Legislation Details

File #: 24-1023   
Type: Action Item Status: Agenda Ready
File created: 2/7/2024 In control: Mayor and Council
On agenda: 5/20/2024 Final action:
Title: Adoption of a Resolution to Approve, with Conditions, Project Plan Application PJT2024-00017, Rockshire Village Center, a Request to Amend the Rockshire Planned Development to Permit Construction of 60 Residential Units, Up to 5,200 Square Feet of Commercial and Office Use, and a Neighborhood Park at 2401 Wootton Parkway in the PD-RS (Planned Development - Rockshire) Zone and several associated waivers, including a Road Code Waiver pursuant to Section 21-42 of the Rockville City Code; EYA Development, LLC., Applicant
Attachments: 1. Resolution, 2. Resolution Exhibits.pdf, 3. Aerial Map, 4. Land Use Map, 5. Zoning Map, 6. Project Plan Application, 7. Justification Statement, 8. Parking Waiver Request, 9. Development Standards Waiver, 10. Road Code Waiver Request, 11. Rockshire License Agreement, 12. Mayor and Council Briefing, 13. Landscape Plan, 14. Fee-in-Lieu Applicant Justification, 15. Public Testimony, 16. Mayor and Council Presentation
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Subject

title

Adoption of a Resolution to Approve, with Conditions, Project Plan Application PJT2024-00017, Rockshire Village Center, a Request to Amend the Rockshire Planned Development to Permit Construction of 60 Residential Units, Up to 5,200 Square Feet of Commercial and Office Use, and a Neighborhood Park at 2401 Wootton Parkway in the PD-RS (Planned Development - Rockshire) Zone and several associated waivers, including a Road Code Waiver pursuant to Section 21-42 of the Rockville City Code; EYA Development, LLC., Applicant

end

 

Department

CPDS - Development Review

Recommendation

Staff recommends adoption of the proposed Resolution, which constitutes approval of the Project Plan and associated waivers.

 

Discussion

 

Overview

Case:                                          Project Plan PJT2024-00017 - Rockshire Village Center

 

Location:                     2401 Wootton Parkway

 

Staff:                                          Nelson Ortiz, Principal Planner

Community Planning and Development Services

240.314.8227

nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>

 

Applicants:      EYA Development, LLC.

 

Filing Date:                     July 11, 2023

 

Meeting

Date:                                          May 20, 2024

 

Executive Summary

Update Based Upon Discussion and Instruction

At the April 29, 2024, meeting, the Mayor and Council directed staff to prepare a Resolution to approve Project Plan Application PJT2024-00017. The staff has drafted the attached Resolution and included the following condition for the Mayor and Council’s consideration to strengthen the staff’s ability to enforce the use of the designated Rockshire Association parking spaces.

 

The thirty (30) parking spaces designated as “Rockshire Association Parking/Visitor Parking” on the project plan site plan Parking Exhibit shall be used in accordance with the License Agreement recorded at Liber 4957, folio 697, as may be amended.

 

The following summary and sections were previously provided in the Public Hearing and Discussion and Instruction reports with additions related to the feedback from those meetings.

 

EYA Development, LLC. (the “Applicant”) has filed a Project Plan Amendment application to construct a total of 60 dwelling units, including 31 single-unit detached dwellings and 29 townhouses, up to 5,200 square feet of commercial and office use, and a neighborhood park at 2401 Wootton Parkway. In connection with this Project Plan application, the Applicant is seeking the following waivers:

 

1.                     A parking reduction should the proposed commercial/office building be fully utilized for the full-service restaurant;

2.                     A waiver for one or more development standards of the designated MXNC equivalent zone; and,

3.                     A road code waiver to permit the construction of a dead-end alley.

 

The Rockshire Planned Development (“PD”) was initially approved by the Mayor and Council by Resolution No. 21-66 on March 7, 1966. Currently, the property is approved as a shopping center. An amendment to the PD is required pursuant to Section 25.14.07 of the Zoning Ordinance. PD amendments require the filing of a Project Plan application, and per Section 25.07.01.B.2, the application may be approved only if the Mayor and Council find that approval of the application will not:

 

a.                     Adversely affects the health or safety of persons residing or working in the neighborhood of the proposed project;

b.                     Be in conflict with the Plan;

c.                     Overburden existing and programmed public facilities as set forth in Article 20 of the Zoning Ordinance and as provided in the adopted Adequate Public Facilities Standards (APFS);

d.                     Constitute a violation of any provision of the Zoning Ordinance or other applicable law; or

e.                     Adversely affect the natural resources or environment of the City of surrounding areas.

