Level 2 Site Plan STP2024-00465, Twinbrook Place, a request to convert an existing office building to multi-family residential use and add up-to three stories with up to 182 units, to include 15% Moderately Priced Dwelling Units (MPDU) at 12501 Ardennes Avenue in the MXE (Mixed-Use Employment) Zone.
Staff recommends approval of Level 2 Site Plan STP2024-00465 and the requested waiver necessary to convert an existing office building to a multi-family residential building, containing up to 182 units, with 15% Moderately Priced Dwelling Units and the addition of up-to three stories, subject to the findings and conditions outlined in the staff report.
Case: Twinbrook Place - Level 2 Site Plan STP2024-00465
Location: 12501 Ardennes Avenue
Staff: Kimia Zolfagharian, Principal Planner
Community Planning and Development Services
240.314.8224
kzolfagharian@gmail.com <mailto:kzolfagharian@gmail.com>
Applicants: Uniwest Development, LLC
Filing Date: September 6, 2023
Planning
Commission Date: April 24, 2024
Executive Summary
Uniwest Development, LLC (the “Applicant”) has filed a Level 2 Site Plan application to convert an existing office building to multi-family residential use and add up to three stories. The proposed multi-family residential building contains up to 182 units, including 15 percent Moderately Priced Dwelling Units (MPDUs) at 12501 Ardennes Avenue. In connection with this Site Plan application, the Applicant is seeking waivers from Sections 4.d.2(b) and (c) of the Landscaping, Screening and Lighting Manual requiring certain landscaping for the parking facility (see Attachment 12).
After a comprehensive review of the application, staff has found the application in compliance with all relevant city codes and policies (forest conservation, stormwater management, utility adequacy, and traffic and transportation). Based on the review, and as articulated in the proposed findings and recommended conditions, staff recommends approval of the site plan, including a waiver from the Landscaping, Screening and Lighting Manual related to certain landscaping requirements adjacent to parking facilities.
Alternative Development Proposal
As of the time that this staff report has been prepared, the applicant is also requesting an allowance for an alternative design for the proposed office to residential conversion that would result in the reduction of the unit total from a maximum of 182, eliminating the addition of up to three of the proposed new stories, and utilizing affordable housing tax credits. The alternative project proposal would not impact any of the ground level aspects of the project and will remain the same under either development scenario. The findings in this staff report include an analysis of the maximum requested number of units and proposed maximum building levels.
The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan and waiver, as outlined in Section 25.07.01.a.3(a) of the Zoning Ordinance.
Site Description
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Location: |
12501 Ardennes Avenue |
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Planning Area: |
Planning Area 9 - Rockville Pike |
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Land Use Designation: |
O - Office |
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Zoning District: |
MXE (Mixed-Use Employment) |
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Existing Use: |
150,000 square-foot (SF) office building, with surface and below grade parking structure |
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Proposed Use: |
Multi-family building containing up to 182 units and 10 levels. |
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Site Area: |
2.1 acres (91,223 square feet) |
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Building Height: |
120 feet maximum |
Surrounding Land Use and Zoning
|
Location |
Zoning |
Planned Land Use |
Existing Use |
|
North |
MXB Montgomery County’s CR1.5 C1.0 R 1.25 H.145 T |
RM - Residential Multiple Unit |
Multi-Family Residential |
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East |
CR 1.75 C 1.75 R 1.5 H-145 T |
OCRM - Office, Commercial and Residential Mix |
Office |
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South |
Montgomery County’s CR 2.0, C.1.5, R 2.0 H145 |
CRM - Commercial and Residential Mix |
Multi-Family Residential |
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West |
R-60 Single Unit Detached Dwelling, Residential, PD-TC |
RF - Residential Flexible |
Multi-Family Residential |
Site Analysis
The 2.1-acre subject property is located at the northwest corner of the intersection of Twinbrook Parkway and Ardennes Avenue. The site’s frontage along Twinbrook Parkway is approximately 227 feet and the Ardennes Avenue frontage is approximately 412 feet. The property is within the MXE Zone. A 9,624-square-foot forest conservation easement exists on site, it spans part of the existing building’s frontage on Ardennes Avenue. The property is located approximately 1,000 feet from the Twinbrook Metro Station.
