Major Site Plan Amendment STP2024-00489, a request to amend condition 6 of approved Level 2 Site Plan Application STP2020-00393.
Staff recommends approval of Major Site Plan Amendment STP2024-00489, subject to the findings and conditions outlined in the staff report.
Case: Major Site Plan Amendment STP2024-00489
Location: 2 Choke Cherry Road
Staff: Kimia Zolfagharian, Principal Planner
Community Planning and Development Services
240.314.8224
kzolfagharian@gmail.com <mailto:kzolfagharian@gmail.com>
Applicants: BXP Shady Grove Lot 5 LLC, BXP Shady Grove Lot 6 LLC, BXP Shady Grove Lot 8 LLC
Filing Date: April 22, 2024
Planning
Commission Date: June 26, 2024
BXP Shady Grove Lot 5 LLC, BXP Shady Grove Lot 6 LLC, BXP Shady Grove Lot 8 LLC (the “Applicants”) have filed a Major Site Plan Amendment application to modify condition 6 of the approved Level 2 Site Plan STP2020-00393. The approved site plan allows 136 townhomes and associated public and private amenities as Phase I of the Shady Grove Innovation District project plan (PJT2017-00007).
After a comprehensive review of the application, staff has found the application to be 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 amendment.
The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan, as outlined in Section 25.07.01.a.3(a) of the Zoning Ordinance, for major site plan amendments.
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Location: |
2 Choke Cherry Road |
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Planning Area: |
Planning Area 16 - King Farm & Piccard Drive |
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Land Use Designation: |
OCRM - Office, Commercial and Residential Mix |
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Zoning District: |
MXE (Mixed-Use Employment) |
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Approved Use: |
136 townhouse units |
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Site Area: |
7.03 acres |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXE |
Restricted Industrial/Office Park |
Office Use |
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East |
PD-KF |
Planning Development (PD) |
King Farm PD single family and townhomes |
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South |
PD-UR |
Restricted Industrial/Office Park |
Upper Rock PD Apartment and Grocery Store |
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West |
City of Gaithersburg |
City of Gaithersburg |
Retail Center |
Site Analysis
The 7.03-acre subject property is part of the overall site included in STP2020-00393, is 31 acres in size and includes parts of four parcels located along Shady Grove Road between Gaither Road and Choke Cherry Road: 15825 Shady Grove Road, 2092 - 2098 Gaither Road, and 2 - 4 Choke Cherry Road. Zoned MXE (Mixed Use Employment), the property includes office buildings and surface parking lots developed in the 1960s and 1970s. The property is across the street from the Home Depot shopping center in Gaithersburg and directly abuts both the King Farm Planned Development to the east and the Upper Rock Planned Development to the south. The Phase being reviewed as part of this application is 11.5 acres in size and located within the southernmost quarter of the site adjacent to Choke Cherry Road and the King Farm
Planned Development.
The Applicant proposes to modify condition 6 of the approved Level 2 Site Plan STP2020-00393 regarding the timing of the conveyance to the City of a public park that the applicant, or a subsequent property owner, must construct as part of the Phase One development.
The entire Shady Grove Innovation District property is approved, pursuant to Project Plan PJT2017-00007 for mixed-use development in multiple phases, for up to 1,336 multi-family units, 330 townhouse units, and 560,000 square feet of commercial development in multiple phases. The Level 2 Site Plan for Phase One was approved with conditions by the Planning Commission by letter dated April 10, 2020 (see STP2020-00393, Planning Commission Approval Letter). The project is proceeding as approved, and no changes to the site layout or plan are proposed with this request, although the property is now owned and being developed by a different property owner than the owner at the time of site plan approval. In planning for subsequent permit approvals, the applicant noted conflicting language within condition 6 of the site plan.
Condition 6 of the Approval Letter provides:
6. Prior to release of the first building permit, the applicant must post a bond, in a form acceptable to the City, that covers the completion of all improvements to the phase one park area. The bond shall be released upon the satisfactory completion of the required improvements to the phase one park area, as determined by the City. All improvements to the phase one park area must be completed to the satisfaction of the City within four (4) years of the release of the first building permit. Prior to issuance of the first occupancy permit, and contingent on the City’s determination that all improvements to the phase one park area are complete, the applicant must convey the phase one park area to the City in fee simple. If the phase one park area is conveyed to the City prior to the end of the five-year warranty period for the Forest Conservation Plan plantings, the applicant will remain obligated to ensure the survival and replacement, if necessary, of all Forest Conservation Plan plantings within the phase one park area for the full five-year warranty period. (Emphasis added)
The applicant noted that timing of conveyance of the Phase One Park as stated in the fourth sentence of existing Condition 6 (highlighted in bold) is impractical given the industry-standard construction sequencing that will be employed in the construction of the townhouse units. Specifically, the stormwater management pond must be constructed before the Phase One Park is completed to avoid damage to the park improvements that would occur if the stormwater management pond were constructed after the Phase One Park. The stormwater management pond will first be used as a sediment control basin and, therefore, the stormwater management pond cannot be established until the sediment control basin is no longer needed. The sediment control basin will no longer be needed once land disturbance associated with Phase One development is substantially complete; the land has been stabilized; and other, localized sediment control measures are in place. This will not occur until after the first townhouse occupancy permit has been issued, which conflicts with Condition 6 as currently written.