 

In accordance with Section 25.07.07 of the Zoning Ordinance, the Mayor and Council and Planning Commission were previously briefed on this project plan application.

 

Should the Mayor and Council ultimately approve the amendment to the PD and Project Plan, the development review process will continue with the Level 2 Site Plan which is reviewed and acted upon by the Planning Commission.

 

Site Description

Location:

2401 Wootton Parkway

 Planning Area:    Land Use Designation:

Planning Area 14 - Rockshire and Fallsmead   RF - Residential Flexible

  Zoning District:

  PD-RS (Planned Development - Rockshire) with MXNC (Mixed-Use Neighborhood Commercial) Equivalent Zone

Existing Use:

  Vacant Shopping Center (51,862 square feet)  

Proposed Use:

31 single-family detached dwellings, 29 townhouses, up to 5,200 square feet of commercial/office, and a neighborhood park

Site Area:

7.32 acres (318,968 square feet)

Building Height:

  45 feet maximum

 

 

 

 

 

Surrounding Land Use and Zoning

Location

Zoning

Planned Land Use

Existing Use

North

PD - RS (Planned Development - Rockshire)

RD - Residential Detached

Single-family detached

East

PD - RS (Planned Development - Rockshire)

I - Private Institution and OSP - Open Space Private

Korean Presbyterian Church and Rockshire Community Pool

South

PD - RS (Planned Development - Rockshire)

RA - Residential Attached

Townhouses

West

PD - RS (Planned Development - Rockshire)

RD - Residential Detached

Single-family detached

 

Project Description

The Applicant proposes to raze the existing shopping center and redevelop the property as a mixed-use development consisting of 31 single-unit detached dwellings, 29 townhouses, up to 5,200 square feet of neighborhood-serving retail and office, and a neighborhood park. Fifteen percent of the residential units, nine (9) townhouses, are proposed to be moderately priced as required by the City’s Moderately Priced Dwelling Unit (“MPDU”) Ordinance.

 


Figure 1. Site Plan

 

The single-unit detached dwellings are located at the northern end of the development and will front Hurley Avenue and open space mews (i.e., yards lined with buildings). The dwellings will be two stories tall with a basement and a rear-loaded garage and have a height of approximately 32 feet. The MPDU townhouses will be 4 stories tall, and the market rate townhouses will be three stories tall (with an optional fourth story) and have a maximum height of 45 feet. The townhouses are rear-loaded and front open space mews. Two different townhouse widths are proposed, 20’ and 14’.

 

Access to the development is proposed from both Wootton Parkway and Hurley Avenue. The Applicant proposes two public streets, Public Streets A and B. These two new public streets, together with private alleys, will provide internal circulation and access to individual residences.

 

The proposed commercial and office use building will front proposed Public Street B and provide an opportunity for neighborhood-serving retail, and small-scale restaurants with outdoor seating and/or office space. The conceptual floor plan of the building shows four tenant spaces, a loading and refuse area contained within the building. Approximately 36.2% (95,821 square feet) of the subject property will remain as open space, of which 7.6% (20,298 square feet) will function as public use space. The public use space is proposed primarily as a neighborhood park featuring a terraced garden; a nature-inspired playground with opportunities for slides, rock scrambles, and seating; a boardwalk; and a multi-use park/plaza and retail promenade which provides a strong link to the retail center. The retail center and neighborhood park collectively represent the community gathering space component of the project recommended in the Plan on page 377.

