

Overview
Case: Parking Waiver WAV2025-00013
Location: 1251 West Montgomery Avenue
Staff: Christopher Davis
Community Planning and Development Services
240.314.8201
cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>
Applicant: Rockville Motel Associates, LLC c/o Jeff Wilder
Filing Date: December 16, 2024

Background
On May 11, 1968, the Board of Appeals granted a Special Exception (S-129-68) to construct and operate a motel and restaurant on the subject property. Subsequently, On September 25, 1968, the Planning Commission conditionally approved Use Permit U-398-68 for a seven-story motel and restaurant to implement the approved special exception. At the time, the hotel was required to provide 339 parking spaces to meet the requirements of the Zoning Ordinance. In 2017, the Planning Commission approved Level 2 Site Plan Application STP2017-00300 which approved construction of a self-storage warehouse to occupy a portion of the rear of the subject site. During the application review, it was expressed that the restaurant use had been removed. With the addition of the self-storage warehouse, parking for the hotel was reviewed and found to be compliant with the Zoning Ordinance, as the parking requirement for a hotel had decreased since the time of the original approval and the restaurant use had been removed.
On December 11, 2019, the Planning Commission approved a waiver (WAV2020-00017) for the reduction in required parking to allow for the reuse of the existing 4,779 square feet within the hotel as an accessory restaurant used by patrons of the hotel. The reestablishment of the restaurant use would have required a total number of 222 parking spaces for the hotel. The Commission, having found that the request met the required criteria, approved a 29-space parking waiver for the hotel and reestablished restaurant use. The approved waiver application was accompanied by approval of minor site plan amendment application STP2020-00404 on March 5, 2020, which allowed for the redesign of the interior of the existing hotel to accommodate the 4,779 square foot accessory restaurant associated with the parking waiver.

Project Description
title
1251 W. Montgomery Avenue

The applicant proposes a change of use on the subject site to replace an existing accessory restaurant with a proposed 5,500 square foot full-service restaurant on the ground floor within the Best Western Hotel on the subject property. The changes from an accessory restaurant to a full-service restaurant will mostly focus on interior fit-out modifications including an increase of square footage from 4,779 square feet to 5,500 square feet along with other minor modifications such as the relocation of an exterior along the southwest façade to a more central exterior access point for the restaurant. No further exterior modifications are proposed to complete the change of use. As detailed below, the change in use from an accessory restaurant to a full-service restaurant initiates an increased parking requirement for the site.
The applicant seeks to accommodate parking for both the hotel and the proposed full-service restaurant with the existing 194 parking spaces currently provided on the site, below the required 266 parking spaces. As a result, the applicant is seeking a reduction from the required number of parking spaces pursuant to Section 25.16.03.h.1 of the Zoning Ordinance. This section allows for the Planning Commission to consider a reduction in the number of required parking spaces for projects within the MXTD, MXCD, MXE, MXNC and PD Zones, subject to specific criteria. The subject property is located within the MXE (Mixed Use Employment) Zone.
The requested waiver seeks a further reduction of 44 spaces in order to operate the proposed full-service restaurant on the site. Taking into account the previously approved 29 space parking waiver, approval of the subject 44 space parking waiver would allow the proposed site and uses to operate with the provided 194 parking spaces on the site currently.

Previous Related Actions
title
• S-129-68, approved on May 11, 1968, allowed for the construction and operation of a motel and restaurant on the subject property.
• U-398-68, approved on September 25, 1968, allowed for the construction of a seven-story motel and restaurant to implement the previously approved special exception.
• USA68-398A, approved on March 20, 1995, allowed for conversion of 30 hotel sleeping rooms into 30 office suites on the third floor of the Clarion Hotel & Suites located on the subject property. This approval specified 132 hotel guest rooms and a 9,200 square foot accessory restaurant on the site.
• USA1968-0398B, approved on December 16, 1999, allowed construction of Sprint PCS telecommunication equipment cabinets and associate improvement to the rear of the subject property.
• USA1968-0398C, approved on March 30, 2000, allowed for construction of cellular antennas with an accompanying equipment shed on the roof of the building on the subject property.
• USA1968-0398D, approved on June 13, 2002, allowed for addition of a 40,829 square foot adjoining parcel to the property covered with the original use permit. This amendment did not approve any site changes or additional development.
• STP2017-00300, approved on April 26, 2017, allowed for the development of a 122,854 square foot self-storage facility to the rear of the subject property. The Planning Commission also approved a deferral in bicycle parking spaces and a waiver for the location of electrical transformer equipment above ground.
• WAV2020-00017, approved on December 11, 2019, to allow a parking waiver of 29 spaces associated with the reestablishment of a 4,779 square foot accessory restaurant within the existing hotel on the subject property.
• STP2020-00404, approved on March 5, 2020, allowed for the redesign of the interior of the existing hotel to accommodate a 4,779 square foot accessory restaurant.
end

