Subject
title
Discussion and Instructions to Staff on 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; EYA Development, LLC., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council discuss the proposed application and provide instructions to staff on the next steps.
Overview
Case: Rockshire Village Center - Project Plan PJT2024-00017
Location: 2401 Wootton Parkway
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
240.314.8227
nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>
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Applicants: EYA Development, LLC. |
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Filing Date: July 11, 2023
Meeting
Date: April 15, 2024
Executive Summary
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.
On February 28, 2024, staff presented this application to the Planning Commission. The Planning Commission considered the request and recommended approval to the Mayor and Council, subject to the conditions in the staff report. A summary of the discussion is detailed in the ‘Boards and Commissions Review’ section of the report.
Should the Mayor and Council ultimately approve the amendment to the PD, and thereby approve the Project Plan, the Planning Commission will consider a site plan for the development project.
Site Description
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Location: |
2401 Wootton Parkway |
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Planning Area: Land Use Designation: |
Planning Area 14 - Rockshire and Fallsmead RF - Residential Flexible |
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Zoning District: |
PD-RS (Planned Development - Rockshire) with MXNC (Mixed-Use Neighborhood Commercial) Equivalent Zone |
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Existing Use: |
Vacant Shopping Center (51,862 square feet) |
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Proposed Use: |
31 single-family detached dwellings, 29 townhouses, up to 5,200 square feet of commercial/office, and a neighborhood park |
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Site Area: |
7.32 acres (318,968 square feet) |
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Building Height: |
45 feet maximum |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
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East |
PD - RS (Planned Development - Rockshire) |
I - Private Institution and OSP - Open Space Private |
Korean Presbyterian Church and Rockshire Community Pool |
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South |
PD - RS (Planned Development - Rockshire) |
RA - Residential Attached |
Townhouses |
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West |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
The Project Plan site is identified as Parcel A of the Rockshire Village Center and is located at the southeastern corner of Wootton Parkway and Hurley Avenue, approximately 600 feet north of Thomas S. Wootton High School. The site’s frontage along Wootton Parkway is approximately 610 feet and the Hurley Avenue frontage is approximately 545 feet. The property is within the PD-RS (Planned Development - Rockshire) Zone, has an equivalent zone of MXNC (Mixed-Use Neighborhood Commercial) and is subject to the Rockshire Planned Development governing documents.
The site is currently improved with a one-story, 51,862 square-foot shopping center constructed in the 1970s and a large impervious surface parking lot. Although the shopping center has been vacant for several years and has been fenced off, the parking lot is used by the patrons of the Korean Presbyterian Church as well as members of the Rockshire Homeowners Association who share spaces pursuant to a recorded license agreement, L.4957 F.697 (See “Rockshire License Agreement” attachment). Large mature trees and plantings line the Wootton Parkway and Hurley Avenue frontages. The site is mostly flat except for a landscape berm along Hurley Avenue and a portion of Wootton Parkway.
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.
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 to 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 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.
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Use |
Unit of Measure |
# of Spaces |
Development Proposal |
Required |
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Full-service restaurant including fast food restaurant in a multi-tenant building |
Per 50 SF of patron use area |
1 |
2,917 SF* |
59 |
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Per 80 SF outdoor patron use |
1 |
780 SF |
10 |
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Per two employees |
1 |
8** |
4 |
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Per 15 SF of bar patron area where bar patron area exceeds 10% of total patron use area |
1 |
0 |
0 |
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Total Required |
73 |
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*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 in close proximity to 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 recommend 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 restaurant 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:
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Setbacks |
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Applicability |
Public Right-of-Way Abutting |
Side |
Rear |
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Residential Land Abutting |
Non-residential Land Abutting |
Residential Land Abutting |
Non-residential Land Abutting |
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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:
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Setbacks |
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Applicability |
Public Right-of-Way Abutting |
Side |
Rear |
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Residential Land Abutting |
Non-residential Land Abutting |
Residential Land Abutting |
Non-residential Land Abutting |
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Single Unit Detached Dwellings (32’ height) |
9’* |
5’* |
13’ |
30’* |
N/A |
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Townhouses (45’ height) |
3’* |
0’* |
16.2’ |
27.5’* |
29’ (building to building) |
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Commercial/ Office Building (20’ height) |
12’ |
25’ |
10’ |
29’ (building to building) |
N/A |
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* 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 62 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 footages 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: The current proposal does not include EV charging stations. However, 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.
