Subject
title
Discussion and Instruction on Project Plan Application PJT2023-00016, an Amendment to the Planned Development for Champion Billiards to Permit Construction of a 4,400 square foot commercial building at 900 Rockville Pike in the PD-CB (Planned Development - Champion Billiards) Zone; J. Danshes, LLC, Applicant.
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Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council discuss the project plan application and provide direction to staff so the resolution can be prepared.
Change in Law or Policy
None.
Background
This project plan amendment has been in the review process for several years due to a variety of reasons including a dispute with an adjacent property owner about the location of an access easement to serve this site. Because the access easement is a significant matter, a large portion of this report provides an extensive history of the matter and the staff’s review and evaluation of the easement as it relates to developing the property to meet Rockville’s requirements. This proposed amendment is before you because the applicant has addressed the staff’s comments and provided the information needed for review and a decision by the Mayor and Council.
Discussion
Project Description
The Applicant proposes to amend the Champion Billiards Planned Development (PD) to allow for the development of 4,400 square feet of retail with ancillary surface parking in lieu of the approved development of a retail store for furniture. The total height of the proposed building is approximately 27 feet. The building is oriented towards Rockville Pike and Edmonston Drive, with the surface parking located to the south of the building. Access to the development would be shared with the property to the south via a recorded public access easement (“access easement”) connecting to Rockville Pike/MD 355. See the “PJT Plan Set,” “Application,” and Statement of Justification” attachments for details.
Approximately 33% (or 6,500 square feet) of the subject property would remain as open space, of which 15.4% (or 2,984 square feet) would function as public use space.
The owner of the adjacent property has and continues to dispute the location of the access easement on the adjacent property. City staff has evaluated historical records and has concluded that, regardless of its exact location, drivers visiting the subject property can reach the site from the recorded public access easement, which can be accessed from multiple curb cuts south of the subject site. Consistent with the required finding the access configuration as shown on the submitted plan provides required and needed access to 900 Rockville Pike and the proposed development and complies with City regulations and the terms of the access easement.
Previous Related Actions
• Preliminary Development Plan Application PDP2006-00011 was approved by the Mayor and Council on October 23, 2006, by Resolution No. 14-06. The site was authorized for 12,574 square feet of furniture/retail sales in a two-story building with sole access from the service drive public access easement to the south. The adopted resolution is included as the “Champion Billiards PD Resolution No. 14-06” attachment.
• Use Permit Application USE2006-00702 was approved by the Planning Commission on July 25, 2008. This permit authorized the development approved by PDP2006-00011 and preliminarily approved a Final Record Lot Plat. A condition of this approval required the establishment of an 18-foot public access easement on the subject property.
o The property owners to the south appealed the decision due to the proposed and approved sole access to the site from the service drive public access easement across their property. The Maryland Court of Special Appeals affirmed that the access easement granted the public the right to cross the property to the south to enter and exit the subject property, but remanded the approval for the Planning Commission to make more substantial findings supporting its conclusion that the proposed use of the subject property would not be injurious to property or improvements in the neighborhood.
o A revised Planning Commission decision for USE2006-00702 was issued on October 25, 2011, with additional findings in support of the proposed access. This approval has since expired.
• Project Plan Application PJT2018-00015 requested a modification to the 2006 Planned Development to construct a 6,984-sf building (including 6,084 sf retail and 900 sf office) and associated parking. The Planning Commission recommended approval of the application. After multiple briefings and hearings, the Mayor and Council requested that City staff and the Applicant work with the Maryland Department of Transportation State Highway Administration (MDOT SHA) and Montgomery County Bus Rapid Transit (BRT) project teams to determine the appropriate amount of right-of-way dedication along Rockville Pike.
o Because the proposed development changed significantly during those discussions due to the additional right-of-way dedication required to accommodate the BRT alignment and bicycle and pedestrian infrastructure, the Applicant withdrew the application and submitted the current application in its place.
o The property owners to the south submitted testimony in opposition to the proposed development, including a memo prepared by Miles and Stockbridge. This memo has been resubmitted by Mr. Whalen as part of the record for his application.
Project Analysis
Master Plan
The City of Rockville’s Comprehensive Plan, Rockville 2040 <https://www.rockvillemd.gov/200/Comprehensive-Plans> (“the 2040 Plan”) includes goals, policies, and actions that support the development of this area. The application is located within Planning Area 9 (Rockville Pike). As detailed in the Findings below, the proposed development is consistent with the 2040 Plan.
Rockville Pike Neighborhood Plan
The 2016 Rockville Pike Neighborhood Plan <https://www.rockvillemd.gov/DocumentCenter/View/16716/Rockville-Pike-Plan-2016?bidId=> (“Pike Plan”), which is part of the Comprehensive
The plan contains goals, policies, and actions specific to Planning Area 9. As detailed in the findings below, the proposed development is consistent with the Rockville Pike Neighborhood Plan.
Traffic and Transportation Review
The following provides a review of and analysis related to, the proposed development.
Site Analysis:
The Project Plan site consists of one parcel which is 0.59 acres in area. The property lies within the PD-CB (Planned Development - Champion Billiards) Zone, has an equivalent zone of MXCD (Mixed-Use Commercial District), and is subject to the Champion Billiards Planned Development governing documents. The property is located at the southeastern corner of Edmonston Drive and Rockville Pike/MD-355 intersection.
The site is currently vacant. Development of the site was approved in 2006 and 2008 with sole access from the access easement to the south but was never built. The site was previously occupied by a gas station. See the memo prepared by Jody S. Kline of Miller, Miller & Canby and included as the “Easement History Memo - Applicant dated November 20, 2023” and the memo prepared by the City and included as “Easement History Memo - City dated December 26, 2023” for more information about the existing public access easement.
Access and Circulation:
• Passenger Vehicle: Site access has been revised since the initial approvals in 2006 and 2008. The Edmonston Drive access at the north end of the site was closed at some point between 2009 and 2012, likely as part of an MDOT SHA project as this area of Edmonston Drive is within the SHA right-of-way. The plan shows the proposed development will be served by an existing limited access driveway (right-in and right-out only) located on the property at 1010 Rockville Pike and accessing MD-355 via a recorded public access easement. See additional discussion regarding the easement below. This access will continue to operate as a stop-controlled driveway. Vehicles going to and from the site can access MD 355 using this access point.
