Subject
title
Level 2 Site Plan Application STP2024-00473, to Permit Construction of 82 Townhomes and request a waiver to the MXE (Mixed-Use Employment) Zone equivalent standards at 2200 Tower Oaks Boulevard, and to complete bicycle parking improvements at 2000 Tower Oaks Boulevard, in the PD-TO (Planned Development - Tower Oaks) Zone; Michael Harris Properties, LLC., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Level 2 Site Plan STP2024-00473 and approval of the waiver to the MXE Zone equivalent standards, based on the findings and conditions of approval contained in this report.
Overview
Case: Level 2 Site Plan STP2024-00473 - Tower Preserve
Location: 2000 and 2200 Tower Oaks Boulevard
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
240.314.8227
nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>
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Applicant: Michael Harris Properties, LLC. |
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Filing Date: December 14, 2023
Meeting
Date: July 24, 2024
Michael Harris Properties, LLC. (the “Applicant”) has filed this Level 2 Site Plan application to implement Project Plan PJT2023-00015, which authorized construction of 82 townhouse units with a community green space on the property located at 2200 Tower Oaks Boulevard and granted a parking reduction for the existing office building located at 2000 Tower Oaks Boulevard so long as the Applicant increases bicycle parking at the existing office building.
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.
After a comprehensive review of the application, staff has found the application in compliance with all relevant City codes and policies. Based on the review, and as described in the proposed findings and recommended conditions, staff recommends approval of the site plan.
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Location: |
2000 and 2200 Tower Oaks Boulevard |
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Planning Area: Land Use Designation: |
Planning Area 12 - Tower Oaks OCRM - Office, Commercial and Residential Mix |
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Zoning District: |
PD-TO (Planned Development - Tower Oaks) with MXE (Mixed-Use Employment) Equivalent Zone |
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Existing Use: |
Office building with restaurant (2000 Tower Oaks Blvd.) and a temporary parking lot (2200 Tower Oaks Blvd.) |
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Proposed Use: |
82 townhouse units, a community green and tot lot |
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Site Area: |
384,539 Square Feet or 8.83 acres (includes both parcels) |
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Building Height: |
55 feet maximum for proposed townhouses |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
PD - TO (Planned Development - Tower Oaks) |
OSP - Open Space Private |
Office and Stormwater Management Facility |
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East |
PD - TO (Planned Development - Tower Oaks) |
OSP - Open Space Private |
Open Space (Cabin John Creek) |
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South |
PD - TO (Planned Development - Tower Oaks) |
OSP - Open Space Private |
Stormwater Management Facility |
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West |
PD - TO (Planned Development - Tower Oaks) |
OCRM - Office, Commercial and Residential Mix |
Vacant |
Parcel Map
The Site Plan consists of two parcels, Parcel C, Block D located at 2000 Tower Oaks Boulevard and Parcel D, Block D located at 2200 Tower Oaks Boulevard. Parcel C is approximately 2.7 acres (118,790 square feet) and Parcel D is approximately 6.1 acres (265,749 square feet). Both properties lie within the PD-TO (Planned Development - Tower Oaks) Zone and have an equivalent zone of MXE (Mixed-Use Employment). The properties are located at the southeastern corner of the Wootton Parkway and Tower Oaks Boulevard intersection in the Tower Oaks planned development.
Parcel C is developed with a 195,925 square-foot office building with a restaurant space, a 5-level parking garage (three levels underground and two above ground), and a small surface parking area accommodating five spaces. This parcel has been included in this request because the Applicant is adding long-term and short-term bicycle parking as required by the approval of PJT2023-00015.
Parcel D is partially developed with a private access driveway that runs between Wootton Parkway and Tower Oaks Boulevard and a temporary surface parking lot that was constructed to accommodate the required parking for the office building located on Parcel C. The remainder of the parcel is unimproved with an open lawn and clusters of trees and vegetation. The parcel is currently encumbered by several easements that will either remain, be relocated, or extinguished. The existing temporary parking lot is no longer necessary since Mayor and Council granted a parking waiver with their approval of PJT2023-00015. Hence, the temporary parking lot will be removed and replaced with the proposed residential development.
Project Description
The Applicant proposes to redevelop the property located at 2200 Tower Oaks Boulevard as a residential development that consists of 82 townhouses, a community green space, and a small tot lot with play equipment.