Based on direction and instructions from the Mayor and Council, staff will prepare a Resolution for the Mayor and Council to consider at the June 3, 2024 meeting.
In accordance with Section 25.14.07.e.2, any proposal to amend the Planned Development Governing Documents must comply, and be processed in accordance with, the requirements for a Project Plan as set forth in Article 7. Pursuant to Section 25.07.01.b.2, a Project Plan may be approved only if the Mayor and Council find that the approval of the application will not:
(i) Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project;
The Applicant worked closely with the City and community and went through several plan adaptations to settle on this development proposal that is attractive, compatible, and well-integrated with the surrounding neighborhood. The Project consists of 60 residential units, nine of which are reserved as MPDUs, and as conditioned, the Applicant will provide income-tiered MPDUs at income bands - 50%, 60%, and 80% AMI. As requested by the City and the community, a neighborhood-serving retail is proposed near Wootton Parkway. The retail along with the complimentary neighborhood park are intended to serve as a significant community gathering space for the development as envisioned by the Plan. The neighborhood park and proposed mews, located between every row of dwelling units, serve to satisfy the open and public use space requirements of the code. The mews will extend the length of the development, connecting residents to various parts of the development and beyond (Korean Presbyterian Church and Millenium Trail). The Applicant will upgrade the existing Hurley Avenue right-of-way by installing sharrow markings on the northeast-bound travel lane along the property frontage, as requested by city staff, and such improvement should make cycling along Hurley Avenue safer as well as benefit both future and current residents of the neighborhood. The proposed change from a retail center to a mixed-use development will decrease the potential traffic load on the road infrastructure in this area. Additionally, the proposed redevelopment will revitalize the once-vibrant Rockshire Village Center, which has been vacant for several years and severely underutilized.
At this initial stage in the development review process of the proposed Planned Development amendment, staff has found no evidence that the change from a retail center to a mixed-use development will adversely affect the health and safety of persons working or living in this area.
(ii) Be in Conflict with the Plan;
The project is not in conflict with the Rockville 2040 Comprehensive Plan. This project falls within Planning Area 14 of the Plan. There are no other neighborhood master plans applicable to the site. Within Planning Area 14, this site is identified as Focus Area 1. Staff finds the following compatibilities within the Plan:
• “The Rockshire Village Center property is planned for a mix of residential housing types with the potential for small-scale commercial uses under the RF (Residential Flexible) land use designation. Any new housing development should include neighborhood-serving retail space and/or provide a significant gathering space that would be an asset to the broader community beyond the site” (page 378). The Applicant is proposing a mix of housing types, small-scale commercial uses, and a community gathering space.
• “Amend the approved planned development for the property to allow residential uses (preferably single-unit detached homes or attached townhouses/row houses) if the proposed residential development includes neighborhood-serving retail and/or community gathering space” (page 378). The Applicant is proposing both detached single-unit and townhouse housing types and is also proposing neighborhood-serving retail.
• “Any new development at the Rockshire Village Center site should blend well with adjacent housing in terms of scale, massing, and height. Building heights adjacent to and close to existing housing should complement existing conditions. Building heights may be slightly taller along Wootton Parkway, along the perimeter shared with the church, and within the interior of the site. Retail uses should have good visibility and/or visible signage from Wootton Parkway. Parking for the Rockshire HOA swimming pool must be provided in close proximity to the path connecting the site with the pool” (page 379). The Applicant is proposing housing styles and designs that blend with the neighboring community and fall below the maximum height allowed of 45 feet. Additionally, the Applicant is providing parking for the Rockshire HOA swimming pool as a part of this development.
(iii) 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;
The Project will not 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.