• Heavy Vehicle (Trucks): The largest vehicle that will access the site is a solid waste and recycling truck. The Applicant has provided exhibits verifying that SU-30 solid waste and recycling trucks will be able to access the site from any of the three access driveways connecting MD 355 to the existing service drive. The applicant has also provided a 30-ft loading space on site. All deliveries will occur on-site on an as-needed basis. As shown on Sheet EX-1, fire access will be provided from the adjacent rights-of-way and will not require fire trucks to access the site.
To ensure that truck access is limited to the SU-30 trucks shown in the exhibits and able to be accommodated on-site, staff has proposed a condition limiting site access to SU-30 trucks or smaller. Conditions limiting the types or frequency of vehicle trips to a property are commonly applied to approvals for Special Exceptions. Enforcement of these conditions is typically complaint-based; if the City receives a complaint that the condition is not being met, zoning enforcement action can be initiated.
• Pedestrian Access: A sidewalk currently exists along the Edmonston Drive frontage, and a portion of this sidewalk will be reconstructed with the development. A five-foot sidewalk currently exists on the east side of Rockville Pike and will be reconstructed and widened with the development. The applicant proposes to construct a seven-foot pedestrian walkway (sidewalk) along the subject property frontage with Rockville Pike and within the proposed 93-foot build-to line measured from the existing right-of-way centerline of Rockville Pike. This will accommodate pedestrian movements as envisioned by the 2016 Rockville Pike Neighborhood Plan, the 2017 Bikeway Master Plan, and the 2023 Pedestrian Master Plan.
• Bikeways: Per the 2017 Bikeway Master Plan and field verification, there are no existing bicycle facilities along the project frontages. In addition to the proposed new sidewalk, the applicant also proposes to construct an eight-foot bicycle path along the subject property frontage with Rockville Pike, south of the seven-foot pedestrian walkway and within the proposed 93-foot build-to line measured from the existing right-of-way centerline of Rockville Pike. This will accommodate bicycle movements as envisioned by the 2016 Rockville Pike Neighborhood Plan and the 2017 Bikeway Master Plan.
• Transit Access: There are currently two Ride-On bus routes on Rockville Pike (46 and 101) and one Ride-On bus route (44) on Edmonston Drive that serve the subject property. The nearest bus stops are near the intersection of Rockville Pike and Edmonston Drive. A BRT stop is proposed at the intersection of Edmonston Drive and Rockville Pike and will serve the development when completed.
• Public Access Easement: The Applicant and the property owner to the south, Jim Whalen of Edmonston Properties LLC and Investment Properties, Inc., dispute the location of the public access easement across the property to the south, specifically, whether the easement connects to the right of way for MD 355 at the northernmost curb cut on the property to the south, which is the curb cut closest to the subject property. Mr. Whalen argues that a narrow strip of private property separates the public right of way from the public access easement at the northernmost curb cut, granting him the right to exclude visitors to the subject property from using that curb cut. Neither party has claimed that the access easement does not connect to the MD 355 right of way at the access points further south on the southern property. In light of the dispute over the location of the easement at the northernmost curb cut on the property south of the subject property, staff has reviewed the public record and the information submitted by the Applicant and Mr. Whalen to understand the history and location of the easement.
In order to develop a recommendation and findings for the Planning Commission’s and Mayor and Council’s consideration, staff has conducted an extensive review of the development application; the approval history of the subject site, the Courthouse Plaza/Edmonston Crossing site, and what is now the Taco Bell site at Lot 2 of the Rockville Center subdivision; historic Master/Comprehensive Plans; historic Zoning Ordinances; Applicant materials (including the Easement History Memo - Applicant dated November 20, 2023 and the Traffic Engineer Memo dated December 19, 2023); and materials submitted by Jim Whalen of Investment Properties, Inc. on behalf of Edmonston Properties LLC.
Based on this review, the staff concludes that:
• Recording of the right-of-way and public access easement and platted public access easement south of the subject site was required as a condition of Final Record Plat approval in 1969 (USE1969-00460).
• The easement is intended to provide access to the site at 900 Rockville Pike.
• The easement is to be available for public ingress and egress at all times.
• The easement is 25 feet in width.
• The easement runs roughly parallel to Rockville Pike.
• The easement connects to the Rockville Pike/MD-355 right-of-way at several points.
• The locations of the easement and the platted service drive were revised by USE1980-00193 and Plat No. 14030.
• The City of Rockville has twice approved the development of the 900 Rockville Pike site with sole access from the recorded public access easement to the south and adopted findings that make clear that sole access to the site can be provided by the easement, and that the easement can be accessed at numerous locations along its length, including the northernmost access point.
Based on information in the City’s records, staff believes providing access to the 900 Rockville Pike site is, in fact, an express purpose of the public access easement and the easement can be safely accessed by vehicles from multiple existing access points along MD-355. Therefore, the proposed access is deemed acceptable and in compliance with the CTR access requirements, the Rockville Pike Neighborhood Plan, and the City’s zoning regulations.
Easement History
The subject property at 900 Rockville Pike currently has one curb cut within the right-turn lane on Rockville Pike; the curb cut on Edmonston Dr was closed at some point between 2009 and 2012. There is no driveway connected to the curb cut, and the use of that entrance has been blocked by a chain since at least 2015. The Maryland SHA has consistently indicated that they do not recommend the use of the existing curb cut on Rockville Pike as it is against SHA policy to allow access to properties from auxiliary lanes. As a result, access is proposed from a recorded right-of-way and public access easement (“easement”) that abuts the property to the south.
As described in the memo included as the “Easement History Memo - City dated December 26, 2023” attachment, the recording of the easement on the adjacent 1010 Rockville Pike site was a condition of approval of Use Permit USE1969-00460. The approved use permit required a replat of what was then known as the Courthouse Plaza site to create a record lot for development, which in turn triggered the provisions of the subdivision ordinance requiring either reverse frontage, which is where access is provided from the rear of the site or a service drive along Rockville Pike. As reverse frontage was not possible due to the location of the railroad tracks to the east, a public access easement for a service drive was required.
The easement was required to be 25 ft. wide (coinciding with the minimum drive aisle requirement of 25 ft. at the time), roughly parallel to Rockville Pike, and to provide access to the property to the north (the subject property). In addition, the easement document clarified that its location “shall coincide with the location of the driveway which now runs through Lot Four (4) and part of Lot Three (3).” In correspondence between the City and the owner of the southern property from the time, the proposed easement was referred to as a “floating easement.” Floating easements are commonly defined as easements granted without a fixed location or dimensions.
