; and

(3) When a site plan or site plan amendment is required by the property's zoning on
October 29, 2014, a site plan or site plan amendment is approved under the
standards ofsite plan approval on October 29, 2014.

The proposed Amendment will result in a net increase of 8,299 square feet on-site (or 2
percent), for a total overall development of 392,923 square feet well within the Project Plans
overall approved density of 462,599 square feet and the density permitted for the former RMX3C Zone. Furthermore, the Property does not abut or confront any property in a Residential
Detached zone. Accordingly, with the exception of parking (which will be updated in
conformance with current Zoning Ordinance requirements for the CR Zone), this Site Plan
Amendment is being submitted under the standards and procedures of the Property's zoning in
effect on October 29, 2014.
B. Development Standards

Section 59-C-10.3 of the Zoning Ordinance sets forth various development standards for
Optional Method of Development projects in the RMX-3C Zone. The following chart compares
these development standards with the Project:

REQUIRED/
PERMITTED
1,300,000 s.f.

Maximum Gross Non-residential

Leasable Floor Area (square feet)

Maximum Commercial FAR

0.5
Minimum Number of Dwelling
150 dwelling units
Units (sites over 30 acres)

Setbacks (minimum
requirements)

PREVIOUSLY
APPROVED

384,624 s.f.
0.35
230 dwelling units

PROVIDED

392,923 s.f.

0.29

230 dwelling
units

Residential Building

30' (15' with

waiver)

15'

15'

Commercial Building from

25' (12.5' with

12.5'

12.5'

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any Street

waiver)

Parking from any Street

10'
Minimum Green Area or Outside
Amenity Area (% or net lot area)

10'

10'

15.2%
(203,203s.f.)

15.9%
(213,456 s.f.)

Within Commercial Portion

10% (133,917
s.f.)

Within Residential Portion

20% (6,780 s.f.)

23% (8,061 s.f.)
23% (8,061
s.f.)

C. Parking

Section 7.7.1.B.3.b provides the ability to amend the parking requirements of a

previously approved application in accordance with the parking requirements of Sections 6.2.3
and 6.2.4 of the Zoning Ordinance. As described in Section II-C of this Statement, the proposed
Amendment will provide on-site vehicle and bicycle parking spaces in accordance with
applicable requirements for Commercial/Residential properties in a Reduced Parking Area. The
Amendment also proposes other changes to accommodate the handicapped parking, car sharing,
and motorcycle parking requirements of Section 6.2.3 that are shown on the Site Plan drawing
submitted with this application. In this way, the Project will allow parking for the Shopping
Center to be updated to better conform with modern County parking objectives.

IV.

FINDINGS REQUIRED FOR SITE PLAN APPROVAL

Section 59-D-3.4 establishes the findings required for approval of a site plan application
under the 2004 Zoning Ordinance. As set forth below, the Amendment satisfies each of these
requirements:

1. The site plan conforms to all non-illustrative elements of a development plan or

diagrammatic plan, and all binding elements of a schematic development plan, certified
by the Hearing Examiner under Section 59-D-1.64, or is consistent with an approved
project plan for the optional method of development, if required, unless the Planning
Board expressly modifies any element ofthe project plan.

The Amendment is consistent with the approved Project Plan, as amended. The Project
Plan provides for a total maximum commercial density of 462,599 square feet and up to 230
residential dwelling units on the Property. After completion of the proposed modifications, the
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Property will contain approximately 392,923 square feet of commercial use and up to 230
residential dwelling units, well within the total maximum density approved by the Project Plan.
As illustrated above, the green area and amenity area will be slightly increased as a result of this
Amendment, exceeding the amount that the Planning Board required with the Project Plan.
Additionally, the Amendment does not propose any new types of land uses on-site. Rather, the
Amendment merely seeks to enhance the vibrancy of the overall Shopping Center by replacing
an existing single-tenant restaurant with a new multi-tenant commercial building.
2. The site plan meets all of the requirements of the zone in which it is located, and where
applicable conforms to an urban renewal plan approved under Chapter 56.

As described in Section III, the Project complies with the requirements of the 2004
Zoning Ordinance, including the development standards of the RMX-3C Zone. However,
parking for the Project and for the broader Shopping Center will comply with the requirements
of the current Zoning Ordinance for the CR Zone. The Property is not subject to an urban
renewal plan.
3. The locations ofbuildings and structures, open spaces, landscaping, recreation facilities,
and pedestrian and vehicular circulation systems are adequate, safe, and efficient.