The site is currently improved with a seven-story, 150,000-square-foot crescent-shaped office building constructed in 2009 that measures 86 feet in height. The building currently contains 387 below grade and 51 surface parking spaces built on a structure. Vehicular access to the site is provided at the northwest corner of the property via Ardennes Avenue, and the driveway leads to the surface parking on the west and northern side of the building, as well as the below grade parking. An egress driveway located on the northeast corner of the site allows for right turns onto Twinbrook Parkway. The site is mostly flat except for the change in grade where the forest conservation easement is located.
Since its construction in 2009, the applicant has been unsuccessful in fully leasing the building and attracting tenants has been a consistent challenge. The General Services Administration, which was the major tenant in the building, vacated in November 2022, and only one small tenant remains in the building.
Project Description
The Applicant proposes to convert the existing office building to a multi-family residential building and construct up to three additional stories for a total of up to 10 stories. The proposed multi-family building will consist of a maximum of 182 units, and 15% of the residential units, apartments, are proposed to be required by the city’s Moderately Priced Dwelling unit (“MPDU”) Ordinance. The construction of the three additional stories will add 47,950 square feet to the existing building, in addition to increasing the height of the existing building to a maximum of 120 feet.
As outlined previously, the applicant is requesting flexibility to implement an Alternative Development under the proposed request. This would provide the applicant with the option to construct less than the maximum requested 182 units and reducing or eliminating the proposed three additional stories. All other elements of the plan would remain the same.
With the addition of up to three stories, the applicant is also proposing the addition of Juliet balconies to the south and east facades of the building. The existing façade will be modified to include the application of synthetic wood over certain areas of the precast façade. The ground floor storefront entrance will be modified to suit a more residential design. Most of the built environment surrounding the existing office will remain, except for eight on-site parking spaces located along Ardennes Avenue that will be removed to increase the landscape buffer and pervious area.
Approximately 38.1% (34,758 square feet) of the subject property will remain as open space. This open space, of which 63.08% (21,926 square feet) will function as public use space, consists of forest conservation area, additional green areas surrounding the building and open area devoted to an art sculpture. A mulched walking path and two benches will be located within the forest conservation area to provide a functional outdoor space. Any such improvements will be subject to comply with the underlying requirements of the forest conservation easement.
The existing ingress/egress access to the property will remain, and the existing driveway will ensure that pick-up/drop-off activities associated with the residential use of the property will occur on-site and will not interfere with vehicular movements on the public streets. A total of 412 parking spaces will be provided, of which 369 spaces will be located within the subsurface parking structure, and 43 surface parking spaces, on structure, that will remain for visitors. A total of 15 of the existing below grade parking spaces to be converted into tenant storage and pet spa.
The application has been filed and processed as a Level 2 Site Plan, and accordingly the Planning Commission is the Approving Authority. The Commission must review the site plan and determine if it meets the requirements of the Zoning Ordinance, including the required findings for approval, as part of the decision to approve or deny the application.
Master Plan
This project falls within Planning Area 9 (Rockville Pike) of the Rockville 2040 Comprehensive Plan (“Plan”). The Land Use designation applied to the site is O - Office. The definition of Office in the Plan is that it “…is mapped where office or other employment generating uses, such as hotels, research & development, or laboratories, are preferred as the primary use. Commercial or other customer-serving uses are allowed as complements to the primary employment-generating use.” Staff find that the development proposal is compatible with the Plan. Additional details provided in the ‘Findings’ section of this report.
Traffic and Transportation
Staff has reviewed the request per the city’s Comprehensive Transportation Review (CTR). The CTR report was generated based on a total unit proposal of up to 210 units. As shown in the table below, the proposed multifamily residential building of up to 182 units will generate fewer peak hour trips than the vested trips associated with the existing office development:
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AM and PM Peak Hour Trip Generation Totals |
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|
AM Peak |
PM Peak |
|
|
IN |
OUT |
Total |
IN |
OUT |
Total |
|
Existing - General Office (150,000 S.F.) |
209 |
28 |
237 |
39 |
193 |
232 |
|
Proposed- Multifamily Residential (210 Units) |
24 |
43 |
67 |
40 |
21 |
61 |
|
Net New Trips |
-185 |
+15 |
-170 |
+1 |
-172 |
-171 |
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Note: Trip Generation rates per CTR are obtained from ITE Trip Generation Manual, 11th Edition. The total units that the Trip Generation is shown for is more than proposed. |
Per the requirements of the CTR, an on-site Transportation report was submitted and reviewed by staff since the projected net new vehicle trips is less than 30 vehicles per hour.