Although the borders of the access easement on Lot 4 and part of Lot 3 were not depicted on the 1971 plat, the 1971 deed creating the access easement clearly established it be 25 feet wide and to “coincide with the location of the driveway which now runs through Lot Four (4) and part of Lot Three (3)”-The deed further provides for the relocation of the easement with the approval of the Grantor and the Planning Commission through the recording of a Final Plat, as long as the easement is “in the form of a service road parallel to Rockville Pike, extending across the grantor’s property.” The easement and plat were recorded simultaneously in 1971 (Plat No. 9847 and Liber 460 Folio 709). See attachments. There is nothing in the 1971 plat or deed of easement indicating that the original location of the access easement was not certain, and the word “floating” appears in neither document.
Annotated Plat No. 9847, recorded January 6, 1971
In 1980, the Courthouse Plaza property owner submitted a use permit (USE1980-00193) to develop the Edmonston Crossing shopping center currently located on the site. City staff required the recording of a Final Record Plat, retention of the recorded public access easement across the site, and the establishment of a new platted 30-ft. service drive easement along the portion of the site proposed for development.
Though the property would be almost completely redeveloped, the property owner objected to the dedication of the standard 30-ft. easement adjacent to Rockville Pike and requested the retention of the existing public access easement in a location that would allow perpendicular parking on both sides of a drive aisle. The City agreed to “a floating service drive easement to the extent [sic] for the entire length of the property,” as requested by C.M. Whalen of Investment Properties, Inc. in a June 26, 1981, letter to the City.
The approved site plan shows a driveway extending to the northern property line with the subject property. However, this area is currently being used for vehicular parking. The approval of the Edmonston Crossing development revised the site plan south of the 1963 office building, and the location of both the access drive and the “floating” access easement intended to follow it as indicated on Plat No. 14030.
Plat No. 14030 was recorded in 1982 and combined Lots 3 and 4 from Plat No. 9847 into a new Lot 5. The plat vacated the platted 30-ft public access easement across the southern portion of former Lot 4 and the entire length of former Lot 3 and established the centerline of a new 25-ft. easement at the southern property line (at the boundary of Lot 2), which revised the connection point of the easement to the platted easement to the south and presumably for some distance to the north. The recorded plat indicates a floating easement across the entirety of the new Lot 5 (see attachment). In the staff’s view, this approval represents a revision of the original location of the access easement by recordation of a plat, as contemplated by the original deed establishing the access easement. It is unclear why the word “floating” was used to describe the access easement in Plat No. 14030 when it was not used in the original plat or deed of easement. However, the use of the word “floating” in the 1982 plat calls into question whether the access easement on the new Lot 5 retained a fixed and exact location, particularly a location, as Mr. Whalen now argues, that would preclude public access to the easement from the northernmost MD 355 curb cut.
Annotated Plat No. 14030, recorded October 14, 1982
In 2006, the owners of 900 Rockville Pike (KAMB) submitted a Planned Development (PD) application to develop a Champion Billiards retail store on the property (PDP2006-00011). During the PD application review and approval process, City staff required the closure of a previously existing curb cut on Edmonston Drive and the Maryland State Highway Administration (SHA) required the closure of the subject site’s existing curb cut on Rockville Pike/MD-350 due to traffic safety concerns.
Though the Edmonston Crossing owners objected, the Champion Billiards development was approved to take sole access to the site via the access easement across the Edmonston Crossing properties to the south. The Champion Billiards PD was approved by Mayor and Council Resolution No. 14-06. As part of the Mayor and Council’s findings of approval, they noted that “the access easement can be reached from any of the three curb cuts on the Edmonston property.” This finding was not challenged at the time.
In 2006, KAMB submitted a Use Permit application (USE2006-00702). The Planning Commission approved the Use Permit application in 2008, with sole access to the site being from the recorded public access easement to the south. The Edmonston Crossing owners again objected and filed an appeal with the Circuit Court and then the Court of Appeals. The Court of Appeals determined that the public access easement could serve as the sole point of access to the subject property but remanded the application back to the Planning Commission to make more detailed findings.
In 2011, the Planning Commission issued revised findings, which stated in part (emphasis added):
“In addition, the Planning Commission finds, as stated in the use permit approval letter dated July 25, 2008, that the applicant may utilize the existing service drive easements established across properties parallel to Rockville Pike. There are several curb cuts in the service drive on the Edmonston property that allow the public, and the applicant to enter the service drive. Traffic generated by KAMB is not required to enter the public service drive only through the curb cut that is on the most northern portion of the Edmonston property.”
Today, a continuous service drive exists from the southern property line of the subject property almost to Halpine Road to the south. Therefore, access to the subject site via the existing service drive along Rockville Pike could occur at multiple curb cuts south of the site.
Findings
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:
(0) Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project;
Staff has found no evidence that the development of a commercial building will be detrimental to the health and safety of persons working or living in this area, which is intended for commercial development. The proposed development will require improvements to the pedestrian, bicycle, and transit infrastructure in this area, which will improve connectivity and safety.
The proposed use of the site, retail, is a permitted use in the MXCD zone. Retail uses include a variety of sales uses but do not include restaurants or eating establishments. The site design incorporates improvements to the Rockville Pike frontage to safely accommodate pedestrians and bicycles and will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project. In fact, these improvements will improve the safety of pedestrians and bicyclists in the area and customers visiting the site using those modes.
Although the property is a corner lot, direct vehicular access from Edmonston Drive has been closed and direct vehicular access from Rockville Pike is not recommended by SHA due to its location in a turn lane. As noted in Finding (ii) below, the Pike Plan calls for the retention of existing public access easements in this section of the Pike Plan area, and the proposed development provides access from the existing public access easement in conformance with the Pike Plan.
As such, staff finds the proposed development will not impact the health or safety of persons residing near the site or accessing the businesses at Edmonston Crossing as the Edmonston Property is already burdened by, and responsible for the maintenance of an existing service constructed within a public access easement and the service drive and its access points to MD 355 are not limited to private use. Per staff request and to further evaluate the adequacy of this and its immediate existing access points to MD 355, on March 25, 2024, the Applicant submitted an updated traffic analysis prepared per the CTR requirements. The existing service driveway located on the east side of Rockville Pike and its three access driveways to MD 355 are operating at acceptable levels of service and will continue to do so with the additional traffic including service-related traffic that would be generated by the proposed development on the subject property and Transportation staff found that the study addressed any access concerns.