Discussion/ Analysis
The applicant is proposing to convert the existing 4,779 square foot accessory restaurant into a 5,500 square foot full-service restaurant within the on-site Best Western hotel. As a result, an additional 44 spaces are required for the site. Given the observed and anticipated utilization of parking for the proposed uses, the applicant indicates that parking need at the site can be adequately addressed with the current 194 parking spaces provided on the site. The current required parking tabulation for the existing hotel use is as follows:
1251 West Montgomery Best Western Hotel Use As it Currently Operates
Use |
Rooms/Sq. Feet |
Employees |
Required Parking |
Hotel |
164 Rooms |
34 |
164 |
Assembly Space |
4,800 square feet |
|
12 |
Accessory Restaurant |
4,779 square feet |
|
29* |
Employees |
|
34 |
17 |
|
Parking Required (*Includes Approved Parking Waiver WAV2020-00017 to reduce the required number of spaces by 29 spaces) |
193 |
Parking Provided |
194 |
With the proposed interior conversion of the accessory restaurant into a full-service restaurant space, the revised calculation results in the following parking requirement:
As Proposed (with Interior Conversion to Full-Service Restaurant)
Use |
Rooms/Sq. Feet |
Employees |
Required Parking |
Hotel |
164 Rooms |
34 |
164 |
Assembly Space |
4,800 square feet |
|
12 |
Employees |
|
34 |
17 |
Full-Service Restaurant |
|
5,500 square feet |
73 |
|
Parking Required (*Includes Approved Parking Waiver WAV2020-00017 to reduce the required number of spaces by 29 spaces) |
238 |
Parking Provided |
194 |
Waiver Required |
44 Spaces |
As part of this application, the applicant conducted a month-long parking assessment in August of 2024. This analysis found that at different times during the day there was not one instance in which 90 or more spaces were occupied at any one time. The applicant’s analysis additionally showed that at any given time, more than 64% or approximately 124 parking spaces on the site are empty. The applicant indicates that part of the parking space vacancy can be explained by trends in decreasing hotel occupancy experienced since the COVID-19 Pandemic. The applicant also observed in their analysis that the parking demand generated by the existing assembly space (i.e., hotel banquet rooms) was negligible (See Attachment 4 - Parking Waiver Statement of Justification).

Findings
Section 25.16.03.h.1
This section of the Zoning Ordinance gives the Planning Commission the authority to reduce the required number of parking spaces provided that a site meets one or more of the criteria identified below. The applicant has provided their justification for the request (See Attachment A: Parking Waiver Statement of Justification). Staff’s analysis of the request and recommendation are provided below.
(a) A major point of pedestrian access to such building or buildings is within seven-tenths of a mile (3,696 feet) walking distance of a transit station entrance shown on the Washington Metropolitan Area Transit Authority Adopted Regional Rail Transit System;
Staff Response: The site does not meet this criterion, as the site is located well beyond this walking distance from a Metro station.
(b) There are three (3) or more bus routes in the immediate vicinity of the building or building; or
Staff’s Response: This criterion is met. There are approximately three (3) Ride-On bus routes with multiple stops within approximately ¼ of a mile or less from the subject site. The following stops are along West Montgomery Avenue, Hurley Avenue and Research Boulevard: Ride-On routes 45, 54 and 63.
(c) There is a major public parking facility available to the public within one thousand (1,000) feet of a building entrance; or
Staff’s Response: The site does not meet this criterion. There are no major public parking facilities within 1,000 feet of the building entrance.
(d) Where the size of the lot is so small that meeting the parking requirement would prevent redevelopment; or
Staff’s Response: The site does not meet this criterion. Provision (d) above provides for waiver consideration when the lot is so small that compliance with parking requirements would prevent redevelopment of the site. The size of the subject lot is 3.9 acres, so it is not restricted by its size.
(e) Where there is a bikeway in close proximity to the site and the applicant demonstrates that the uses in the proposed development are conducive to bicycle use; or
Staff’s Response: The site does not meet this criterion. There are existing bicycle facilities in the area of the site that include a shared use path along either side of West Montgomery Avenue to the north of the site. However, the applicant has not demonstrated that the uses in the proposed development are conducive to bicycle use.
(f) For any other good cause shown.
Staff’s Response: The applicant has provided a justification in their submittal to support the request based on “other good cause shown.” The applicant has indicated a history of operating both a hotel and restaurant use on the site without any deficiencies of parking with either use. Furthermore, the site was previously granted approval of a parking waiver for a similar mixture of uses and staff is not aware of any adverse impacts to available parking on the site since such waiver was approved.
The analysis provided by the applicant for the month-long parking use analysis indicates that a substantial number of spaces are available at any given time. This, in combination with the application explanation and observation of a decreased occupancy in hospitality and hotel uses with little expectation of increase in the future, leads staff to accept the applicant’s argument that there will be a minimal increase in parking demand on the site as a result of the proposed full-service restaurant.

Community Outreach
No public notification is required for Parking Waiver requests.

Conditions
There are no conditions associated with the staff recommendation.

Conclusion and Recommendation
As stated above, parking waivers are a discretionary action by the Planning Commission and reviewed on a case-by-case basis as authorized under Sec. 25.16.03.h.1. Each request is evaluated based on a number of factors, including compliance with aforementioned findings for approval of a waiver, the proposed use of the site, and the extent of the proposed waiver. The subject request is for an existing building located within a mixed-use district, with access to several bus options to service the subject site. Analysis of the longstanding uses on the site indicate that there is availability on the site to service the proposed uses at approximately any time of day, and such uses are a similar mix to what has historically been on the site for several years. Furthermore, the applicant’s analysis of trends in the proposed uses does not suggest a significant increase in parking demand in the future. The parking reduction request is supported by the above-referenced findings, two of which have been met, and staff recommends approval of the parking waiver request.