Access to the site will be via the existing 30-foot-wide full movement access along Ardennes Avenue and a right-turn exit only access along Twinbrook Parkway. The proposed plans do not include any modifications to these access driveways since staff find they would continue to provide sufficient access with the redevelopment of the site.
Vehicular, Pedestrian and Bicycle Circulation and Access
As for the frontage roadways, Twinbrook Parkway is a county owned and maintained four-lane roadway. The travel lanes are separated from an existing six-foot-wide sidewalk along the entire property frontage by a five to six feet wide landscaped buffer. Ardennes Avenue is a city owned two-lane roadway classified as Business District Street in the 2040 Comprehensive Plan. The street has a speed limit of 25 miles per hour. This section of Ardennes Avenue has parallel on-street parking and striped bicycle lanes on both sides. Currently a buffered five-foot-wide sidewalk is also provided. Since the approved standards for this type of road requires wider than a five-foot sidewalk, the applicant has agreed to provide additional four-foot-easement area along the subject property frontage for any future widening of the public sidewalk by the city, if deemed warranted.
Curb ramps are provided at the site driveways, and at the signalized intersection of Twinbrook Parkway with Ardennes Avenue. To bring the ramps for crossing both Twinbrook Parkway and Ardennes Avenue to full compliance with ADA-design criteria, staff has recommended and the applicant has agreed to replace the existing single-ramp crossing with a two-ramp crossing.
The existing onsite circulation includes a loading area and a convenient pick up and drop off area in proximity to the main building entrance.
Transit
The Twinbrook Metro station is the nearest transit station, located approximately 0.4 miles southwest of the site. The site is also served by Ride-on Routes 26, 44, and 45 with bus stops located along roadway frontages.
Bicycle Parking
Consistent with Sections 25.16.03 and 25.16.09 of the Zoning Ordinance and for the proposed redevelopment, a total of 5 short-term bike parking spaces near the front door, and 70 long-term parking spaces for residents will be provided in a bicycle storage room within the parking garage. Required signs will be posted at the main building entrance indicating the location of the long-term bicycle parking.
Vehicle Parking
Vehicle parking is provided in the existing below-grade parking structure. A total of 43 surface parking spaces (reduced from 51) will be provided for the benefit of visitors and will be screened by the existing 3-foot wall along the edge of the parking lot and existing trees. The Applicant will supplement the existing landscaping with shrubs and groundcover. A waiver from the perimeter and internal Parking Facility Landscaping requirements of the Landscaping, Screening and Lighting Manual is sought as part of this site plan.
Landscaping, Screening, and Lighting Manual Waiver Request
The applicant has applied to waive certain requirements of the Landscaping, Screening, and Lighting Manual. With the request, the applicant has submitted a letter of justification (Attachment 13). Staff supports the applicant’s request for waiver, based on the justification and findings articulated in the applicant’s justification.
The Applicant, pursuant to Section 4.d.3(c) of the Landscaping, Screening and Lighting Manual, seeks waivers from Sections 4.d.2(b) and (c) of the Manual requiring certain perimeter landscaping and internal landscaping for the surface parking lot. The Manual requires a seven-foot-wide landscaping strip planted with one shade tree and 15 shrubs for every 40 feet and a landscape berm, where possible. The internal landscaping requirements require 5 percent of the internal surface parking facility to be landscaped with shade trees. The Site Plan application involves a conversion of the existing building, with few changes to the site itself. The existing building includes a below grade parking garage over which the surface parking is located. The parking structure projects above grade along the northern and western property lines such that perimeter landscaping at the edge of the parking lot is not possible.
Since the applicant is converting an existing building and is proposing minimal changes to site, staff supports the request for a waiver.
In 2003, the property was annexed into the city, via annexation agreement ANX2000-00131 which identified restrictions on the height, floor area ratio (FAR), and lot coverage for new development in the O-1 Zone. Given the change to the base zone from O-1 to MXE since the project approval, and related increases to maximum height and removal of FAR limits, the aforementioned development restrictions of the Annexation Agreement are no longer applicable. The proposed development is subject to the base zone standards as modified by the initial development approval (Attachment 18).
In 2006, the Chief of Planning approved Use Permit Application USE2002-00642 for a 150,000 square foot office building on the site (Attachment 19).