Site Plan
The townhouses will be three stories tall (with an optional fourth story) and have a maximum height of 55 feet. Out of the 82 townhouses, 53 are proposed to be rear-loaded, located centrally within the development, and 29 will be front-loaded, located along the property’s eastern and southern edges. Three different unit sizes are proposed: front-loaded townhouses measuring 26’-6’ wide by approximately 45’ deep, rear-loaded townhouses measuring 20’ wide by approximately 43’ deep, and moderately priced rear-loaded townhouses measuring 14’ wide by approximately 40’ deep.
Approximately 24.5% (41,588 square feet) of the subject property would remain as open space, of which 8.2% (13,900 square feet) would function as public use space. The public use space is proposed as a community green and a tot lot. The green would be concentrated towards the northwestern corner of the property. Its central location and proposed sidewalk network should make the community green easily accessible from all areas of the development. The community green will be lined by townhouses on three sides and public right-of-way on the fourth. The space itself will feature a fountain or artwork. The tot lot is adjacent to proposed Public Street A. The tot lot will be lined with low plantings, contain seating, and play equipment.
Access to the residential development is proposed from both Tower Oaks Boulevard and Wootton Parkway. The Applicant proposes to convert an existing private driveway into a public street, proposed as Public Street A. Before dedicating the private drive to the City as a public street, the Applicant will reconfigure it to include improved travel lanes, bicycle and pedestrian infrastructure. Additionally, two new public streets, proposed as Public Street B and Public Street C, and private alleys will provide internal circulation and access to the individual townhouses.
Bicycle parking, consistent with City requirements, is proposed at the office building located at 2000 Tower Oaks Boulevard. A total of 20 long-term bicycle parking spaces and seven short-term bicycle parking spaces currently exist on the property. The long-term spaces will increase to 40 while the short-term will increase to 15.
• Comprehensive Planned Development Application CPD-1-85 was approved by Mayor and Council on October 12, 1987. The subject property is within Development Area 4 of the approved concept plan. Development Area 4 was authorized for 400,000 gross square feet (gsf) of office, a 300-room hotel, and 75,000 gsf of health and recreation facilities.
• On March 7, 1990, the Planning Commission approved a density transfer of the office use within the Tower Oaks development. In Development Area 4, office density was reduced from 400,000 gsf to 285,000 gsf. The hotel and health and recreation facilities densities remained the same.
• On December 14, 2005, the Planning Commission approved Comprehensive Planned Development application CPD2005-0001M to construct a 9-story, 198,000 square foot office building, a 300 unit hotel (200 traditional guest rooms and 100 hotel residences) and a 75,000 square foot fitness center.
• The Planning Commission approved Detailed Application Amendment CPD2005-001M1 on June 11, 2008. The request was for the reconfiguration of the parking garage to serve the hotel and fitness center to be built at 2200 Tower Oaks Boulevard.
• Minor Site Plan Amendment STP2012-00102 was approved in October 2011. The approval authorized an alternate phasing plan pertaining to the construction of a temporary parking lot #2.
• Minor Site Plan Amendment STP2015-00243 was approved in March 2015 to allow restaurant use to locate in the office building located at 2000 Tower Oaks Boulevard.
• Mayor and Council approved Project Plan Application PJT2023-00015 amending the Tower Oaks Planned Development to allow the development of 82 townhouses, including a minimum of 15% MPDUs on 2200 Tower Oaks Boulevard and authorizing an 18% parking reduction for the existing office building located at 2000 Tower Oaks Boulevard. The Mayor and Council also approved a road code waiver for proposed Public Streets A, B, and C.
Master Plan
In their review of PJT2023-00015, the Mayor and Council found that the development proposal was not in conflict with the Plan. The subject property is located within Planning Area 12 - Tower Oaks. Several elements of the project application are compliant with goals, policies and actions outlined in the Planning Area 12 chapter of the City’s Comprehensive Plan. These compatibilities are:
• Addressing key concerns, including “Interest in minimizing adverse environmental impacts from development of remaining natural areas on forests, habitat fragmentation, and species displacement” and “Concern about the relatively slow pace of site development.” (page 367)
• “Foster sufficient market-rate housing development to provide housing affordable for the wide range of those who live, and wish to live, in Rockville.” (page 193)
• “Promote diversity in the supply of housing to meet market demand and the wide range of community needs and household incomes.” (page 198)
• “Allow new housing in locations where amenities and infrastructure already exist, and that are compatible with the existing neighborhood.” (page 200)
Additionally, the 2040 Plan calls for incorporating bicycle infrastructure in the project. The Applicant is proposing a buffered bike lane along Public Street A. This lane is separated from traffic by a striped buffer throughout the frontage of the project site, before it terminates into a “sharrow” north of the intersection of Public Street A and Public Street B. This bike lane also connects into the existing shared sidewalk and bike path along the south of the site.