The representative of the adjacent property owner (Edmonston Properties LLC), Mr. Whalen, raised several concerns both in written testimony prior to the Planning Commission meeting and in verbal testimony at the Planning Commission meeting. The testimony submitted on November 15, 2023; November 18, 2023, and January 9, 2024, are addressed in the Public Notification and Engagement section below. After reviewing the testimony, staff confirms the finding that the request will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project;
(1) Be in Conflict with the Plan;
The project is located within Planning Area 9 (Rockville Pike <https://www.rockvillemd.gov/DocumentCenter/View/42826/City-of-Rockville-Comprehensive-Plan---Planning-Area-9---single-page-SQUARE>) of the City of Rockville’s Comprehensive Plan, Rockville 2040 (“the 2040 Plan”). The 2040 Plan includes goals, policies, and actions that are compatible with this development proposal. These compatibilities are:
• Providing adequate space to construct the MD-355 Bus Rapid Transit (BRT) and bicycle and pedestrian facilities called for by the 2017 Bikeway Master Plan will advance the City’s goal of reconstructing Rockville Pike/MD-355 as a multi-modal boulevard.
• The intersection of Edmonston Drive and Rockville Pike has been identified as a BRT station. Thus, it is desirable given the general transit-oriented land use goals of the Comprehensive Plan, to cluster destinations and improve bicycle and pedestrian infrastructure around planned station areas, rather than the existing use, which is vacant.
• “Support a robust commercial base.” (Page 44). The proposed development will increase commercial activity along Rockville Pike.
• Planning Area 9 policies direct the City to work with property owners to improve the function and aesthetics of Rockville Pike, as outlined in the 2016 Rockville Pike Neighborhood Plan. The proposed reconstruction of the Rockville Pike frontage to include bicycle and pedestrian facilities and accommodate the future BRT alignment directly supports this policy.
The 2016 Rockville Pike Neighborhood Plan <https://www.rockvillemd.gov/DocumentCenter/View/16716/Rockville-Pike-Plan-2016?bidId=> (“Pike Plan”), which is part of the Comprehensive Plan, further identifies this site as part of the Middle/North Pike East Plan area and as part of the Corridor Land Use Concept area. The Pike Plan recognizes that properties within this area are constrained by MD-355/Rockville Pike to the west and the railroad tracks to the east. See Figure 1.4 from the Pike Plan below.
Though these findings are applicable to the proposed development of 900 Rockville Pike, these policies will apply to the redevelopment of all of the properties within the Middle/North Pike East Plan and the Corridor Land Use area, including the property to the south (the “Edmonston Property”).
Transportation Policies
The proposed development is not in conflict with the transportation policies of the plan. Chapter 4 of the Pike Plan calls for the development of Rockville Pike as a multi-modal boulevard, including a system of parallel access roads to allow vehicles, bicycles, and pedestrians to travel from business to business without entering Rockville Pike. Per the Pike Plan (Page 1-6):
“The access roads recommended by this plan provide access to private property that is not directly connected to the main thoroughfare. They are also intended to reduce the number of curb cuts and driveways along the portion of the Pike designed for through traffic, thereby improving flow in those main lanes. Access roads can link multiple adjoining properties to enable a “park once and walk” environment. Their design is for slower speeds, reducing the vehicle conflicts among faster-moving vehicles, slower-moving vehicles, bicyclists, and pedestrians that currently occur on the Pike.”
The Pike Plan describes exceptions to the access road requirements for properties within the Middle/North Pike East Plan area. Within this area, the Pike Plan calls for some modifications of the access road concept (Page 4-7):
• “Implementation of the boulevard vision for properties in these locations may include modifications to support the auto-reliant nature of this portion of the corridor and preserve the viability of businesses, as long as inter-site vehicular and bicycle movement, a continuous public sidewalk, and pedestrian, bicycle and vehicular safety are assured.” The proposed development will reconstruct the existing sidewalk along Rockville Pike, which will continue to connect to the existing sidewalk to the south and to the sidewalk along the Edmonston Drive frontage of the site. A pedestrian walkway and bicycle path will be constructed with the project and will eventually connect with a network of pedestrian walkways and bicycle paths as properties to the south and north redevelop.
• “It is important to retain existing easements and to continue to obtain easements along the Pike to allow inter-site vehicular movement, and to require that all sites in this area provide for inter-site movement when they redevelop.” The proposed development includes access from an existing access easement to allow inter-site vehicular movement.
• “Reducing the number of curb cuts from the main travel lanes should be a priority in this area, as it is in the entire corridor, to improve traffic flow in the main lanes while maintaining access to all properties.” The proposed development will close the remaining site curb cut from Rockville Pike in accordance with Maryland SHA requirements.
Land Use Policies
In addition to transportation policies, the Pike Plan establishes urban design policies for new development along Rockville Pike:
• Parking should be located, whenever possible, “in structures behind or under buildings, thereby minimizing inactive zones and reducing the visually unappealing effect of large surface lots in front of buildings” (Pages 4-40). However, the Pike Plan recognizes that properties within the Middle/North Pike East Plan area may require surface parking due to site constraints. Due to the constraints of the lot size, staff believes the proposal is not inconsistent with the Pike Plan because the lot is small, and the parking is located to the side rather than in front of the building.
• A “build-to line” along Rockville Pike is established to create a consistent street wall while accommodating anticipated pedestrian, bicycle, and BRT infrastructure. A minimum setback (or reduced build-to line) of 85 feet from the Rockville Pike centerline was approved by PDP2006-00011 and is the minimum build-to line permitted. As shown in Sheet PJ 2.0, the currently proposed building setback is 93 feet from the Rockville Pike centerline, an increase of 8 feet from the approved build-to line. The building abuts the public pedestrian walkway and 100% of the façade is located at the setback line. This request would place the building further than 85 feet from the Pike centerline but will continue to meet the intent of the Pike Plan by providing enclosure and transparency along the pedestrian realm. This standard is addressed more thoroughly in Finding (iv).
(2) 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
No residential uses are planned, and therefore, the proposed development is not subject to the school’s test in the APFS.
Water and Sewer
The applicant is not required to obtain a Water and Sewer Authorization Letter. The proposed amendment represents a reduction in the water and sewer demand from the previously approved Planned Development/Project Plan for the property.
Roadway Network Analysis
A limited-scope On-Site Transportation Report was prepared in accordance with the City’s Comprehensive Transportation Review (CTR) requirements 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. See the “CTR Scoping Intake Form” attachment for additional information. In addition, and as requested by staff, on March 25, 2024, the Applicant submitted an additional and updated traffic analysis that evaluated the adequacy of the existing service drive and its immediate access driveways to MD 355 for the existing and total traffic conditions which is the sum of existing traffic and the projected traffic of the proposed development.