In 2007, Final Record Plat PLT2007-00471 was approved to create Lot 5, Block E (the subject site) (see Attachment 20).
Public Notification and Engagement
Pursuant to Section 25.07.05 of the Zoning Ordinance, a Level 2 Site Plan requires that the applicant reach out to the neighborhood and conduct two public area meetings: a preapplication area meeting held during the pre-application process, and a post-application area meeting held following submittal of the site plan application. The Applicant has complied with both requirements including written and electronic notification. Their initial pre-application area meeting was held on February 22, 2023. A virtual post application area meeting was held on October 19, 2023, with a total of 15 attendees. The topics of discussion included whether the proposed building would be condominiums or rental apartments, the proposed mix of units, the anticipated timeline for construction, pedestrian connections, proposed changes to surface parking spaces, conversion of parking garage spaces, future third-party management of the project and the projected price-per-foot, as well as the proposed interior amenities.
Mailed notice for the Planning Commission meeting was sent two weeks in advance to property owners and residents located within 1,250 feet from the project, consistent with Section 25.07.03 of the Zoning Ordinance.
As of the date of this report, staff has received a letter from Samuel Shipkovitz, a resident of City of Rockville (Attachment 14). The letter, dated November 14, 2023, expresses opposition for the project. The testimony addresses concerns regarding a shortage in parking and opposition to a parking waiver request; however, the Applicant is not requesting a parking reduction waiver. Additionally, opposition of the conversion of the office building to residential is noted.
In accordance with Section 25.07.01.a.3(a) of the Zoning Ordinance, a site plan application that does not implement a project plan or a special exception, may be approved only if the applicable Approving Authority finds that the application will not:
(i) Adversely affect the health or safety of persons residing in or working in the neighborhood of the proposed development;
The Applicant worked closely with the city and the community to provide a development proposal that is both attractive and consistent with the surrounding neighborhood. The Applicant is proposing to convert an existing office building into a multi-family residential building and add three stories. Converting an existing building involves working with a significant number of existing conditions and the Applicant is proposing to transform the existing façade with the addition of wood and other design elements to the precast façade. The Applicant will utilize similar architectural design, materials, and features to multi-family buildings in the area. The surrounding site characteristics are proposed to be enhanced in a similar manner to other nearby developments.
Staff finds that the 182-residential-unit-development complies with all applicable ordinances and should not adversely affect the health or safety of persons residing or working in the neighborhood.
(ii) Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The project will convert an underutilized existing office building to a residential development that contributes to the city’s multi-family housing supply and that is within walking distance of the Twinbrook Metro. The Applicant will incorporate design into the project that is sympathetic to the surrounding neighborhood. The Applicant worked with staff to enhance the existing forest conservation easement area to create a public use space that activates the intersection of Twinbrook Parkway and Ardennes Avenue.
Staff finds that the project complies with all applicable ordinances that ensure protection of the public welfare as described in this report. The proposed development request involves improving the existing building by adding up to three stories, and minimal changes to the existing site. Due to this and the proposed change of use from office to multifamily residential, staff finds no evidence that the project is injurious to property or improvements in the neighborhood.
(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 (APFS).
Schools
The property is served by the Richard Montgomery Cluster Area (Twinbrook Elementary School, Julius West Middle School, and Richard Montgomery High School), and is located within an Infill School Impact Area. Using the corresponding Montgomery County Student Generation Rates, FY2023-2024, the proposed 182 multi-family unit development will generate the following number of students:
• 7 students at the elementary school grade level
• 3 students at the middle school level
• 3 students at the high school level.
The current school 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 180-seat capacity deficit in middle schools. The proposed development meets these standards for the elementary and middle school levels as shown in the table below. Although the table presents a percent utilization that is above the 120 threshold at the high school level, capacity is slated to be available due to the new Crown High School coming online in 2027-2028.