 

A small parking lot intended to serve the Rockshire Community Pool during the summer swim season and when the community room is in use, is located at the southeast corner of the site. Specifically, 30 out of the 39 parking spaces will be reserved in accordance with the Rockshire Association License Agreement. The Applicant states that outside of the stipulated times, 30 parking spaces may be available for this mixed-use development for visitor or retail parking.

 

Project Analysis

 

Master Plan

This project falls within Planning Area 14 (Rockshire and Fallsmead) of the Rockville 2040 Comprehensive Plan (“Plan”), and the site is identified as Focus Area 1. The Land Use designation applied to the site is RF - Residential Flexible. The definition of RF in the Plan is that it “…includes a mix of townhouses/rowhouses and apartment buildings, as well as detached houses. It is applied to sites where the mix of allowed residential types is flexible and to be finalized during the development review. Small-scale commercial uses are an included option if integrated into the residential development.” Staff find that the development proposal is compatible with the Plan. These compatibilities include the addition of mixed housing types, small-scale commercial uses, and a community gathering space. The Applicant also modified the architectural style of the single-unit detached dwellings, so the design blends with the neighboring community. Additional details are provided in the ‘Findings’ section of this report.

 

Conditional Use

Single-unit detached dwellings are permitted in the MXNC zone as a conditional use subject to the requirements of Section 25.13.04.a. of the Zoning Ordinance.

 

Section 25.13.04.a - Residential. Where residential uses are permitted as conditional uses in a mixed-use zone, other than the MXC zone, they are only allowed in those areas of the zone recommended for such use in the plan. The Planning Commission in approving such conditional uses shall establish such development standards as deemed necessary to render such uses suitable and compatible with the surrounding uses and in accordance with the intent of the plan.

 

The Plan recommends a mix of residential housing types, including single-unit detached dwellings, on the Rockshire Village Center site. The proposed single-unit detached dwellings will be compatible with existing single-unit detached dwellings in the area in terms of scale and design.

 

Traffic and Transportation

The following provides a summary review of the analysis pertaining to the prepared Comprehensive Transportation Review (CTR), a detailed Pedestrian Study for the Wootton Parkway, and site driveway intersection and speed studies along Wootton Parkway at two (2) locations. This includes reviews of all the relevant transportation aspects of the proposed development application in full compliance with the City of Rockville’s CTR guidelines. The main purpose of this analysis was to evaluate whether the proposed project would generate a detrimental impact on the surrounding transportation network. This evaluation is based on a technical comparison of the existing conditions, background conditions, and total future conditions. 

 

The traffic data was collected on Thursday, December 14, 2022, while schools were conducting in-person learning, and working patterns had normalized following the COVID-19 pandemic. Data was collected between the peak periods of 6:30 AM and 9:30 AM and 4 PM and 7 PM (the AM peak period coinciding with the school’s arrival peak period). From the peak periods, a morning peak hour of 7:15 AM to 8:15 AM, and an afternoon peak hour of 5 PM to 6 PM, were identified.

 

Access and Circulation:

1.                     Passenger Vehicle: Vehicular access to the proposed project will be provided via two (2) curb cuts, one (1) on Hurley Avenue and one (1) on Wootton Parkway, consistent with the existing access configuration. Wootton Parkway is an Arterial roadway and Hurley Avenue is classified as a primary residential roadway. The Wootton Parkway access point is controlled by a traffic signal and connects to the driveway that serves the adjacent residential neighborhood. The new proposed access on Hurley Avenue will be slightly southwest of the existing curb cut. The project also will include an internal road and alley network that will be built to city design standards and requirements and will help to promote efficient circulation on site.

2.                     Heavy Vehicle (Trucks):  The largest vehicle that will access the site is a fire truck. All deliveries, pick-ups, and trash service will occur on proposed roadways and alleys on an as-needed basis.

3.                     Required and Visitor Parking:  The proposed development will provide a total of 201 vehicle parking spaces across the site with the following breakdown:

• 120 residential private garage/driveway parking spaces

• 25 on-street parking spaces serving visitors to the site

• 26 parking spaces designated for the commercial component of the project

• 30 parking spaces designated to serve the Rockshire HOA Community Center/Pool

Visitor parking is encouraged and recommended by staff, especially whenever an Applicant seeks a road code waiver. However, visitor parking is not a city code requirement.