Both reports were reviewed by the Department of Public Works (DPW) Traffic & Transportation staff. Based on this review staff finds:
(1) The proposed development of 4,400 square feet of retail use represents a reduction in the previously approved development and will not generate thirty (30) or more new peak hour vehicle trips, as shown in the table below.
(2) The development will not substantively alter or change vehicular traffic flow movements in and around the site.
(3) The existing service drive and its access driveways to MD 355 are and will continue to operate adequately with the additional vehicular traffic generated by the proposed development.
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:
|
Trip generation |
AM Peak |
PM Peak |
|
Proposed |
|
4,400 square feet of retail |
10 |
29 |
|
Subtotal |
10 |
29 |
|
Previously Approved |
|
12,574 square foot furniture store |
3 |
7 |
|
Subtotal |
3 |
7 |
|
Net Trips Generated |
7 |
22 |
(3) Constitute a violation of any provision of the Zoning Ordinance or other applicable law;
The staff has reviewed the proposed development for compliance with the Zoning Ordinance and finds it to be consistent with the requirements. All applicable development standards including landscaping, open area, and public use space requirements have been met during this Project Plan stage of the development project.
Build-To Line
The proposed development meets the requirements of this section as proposed. Sec. 25.13.05 establishes a build-to-line for properties within the Rockville Pike Neighborhood Plan area. The build-to line for this property is 116 feet from the Rockville Pike centerline. For parcels located in an area where the distance between the Rockville Pike right-of-way and the CSX/WMATA right-of-way is less than 300 feet, as it is for this site, a reduced build-to line may be applied per Sec. 25.13.05.a.2.(b).(iii).A. The build-to line must be adjusted by establishing it at a point three-quarters of the distance from the CSX/Metro right-of-way to the Rockville Pike right-of-way and can be reduced to 85 feet so long as inter-site vehicular and bicycle movement and a continuous public sidewalk are provided.
For this site, that calculation would result in a build-to line of 82.5 to 87.75 feet from the Rockville Pike centerline (per public records, the site measures 110 feet from CSX/Metro right-of-way to Rockville Pike right-of-way at the southern end and 117 feet at the northern end). The 85-foot build-to line would take precedence over the lower end of the measurement and was the build-to line approved by the PD. The applicant proposes to locate the building 93 feet from the Rockville Pike centerline, which exceeds the minimum build-to line as calculated per Sec. 25.13.05.a.2.(b).(iii).A.
This build-to line represents both a minimum and maximum setback, where it applies, and requires that at least 70% of the façade along Rockville Pike (classified as a Major roadway) and 30% along Edmonston Drive (classified as a Primary Residential Class I roadway) be constructed at the build-to line. As proposed, 100% of the façade along Rockville Pike will be constructed at the reduced build-to line and approximately 50% of the façade along Edmonston Drive will be constructed at the build-to line.
Uses
The proposed retail land use is compatible with the uses identified in the land use table in the Zoning Ordinance for the MXCD Zone and is also consistent with the Comprehensive Plan as detailed above. The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.b (Special design regulations for individual mixed-use zones - MXCD) will ensure the thoughtful and sensitive design is utilized in this project. Compliance with these sections will be confirmed during the site plan review. The Proposal also complies with other MXCD Zone development standards including height requirements and setbacks.
Open Space/Public Use Space
The Zoning Ordinance requires 15% open space and 15% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly accessible location, including the pedestrian walkway and bicycle path along the property frontage.
Access Easement
As described in this staff report, and based on information in the City’s records, providing access to the 900 Rockville Pike site is, in fact, an express purpose of the public access easement and the existing service drive can continue to safely be used and accessed by all planned and allowed vehicle types and from multiple existing access points along MD-355. Therefore, the proposed access is in compliance with the Rockville Pike Neighborhood Plan and the City’s zoning regulations.
Fire
Fire access is met subject to the below conditions.
Historic Resources
The property is not within a historic district and has no potential historic resources on site.
Other Requirements
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.
(4) Adversely affect the natural resources or environment of the City or surrounding areas.
Stormwater Management
Stormwater Management (SWM) for this project will be provided in compliance with the Pre-Application SWM Concept Letter dated August 28, 2023, and included as the “Pre-Application SWM Concept Letter” attachment. The Pre-Application SWM Concept Letter lists project-specific conditions of approval. On-site SWM will be provided by the applicant through the construction of one Environmental Site Design (ESD) measure planter box bioretention facility. This Pre-Application SWM Concept Approval does not approve the methods for providing SWM beyond establishing the percent ESD provided. The safe conveyance of storm drainage will be analyzed by the applicant and provided through the mitigation of storm drain capacity deficiencies if necessary.
Forestry
This project will 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
April 17, 2017 (FTP #2017-00013). An updated NRI/FSD was approved on September 15, 2023.
The City approved a Preliminary Forest Conservation Plan (PFCP) on December 6, 2023. The PFCP shows how the project will comply with the Minimum Tree Cover (MTC) requirement of 10% or 2,570 square feet. Currently, the applicant has shown how 2,600 square feet of MTC, via three shade trees and one ornamental evergreen tree, can be planted on the site. See Sheets L9.01 and L9.02.
Forest Conservation
Per Sec. 10.5-22.(b), the applicant is not subject to forest conservation via afforestation because the site is less than 40,000 square feet in area.
Significant Trees
The PFCP currently shows the removal of one significant tree on-site, resulting in a replacement requirement of two tree plantings per Chapter 10.5.
Street Trees
Consistent with the requirements of Section 25.21.21, the applicant is proposing to plant five street trees within the Rockville Pike public right-of-way.
Conditions
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 must be designed in a manner generally consistent with the concept design and associated exhibits of the Project Plan Concept dated November 9, 2023. The permitted square footage is an “up-to” maximum and in no way absolves the applicant from demonstrating that the specific terms of all applicable City Ordinances can be met at the site plan, except as otherwise outlined within the Project Plan approval resolution.
DPW Engineering
2. Prior to issuance of any occupancy permit, the applicant must construct all public improvements within the property and Rockville Pike right-of-way, including but not limited to street trees, streetlights, streetlight conduit, traffic signs, new seven-foot sidewalk, and eight-foot bicycle path as depicted on Sheet PJ 2.0 of the project plan and in accordance all applicable City standards or the standards of the jurisdiction of the corresponding right-of-way. Public improvements must be located within the right-of-way or within a Public Improvements Easement (PIE) as approved by the Director of Public Works.