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School Test: Seat Deficit > 110 Seats (Elem.) or > 180 (Middle) and Percent Utilization >120% (Elem., Middle, and HS) = Moratorium |
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School Type (Richard Montgomery 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 |
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Twinbrook ES |
413 |
7 |
629 |
420 |
65.7% |
66.8% |
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Julius West MS |
1,351 |
3 |
1,432 |
1,354 |
94.3% |
94.5% |
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Richard Montgomery HS |
2,755 |
3 |
2,250 |
2,758 |
122.4% |
122.6% |
Water and Sewer
The Project is located within the Washington Suburban Sanitary District and immediately upstream of the city’s water and sewer system. In a letter dated February 8, 2024 (Attachment 15) the proposed development received Water and Sewer Authorization approval from the Department of Public Works (DPW) acknowledging the Washington Suburban Sanitary Commission (WSSC) Hydraulic Planning Analysis dated May 22, 2023, and permitting flows into the city’s sanitary sewer system. The Applicant proposes to reuse its existing water and sanitary sewer connections to WSSC public mains to serve the development. The Water and Sewer Authorization Approval Letter lists project specific conditions of approval.
Traffic and Transportation
A limited-scope On-Site Transportation Report was prepared in accordance with the city’s CTR requirements and was reviewed by Traffic and Transportation staff, since the proposed development, with consideration of all vested AM and PM peak trips for approved uses, is projected to generate less than 30 peak hour trips. The submitted on-site Transportation Report focused on the site access, on-site circulation, transit, pedestrian, and bicycle accessibility and accommodations and to ensure adequate transportation facilities exist during and after a development project is complete as required by the CTR.
Based on this review staff finds: (1) the proposed development of up to 210 multifamily residential units will not generate 30 or more new peak hour vehicle trips; (2) will not substantively alter or change vehicular traffic flow movements in and around the site; and (3) the application is not required to pay the CTR required Transportation Improvement Fee.
(iv) Adversely affect the natural resources or environment of the City or surrounding areas.
Stormwater Management
Stormwater Management (SWM) for this project will be provided by a monetary contribution in lieu of providing water quality volume, channel protection volume and water quantity management for the minimal new and replaced impervious areas associated with retrofitting the existing building. An existing underground SWM facility will remain in place and continue to provide onsite treatment.
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, Attachment 11) on March 22, 2024 (FTP2002-00001). The NRI/FSD delineated 0.2 acres of onsite forest. As of April 11, 2024, the city is undergoing a 2nd review of an amended Final Forest Conservation Plan (FFCP, Attachment 10). The original FFCP was approved on August 8, 2003.
Forest Conservation
The amended FFCP does not show any removal of forest. The applicant is not subject to any additional afforestation or reforestation under this amendment of the FFCP.
The original FFCP, fully met the applicable forest conservation requirements through the on-site retention of 0.21 acres of forest at the corner of Ardennes Avenue and Twinbrook Parkway, planting of individual on-site credit (8,000 sf) trees, as well as the payment of fee-in-lieu (equivalent to 23,800 sf) of planting into the city’s Forest Conservation and Park Maintenance Funds.
The amended FFCP fully complies with all elements of the original FFCP.
Significant Trees
The amended FFCP currently shows the removal of one significant tree on site, resulting in the replacement requirement of one tree per Chapter 10.5.
Street Trees
The amended FFCP currently does not show any removals or impacts to street trees.
Historic Resources
The property is not within a historic district and has no potential historic resources on site.
(v) Be in conflict with the Plan;
The proposed request is compliant with the city’s Comprehensive Plan. The application is located within Planning Area 9 - Rockville Pike. Several elements of the project application are in alignment with goals, policies, and actions outlined in Planning Area 9 chapter of the Comprehensive Plan. These compatibilities are:
• The Plan identifies the future land use of the parcel to be “office.” That said, the base zoning of MXE does allow for residential uses, and staff believe the shift of land use to residential is consistent with the surrounding fabric, as this parcel is the only parcel within Planning Area 9 designated as an office use; all other land is envisioned as mixed-use or residential.
• A key issue identified is the “concern over the changing environment of retail and office markets that could impact existing businesses and jobs,” (page 350). The applicant is proposing a switch in land use to address this concern.
• There are no recommendations within the Plan specific to the 12501 Ardennes Avenue property on its own.
The application is consistent with the Housing element of the Comprehensive Plan. The Housing element of the Plan calls to “identify potential opportunities for conversion of obsolete offices and hotels into residences,” (page 200) and to “allow new housing in locations where amenities and infrastructure already exist, and that are compatible with the existing neighborhood,” (page 200). The proposed project is consistent with both housing policy goals. Furthermore, the conversion of this property will result in 28 new Moderately Priced Dwelling Units (MDPU) for the city - expansion of the MDPU program is a major goal of the Plan.