Development Standards Waiver
The Applicant has submitted a request pursuant to Section 25.14.07.d.4 of the Zoning Code to waive the equivalent zone standards for building setbacks in the MXE zone. Section 25.13.05.b.1 requires the following setbacks for each of the proposed buildings within the Project:
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Setbacks |
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Applicability |
Public Right-of-Way Abutting |
Side |
Rear |
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Residential Land Abutting |
Non-residential Land Abutting |
Residential Land Abutting |
Non-residential Land Abutting |
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All Proposed Buildings |
None required. 10’ minimum if provided |
25’ or ½ the height of the building, whichever is greater |
None required. 10’ minimum if provided |
25’ or ½ the height of the building, whichever is greater |
None required. 10’ minimum if provided |
Instead, the Applicant has submitted the waiver to permit the following setback standards:
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Setbacks |
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Applicability |
Public Right-of-Way Abutting |
Side |
Rear |
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Residential Land Abutting |
Non-residential Land Abutting |
Residential Land Abutting |
Non-residential Land Abutting |
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Townhouses (55’ height) |
0’ |
0’ |
0’ |
0’ |
0' |
The Code states that the Approving Authority “may waive the application of one (1) or more of the development standards of the designated equivalent zone upon a finding that the Applicant has shown good cause as to why the development standards should not apply to any portion of the planned development project.” The Planning Commission must consider the following:
1. Whether the development standard of the equivalent zone is compatible with the completed portions of the planned development;
Two residential developments have been completed within the Tower Oaks Planned Development. The first, Villages at Tower Oaks is a townhouse residential development located north of Wootton Parkway. The second, Preserve at Tower Oaks, approved in 2017, is located east of the subject property on Preserve Parkway, and consists of 375 dwelling units, including 217 townhouses. Staff finds that the proposed setbacks are compatible with the completed portions of the planned development. The setback standards of the MXE zone would preclude the development of the proposed townhouses and would require detached dwellings on much larger lots. This would result in a low-density development that would be incompatible with previously approved Tower Oaks residential developments.
2. Whether applying the development standard of the equivalent zone is consistent with good planning and design principles;
Staff does not believe applying the MXE setback standards is consistent with good planning and design principles. Per the ‘Land Use Table’ from Section 25.13.03, townhouses are permitted within the MXE zone; however, if the MXE setbacks standards are strictly applied, the proposed townhouses (attached dwellings) would not be permitted. Staff relies on the Plan, in part, to guide development in the City. In this case, the Plan recommends additional housing within the Tower Oaks PD. There is a significant housing shortage in Rockville and Montgomery County and requiring strict compliance with the setback standards would result in a low-density development and significantly reduce the amount of housing units on the site.
3. Whether applying the development standard of the equivalent zone is reasonable and practically feasible. The cost of applying the standard may, but does not necessarily, demonstrate that applying the development standards of the equivalent zone is reasonable or practically feasible; and
Honoring the MXE zone setbacks would necessitate significant changes to the development proposal that would result in a reduction in the number of dwelling units, including most, if not all, of the MPDUs, as well as a reduction of proposed amenities like the community green and tot lot space that would be an asset to future residents. The reductions would render the project unfeasible.
4. Such other factor as the Approving Authority reasonably deems appropriate.
As noted above, applying the MXE zone setback standards would result in a reduction or elimination of key elements that the City encourages and that are beneficial to the community.
Adequate Public Facilities Standards
In their review of Project Plan Application PJT2023-00015, the Mayor and Council found that the proposed residential townhouse development complies with the City’s adequate public facilities standards. No further evaluations of adequate public facilities is required.
1. Schools - The property is served by the Richard Montgomery Cluster Area (Bayard Rustin Elementary, Julius West Middle School, and Richard Montgomery High School). The development is expected to generate 18 elementary school students, 10 middle school students, and 14 high school students. The 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 met the standards for the elementary and middle school levels and capacity at the high school level is slated to be adequate due to an approved CIP project that will reassign students among Gaithersburg HS, Richard Montgomery HS, Quince Orchard HS, Thomas S. Wootton HS, and Crown HS in Fall 2027.
2. Water and Sewer - In a letter dated July 11, 2023 (see Attachment ‘Water and Sewer Authorization’), the proposed development received Water and Sewer Authorization approval from the Department of Public Works (DPW) for connection to the City's water and sanitary sewer systems. The applicant will construct a network of water and sanitary sewer infrastructure to serve the development. The Water and Sewer Authorization letter lists project specific conditions of approval.