3. Prior to any DPW permit, Applicant must obtain all necessary approval and/or permits for closure of the Rockville Pike driveway access point, construction of improvements within SHA right-of-way, and utility connections proposed on the Project Plan from all agencies with jurisdiction, including Maryland State Highway Administration (SHA) and the City of Rockville.
4. Applicant shall comply with the conditions of the Department of Public Works’ (DPW’s) Pre-Application SWM Concept Approval Letter dated August 28, 2023, attached as the “Pre-Application SWM Concept Approval Letter” attachment.
5. Applicant must comply with all requirements of WMATA’s Joint Development and Adjacent Construction Manual, Design Criteria, and the provisions of all existing WMATA easements on the property. Prior to submission of the site plan application, the Applicant must identify all proposed developments within the WMATA Zone of Influence on the property and provide the City with all correspondence related to compliance with WMATA’s requirements. The Applicant must receive written approval of the design and construction methods for all improvements near WMATA’s right-of-way prior to the issuance of any DPW permit. Any significant changes to the proposed development necessary to comply with WMATA’s Design Criteria may require the applicant to revise the project plan to comply with all City requirements.
6. If present, the 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, the Applicant must submit plans for work within the easement to the Grantee for review. If the Grantee’s permission for such work is required, the Applicant must secure the Grantee’s written permission for any proposed development activity within the easement, or the easement must be extinguished, prior to the submission of an application for any DPW permit.
7. Submission for review and approval by the Office of the City Attorney prior to DPW permit issuance, all necessary deeds, easements, agreements, dedications, and declarations. Drafts of the documents must be included with the initial submission of the engineering plans and must be recorded prior to issuance of DPW permits unless otherwise allowed by DPW.
8. Prior to Site Plan approval, the applicant must submit a conceptual dry utility plan to be deemed appropriate by both the utility companies and the Department of Public Works. The dry utility plan must demonstrate there is adequate space between the building and the powerlines to minimize the risk of electric shock, fire, power cuts, or damage to the property or powerlines. The dry utility plan must demonstrate that both the proposed condition and the future condition for the planned BRT infrastructure can be safely constructed.
DPW - Traffic and Transportation
9. Trash, delivery, and service vehicles accessing the site shall be limited to SU-30 equivalent or smaller except for emergency vehicles.
10. After Site Plan approval and prior to issuance of any Public Works Permit, the Applicant shall dedicate for public use any property along the Property frontage that lies within a minimum of 93 feet from the existing roadway center, of which approximately 32 feet is located beyond the existing SHA Rockville Pike right-of-way. The right-of-way to be dedicated to the City of Rockville shall be in accordance with the Project Plan and exhibits, including those coordinated with MCDOT to accommodate the future MD 355 Bus Rapid Transitway (BRT), seven-foot pedestrian walkway and eight-foot bicycle path. Any deviation must be approved by the Director of Public Works at the Site Plan phase.
11. Prior to the issuance of any occupancy permit, the applicant shall construct the required 7-foot-wide sidewalk next to the required and buffered 8-foot-wide cycle track with adequate transitions along the site frontage with MD 355 and as shown on the plan per the City and SHA standards.
12. The applicant shall submit to DPW for review and approval by the Chief, Traffic and Transportation Division, prior to issuance of any building permit a detailed signing and marking plan including proposed signs that limits no larger than Su-30 commercial vehicles to and from the subject site and prepared in accordance with the latest edition of the Maryland Manual on Uniform Traffic Control Devices (MD-MUTCD).
13. During construction, the applicant must ensure access to the existing adjacent office building and its parking lot are continuously maintained and provided. All parking for site contractors must be provided on-site.
Fire
14. Site Plan application shall comply with Sheet EX 1.0.
15. At the time of site plan submission, the Applicant must show the location of the Fire Department Access Box (Knox Box).
Forestry
16. The applicant must apply for a waiver consistent with section 4.d.3(b) of the Landscape, Lighting, and Screening Manual from the Planning Commission for Segment ‘A’ shown on Sheet L2.01 if necessitated by the final Landscape Plan. The waiver must be approved before or concurrently with Site Plan approval.
17. The applicant must apply for a waiver consistent with section 4.d.3(c) of the Landscape, Lighting, and Screening Manual for Segment ‘B’ shown on Sheet L2.01 if necessitated by the final Landscape Plan. The waiver must be approved before or concurrently with Site Plan approval.
18. Before the issuance of any building, forestry, or DPW permits, the applicant must obtain approval of a Final Forest Conservation Plan (Final FCP).
19. 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.
20. The applicant must adhere to and meet all requirements of the PFCP approval letter in preparation for the submittal and approval of their FFCP.
Public Art
21. The Applicant must comply with the City’s Publicly Accessible Art in Private Development Ordinance. Applicant must provide a concept plan for approval prior to issuance of a building permit.
Mayor and Council History
An application for development at this site was submitted in 2017 (PJT2018-00105). Mayor and Council held briefings on January 24, 2018, and February 26, 2018. The Planning Commission reviewed the application at its February 27, 2019, meeting and recommended approval of the application.
Mayor and Council held a public hearing on April 29, 2019, and a discussion, instruction, and possible adoption meeting on June 14, 2021. At the discussion, instruction, and possible adoption meeting, M&C directed staff and the applicant to explore whether the project could be modified to accommodate separate bicycle and pedestrian facilities along the Rockville Pike frontage as well as additional space needed to accommodate the Bus Rapid Transit (BRT) project.
As a result of those discussions, the development was redesigned to incorporate separate bicycle and pedestrian facilities along Rockville Pike and additional right-of-way dedication to accommodate the future BRT alignment. Given the substantial redesign of the site, City staff and the applicant determined that it was appropriate to withdraw the active application and resubmit an application that reflected the revised design. The applicant withdrew PJT2018-00105 on March 21, 2023, and submitted the application currently under review on April 3, 2023.
In accordance with Section 25.07.07.6. of the Zoning Ordinance, the Mayor and Council were briefed on this application on May 8, 2023. This is the first Mayor and Council public hearing for the application took place on July 8, 2024.
Public Notification and Engagement
Notifications of the Project Plan application were made consistent with City Code requirements. The Affidavit of the Mayor and Council Hearing Public Notice is included as the “Affidavit of Public Notice” attachment. In addition, the Applicant held a pre-application area meeting on February 7, 2017, and a post-application area meeting on April 26, 2023.