The application is also consistent with the Land Use element of the Comprehensive Plan. The Land Use element is supportive of the conversion of buildings, as Policy 6 is to “anticipate and plan for land use change from commercial to residential uses” (page 26). Additionally, the Land Use element seeks to “continue to develop new walkable and bikeable, mixed-use activity centers on available land, primarily commercial sites deemed ready for conversion” (page 35). The proposed project is consistent with these land use goals.
The Comprehensive Plan recommends a series of land use designations and zoning changes in order to implement the policies within the document. Staff finds that the proposed land uses are consistent with this recommendation in the Comprehensive Plan.
(vi) Constitute a violation of any provision of the Zoning Ordinance or other applicable law;
Staff has reviewed the proposed development for compliance with the Zoning Ordinance and finds that the development proposal is consistent with applicable requirements.
|
MXE (Mixed-Use Employment) Development Standards (Sec 25.13.03) |
|
|
Maximum Height |
Building Setbacks |
Min. Public Use Space |
Min. Open Area |
|
|
|
Public Right-of-way Abutting |
Side |
Rear |
|
|
|
|
|
|
Residential Land Abutting |
Non-Residential Land Abutting |
Residential Land Abutting |
Non-Residential Land Abutting |
|
|
|
Allowed/ Required |
120 Feet |
Not Required. 10’ minimum if provided. |
25’ or height of building, whichever is greater |
Not Required. 10’ minimum if provided. |
25’ or height of building, whichever is greater |
Not Required. 10’ minimum if provided. |
5% |
20% |
|
Proposed |
120 feet |
15 feet |
N/A |
15 feet |
N/A |
15 feet |
24.03% |
38.10% |
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Parking (Sec 25.16.03.d) |
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Land Use |
Rate |
Metric |
Count |
Required |
Provided |
|
Residential Dwelling |
|
|
|
|
|
|
Multiple Unit Dwelling 0-1 BR |
1 |
Units |
105 |
105 |
43 Surface Parking Spaces: 41 Standard Spaces 2 Van Accessible Spaces |
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Multiple Unit Dwelling 2-BR or more |
1.5 |
Units |
77 |
116 |
369 Garage Parking Spaces: 361 Standard Spaces 2 Van-accessible spaces 6 Accessible spaces |
|
Residential Dwelling Total |
182 |
221 |
412 |
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Bicycle Parking Long Term Minimum (Sec.25.16.03.d) |
|
|
Metric |
Required |
Provided |
|
Multiple Unit Dwelling (182 units) |
1 per 3 units |
61 |
61 |
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TOTAL |
61 spaces |
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Bicycle Parking Short Term Minimum (Sec.25.16.03) |
|
|
Metric |
Required |
Provided |
|
Multiple Unit Dwelling (182 units) |
1 per 50 units |
4 |
4 |
|
TOTAL |
4 spaces |
All other development standards, including building height, open area, and public use space requirements are met through the proposed site plan. The Zoning Ordinance requires 20% open area and 5% public use space in the MXE Zone. The Applicant is allocating sufficient space to comply with these requirements in prominent, publicly accessible locations. The proposed land uses are consistent with the uses identified in the land use table in the Zoning Ordinance for the MXE zone and are also consistent with the Plan.
The project does not propose the violation of any provision of the Zoning Ordinance or other applicable law. As described, the project meets or exceeds the development standards for the MXE Zone. Parking, lighting, open space, and landscaping for the project are all in accord with the city’s requirements, as illustrated by the attached plans.
Moderately Priced Dwelling Units (MPDU)
The proposed multi-family building will consist of up to 182 units, and fifteen percent of the residential units, 28) apartments, are proposed to be required by the city’s Moderately Priced Dwelling unit (“MPDU”) Ordinance.
Open Area and Public Use Space
The project exceeds the requirements for open area. Per the Zoning Ordinance, properties zoned MXE are required to provide a minimum of 20% of the development as open area. For this application, 18,245 square feet is the minimum requirement; however, the proposal provides 38.1%, or 34,758 square feet of open area. The open area is mainly concentrated along the boundaries of the site, acting as a landscape buffer between the existing site and adjacent properties.
The Zoning Ordinance requires a minimum of 5% public use space, and the project contains 24%.
(vii) Be incompatible with the surrounding uses or properties.