3. Traffic/Transportation - A limited in scope On-Site Transportation Report was prepared in accordance with the City’s Comprehensive Transportation Review (CTR) requirements. 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. The Mayor and Council found that (1) the proposed development 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. The proposed development will generate -202 AM peak hour and -410 PM peak hour trips because of the vested AM and PM peak trips (based on the previously approved development for the site consisting of 300 Room Hotel and 75,000 SF Fitness Club).
Parking Compliance
2200 Tower Oaks Boulevard
Parking for the proposed residential townhouse development will be provided for exclusively on the townhouse site, and the proposed parking meets the requirements of Section 25.16.03.d which provides that two vehicle parking spaces are required for each townhouse dwelling. Each townhouse will have a two-car garage. The garages will either be accessible through the front or the rear of the dwelling. Additionally, the front-loaded townhouses will have a driveway that may support parking for one extra vehicle. Furthermore, the Applicant is providing a total of 27 on-street visitor parking spaces on site, which are in excess of the code required parking.
Traffic and Transportation Review
The following provides a review and analysis related to the proposed townhouse development.
Site Analysis:
The proposed development is located along the east side of Tower Oaks Boulevard and the south side of an existing private street, proposed to be reconstructed as Public Road A, which currently extends from its signalized intersection with Tower Oaks Boulevard to a limited right-in/right out intersection with Wootton Parkway. The submitted plan proposes access to the residential townhouses be limited to a new right-in-only driveway on Tower Oaks Boulevard and one new full access driveway on Public Street A. A right in - right out access point, at the intersection of Alley A with Public Road A, was added at the request of Staff.
Access and Circulation:
(i) Passenger Vehicle: Vehicular access will be provided from Tower Oaks Boulevard and proposed Public Street A which will be improved to a secondary residential street with bike lanes on both sides between proposed Public Street B and Tower Oaks Boulevard. Vehicles will also be able to exit the site onto Public Street A via the recommended extension of Private Alley A. This will be limited to right turns only.
(ii) Heavy Vehicle (Trucks): The largest vehicle that will access the site is a fire truck. All deliveries, pick-ups, and trash service will occur on proposed roadways and alleys on an as-needed basis.
(iii) Visitor Parking: In addition to the provision of required parking under the current parking standards, the City generally recommends one guest parking space per two residential dwelling units with this condition to be met for front-loaded units and rear-loaded units separately. The condition is met for the front-loaded units within the driveways of each front-loaded unit. This condition is met for the rear-loaded units with on-street parking on Public Streets B and C and additional head-in proposed parking located on Private Alley C. A total of 27 on-street parking spaces and 29 additional provided parking spaces results in the provision of (56) visitor parking spaces or 0.68 visitor parking spaces per unit which exceeds the Department of Public Works (DPW) recommended minimum ratio of 0.5 space per unit.
(iv) Pedestrian Access: An existing 8’ wide path exists along the site’s frontage with Tower Oaks Boulevard. A 5’ sidewalk currently exists on the north side of the proposed Public Street A which will be maintained. A new 5’ sidewalk will be provided on the south side of Public Street A. The plan proposes 5’ sidewalks along both sides of Public Streets B and C. Additional 5’ sidewalks are also provided internally connecting the public use space to public streets.
(v) Bikeways: Per the Rockville Bikeway Master Plan a shared use path currently exists on the east side of Tower Oaks Boulevard. The Carl Henn Millennium Trail (shared use path) also exists on the north side of Wootton Parkway. With the proposed plan, the Applicant proposes to provide buffered bike lanes (5’ bike lanes with varying width buffer) on both sides of proposed Public Street A between Tower Oaks Boulevard and Public Street B. Shared Lane markings (i.e., “sharrows”) will be provided on Public Street A between Public Street B and Wootton Parkway because bike lanes cannot fit within the roadway cross section as it narrows to a 24-foot width.
(vi) Transit Access: The site is located approximately 1.35 miles from the Rockville Metrorail Station (which also provides access to MARC and Amtrak trains) and 1.75 miles from the Twinbrook Metrorail Station. An existing bus stop is provided along the Tower Oaks Boulevard frontage, which serves RideOn buses. There is also a corresponding bus stop on the opposite (west) side of Tower Oaks Boulevard.
Notifications of the Site Plan application were made consistent with City Code requirements. A post-application area meeting was conducted on January 23, 2024. Some of the topics discussed during the post-application area meeting include the expected average cost of the townhouses, traffic generation and impact to existing streets, proposed community green and play area, water demand and system capacity, whether additional recreational amenities are proposed within the greater Tower Oaks PD, and estimated length of construction.
As of the date of this report, staff has not received any communication on this application from any members of the public.