The applicant requests that Condition 6 be amended as follows:
6. Prior to release of the first building permit, the applicant must post a bond, in a form acceptable to the City, that covers the completion of all improvements to the phase one park area. The bond shall be released upon the satisfactory completion of the required improvements to the phase one park area, as determined by the City. All improvements to the phase one park area must be completed to the satisfaction of the City within four (4) years of the release of the first building permit. Prior to issuance of the 100th occupancy permit, and contingent on the City’s determination that all improvements to the phase one park area are complete as well as the timely inspection and acceptance thereof, the applicant must convey the phase one park area to the City in fee simple. If the phase one park area is conveyed to the City prior to the end of the five-year warranty period for the Forest Conservation Plan plantings, the applicant will remain obligated to ensure the survival and replacement, if necessary, of all Forest Conservation Plan plantings within the phase one park area for the full five-year warranty period.
(Emphasis added; new text underlined for ease of review)
The requested change to the timing of conveyance of the Phase One Park will allow the applicant, or subsequent Property Owner, to complete site development work, including conversion of the temporary sediment control basin to a regional stormwater management pond (RSWMP), which is a prerequisite to completion of the Phase One Park.
The application has been filed and processed as a Major Site Plan Amendment. Per Section 25.05.07.d of the Zoning Ordinance, the original Approving Authority for a Major Amendment is the Approving Authority that approved the site plan application. 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.
The staff report and findings for approved Level 2 Site Plan STP2020-00393 included the analysis of the Master Plan Compliance, Infrastructure/Adequate Public Facilities Standards (AFPS), Transportation and Circulation, Historic Resources, Environment, Forestry, Zoning Ordinance Compliance, Public Parkland, Public Use Space and Open Area, Subdivision Regulations, Moderately Price Dwelling Unit (MPDU) Ordinance, and Parking (see the March 11, 2020 Planning Commission Agenda <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_03112020-5840>). The proposed change to condition #6 does not impact this analysis.
On January 20, 2017, Lantian/1788/Shady Grove 31, LLS filed Project Plan application PJT2017-00007, proposing up to 1,336 multi-unit dwellings, up to 330 townhouses, up to 390,000 square feet of office, hotel, or institutional uses, and up to 170,000 square feet of retail uses on approximately 31 acres of property located at 15825 Shady Grove Road, 2092-2098 Gaither Road, and 2-4 Choke Cherry Road. On April 29, 2019, the Mayor and Council <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4015&meta_id=101342> approved this application via adoption of Resolution No. 7B-19.
On March 11, 2020 the Planning Commission <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4151> approved Level 2 Site Plan STP2020-00393 for the first phase of the approved project plan consisting of 136 townhouse units, the construction of a one-acre park area, and a stormwater retention pond.
Public Notification and Engagement
The staff report for STP2020-00393 (March 11, 2020 Planning Commission Agenda <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_03112020-5840>) details the public notification conducted for the project previously.
For this application, 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.
In accordance with Section 25.07.01.a.3(b) of the Zoning Ordinance, a site plan application that implements a project plan may be approved only if the applicable Approving Authority finds that the application will not:
(i) Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The Applicant worked closely with the city to provide alternative language for the proposed modification to condition no. 6 of the approval letter for Site Plan STP2020-00393. The proposed new condition intends to address the timing of the conveyance to the city of a public park that the applicant must construct at part of the Phase One development. The new language allows for the future park area to be used for sediment control during development while still ensuring that the park area is conveyed to the City in a timely manner. Since the nature of the overall proposed site plan and other site elements are not changing, staff does not find this request to be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(ii) Constitute a violation of any provision of this chapter or other applicable law;
The requested change to condition no. 6 of the site plan approval letter for STP2020-00393 does not conflict with any Zoning Ordinance provisions, or any other applicable law.
(iii) Be incompatible with the surrounding uses or properties.
The proposed change to condition no. 6 does not involve changing the use of the property, or any of the major components of the approved site plan. The change in condition only pertains to the timeline of the construction of Phase One of the approved site plan.
In addition, staff finds that the original findings made by the Planning Commission for Site Plan STP2017-00399 remain valid and are not impacted by approval of the change to condition no. 6.
Staff recommends that the Planning Commission approve Major Site Plan Amendment Application STP2024-00489 to amend condition 6 of the approved Level 2 Site Plan STP2020-00393.
The proposal is compliant with all applicable codes and regulations and meets the findings necessary to approve the project.
Conditions
Staff recommends approval of the major amendment, subject to the original conditions as approved under STP2020-00393, with the exception of the change to condition no. 6 to read as follows:
Planning and Zoning
6. Prior to release of the first building permit, the applicant must post a bond, in a form acceptable to the City, that covers the completion of all improvements to the phase one park area. The bond shall be released upon the satisfactory completion of the required improvements to the phase one park area, as determined by the City. All improvements to the phase one park area must be completed to the satisfaction of the City within four (4) years of the release of the first building permit. Prior to issuance of the 100th occupancy permit, and contingent on the City’s determination that all improvements to the phase one park area are complete as well as the timely inspection and acceptance thereof, the applicant must convey the phase one park area to the City in fee simple. If the phase one park area is conveyed to the City prior to the end of the five-year warranty period for the Forest Conservation Plan plantings, the applicant will remain obligated to ensure the survival and replacement, if necessary, of all Forest Conservation Plan plantings within the phase one park area for the full five-year warranty period.