Subject
title
Major Site Plan Amendment Application STP2024-00488 and Nonconforming Alteration Approvals, to Reestablish Georgetown Hill School and Woodley Gardens Pool, including a Waiver from the Landscape, Screening and Lighting Manual in the R-90 (Single Unit Detached Dwelling, Restricted Residential) Zone at 850 Nelson Street; Woodley Waves, LLC., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Major Site Plan Amendment Application STP2024-00488 as well as approval of the nonconforming alteration requests and the landscape waiver, based on the findings and conditions of approval contained in this report.
Overview
Case: Major Site Plan Amendment STP2024-00488 - Georgetown Hill School at Woodley Gardens/Woodley Gardens Pool
Location: 850 Nelson Street
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: Woodley Waves, LLC |
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Filing Date: April 16, 2024
Meeting
Date: October 9, 2024
Woodley Waves, LLC (the “Applicant”) has filed this major site plan amendment application to implement Special Exception applications SPX2024-00408 and SPX2025-00409, which reestablished and modified operations for Georgetown Hill School, a private educational institution, and Woodley Gardens Pool, a non-accessory swimming pool, after a fire casualty and subsequent school demolition. Both the school and pool will co-locate in one building and the Applicant will complete several building and site enhancements as detailed further in the report.
The Applicant is seeking Nonconforming Alteration Approvals for impervious surface area in the front yard and vehicle parking requirements in accordance with Section 25.08.08 (Nonconforming alteration approval) of the Zoning Code which states that the Planning Commission review is required for the following:
a. Expansion, modification, or structural alteration of a structure or premises occupied by a nonconforming use other than a detached or semi-detached single unit dwelling, and/or
b. Any change to a nonconforming building or structure in compliance with the requirements of Sections 25.08.06 or 25.08.07 that involves a physical change to the exterior part of the building or structure that is nonconforming.
Additionally, the Applicant is requesting a waiver of the parking facility buffering/screening requirements pursuant to Section 4.d.3(c) of the Landscaping, Screening, and Lighting Manual.
The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan, waiver request and nonconforming alteration as outlined in 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 special exception, nonconforming alteration, and waiver requests.
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Location: |
850 Nelson Street (the “Property”) |
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Planning Area: Land Use Designation: |
Planning Area 5 - Woodley Gardens and College Gardens OSP - Open Space Private |
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Zoning District: |
R-90 (Single Unit Detached Dwelling, Restricted Residential) |
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Existing Use: |
Private Educational Institution and Non-Accessory Swimming Pool |
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Proposed Use: |
Private Educational Institution and Non-Accessory Swimming Pool |
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Site Area: |
140,515 square feet or 3.23 acres |
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Building Height: |
35 feet maximum |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
R-75 |
RD - Residential Detached |
Single Unit Detached Dwellings |
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East |
R-90 |
RD - Residential Detached |
Single Unit Detached Dwellings |
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South |
Park |
P - Public Park |
Park/Open Space |
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West |
Park |
P - Public Park |
Park/Open Space |
Aerial Map
The Property is located on the south side of Nelson Street between Azalea Drive to the west and Aster Boulevard to the east. The Property is 3.23 acres and is comprised of a single lot described as being Lot 6, Block D, of the Rockville Estates subdivision. Primary access is via two existing driveways along Nelson Street. The Property is currently improved with an existing one-story, 4,150 SF club/pool house building, swimming pool and related features, and the foundation of the former school building demolished after a fire casualty. The building is set back approximately 100 feet from the front property line. A 67-space surface parking lot is located on the eastern portion of the site. The Property has an expansive front lawn with a circular driveway and has various trees and plantings dispersed throughout. A walkway extends from the public sidewalk along Nelson Street to the circular drive, providing pedestrian access to the building. The Property is generally flat with a gentle slope throughout. The southwest corner of the Property is encumbered by an existing gas easement that extends well beyond the property; however, the easement does not affect any part of the existing or proposed development.
Project Description
The Applicant proposes to resume the co-location of Georgetown Hill School and Woodley Gardens Pool at the Property by modernizing the existing pool house’s façade and interiors, constructing a school addition, and updating the parking, site circulation and landscaping (the “Project”).
The existing club/pool house building will be expanded from 4,150 square feet to 6,225 square feet and a new 9,665 square foot addition will be constructed. The total size of the building will be 15,890 square feet and house both Georgetown Hill School and Woodley Gardens Pool. The Applicant anticipates that the school will utilize 13,700 square feet and the community swimming pool will utilize 2,190 square feet of the building’s area. The new building will be approximately 6,430 square feet larger than the building on the Property prior to the fire casualty. The building will be one-story and comply with the maximum height requirement. The school portion of the building will include a reception area with an administration office and staff area, ten (10) classrooms, and an all-purpose room. The renovated club/ pool house will be expanded at the rear and include an entrance desk, separated changing rooms, bathrooms, and shower rooms, a lifeguard office, snack bar, utility room and outdoor showers.
Exterior modifications to the pool deck are proposed; however, the main pool and small kids’ pool will remain unchanged. Two fenced outdoor play areas will be added behind the proposed building for use by the school children.