The Amendment is designed to ensure the adequacy, safety and efficiency of the overall
development and will enhance pedestrian connectivity on-site. As discussed in Section II above,
the Project will provide for more controlled vehicular circulation by consolidating internal
vehicular access points. The multi-tenant retail/restaurant building and outdoor seating areas
will help to define the street edge and encourage pedestrian activity. As discussed above, the
Project will provide direct pedestrian access to the building from Rockville Pike.

4. Each structure and use is compatible with other uses and other site plans, and with
existing and proposed adjacent development.

This Amendment does not introduce any new use types to the Shopping Center, but
rather provides space for additional commercial uses within the Property. The proposed Project
has been designed to ensure that it is physically compatible with, and not detrimental to, existing
and future development in the Shopping Center and on the surrounding properties. The Project
has been designed to maintain internal compatibility and will result in changes that will
modernize certain aspects of the parking that is currently provided on-site (e.g., car sharing).
The proposed Amendment will also improve the Shopping Center's presence along Rockville
Pike and enhance connections to the pedestrian improvements along the Propertys frontage.
These improvements will also allow the Shopping Center to be more responsive to the

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surrounding context should the area begin to transform as a result of the pending White Flint II
Sector Plan or the implementation of the Countys Rapid Transit Vehicle system.
5. The site plan meets all applicable requirements of Chapter 22A regarding forest
conservation, Chapter 19 regarding water resource protection, and any other applicable
law.

Pursuant to Section 22A-5(t), the Property is exempt from the Forest Conservation
Ordinance.
A Forest Conservation Exemption ("Forest Conservation Exemption No.
42011023E") has been previously prepared for the Property and approved by M-NCPPC.

The Project will comply with the requirements of Chapter 19 of the Montgomery County
Code. Applicable requirements under Chapter 19 are addressed in a Concept Stormwater
Management Plan submitted to the Montgomery County Department of Permitting Services
("DPS") on April 13, 2016. This Property is not in a Special Protection Area, so no separate
water quality monitoring plan is required. A Sediment and Erosion Control Plan will be
submitted to DPS for their approval prior to commencement of construction.

V.

ADEQUATE PUBLIC FACILITIES

Given the expiration of the previously approved APF determination for the Shopping
Center in 2009, the Applicant is requesting a new APF determination in connection with this
Amendment. However, public facilities will be more than adequate to accommodate the
proposed development. The Applicant has considered the increase in retail and non-residential
development and is submitting a Traffic Report prepared by Wells and Associates, which
addresses the Project's projected traffic impacts. The Traffic Report shows that the proposed
Project will generate a net increase of 9 AM peak hour trips and 37 PM peak hour trips. The
study concludes that, upon completion of the Project, the four studied intersections will continue
to operate within the permitted congestion standard of 1,550 Critical Lane Volume for the North
Bethesda Policy Area during the weekday AM and PM peak hours. To satisfy applicable
Transportation Policy Area Review ("TPAR") requirements, a payment for transportation impact
tax equal to 25 percent of the development impact tax will be required under the 2012-2016
subdivision staging policy.

There is no change to the residential component of the Shopping Center with the
proposed Amendment. Therefore, schools will not be impacted by the Project.
The Amendment will be served by public water and sewer systems. Electric, gas and
telecommunications services will also be available. Other public facilities and services

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including police stations, firehouses, and health care facilities are currently operating in
accordance with the Annual Growth Policy and will continue to be sufficient following
construction.

VI.

CONCLUSION

The interim redevelopment proposed will result in the creation of a more contemporary
retail experience for all users of the site that will contribute to the future and continued success
of the Montrose Crossing Shopping Center. The proposed modifications will improve the
pedestrian environment and the shopping center's presence on the street, helping to transition the
Property towards the larger transformations that will likely occur along Rockville Pike under the
White Flint II Sector Plan. As described in this Statement of Justification, the Amendment
complies with all applicable requirements of the Zoning Ordinance that govern development
under the RMX-3C Zone. For all of the reasons discussed above, the Applicant respectfully
requests approval of this Amendment.

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