As of the date of this report, the staff has received two public comments from Jim Whalen of Investment Properties, Inc., which includes a 2021 memo prepared by Miles & Stockbridge regarding the previous proposal as well as photos. Staff also received a number of documents from Miles & Stockbridge on behalf of the Edmonston Property on January 9, 2024, and from Lerch, Early & Brewer on July 8, 2024. See the “Public Testimony” attachment.
Staff Response to Public Comments
E-mail submitted by Jim Whalen, Investment Properties, Inc. dated November 28, 2023
1. The easement has been in the same location since its recording in 1971.
Staff Response: As described in the findings, the staff’s opinion is that the easement has been relocated on at least one occasion since its recording.
2. The easement does not about the public right-of-way at the northern curb cut of the Edmonston Crossing property.
Staff Response: As noted in this staff report, the City has repeatedly made affirmative findings that this easement connects to the northern curb cut and that the northern curb cut can be used to access the site. In any case, as described in the findings below, the public access easement can be accessed at any point between 900 Rockville Pike and 1470 Rockville Pike; access is not limited to the northernmost curb cut on the Edmonston Crossing property.
Memo submitted by Mr. Whalen as an attachment to his e-mail, prepared by Miles & Stockbridge and dated April 23, 2021
1. The easement has been in the same location since its recording in 1971.
Staff Response: As described in the findings, staff’s opinion is that the easement has been relocated on at least one occasion since its recording.
2. The 900 Rockville Pike site has two existing curb cuts.
Staff Response: As described in the findings, the Edmonston Drive curb cut was closed sometime between 2009 and 2012. The site had one existing curb cut on Rockville Pike at the time of this memo.
3. The improvements on the Edmonston property have remained unchanged since the easement was granted in 1971.
Staff Response: As noted in the memo included as the “Easement History Memo - City dated December 26, 2023” attachment, staff has determined that the improvements on the Edmonston property have changed several times since the easement was granted, most notably with the approval of the existing shopping center in 1981. The site improvements were also substantially impacted by the construction of the Metro Red Line in the mid-1970s, which resulted in the demolition of several of the buildings shown in the 1971 plat.
4. The easement did not encroach into the existing surface parking spaces when it was established.
5. The easement encroached into a sidewalk in front of the existing office building when it was established.
Staff Response: A review of the approved 1963 site plan (USE1965-00198) indicates a 25-ft clear area between the office building sidewalk and the striped parking spaces adjacent to Rockville Pike, which was the minimum width for a two-way drive aisle at the time. The easement would not have needed to encroach into either the surface parking spaces or the sidewalk.
6. The City has acknowledged the Edmonston Crossing property owner’s indication of the easement location through approval of an unrecorded 2018 plat.
Staff Response: The proposed 2017 Ownership Plat approved by the Planning Commission on July 25, 2018, was never recorded. On the approved plat, the easement is labeled “approximate location of floating 25’ service drive easement granted by L4060 F709.”
The Planning Commission had previously approved a Final Record Plat for 900 Rockville Pike as part of the 2008 site plan approval; this plat was never recorded but shows the location of the service drive easement in a different location than the 2017 Ownership Plat submitted by Edmonston Crossing.
Both of these plats indicate that the identified easement location is “approximate.”
In the materials submitted on January 9, 2024, by Miles & Stockbridge on behalf of Edmonston, Mr. Whalen describes the primary issues of concern to Edmonston:
1. The illegal taking of private property to facilitate the use of Edmonston’s northernmost entrance to access the proposed entrance to 900 Rockville Pike via the service drive.
Staff response: As discussed elsewhere in this staff report and findings, as well as in the original Planned Development and Site Plan approvals, access to the property at 900 Rockville Pike via the existing public access easement to the south is available at multiple points along the easement. Access to the property is not limited to the northernmost entrance and no taking of private property is proposed.
In addition, City records indicate that staff believed the “floating” access easement was intended to connect to all three access points on the Edmonston property. See exhibits included in the “Easement Memo - City” attachment. It is unclear why the City would allow the recording of an easement that did not connect to the existing driveway points that were expected to provide access to the easement. Mr. Whalen suggested in verbal testimony that the disconnect between the public access easement and the SHA right-of-way within the access drives was intentional, but the staff has not found, and Mr. Whalen has not produced, any evidence that this is the case.
Mr. Whalen further suggests that Edmonston “has the unilateral right to close its northern entrance now or as part of a future redevelopment.” As noted by the Chief of Zoning, Jim Wasilak, at January 10, 2024, Planning Commission meeting, closure of that access would be a violation of the existing 1971 use permit approval as modified by the 1980 use permit approval and would not be permitted without the submittal of an application and demonstration that the site would continue to function safely with the closure of that access point.
No application for redevelopment of the Edmonston Property has been submitted to the City to date, and no formal discussions with the property owner have occurred.
2. The potential detrimental impact to the future development of the Edmonston property if Edmonston is forced to keep the service drive in place to maintain access between the project and Rockville Pike via entrances located to the south of our northern entrance.
Staff response: As discussed elsewhere in this staff report and findings, the Rockville Pike Neighborhood Plan calls for retention of public access easements in this section of the Rockville Pike Plan area. The public access easement has existed since 1971 and the Edmonston Property has always been responsible for the maintenance of the easement area; this responsibility is unchanged regardless of whether customers of Edmonston Crossing or other developments connected by the easement are accessing it. The CTR analysis demonstrates that there will be minimal vehicular traffic generated by the proposed development. This minimal additional vehicular traffic will allow the Edmonston Property to continue to operate as it currently does and will not have a detrimental impact on the property.
Mr. Whalen also asserts that the service drive is an easement on Edmonston property, not a right-of-way. However, the title of the document granting the easement is “Declaration of Easement and Right-of-Way.” The document further describes the easement as “right-of-way and easement 25 feet wide for public ingress and egress at all times.” See “Liber 460 Folio 709” attachment. While the drive aisle on the Edmonston property is not a City street, the terms of the easement make clear that the “right-of-way and easement” is intended to allow for public ingress, egress, and access in conformance with the Rockville Pike Plan and the City’s subdivision regulations.
Though the location of the easement on the Edmonston Property can be changed through recording of a plat and with the agreement of the City, complete elimination of the easement is not supported by the Comprehensive Plan policies and would be unlikely to be supported by City staff.