The development is compatible with and will complement the surrounding uses and properties by providing more residential units within walking distance of the Twinbrook Metro Station. The MXE Zone is intended for areas that are either currently developed or are recommended for development primarily for office, light industrial, industrial park, and similar employment-generating uses, this zone also allows for medium to high density development of office, retail, and residential uses. The project is surrounded by office buildings and medium density residential multifamily buildings and provides a good balance between the mix of commercial uses to the East in Montgomery County and the single-family detached neighborhoods farther west on Ardennes Avenue.
Alternative Development Analysis
The applicant is requesting an allowance for an alternative design that would result in the reduction of the unit total from a maximum of 182, eliminating the addition of up to three stories, and utilizing affordable housing tax credits. The alternative project proposal would not impact any of the ground level aspects of the project and will remain the same under either development scenario. The findings analyze the impact of the proposed maximum number of units, building height, and building levels. Since the requested alternative does not include an increase in intensity of the site and the change of use request remains the same, staff finds that the Alternative Development proposal meets all the findings necessary, subject to the proposed development conditions. Should the project proceed under this alternative, the plans and associated tables should be updated as needed prior to the final site plan signature set to accurately reflect the development.
Staff recommends that the Planning Commission approve Level 2 Site Plan Application STP2024-00465, including the alternative development proposal that would eliminate the building addition. Staff also recommends the Planning Commission approve the request for Waivers from Sections 4.d.2(b) and (c) of the Landscaping, Screening and Lighting Manual requiring certain landscaping for the parking facility.
The proposal is compliant with all applicable codes and regulations and meets the findings necessary to approve the project. Staff’s recommendation of approval is subject to the following conditions.
Conditions
Staff recommends approval of the application, including the alternative development proposal, subject to the following conditions:
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 site plan signature set.
2. The applicant shall sign and return the approval letter prior to finalizing the site plan signature set. The approval letter shall be included in the stamped approved signature set.
3. The construction must meet the requirements of the City of Rockville building, fire, and life safety codes, as well as all applicable accessibility requirements of the State of Maryland and the Americans with Disabilities Act of the Federal Government.
Forestry
4. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of an Amended Final Forest Conservation Plan (Final FCP) and a landscape plan. The applicant may submit these plans with the site plan signature set.
5. The Amended Final FCP must be consistent with its approval letter. In addition to compliance with applicable codes, the Amended Final FCP must meet the following requirements, unless modified by the City Forester:
a. Ensure that tree plantings meet the following minimum spacing requirements:
1. shade trees spaced 20 feet apart;
2. evergreens and ornamental trees spaced 15 feet apart;
3. all trees must be 10 feet from wet and dry utilities, except when under streets;
4. all trees must be 15 feet from streetlights and driveways;
5. all trees must be 10 feet from inlets;
6. shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
7. street trees may be planted atop stormwater conveyance pipes with a minimum 4 feet of cover and immediately behind curb.
b. Trees planted to meet FTPO requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).
c. Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.
6. Before Amended Final FCP approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester.
7. Before planting new trees within existing green space or where pavement was previously located, the applicant must perform soil augmentation as required per the city’s FTPO notes prior to installation of new trees within existing green space or where pavement was previously located. The current ordinance notes at the time of Final FCP submission shall be included on the Amended Final FCP.
8. Before planting new trees, the applicant must show the areas of soil removal and replacement.
9. All submitted plans must use current city tree tables, FTPO notes and details.
10. Plans must not contain overwrites and must be prepared per the general structure/requirements for forest conservation plans.
11. Before pruning or cutting any trees within the right-of-way, the applicant must obtain and submit to the city Forester an MDNR Roadside Tree Permit for the work.
12. Any significant modification or revision to the approved Amended Final FCP must be consistent with the Site Plan and submitted to the City Forester for review and approval.
13. Before the issuance of any sediment control permit or building permit, the applicant must obtain a forestry permit. Before the issuance of the forestry permit, the applicant must:
a. submit the FTP permit application and fee;
b. obtain approval of an amended Final FCP;
c. pay to the city any approved fee-in-lieu consistent with the requirements of the FTPO;
d. execute a five-year warranty and maintenance agreement in a form acceptable to the city;
e. post a bond or letter of credit approved by the city for eligible forestry improvements per the FTPO;
f. execute and record a forest conservation easement in a form acceptable to the city, unless otherwise satisfied; and
g. if required by staff, submit a non-native invasive management plan for review and approval by city staff.