In accordance with Section 25.07.01.a.3(b) of the Zoning Ordinance, a site plan that implements all or a portion of an approved project plan is deemed to meet the findings of approval so long as the site plan complies with the conditions and requirements of the approved project plan and where the application will not:
1. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The project will replace an underutilized surface parking lot with a residential development that contributes to the City’s housing supply. The Applicant will incorporate design that is sensitive to the surrounding neighborhood and compatible with the existing residential developments within the Tower Oaks PD. The Applicant is providing a centrally located community green and included a tot lot at the request from the Mayor and Council that will benefit future residents. The project complies with all applicable ordinances that ensure the public welfare. Additionally, the project received unanimous approval from the Mayor and Council in which they found the project compliant with the City’s adequate public facilities standards.
Water and Sewer will be provided to the development consistent with the Water and Sewer Authorization letter dated July 11, 2023.
Stormwater Management (SWM) for this project will be provided in compliance with the attached Development SWM Concept approval letter, dated June 27, 2024 (see Attachment ‘Revised SWM Concept Approval Letter’). The Development SWM Concept approval letter lists project specific conditions of approval. On-site SWM is being provided by the applicant through the construction of a regional SWM pond and in a combination of Environmental Site Design (ESD) measures including planter box bioretention facilities and micro-bioretention facilities. The proposed regional SWM pond will be located on adjacent Parcel E and is subject to the terms and conditions of an agreement (“Amended and Restated Memorandum of Understanding - Tower Oaks Regional Stormwater Management Facility - 2019”) with the property owner (Tower-Dawson, LLC), including its potential use as a sediment control basin during site construction and dedication to the City of Rockville.
DPW reviewed and approved the adequacy of the existing downstream storm drain system in a Safe Conveyance Study approval letter, dated June 27, 2024 (Revision #2) (see Attachment ‘Revised Safe Conveyance Letter’). Staff has determined the storm drain system to have sufficient capacity to convey the proposed 10-year runoff from this project and thus would not be subject to deficiency mitigation as a result of the development.
2. 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 it to be consistent with the requirements. Although the Applicant is requesting a setback waiver from the MXE equivalent zone standards for good reason, the Applicant is complying with the remaining development standards as shown below.
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MXE (Mixed-Use Employment) Development Standards (Sec 25.13.05) |
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Maximum Height |
Min. Public Use Space |
Min. Open Area |
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Allowed / Required |
120 Feet |
20% |
5% |
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Proposed |
35 feet |
24.5% |
8.2% |
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Parking (Sec 25.16.03) |
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Land Use |
Rate |
Metric |
Count |
Required |
Provided |
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Townhouse Dwelling 3-BR or more |
2 |
Units |
82 |
164 |
220* |
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*Includes 164 required spaces, 29 drive-way spaces, and 27 on-street parking spaces |
The proposed land use is compatible with the uses identified in the land use table in the Zoning Ordinance for the MXE Zone and is also consistent with the Comprehensive Plan. The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.c (Special design regulations for individual mixed-use zones - MXE) will ensure thoughtful and sensitive design is utilized in this project.
The Zoning Ordinance requires 20% open space and 5% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly accessible location.
Additional bicycle parking will be installed at 2000 Tower Oaks Boulevard. This will bring the office building site to compliance with the Zoning Code requirement for long-term and short-term bicycle parking.
The Mayor and Council found that the development proposal is compliant with the CTR and that it will not substantively alter or change vehicular traffic flow movements in and around the site.
Newly constructed sidewalks and pedestrian elements within the right-of-way shall be fully accessible and comply with the criteria for accessible routes in the 2010 ADA Standards for Accessible Design. Where the running slope of a sidewalk exceeds 1:20, such sidewalk or portion thereof shall comply with the requirements for ramps found in §405 of the 2010 ADA Standards for Accessible Design. Conformance with building code and other requirements will occur at the time of permitting or other applicable process.
The Applicant will comply with the City’s MPDU Ordinance. Fifteen percent of the units, or 13 units, are proposed to be moderately priced. Out of the 13 MPDUs, four units will be at 50% area median income (AMI), another four will be at 60% AMI, and the remaining five will be at 80% AMI.