Schools
The property is served by the Thomas S. Wootton Cluster Area (Fallsmead Elementary School, Robert Frost Middle School, and Wootton High School), and is located within a Turnover School Impact Area. Using the corresponding Montgomery County FY2024-2029 Student Generation Rates, the proposed development will generate the following number of students:
|
Student Generation For Housing Types In Turnover Area |
|
Grade Levels |
MCPS Rates for Single Family Detached |
# of Students Generated by Proposed Single Family Detached |
MCPS Rates for Single Family Attached |
# of Students Generated by Proposed Single Family Attached |
Student Total |
|
Elementary School |
.185 |
(.185*31 units) = 5.7 = 6 students |
.218 |
(.218*29 units) = 6.3 = 7 students |
13 |
|
Middle School |
.102 |
(.102*31 units) = 3.2 = 4 students |
.119 |
(.119*29 units) = 3.5 = 4 students |
8 |
|
High School |
.154 |
(.154*31 units) = 4.8 = 5 students |
.167 |
(.167*29 units) = 4.8 = 5 students |
10 |
The current school test standards of the APFS utilize a seat deficit and capacity percentage calculation to determine adequacy. The maximum permitted capacity level is 120% and no more than a 110-seat capacity deficit in elementary schools and a 180-seat capacity deficit in middle schools. The proposed development meets these standards at all three grade levels.
|
School Test: Seat Deficit > 110 Seats (Elem.) or > 180 (Middle) and Percent Utilization >120% (Elem., Middle, and HS) = Moratorium |
|
School Type (Thomas S. Wootton Cluster) |
Projected 2028-29 Enrollment |
Students Generated by Proposed Development |
100% MCPS Program Capacity 2028-29 |
Enrollment Including Proposed Development |
School Percent Utilization in 2028-2029 |
School Percent Utilization in 2028-29 with Proposed Development |
|
Fallsmead ES |
574 |
13 |
561 |
587 |
102.3% |
104.6% |
|
Robert Frost MS |
963 |
8 |
1,051 |
971 |
91.6% |
92.4% |
|
Wootton HS |
2,065 |
10 |
2,120 |
2,075 |
97.4% |
97.9% |
Water and Sewer
In a letter dated February 20, 2024 (see “Water and Sewer Authorization Letter” attachment) the proposed development received Water and Sewer Authorization approval from the Department of Public Works (DPW) for connection to the City’s water and sanitary sewer systems. The Applicant will construct a network of water and sanitary sewer infrastructure to serve the development. The Water and Sewer Authorization Approval Letter lists project-specific conditions of approval.
Traffic and Transportation
Roadway Network Analysis:
A limited-scope Transportation Report was prepared in accordance with the City’s Comprehensive Transportation Review (CTR) requirements and was reviewed by Traffic and Transportation staff. The proposed redevelopment is projected to generate less than 30 peak-hour trips since it considers all vested AM and PM peak trips for the approved uses on the site. The submitted report focused on the site access, on-site circulation, transit, pedestrian, and bicycle accessibility and accommodations as well as determining whether the proposed project will have a negative impact on the existing and proposed transportation network that will serve the proposed development by evaluating future conditions with and without the project using the recommended methodologies, procedures, and the intersection impact thresholds set by City of Rockville CTR guidelines.
Based on this comprehensive review which took into account the needs of motorists, bicyclists, pedestrians, and transit users, staff concurs with the submitted transportation report findings and conclusion that the proposed redevelopment of the subject site as proposed: (1) will substantially generate less peak hour vehicle trips as compared to the existing and approved retail shopping center with grocery store, as shown below; (2) will not substantively alter or change vehicular traffic flow movements in and around the site; and (3) will not have a detrimental impact on the existing and planned transportation network, provided the approval is subject to all staff recommended traffic and transportation conditions.