4.                     Pedestrian Access:  Pedestrian access to the site will be available from the access points with sidewalks on Hurley Avenue and Wootton Parkway. The Millennium Trail, a shared-use path, runs along the project site frontage on Wootton Parkway. The project includes several connections to the Millennium Trail. A connection to the sidewalk along the Hurley Avenue frontage is also proposed. Curb ramps are proposed at all pedestrian sidewalk crossings at road grade. The project also includes the replacement of an existing and substandard asphalt trail that provides pedestrian access from Hurley Avenue to the adjacent church and Rockshire community pool and will facilitate convenient and direct access between the Rockshire HOA parking area and the community center. Pedestrian access to the adjacent institutional use (church) is also proposed to be maintained with an improved connection subject to coordination with the church property owner. The proposed internal sidewalks provide comfortable and convenient access between the project and the surrounding community. Internal connectivity is also convenient with a sidewalk network that connects the residential and retail land uses.

5.                     Bicycle Accommodation:  Primary bicycle access to the site is expected to occur via the access points on Hurley Avenue and the Millennium Trail on Wootton Parkway. Hurley Avenue is a signed shared roadway, and as requested by City of Rockville staff, sharrow markings will be installed on the northeast-bound travel lane along the property frontage as part of the project. Per the City of Rockville’s Zoning Ordinance, four (4) short-term bicycle parking spaces and two (2) long-term bicycle parking spaces will be provided on-site.

6.                     Transit Access:  The site is located approximately three (3) miles from the MARC, Amtrak, and WMATA’s Rockville Metro Station which is served by the Red Line. The Montgomery County Ride On bus system also provides local transit service adjacent to the site. Three (3) Montgomery County Ride On routes (routes 45, 56, and 301) are servicing the site via an existing bus stop that is located along Wooton Parkway near the site entrance.

 

Parking Waiver

The Applicant proposes a total of 26 vehicle parking spaces to serve the 5,200 square-foot commercial/office building, 17 spaces are located within the parking lot adjacent to the building while nine spaces are proposed within the parking lot at the southeast corner of the site. The Applicant has submitted a parking waiver pursuant to Section 25.16.03.h of the Zoning Ordinance to permit flexible parking standards for the proposed commercial/office building, only in the event the building is fully leased for restaurant use. If the building is leased for commercial retail sales and like uses, the proposed number of vehicle parking spaces would be sufficient and satisfy the Zoning Code requirement.

 

Section 25.16.03.d (Number of spaces required - Table of space requirements) of the Zoning Ordinance provides the minimum number of vehicle parking spaces required for each land use. Utilizing the Zoning Ordinance’s Retail sales, trade, or merchandising (except furniture stores and supermarkets less than 30,000 SF of GFA) parking ratio of one (1) parking space per 200 square feet gross floor area, the required number of parking spaces is 26. However, the Applicant aspires to have a restaurant or fast-casual dining within the building and the Applicant understands that said uses are subject to a more intensive parking ratio as provided below.

 

Use

Unit of Measure

# of Spaces

Development Proposal

Required

Full-service restaurant including fast food restaurant in a multi-tenant building

Per 50 SF of patron use area

1

2,917 SF*

59

 

Per 80 SF outdoor patron use

1

780 SF

10

 

Per two employees

1

8**

4

 

Per 15 SF of bar patron area where bar patron area exceeds 10% of total patron use area

1

0

0

Total Required

73

*60% of 4,861 Square Feet (Total tenant lease area). Assumes 40% is back of house. **Assumes two employees per tenant. Note: Tenants have not been secured.