3. Be incompatible with the surrounding uses or properties.
The development is attractive, compatible and integrates well with the surrounding neighborhood. The project consists of 82 townhouses which will add to the housing stock within the Tower Oaks PD, as recommended by the Plan. Attractive and functional open and public use space is proposed in the form of a centralized community green and a tot lot play area. Upgrades to existing infrastructure in the form of pedestrian and bicycle access is proposed. The project is designed as a walkable community and is also surrounded by a robust multi-modal transportation network that provides ease of access to employment centers, food and shopping establishments, and public transportation. The development should integrate harmoniously within the Tower Oaks PD as it will utilize architectural features, massing and scale that is compatible with the other residential development in the Tower Oaks PD. The Property is currently improved with a driveway (Proposed Street A), surface parking lot and undeveloped land. The Project will construct modern stormwater management features to capture and treat nonpoint pollution as detailed on the Stormwater Management Concept Plan.
Conditions
Staff recommends approval of Level 2 Site Plan STP2024-00473 and approval of the waiver to the MXE Zone equivalent standards, based on the above findings and following conditions of approval:
Development and Zoning
1. Applicant must fully comply with the conditions of Project Plan PJT2023-00015 approval as outlined in Resolution No. 15-23.
2. Applicant must address all comments provided by staff on April 24, 2024, or coordinate a response to comments acceptable to staff, at the time of the level 2 site plan signature set.
3. 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.
4. The proposed development will be designed and constructed in a manner consistent with the design, graphic conceptual representation, and all associated development tables included in the approved Level 2 site plan signature set.
5. The bicycle parking spaces for the office building at 2000 Tower Oaks Boulevard must be installed consistent with the approved site plan signature set prior to occupancy of the first townhouse.
6. The applicant shall submit, for review and approval by the Planning Commission, of final record plat applications that will dedicate streets to public use and create new lots for the project.
Forestry
7. An Amendment to Final Forest Conservation Plan, FTP2001-00005, must be approved by the city prior to the release of any building, forestry, or DPW permits associated with the proposed development, and associated site plan.
a. The Amended FCP shall be generally consistent with the underlying Site Plan, STP2024-00463.
b. The Amended FCP must comply with Chapter 10.5 of the City Code, Chapter 25 of the City Code, in addition to other applicable requirements.
c. The applicant must adhere to any conditions of approval, as required by the Amended Forest Conservation Plan approval.
d. In addition to compliance with applicable codes, the following specific directives must be followed unless modified by the City Forester:
i. Ensure tree plantings meet minimum spacing requirements:
1. Shade trees and large evergreens spaced 20 feet apart
2. Ornamental trees and small evergreens spaced 15 feet apart
3. Spacing may vary based on the discretion of the city, dependent on the growth habit of tree species and cultivar
4. 10 feet from wet and dry utilities, except when under streets
5. 15 feet from streetlights and driveways (DPW to provide requirements for sight distances and signage)
6. 10 feet from inlets
7. Shade trees and large evergreens shall be spaced a minimum of 7 feet, and ornamental and small evergreens to be spaced a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller)
8. Street trees may be planted over stormwater conveyance pipes with a minimum of 4 feet of cover and behind curb
9. Trees planted to meet Chapter 10.5 or other requirements, may not be located within existing or proposed easements (excluding forest conservation easements)
ii. Amended Forest Conservation Plan shall meet the following requirements:
1. Use current city tree tables
2. Use current city FTPO notes and details
3. Ensure plan does not contain overwrites and is prepared per the general structure requirements for FCP’s
4. Soil augmentation per the city’s standard notes will be required prior to installation of new trees within existing green space or where pavement was previously located
8. Prior to signature site plan approval, the applicant must submit a landscape plan for the subject property consistent with all city requirements.
9. The applicant is required to obtain a forestry permit prior to forestry sign off on any sediment control permit or building permit associated with the site plan. The following items are required before issuance of the forestry permit:
e. Submission of forestry permit application and fee
f. Applicant must pay applicable amount of approved fee-in-lieu
g. Approval of Amended Forest Conservation Plan
h. Applicant must execute and record a Forest Conservation Easement and Declaration of Covenants
i. Applicant must execute a 5-year Warranty and Maintenance Agreement in a form suitable to the city
j. The applicant must install permanent forest conservation protection signage adjacent to any preserved forest (on or immediately adjacent to the subject property), consistent with standard City details
k. Applicant must obtain Roadside Tree Permits for any work in the public ROW.
DPW - Engineering
10. Submission for review, approval, and permit issuance by DPW of the following detailed engineering plans, studies and computations, appropriate checklists, plan review and permit applications and associated fees. The following plans shall be submitted on 24”x36” City base sheets at a minimum scale of 1”=30’ unless otherwise approved by DPW.
a. Sediment Control Permit (SCP) - Submit Erosion and Sediment Control plans for all disturbed areas;
b. Stormwater Management Permit (SMP) - Submit Stormwater Management plans for on-site stormwater management;
c. Public Works Permit (PWK) - Submit plans for all off-site improvements and for work within the proposed public rights-of-way, including the proposed dedication of Street A, within the Tower Oaks Boulevard and Wootton Parkway rights-of-way, and within any existing or required public easements. DPW will also review, approve and permit the construction of private improvements in alleys through the PWK, including applicable fees.