Trip Generation:
Traffic volumes generated by the site were calculated using the latest ITE Trip Generation Manual, for AM and PM commuter peak hours. Below is the proposed development peak hour trip generation:
|
|
AM Peak |
PM Peak |
|
Proposed Residential and Retail |
|
29 residential townhouse units |
32 |
33 |
|
31 residential single-family units |
26 |
33 |
|
5,500 SF retail space |
8 |
69 |
|
Subtotal for New Trips |
66 |
135 |
|
Existing Retail Development |
|
52,000 SF retail with Grocery Store |
149 |
465 |
|
Pass-by Reduction for Grocery Store |
---- |
-168 |
|
Subtotal for Vested trips |
149 |
297 |
|
Net Trips Generated |
-83 |
-162 |
(iv) Constitute a violation of any provision of the Zoning Ordinance or other applicable law;
The saff has reviewed the proposed development for compliance with the Zoning Ordinance and finds that the development proposal is consistent with the Zoning Ordinance requirements, aside from the regulations relevant to the requested waivers. For such instances where waivers are sought, staff agrees that the waiver criteria are met and the waivers should be granted.
All other development standards including building height requirements and open area and public use space requirements are met at this Project Plan stage of the development project. The Zoning Ordinance requires 10% open space and 5% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly accessible location. The proposed land uses are consistent with the uses identified in the land use table in the Zoning Ordinance for the MXNC Zone and are also consistent with the Plan. The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.c (Special design regulations for individual mixed-use zones - MXE) will ensure that thoughtful and sensitive design is utilized in the project. Compliance with these sections will be confirmed during the site plan review.
Newly constructed sidewalks and pedestrian elements within the right-of-way shall be fully accessible and comply with the criteria for accessible routes in the 2010 ADA Standards for Accessible Design. Where the running slope of a sidewalk exceeds 1:20, such sidewalk or portion thereof shall comply with the requirements for ramps found in §405 of the 2010 ADA Standards for Accessible Design. Conformance with other requirements, including but not limited to other zoning requirements, city codes, and the building code, will be confirmed through the site plan, permit review, or other applicable process.
(v) Adversely affect the natural resources or environment of the City or surrounding areas.
Stormwater Management
Stormwater Management (SWM) for this project will be provided for all new and replacement impervious areas as required by Chapter 19 of the Rockville City Code and in compliance with the Pre-Application SWM Concept Approval Letter dated February 20, 2024 (see “Pre-App SWM Concept Approval Letter” attachment). On-site SWM is being provided by the Applicant through the construction of Environmental Site Design (ESD) measures including micro-bioretention facilities to treat runoff from a minimum of 0.7 inches of rainfall. Additional Water Quality Volume (WQV) and Channel Protection Volume (CpV) measures include underground vaults with storage and filtration systems. A monetary contribution is proposed by the Applicant in lieu of providing on-site quantity management and the remaining onsite water quality management. The Pre-Application SWM Concept Approval Letter lists project-specific conditions of approval.
Forestry
This project must meet all requirements of Chapter 10.5 of the City’s Forest and Tree Preservation Ordinance in addition to any additional City or State requirements.
The City approved a Natural Resource Inventory/Forest Stand Delineation (NRI/FSD) on
December 29, 2022 (FTP #2022-00007). The NRI/FSD delineated 0.70 acres of onsite forest.
Overview
As noted in the site description, the property is "occupied by an abandoned commercial building and surrounding surface parking". The interior of the site is heavily paved, accommodating few existing trees. The property does have a relic landscape berm (highlighted in the “Natural Resources Inventory Forest Stand Delineation” attachment) that extends the frontage along Hurley Avenue and much of Wootton Parkway. Most of the on-site trees are located within this area.
The approved NRI/FSD identifies a total of 37 on-site, significant trees. A significant tree is defined (Chapter 10.5-5) as a tree with a DBH of 12" or greater, when located outside a forest, or 24" or greater, when located inside a forest. A forest is defined as "a continuous biological community dominated by trees and other woody plants covering a land area of 5,000 square feet or greater." Based on this definition, staff delineated .70-acres of forest, on-site, within the landscape berm. The forest is represented by the dotted hatch on the preliminary forest conservation plan (see “Preliminary Forest Conservation Plan” attachment). It is important to note that any trees less than 24" DBH within the forested area, are not considered significant.