 

As the Approving Authority for Project Plan applications, the Mayor and Council may authorize a reduction in the required number of vehicle parking spaces, provided that at least one of the items listed in Section 25.16.03.h.1 is met. Staff finds that the applicant meets items b, e, and f as described 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;

 

(b)                     There are three (3) or more bus routes in the immediate vicinity of the building or buildings; or

Ride On Bus routes 45, 56, and 301 provide service in the immediate vicinity and to the site via an existing bus stop that is located along Wootton Parkway near the site entrance.

 

(c)                     There is a major public parking facility available to the public within one thousand (1,000) feet of a building entrance;

 

(d)                     Where the size of the lot is so small that meeting the parking requirement would prevent redevelopment;

 

(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

Two bikeway facilities are near the site. The first is the Millenium Trail which runs along the property’s Wootton Parkway frontage. The second is a signed shared roadway with sharrow markings, which will be installed along the Hurley Avenue property frontage. Bicycle parking will be provided on-site as required by the Zoning Code.

 

(f)                     For any other good cause shown.

Staff agrees with the Applicant’s retail consultant that small-scale restaurant uses are anticipated to find the commercial building viable for their operations based on the building’s size, location, and surrounding context. The proposed small-scale, neighborhood-serving restaurants would likely attract patrons from the immediate neighborhood who are likely walking or rolling to the site. As mentioned previously, the site is proposed to be walkable and provides the appropriate facilities to do so.

 

The staff has reviewed the request and recommends approval of the parking reduction. The restaurant parking ratio does not differentiate between large, full-scale restaurant and small-scale, neighborhood-serving restaurant uses, and based on the building’s size and site characteristics, small-scale restaurants would be most viable for this site. Overparking the site would not be advisable either for this predominantly residential development. In addition to the 26 parking spaces, the development proposal includes 30 additional parking spaces that may be used most of the year except during the summer swim season operating hours or when the Rockshire Association’s community room is in use.

 

Development Standards Waiver

The Applicant has submitted a request pursuant to Section 25.14.07.d.4 of the Zoning Code to waive the equivalent zone standards for building setbacks in the MXNC zone. Section 25.13.05.b.1 requires the following setbacks for each of the proposed buildings within the Project:

 

 

 

 

 

 

 

 

 

 

 

Setbacks

Applicability

Public Right-of-Way Abutting

Side

Rear

 

 

Residential Land Abutting

Non-residential Land Abutting

Residential Land Abutting

Non-residential Land Abutting

All Proposed Buildings

None required. 10’ minimum if provided

25’ or the height of the building, whichever is greater

None required. 10’ minimum if provided

25’ or the height of the building, whichever is greater

None required. 10’ minimum if provided

 

Instead, the Applicant has submitted the waiver to permit the following building setback standards for each building type:

 

Setbacks

Applicability

Public Right-of-Way Abutting

Side

Rear

 

 

Residential Land Abutting

Non-residential Land Abutting

Residential Land Abutting

Non-residential Land Abutting

Single Unit Detached Dwellings  (32’ height)

9’*

5’*

13’

30’*

N/A

Townhouses  (45’ height)

3’*

0’*

16.2’

27.5’*

29’ (building to building)

Commercial/ Office Building  (20’ height)

12’

25’

10’

29’ (building to building)

N/A

* Waiver requested for proposed alternate setback

 

The Code states that as the Approving Authority, the Mayor and Council “may waive the application of one (1) or more of the development standards of the designated equivalent zone upon a finding that the Applicant has shown good cause as to why the development standards should not apply to any portion of the planned development project.” The Mayor and Council must consider the following:

 

(a)                     Whether the development standard of the equivalent zone is compatible with the completed portions of the planned development;

Unlike the MXNC zone development standards, the proposed development standards are compatible with the completed portions of the Rockshire Planned Development. The MXNC zone setback standards would permit a zero-yard setback for each side that abuts a public right-of-way. This means that properties along Hurley Avenue could be placed right at the property line which would not be consistent with all other properties along Hurley Avenue which are all set back from the property line. Additionally, the MXNC zone setback standards would require a minimum of 25’ side yard setback for each side that abuts residential. This would require all dwelling units, including the townhouses (attached dwelling units) to be a minimum of 50’ apart from each other. This is not consistent with the completed portions of the Rockshire Planned Development as many of the dwelling units in the area are approximately between 0’ (townhouse developments located south and northeast of the site) to 20’ (single-unit detached dwellings along Hurley Avenue).