11. The pond adjacent to the project is subject to an existing agreement with the City titled, “Amended and Restated Memorandum of Understanding - Tower Oaks Regional Stormwater Management Facility - 2019” (“Amended MOU”) recorded in the Montgomery County Land Records at Book 62479 Page 410. The Owner and/or Applicant shall obtain all City, State and Federal approvals and permits as may be necessary to operate the Interim Use Pond as a sediment basin during construction, if used as such. The Owner shall subsequently convert the Interim Use Pond, or sediment control basin, as the case may be, into a regional stormwater management wet pond facility upon completion of all proposed development construction within Development Area 4. The information and applications to be submitted shall include, but not be limited to, NRI/FSD, topographic survey, assessment and restoration of outfall stabilization measures, site plan amendment, dam safety, floodplain, and hydraulic and hydrologic computations.
12. Submit for review, approval and authorization by the Maryland Department of the Environment and U.S. Army Corps of Engineers a Joint Permit Application, as/if required, for all proposed impacts to wetlands and waterways, including temporary impacts during construction, and for the construction of the sediment basin/stormwater management pond embankment, including dam safety approval. DPW permits will not be issued until all required permits and authorizations from the appropriate state and federal agencies with jurisdiction are received.
13. In accordance with Chapter 10 of the Code, submit for review and approval all necessary supporting information to obtain any necessary floodplain variances and/or floodplain permits.
14. Submit a maintenance of traffic plan to be reviewed, approved and permitted by DPW with the PWK permit and detailing pedestrian access, construction access, staging and parking. The maintenance of traffic plan for the construction period shall include, but not be limited to, the methods of maintaining pedestrian safety and access on existing sidewalks, temporary closing of sidewalks for work in the streetscape zone, and pedestrian detours. Long-term closures of the existing shared-use path on Tower Oaks Boulevard will not be permitted. Vehicular and pedestrian access to all adjacent properties must be maintained during construction.
15. Prior to issuance of any DPW permit and prior to the recordation of a Final Record Plat, the Applicant must submit for review and approval by the Office of the City Attorney all necessary deeds, easements, agreements, dedications, and declarations necessary for implementation of the site plan. Drafts of the language for these documents must be included with the first resubmission of the engineering plans and must be recorded prior to issuance of DPW permits, unless otherwise allowed by DPW. All dedicated easements must be referenced on the Final Record Plats.
16. Prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat, the Applicant must secure the termination or abandonment of all existing easements as necessary for the construction of the development, including all easements located in proposed rights-of-way. Termination or abandonment of such easements must be evidenced by recordation of a deed of termination or abandonment in the Montgomery County Land Records. Abandonment or termination of any easement granted to the City must be approved by the Mayor and Council of Rockville, and prior to recordation, any deed of abandonment or termination of an easement granted to the City must be reviewed and approved by DPW and must be in a form approved by the Office of the City Attorney.
17. If the Applicant proposes work within any easements that are held by entities other than the City and that are not proposed to be terminated or abandoned, the Applicant must demonstrate to DPW’s satisfaction that the Applicant has the authority to undertake such work prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat.
18. Applicant shall execute a Revocable License and Maintenance Agreement for the shared maintenance of Stormwater Management Facilities located within the public right-of-way. The agreement must be executed by the property owner and other parties of interest and submitted for review and approval by DPW and the Office of the City Attorney. The Revocable License and Maintenance Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records prior to DPW issuance of a Stormwater Management Permit for these facilities.
19. The existing private access drive (Street A) shall be conveyed to the City through right-of-way (ROW) dedication on a Final Record Plat. Prior to City acceptance for maintenance, the Applicant shall identify all existing improvements as either to be conveyed to the City for public ownership and maintenance, to be abandoned and removed, or to remain under private ownership and maintenance. The right-of-way and improvements to be conveyed to the City must be inspected, as-built surveyed and their condition evaluated to ensure they meet City standards and specifications, except as such standards and specifications were modified by the Road Code Waivers granted by Mayor and Council Resolution No. 14-23, or as may be modified administratively by approval of the Director of Public Works. If, at the sole discretion of the Director of Public Works, the improvements to be conveyed to the City are deemed substandard or inconsistent with approved waivers, they must be mitigated or replaced before the improvements and the corresponding ROW are accepted for public maintenance and use.