Proposed
The PFCP details the removal of the forested area, which results in a reforestation requirement of 2.10 acres. The PFCP yields an additional .40-acre afforestation requirement. That equates to a planting requirement of 2.50 acres, or 108,900 square feet. While the PFCP accounts for the entire .70-acre forest removal, the applicant will be preserving an approximate .11-acre swath at the corner of Wootton and Hurley.
The current iteration of the PFCP shows credit as follows:
1. 64 street trees to be planted on newly created public roads (internal to the development) totaling 25,600 square feet
2. 4 shade trees planted within the development totaling 1,600 square feet
3. 53 evergreen trees planted within the development totaling 10,600 square feet
4. 18 ornamental trees planted within the development totaling 3,600 square feet
5. Preservation of a 24" Black Cherry totaling 1,018 square feet
This totals 42,418 square feet of credit, which results in a deficit of 66,482 square feet. The applicant is proposing (“Fee-in-lieu Applicant Justification” attachment) a fee-in-lieu payment for the remainder, which totals $332,410, which may be used in accordance with Chapter 10.5-24.
In addition to the forest conservation requirements (via plantings, preservation, and fee-in-lieu), the applicant is planting a total of 59 replacement trees (shade trees) to offset the removal of 37 significant on-site trees. The trees proposed for removal vary in size from 12" DBH to 26" DBH. Replacement trees must be planted at 2.5" caliper. From a practical, and arboricultural standpoint, it is not feasible to plant replacement trees at mature sizes.
Furthermore, the applicant is proposing to plant 131 lot trees, to meet the requirements of Chapter 25.21.21. The lot trees consist of shade trees, small evergreen trees, and ornamental trees. All lot trees are required to be native species.
In summary, the applicant is proposing to remove a total of 37 on-site significant trees of varying sizes. The applicant’s preliminary forest conservation plan, currently under review, proposes to plant a total of 351 trees of varying species, and size, on the site. In addition, the applicant presently proposes to meet a large portion of their forest conservation requirement through a fee-in-lieu payment of $332,410.
|
Proposed Removal |
Proposed |
|
37 Significant Trees .70 Acres of Forest 13 Street Trees on Hurley Avenue |
351 Total Trees planted on-site $332,410 Fee-In-Lieu Payment 17 Street Trees on Hurley Avenue |
*For a schedule of all on-site existing trees please refer to the tables on page 2 of the Preliminary Forest Conservation Plan attachment.
*For a proposed plant schedule (which is subject to change), please refer to page 5 of the Landscape Plan attachment.
Long Term Preservation
A benefit of a forest conservation plan is the requirement for long-term protection, per Chapter 10.5-26. If the development continues, this will occur in the form of a forest conservation easement recorded in the land record. The easement will require the preservation of elements of the approved forest conservation plan, in perpetuity. This will ensure the property, and specifically, the credited trees (forest conservation and significant replacement trees) remain.
Historic Resources
The property is not within a historic district and currently has no historic resources on-site. However, the existing building on-site will be reviewed by the Historic District Commission at a future meeting prior to its demolition for an Evaluation of Significance.
Staff recommends approval of the application subject to the following conditions, to be incorporated into a Resolution for Mayor and Council consideration:
Planning and Zoning
1. The proposed development will be designed and constructed in a manner consistent with the concept design, graphic conceptual representation, and all associated development tables included in the project plan set.
2. Applicant must submit with the Level 2 site plan application a draft off-site parking agreement consistent with Section 25.16.03.J.1 for the proposed commercial/office parking.
3. Prior to the demolition of the existing building, the Applicant must receive approval to demolish the building through the Evaluation of Significance process before the Historic District Commission.
Forestry
4. A management plan from a certified arborist will be required at the time of Site Plan and/or Final Forest Conservation Plan (FFCP) approval. This management plan shall detail best management practices for the duration of construction through the final occupancy permit along the property lines including areas adjacent to the Millenium Trail on Wootton Parkway to minimize impacts to adjacent trees.
5. The applicant must apply for a waiver consistent with section 4.d.3(c) of the Landscape, Lighting, and Screening Manual if necessitated by the final Landscape Plan. The waiver must be approved before or concurrently with Site Plan approval.