 

(b)                     Whether applying the development standard of the equivalent zone is consistent with good planning and design principles;

Staff does not believe applying the MXNC setback standards is consistent with good planning and design principles. Staff relies on the Plan, in part, to guide development in the City. In this case, the Plan recommends the proposed mix of housing types. Applying the MXNC setback standard to the townhouses (attached dwelling units) defeats the purpose of this type of housing. There is a significant housing shortage in Rockville and Montgomery County and requiring strict compliance with the setback standards would result in a low-density development and significantly reduce the amount of housing units on the site.

 

(c)                     Whether applying the development standard of the equivalent zone is reasonable and practically feasible. The cost of applying the standard may, but does not necessarily, demonstrate that applying the development standards of the equivalent zone is reasonable or practically feasible; and

Honoring the MXNC zone setbacks would necessitate significant changes to the development proposal that would result in a reduction in the number of dwelling units, including all, if not most, of the MPDUs, and amenities like the neighborhood park and community gathering space that would be an asset to both future and existing Rockshire residents. The reductions would render the project unfeasible.

 

(d)                     Such other factor as the Approving Authority reasonably deems appropriate.

As noted above, applying the MXNC zone setback standards would result in a reduction or elimination of key features that the City encourages and that are beneficial to the community.

 

Road Code Waiver

The Applicant seeks a road code waiver for proposed Private Alley D. Section 21-47 of the City Code states that “(a) No road in the corporate limits of the City shall be constructed unless it connects or joins with an existing street in the corporate limits of the City at each end of the road or ends in a cul-de-sac.” Private Alley D does not connect or join with an existing street, nor does it end in a cul-de-sac. See the “Road Code Waiver” attachment. 

 

The staff has reviewed and supports the requested road code waiver. The Applicant has designated an area, near the proposed Alley B/Alley D intersection, that can be used to co-locate refuse and recycling for the six units accessed from dead-end Alley D.  The area will be able to accommodate at a minimum all necessary city-approved bins for the six homes and is at least 100 sf in area. The Applicant must write in the homeowner’s association covenants that these residences shall utilize this designated area for their refuse and recycling pick-up area because the municipal trucks will not be able to traverse the dead-end alley.

 

The Mayor and Council are the Approving Authority for granting the requested road code waiver. The road code waiver will be included in the adoption resolution of this project plan.

 

Public Notification and Engagement

Notifications of the Project Plan application were made consistent with City Code requirements. The Applicant held a virtual pre-application area meeting on March 1, 2023, and two post-application area meetings. The first post-application area meeting was conducted virtually via Webex on August 2, 2023, and the second was conducted in person at Thomas Farm Community Center on August 23, 2023. Based on the public feedback received at these meetings, the Applicant modified the development proposal by adding a playground within the neighborhood park, reducing the height of the retaining wall by the abutting church and pool, adding a pedestrian connection from Hurley Avenue, changing the architectural style of the single unit detached dwellings, making the fourth story of the MPDUs the standard height, and increasing the number of short-term bicycle parking near the retail and park. Additionally, the Applicant has agreed to provide electric appliances.

 

As of the date of this report, staff has received 66 emails and multiple phone calls from the public requesting information, expressing opposition and support for the project. See the “Public Testimony” attachment.

 

Additional public engagement opportunities will be provided during the Level 2 Site Plan process.

 

Boards and Commissions Review

In accordance with Section 25.07.07.6. of the Zoning Ordinance, the Planning Commission was briefed on this project plan application on September 27, 2023, and the Mayor and Council were briefed on December 18, 2023. Both the Planning Commission and the Mayor and Council were generally supportive of the application and expressed no significant concerns with the development proposal.