3. The potential for unsafe truck maneuvering on the Edmonston property created by the proposed project.
Staff response: Mr. Whalen objected to the proposed site design and presented evidence that SU-40 (40-ft) and SU-50 (50-ft) trucks would not be able to make the maneuvers required to access the property from Rockville Pike via the northern curb cut and access easement on the Edmonston Property. See the “Public Testimony” attachment for details. However, the exhibits submitted were based on a previous site design and do not address the site design proposed by this application. In addition, the exhibits are unclear and were not accompanied by any expert testimony regarding what they are intended to demonstrate.
The applicant has provided a CTR analysis of safety and capacity at the northern curb cut on the Edmonston Property and has provided exhibits showing that SU-30 trucks can safely access the site from the middle and southern curb cuts, and a proposed condition prevents larger trucks from accessing the site. The applicant will be required to provide additional safety and capacity analysis of the middle and southern curb cuts at the time of site plan application.
Mr. Whalen also states that ” One thing that is certain in the current marketplace is that most tenants searching for space today are food related….Which means heavy trash, grease extraction and delivery requirements." The requested approval is for retail uses, which under Chapter 25 include those uses listed in Sec. 25.13.03.h under Retail Sales and Services; a restaurant is not considered a retail use under the provisions of Chapter 25 and retail uses do not include food-related businesses. If the applicant were to enter a lease with a restaurant or other food-related business, that would be considered a change of use and a modification to the approval would be necessary. This modification would include an analysis of traffic impacts, parking requirements, and delivery needs.
4. The improper alignment and configuration of the connecting point of the service drive easement to the subject property depicted on the current plans.
Staff response: As discussed elsewhere in this staff report and findings, the exact location of the “floating” public access easement across the Edmonston Property is in dispute. Mr. Whalen contends that the alignment of the connecting point to the public access easement is unknown; however, the 1980 site plan approved by the Planning Commission and included in both the “Easement Memo - City” attachment and Mr. Whalen’s testimony, clearly shows the location of the approved access point, regardless of the location of the remainder of the easement across the site. The applicant’s proposed access point aligns with this approved location.
In verbal testimony, Mr. Whalen also raised concerns about the use of the easement across the Edmonston Property and the property owner’s responsibility for maintenance of this easement in the event of heavier usage. The wording of the easement given by Edmonston’s predecessor in title in 1971 establishes an “easement and right-of-way to be a service drive for the use of the public at all times” over the Edmonston Property. The easement is designed to be part of a larger service drive that allows ingress and egress between adjoining lots along Rockville Pike. As described in the Rockville 2040 Comprehensive Plan and Pike Plan, these public access easements are intended to function like a public street to provide access between properties without requiring vehicles to enter Rockville Pike. The applicant’s CTR has demonstrated that minimal vehicular traffic will be generated by the proposed development and no mitigation of the vehicular transportation network is required.
Boards and Commissions Review
In accordance with Section 25.07.07.6. of the Zoning Ordinance, the Planning Commission was briefed on this development proposal on April 26, 2023, and the Mayor and Council were briefed on May 8, 2023. At the briefings the Planning Commission and Mayor and Council asked questions and offered suggestions concerning the development proposal.
At the Planning Commission briefing, Commissioners discussed the right-of-way requirements to accommodate the future BRT and retain the existing right turn lane in front of the site; the location of the future BRT stop in the center of Rockville Pike adjacent to the site; site circulation; the buffer requirements of the Landscaping, Screening, and Lighting Manual; pedestrian and bicycle infrastructure and safety at the corner of Edmonston Drive and Rockville Pike; the location of pedestrian access to the building from Edmonston Drive and Rockville Pike; and the adequacy of the code-required parking for the proposed future uses. The Planning Commission requested that the Applicant brief RBAC and RPAC and did not request any revisions to the plans as presented.
At the Mayor and Council briefing, Mayor and Council discussed the reduced size of the proposed building (square footage and height); previous conversations regarding the existing access easement across the property to the south; the amount of parking being provided; site circulation; jurisdiction of the right-of-way to be dedicated along Rockville Pike; required infrastructure improvements along Rockville Pike; and the location of the existing bus stops and the future BRT stop adjacent to the site. Mayor and Council asked that the status and location of the access easement to the south be clarified prior to public hearings.
The Applicant also briefed the Rockville Bicycle Advisory Committee (RBAC) and Rockville Pedestrian Advocacy Committee (RPAC) on the development proposal at the request of Council. RBAC was briefed on June 7, 2023, and RPAC was briefed on June 8, 2023.
At the RBAC briefing, the Committee suggested maintaining the eight-foot width of the proposed bike lane along the Rockville Pike frontage but make it a one-way travel lane so there is less confusion for cyclists and still in compliance with the Master Plan. This suggestion was not carried forward.
At the RPAC briefing, Committee members raised questions related to pedestrian facilities for crossing Rockville Pike at Edmonston Drive as well as connections between the proposed building entrance and the sidewalk along Rockville Pike.
Both the Planning Commission and the Mayor and Council were generally supportive of the application and expressed no significant concerns with the development proposal. As a result of the discussion and feedback from the meetings, the Applicant has provided additional information about the public access easement, included in the “Easement History Memo - Applicant dated November 20, 2023” attachment.
The Planning Commission held a public meeting <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4801> on January 10, 2024, and unanimously recommended approval of the application subject to the recommended findings and conditions and further consideration of the proposed truck turning movements and the market demand for retail uses in the city. See the Planning Commission memo attached.
After the January 10th Planning Commission hearing and recommendation, the Applicant provided a traffic analysis study regarding the capacity of the existing service drive located on the east side of Rockville Pike to serve the subject property through multiple driveways connecting Rockville Pike to the Edmonston Crossing shopping center. Traffic and Transportation staff found that the study addressed the concerns. See “MD 355 Service Drive Access Study” attached.
The Mayor and Council held a public hearing <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4874&meta_id=127801> on July 8, 2024, with a Discussion and Instruction to staff meeting at a subsequent session.
Next Steps
Upon hearing information and feedback from the public hearing, the Mayor and Council will render a final decision on the proposed Project Plan as an amendment to the Planned Development via adoption of a resolution, incorporating the findings as required by Section 25.07.01.b.2 of the Zoning Ordinance. At the July 29th meeting, the Mayor and Council will discuss the application and provide instructions to staff. In this case the adoption of the resolution would be scheduled for September 30, 2024. These dates are subject to change.
If the application is approved, the Mayor and Council will establish a period within which construction of the approved Project Plan must commence.
Following Project Plan approval, the Applicant must file a Level 2 Site Plan and a Final Record Plat prior to submitting permits for construction.