6. At the time of site plan submission (or before), the Applicant must submit a final forest conservation plan (FFCP) that meets the minimum requirements approved with the preliminary forest conservation plan (PFCP) for the proposed limits of the site plan.
7. The applicant must adhere to and meet all requirements of the PFCP approval letter in preparation for submittal and approval of their FFCP.
Fire
8. Painted curbs for Fire Department (FD) access with signage will be required. NFPA 1, 18.2.3.6.1.
9. The commercial building will require a fire department key access box at a location that will allow entry into the entire structure. NFPA 1, 18.2.2.1. Provide calculations showing the required fire flows, per NFPA 1, Section 18.4. and documentation providing the anticipated fire flow provided on-site (at building plan submittal). NFPA 1, Table: 18.4.5.2.1
DPW - Engineering
10. Applicant must construct all proposed roads, private alleys, and public improvements within the Property per City standards and specifications, except as otherwise approved or waived. Minor deviations from the approved cross-sections require approval from the Director of Public Works at the Site Plan phase. The right-of-way for all public roads within the Property must be dedicated to public use in accordance with the Project Plan and exhibits and shall be reflected on a Final Record Plat.
11. Applicant must construct all necessary public improvements, including but not limited to street trees, streetlights, street light conduit, and traffic signals in accordance with all applicable City standards. Public improvements must be located within the right-of-way or within a Public Improvements Easement as approved by the Director of Public Works.
12. Mayor and Council approval of the Project Plan does not constitute approval of the Grade Establishment for all proposed public roads. The Grade Establishment for proposed public roads A and B must be submitted for review with the initial Site Plan submission and must be approved prior to the Site Plan approval. The maximum slopes on public roads A and B and sidewalks within the rights-of-way of public roads A and B may not exceed 5.0% (4.8% to allow for construction tolerance) without prior approval from the Director of Public Works.
13. Applicant shall grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and grant Public Improvement Easements (PIE) adjacent to public rights-of-way for maintenance of public sidewalks as shown on the Project Plan and exhibits. Any deviation from the location of the PIE must be approved by the Director of Public Works at the Site Plan phase. The PAE and PIE must be reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any Public Works (PWK) permit.
14. The Applicant shall execute a Revocable License and Maintenance Agreement for the shared maintenance of Stormwater Management Facilities located within the public right-of-way. The agreement must be executed by the property owner and other parties of interest for review and approval by DPW and the Office of the City Attorney. The Revocable License and Maintenance Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records prior to DPW issuance of any SMP permit.
15. Applicant shall comply with the conditions of DPW’s Pre-Application Stormwater Management Concept Approval Letter dated February 20, 2024.
16. Applicant shall comply with the conditions of DPW’s Water and Sewer Authorization Approval Letter dated February 20, 2024.
17. Applicant must obtain all necessary approvals and/or permits for all access points and utility connections proposed on the Project Plan from all agencies with jurisdiction, including the City of Rockville.
18. Prior to the final approval of the Site Plan by the Planning Commission, Applicant must clearly identify all existing easements and restrictions on the Property and clarify whether the easements will remain or be extinguished upon the complete build-out of the Project Plan. Mayor and Council must authorize the termination of any existing easement that is dedicated to the City of Rockville. Any termination of an easement dedicated to the City must be reviewed and approved in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to issuance of any DPW permit. If required by the terms of any existing easement granted to an entity other than the City of Rockville, Applicant must submit plans for work within the easement to the Grantee for review. Any proposed development activity within an existing easement will require the permission of the Grantee or the extinguishment of the easement. Written permission must be obtained prior to the final approval of the Site Plan by the Planning Commission.
19. Applicant must construct all proposed dry utilities underground within Public Utility Easements (PUE) unless otherwise permitted to be located elsewhere by the Director of Public Works. At the Site Plan phase, the Applicant must submit a conceptual dry utility plan to be approved by both the utility companies and the Department of Public Works.
DPW - Traffic and Transportation
20. Before the approval of the site plan signature set, the applicant must obtain City approval of the signing and pavement marking plans. All internal traffic control devices (e.g., signs, markings, and devices placed on, over, or adjacent to a roadway or walkway) to regulate, warn, or guide pedestrians and/or vehicular traffic must comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).