 

At the briefings, the Planning Commission, and Mayor and Council asked questions and offered suggestions concerning the development proposal. The Commission had questions about the retail frontage and how a pedestrian on the Millennium Trail could access the retail space as well as the developer’s anticipated risk of adding retail at this location. There were also questions about the traffic analysis and the Commission sought clarification for the timing of data collection for the traffic analysis. The Commission also asked for details on the proposed relocation of the Hurley Avenue entrance drive and the relocation of an existing asphalt trail near the Korean Presbyterian Church. The Mayor and Council emailed questions and comments which are attached to this report along with staff responses (see “Mayor and Council Briefing” attachment).

 

The Applicant also briefed the Transportation and Mobility Commission, Rockville Bicycle Advisory Committee (RBAC), and Rockville Pedestrian Advocacy Committee (RPAC) on the development proposal at the request of the Planning Commission and Mayor and Council. The Transportation and Mobility Commission was briefed on October 24, 2023, RBAC was briefed on January 3, 2024, and RPAC was briefed on January 11, 2024. The Applicant increased the number of short-term bicycle parking, added an accessible path at the northwest corner of the park, and has agreed to install accessible electrical outlets for charging scooters and designating a scooter pick-up/drop-off area, all at the recommendation from the Committees.

 

On February 28, 2024, the Planning Commission held a public hearing on this application and recommended unanimous approval (by a vote of 4 to 0), subject to the conditions recommended by staff. As conditioned by the Planning Commission, the Applicant resubmitted their site plan documents for review. Staff reviewed the submittal and has determined that the Applicant addressed staff’s comments and that the application complies with the Project Plan Findings in the Zoning Ordinance. At the public hearing, the Planning Commission had the following questions and comments:

 

Why is the parking waiver necessary?

 

Staff response: The parking waiver is necessary in case the proposed commercial building is fully leased for full-service restaurant use because that is the use that has the largest parking requirement. As mentioned previously, a total of 73 parking spaces would be required and a total of 26 parking spaces are proposed.

 

What are the metrics for the student generation rates? Is the size of the dwelling unit and the number of bedrooms taken into consideration?

 

Staff response: The City’s school test utilizes Montgomery County’s Student Generation Rates. The rates are updated biennially and are the average number of students living in a particular type of residential unit for a given geographic area. The four residential unit types are single-family detached, single-family attached, multi-family low-rise (structure up to 4 stories), and multi-family high-rise (structures 5 stories or higher). The rates do not consider the size of the residential unit or the number of bedrooms in the unit.  The two geographic areas, as established by Montgomery County, are the turnover impact area and the infill impact area.

 

What is the proposed square footage for each of the residential unit types?

Staff response: At this stage, the square footage is approximate and will be finalized with the Level 2 site plan.

 

Will the developer provide electric vehicle (EV) charging stations within the development? Will each of the residential units be EV-ready?

 

Staff response: In accordance with condition of approval #4, the development will include an EV charging station and each residential unit will be EV-ready.

 

What, if any, barrier is proposed at the end of Alley D?

 

Staff response: A decorative metal screen is proposed. The site plan states that the wall could provide an opportunity for a mural. Final details will be provided with the Level 2 site plan.

 

Have commercial tenants been secured?

 

Applicant response: Tenants have not been secured at this point. However, the Applicant will continue to work with their retail consultant.

 

What are the general requirements of the parking agreement?

 

Staff response: The private license agreement between the shopping center owner and the Rockshire Homeowners Association allows the Association to use 30 parking spaces within the Rockshire Village Center site. The parking spaces are available for use by the Association only during the summer swimming season, and only for one hour before and one hour after the pool is open. The parking spaces are also available for use when the community room is used by the Association.

 

Will public testimony be taken at the Mayor and Council adoption hearing?

 

Staff response: Not at the adoption meeting but public testimony will be taken at the Mayor and Council public hearing scheduled for April 15, 2024. Additionally, there will also be two opportunities for the public to provide testimony in a public forum during the Level 2 Site Plan process, the post-application area meeting and the Planning Commission public hearing.

 

Next Steps

If the Mayor and Council adopt the proposed Resolution, the Project Plan application is approved, and the Applicant may proceed with the Level 2 Site Plan phase of the development review process.