Fire
14. The signature set must show the location of the FDC/hydrant as per Sheet SP-4 of the plan titled “Site Plan , Twinbrook Place, 12501 Ardennes Ave, Lot 5, Block E, Fire Protection Site Plan” dated March 1, 2024, prepared by Soltesz, Inc. (see Attachment 6).
Engineering
15. Provide Stormwater Management (SWM) for all new and replacement impervious area as required by Chapter 19 of the Rockville City Code, entitled "Sediment Control and Stormwater Management" if the development creates or replaces 250 square feet or more of impervious area, or if the project involves 5,000 square feet or more of disturbed area. Applicant must submit a SWM application, minimum plan review fee and a sketch delineating and quantifying the new and replacement impervious area within the project's limit of disturbance. Monetary Contributions must be paid prior to issuance of a building permit.
16. A Public Works permit (PWK) shall be required per Chapter 21 of the Rockville City Code to construct, excavate, drill, connect to, install, or plant any public improvement of a permanent or temporary nature in the city right-of-way or easement as shown on the site plan. The Applicant must post sureties for work within the public right-of-way based on the approved construction estimate and in a form approved by the Office of the City Attorney. Approval of sureties is coordinated through DPW staff. Sureties for all public infrastructure must be submitted and approved prior to permit issuance.
17. Applicant must grant a 4-foot wide Public Improvement Easement (PIE) adjacent to the Ardennes Avenue public right-of-way for future construction and maintenance of public sidewalks. The 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 PWK permit.
18. PWK permits must be issued for public infrastructure prior to the issuance of any building permits.
19. The Applicant shall comply with all conditions of the WSSC HPA Letter of Findings dated May 22, 2023.
20. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated February 8, 2024.
21. The Applicant must obtain all required permits from any agencies and jurisdictions, including Montgomery County, as applicable and for any work within their easements or public right-of-way.
Traffic and Transportation
22. Prior to the issuance of any occupancy permits, the recommended curb ramp construction at the intersection of Twinbrook Parkway with Ardennes Avenue would not be required from the applicant if the said improvement is already permitted for construction.
23. Prior to 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 the Department of Public Works.
Housing
24. Residential units constructed on this site must comply with the standards and requirements of the Rockville Moderately Priced Dwelling Unit ordinance, Chapter 13.5 of the Rockville City Code.
25. The MPDUs must be indistinguishable from the market rate units.
26. The MPDUs must be income-tiered at three income bands-50%, 60% and 80% of AMI.
27. The applicant must provide the list of all the MPDU units and site plan before submitting the MPDU Rental Offering Agreement to the Housing Department.
28. Before applying for any building permits, an MPDU Rental Offering Agreement must be approved and MPDU Declaration of Covenants and Restrictions must be recorded in a form approved by the Mayor and Council and the Office of the City Attorney.
29. Any revisions to MPDU units’ locations will be subject to the approval of the Department of Housing and Community Development.
30. If the applicant pursues an option that involves not adding three stories and proposes utilizing affordable housing tax credits, the LIHTC compliance requirements will take precedence over MPDU requirements for the LIHTC period that may be for 15 years. The applicant must work with staff in the Housing and Community Development department.
31. If the applicant will be proposing more than 50 Units to satisfy the City’s 99-year control period set forth in the MPDU Chapter 13.5, the developer must execute and record an extended affordability agreement, namely a Low-Income Housing Tax Credit Covenant, with the Maryland Department of Housing and Community Development. The extended affordability agreement will extend the normal term of the affordability agreement by the remaining years for a total MPDU compliance period of 99 years. The normal 15-years LIHTC compliance period and the execution of the extended affordability agreement will sufficiently meet the City’s MPDU Ordinance requirements.
Publicly Accessible Art in Private Development
32. Prior to issuance of any building permit, the Applicant must submit to staff for approval a final plan and a complete application for the Publicly Accessible Art in Private Development requirement. Artworks that contain a foundation, lighting, wiring, or the like and/or artworks in the right of way or blocking a route, etc. may require additional city staff review and approvals. It is the responsibility of the applicant to determine additional reviews and approvals that may be required for any art.
33. In the event the applicant proceeds with the proposed alternative of maintaining the existing height of the building, the Public Accessible Art Requirement would not be applicable.