21. Modifications to the traffic signal at the site’s entrance on Wootton Parkway will require the submittal of a traffic signal plan. Before the issuance of the public works permit, the traffic signal plan for this intersection must be approved by the City. Required improvements include new detection added to the span wire for the Street B approach, and new high-visibility crosswalks at the eastern and southern legs of the intersection.
22. Before the issuance of any occupancy permits, the applicant must pay the County’s Development Impact Tax, as applicable, subject to the credits allowed by Montgomery County. The applicant must submit a receipt of payment to the Inspection Services Division of the Department of Community Planning and Development Services and the Traffic and Transportation Division of Public Works.
23. The applicant must install light-emitting diode (LED) streetlight fixtures within the proposed development. The applicant must obtain City approval of all streetlight materials and locations of lights with the issuance of the public works permit. Before the issuance of the public works permit, all conduit and underground infrastructure must be specified according to the current Pepco and/or City standards and must receive conceptual approval by Pepco.
24. As part of the site plan review process, the applicant shall designate an area along Alley B, conveniently located near Alley D in order to co-locate refuse and recycling for the six units proposed along Alley D. This area must be able to accommodate at a minimum all necessary city approved bins for the six homes and shall be at least 100 sf in area. Furthermore, it must be written in the homeowners 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.
25. Prior to the issuance of an occupancy permit for the commercial building, the applicant shall provide the required short-term and long-term bicycle parking in accordance with the rates and standards specified in the Zoning Ordinance. Based on the proposed development shown on the submitted site plan, the use shall have 4 short-term spaces, and 2 long-term spaces.
26. The plan shows a dead-end Alley D. Approval of the project plan is contingent upon the Mayor and Council’s approval of a Road Code Waiver under Section 21-42 of Chapter 21 of the Rockville City Code for acceptance of a dead-end alley.
27. Prior to the issuance of any occupancy permit, the applicant shall install sharrow markings along the Hurley Avenue frontage in the northeastern travel lane adjacent to the property, as well as “Share the road” signage.
28. At the time of the approval of the site plan, the applicant must finalize the proposed sidewalk connections to the Rockshire Community Pool and coordinate with the church for a potential connection to the project site.
MPDU
29. The residential units constructed on the site must comply with the standards and requirements of the Rockville Moderately Priced Dwelling Unit Ordinance, Chapter 13.5 of the Rockville City Code and the implementing MPDU Regulations.
30. The applicant must provide 15% of the residential units as MPDUs, equivalent to 9 townhouse units.
31. The MPDUs must be income-tiered at three income bands ranging between 50%, 60%, and 80% of AMI.
32. The minimum square footage for an MPDU townhouse with 3 bedrooms, 2 baths and two-car garages must be at least 1,200 square feet.
33. Required parking spaces must each meet the minimum dimension as required by the City of Rockville.
34. The MPDUs should have exterior finishes that are indistinguishable from the market-rate units.
35. Before applying for any building permits, an MPDU Sale Offering Agreement must be approved by the Mayor and Council. To obtain a building permit, the applicant must submit to the Division of Inspection Services, with the application of a permit, a written MPDU agreement approved by the Mayor and Council that provides the required number of moderately priced dwelling units.
36. The HOA/Condo dues must not exceed 50% of the HOA/Condo dues of market-rate units.
37. Any revisions to MPDU unit locations will be subject to the approval of the Department of Housing and Community Development.
38. The Applicant must make HOA/Condo documents available for viewing at the sales office before the execution of any purchasing agreements.
39. The applicant must provide the list and location (site map) of all the MPDUs as shown on the approved plans.
Public Art
40. The Publicly Accessible Art in Private Development requirement applies to this project. Applicant must submit a concept plan with the submission of a site plan application.
41. Prior to issuance of a building permit, the applicant must complete and provide an application and required attachments including a final plan. The Publicly Accessible Art in Private Development application, implementation manual, and ordinance can be found here: <https://www.rockvillemd.gov/2081/Publicly-Accessible-Art>
Note: For attachments, please see the Public Hearing staff report.