20. The owner of 2000 Tower Oaks Boulevard shall execute a Revocable Right-of-Way Agreement for the private maintenance of existing private improvements that will remain within the dedicated Street A public right-of-way. The agreement must be executed by the owner of 2000 Tower Oaks Boulevard and submitted for review and approval by DPW and the Office of the City Attorney. The Revocable Right-of-Way Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records prior to DPW issuance of a Public Works Permit for the Street A right-of-way.
21. Applicant shall grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and grant a 1’ Public Improvement Easement (PIE) adjacent to public rights-of-way for maintenance of public sidewalks. Any deviation from the location of the PIE must be approved by the Director of Public Works. The PAE and PIE must be reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and must be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit.
22. The Applicant must post sureties in a form approved by the Office of the City Attorney for all permits based on the approved construction estimate. A separate surety is required for private improvements within the alleys permitted through a PWK. Approval of sureties is coordinated through DPW staff. Sureties for all public infrastructure must be submitted and approved prior to recordation of plats dedicating right-of-way.
23. PWK permits for public improvements within the proposed rights-of-way will not be issued prior to the recordation of the plats dedicating all necessary right-of-way to the City.
24. PWK permits must be issued for public infrastructure prior to the issuance of any building permits.
25. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated June 27, 2024.
26. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated June 27, 2024.
27. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated June 27, 2024.
28. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated July 11, 2023.
29. Location of dry utilities shown on the Site Plan is conceptual. Unless otherwise approved by the Director of Public Works, the final layout of the dry utilities shall not impact the locations of the proposed storm drain, water, sanitary sewer, SWM facilities, street trees and other public improvements.
30. In the event of any conflict between the conditions of this approval and the provisions and requirements of the Amended MOU, the provisions and requirements of the Amended MOU shall take precedence and control.
31. Prior to issuance of any sediment control permit for the project, the Applicant may pursue approval of an alternate Preliminary Sediment Control Plan that utilizes on-site sediment traps in lieu of converting the Interim Use Pond to a sediment basin. Any site plan modifications resulting from this potential replacement Preliminary Sediment Control Plan shall be instituted administratively if allowed under Section 25.05.07 (Amendments to approved development). Such alternate approval would supersede and replace any conflicting conditions of this approval.
DPW - Traffic and Transportation
32. In accordance with the approved road section and along the dead-end segment of the proposed Street B and per the requirements of Chapter 21 for residential streets, the applicant must show on the signature set and with Street B construction shall construct sidewalk (min. 5-foot wide) around the dead-end portion.
33. The final signing and marking plan, incorporating proposed Private Alley C as one-way alley from proposed Public Street C to proposed Private Alley B, shall be submitted for staff review and approval with the site plan signature set.
34. The final traffic signal plan, with wiring diagram, for the modification to the traffic signal at the intersection of Public Street A and Tower Oaks Boulevard shall be reviewed and approved as part of the Public Works Permit.
Housing
35. The applicant is providing 15% of the total units as MPDUs unit. 13 MPDU units are income tiered at three income bands-50%, 60% and 80% of AMI (4 units at 50% AMI, 4 units at 60% AMI, and 5 units at 80% AMI).
36. The MPDUs must have exterior finishes that are indistinguishable from the market rate units.
37. All MPDUs must have a minimum of 1,200 square feet of habitable space and must include at least 3 bedrooms, 2 bathrooms, and space for 2 cars on each property. Two car spaces must meet parking space requirements.
38. The applicant must provide the list and location (site map) of all the MPDU units as shown on the approved plans.
39. Any revisions to these locations will be subject to the approval of the Department of Housing and Community Development. Any changes to the location will be subject to an amendment of the MPDU Deed of Declaration of Restrictive Covenants, depending on the timing of the change.
40. MPDU Sales Offering Agreement and MPDU Deed of Declaration of Restrictive Covenants and Conditions must be approved in a form approved by the Mayor and Council and by the Office of the City Attorney before issuance of any building permit. To obtain a building permit, the applicant must submit to the Division of Inspection Services, with the application of a permit, a written MPDU agreement approved by the Mayor and Council that provides the required number of moderately priced dwelling units.
41. The HOA Fee must not exceed 50% of the HOA fee of market rate units.
Publicly Accessible Art in Private Development
42. The Publicly Accessible Art in Private Development requirement applies to this project.
43. Prior to issuance of a building permit, applicant must complete and provide an application and required attachments including a final plan. The Publicly Accessible Art in Private Development application, implementation manual, and ordinance can be found here: <https://www.rockvillemd.gov/2081/Publicly-Accessible-Art>