Both the parking lot and front circular driveway will be modified. The parking lot will be reconfigured to accommodate 57 parking spaces, landscaped parking islands, and two-way drive aisles. The driveway will be improved to accommodate nine parallel parking spaces, a space for emergency access and a pedestrian crosswalk. Bicycle parking, consistent with City requirements, is proposed. A total of eight long-term bicycle parking spaces and 26 short-term bicycle parking spaces will be installed to the west and in front of the building.
Site Plan
• Special Exception S-54-62 was approved in the early 1960s and established a swim club on the Property.
• The Board of Appeals approved Special Exception S-197-73 on November 10, 1973, to operate a private educational institution (Day Nursery and Kindergarten) on the Property. The Property was zoned R-S (Residential Suburban).
• The Board of Appeals approved Special Exception S-1-75 on July 8, 1981, to expand building facilities and increase the number of children enrolled at an existing private educational institution on the subject site. The Property was zoned R-90 (Single Family detached, Restricted Residential).
• The Planning Commission approved Use Permit U-29-76 on March 31, 1976, to construct a 1,054 square-foot building addition for use as classrooms.
• The Board of Appeals approved Special Exception S-58-79 on March 3, 1979, to re-establish a private educational institution (day care and kindergarten) at the Property.
• The Board of Appeals approved Special Exception SPX98-00274 on March 6, 1999, to establish and operate Georgetown Hill School, a private educational institution. The maximum enrollment at the school was 76 children, with a maximum of 58 children allowed on site at any one time. The school’s hours of operation were limited to weekdays between 7:00 a.m. to 7:00 p.m.
• The Board of Appeals approved Special Exception SPX2000-00286 on June 3, 2000, to modify SPX98-00274 condition of approval #3. The Board of Appeals allowed the hours of operations between 7:00 a.m. and 7:00 p.m. throughout the entire year and maintained all other conditions of approval imposed under SPX98-00274.
• The Board of Appeals approved Special Exception SPX2000-00296 on March 3, 2001, to modify condition of approval #2 imposed on SPX98-00274 to permit an increase in maximum enrollment from 76 children to 96 students and increase the maximum number of children allowed on site at any time from 58 children to 78 children. The Board of Appeals also approved construction of a new classroom addition onto the existing day care operation.
• The Planning Commission approved Use Permit USA1976-0029A on July 11, 2001, to construct a new classroom building addition to accommodate an increase in enrollment from 78 to 96 students.
• The Board of Appeals approved Special Exception SPX2005-00363 on July 8, 2006, to construct a new classroom building addition and increase the number of children from 96 to 123 students, with a maximum of 105 children allowed on site at any one time.
• Use Permit Amendment USA1976-0029B was approved on July 2, 2007 by the Chief of Planning, to allow for the construction of a 2,300 square-foot addition.
• Special Exception Minor Modification SPX2014-00388 and Minor Site Plan Amendment STP2014-00207 were approved on May 14, 2014 by the Chief of Planning, to allow the construction of a one story, 741 square-foot addition and complete parking site improvements.
• Special Exception Major Modification SPX2024-00408 was approved by the Board of Appeals on May 15, 2024. The approval re-established and modified Georgetown Hill School operations and increased student enrollment to 198 students.
• Special Exception Minor Modification SPX2025-00409 was approved in October 2024 by the Chief of Zoning, to modify the existing pool house building and pool deck.
Zoning
The Project was reviewed for compliance with all applicable zoning requirements, and aside from the standards related to the nonconforming alteration requests and the landscape waiver, staff finds the Project compliant.
Private educational institutions and non-accessory swimming pools are both permitted land uses in the R-90 Zone with approved special exceptions. As mentioned previously, a swim club was first authorized to operate in the early 1960s and a private educational institution use was later authorized in 1973. More recently, the Board of Appeals and the Chief of Zoning, through their review of Special Exception Applications SPX2024-00408 and SPX2025-00409, determined that the proposed uses met the special exception requirements and findings for each use. Both uses have been operating at the site since their original approvals, and although modified to implement operational changes, the use and character of the Property remain the same.
Comprehensive Plan
The Property is located within Planning Area 5 and is specifically identified as Focus Area 1 within the planning area. The description of the focus area calls for potential changes to the use of the Property, if and only if, the prior functions of a private recreational amenity and educational institution cease operations. Since the Applicant is proposing to continue the existing uses, these clauses of the Comprehensive Plan are not applicable to this application. As a result, staff found the Project to be consistent with the vision, goals and policies of the Comprehensive Plan. Additionally, the proposed building addition will be compatible with the existing club/pool house and surrounding neighborhood.
Nonconforming Alteration Requests
Maximum Impervious Surface in Front Yard
Section 25.10.05.a of the Zoning Ordinance provides development standards to which every property within a single dwelling unit residential zone must adhere. For properties zoned R-90, such as the subject Property, the maximum allowed impervious surface in the front yard is 30 percent. Impervious surfaces include driveways, parking areas and sidewalks. In the case of the Property, the existing impervious surface in the front yard is 41.3 percent and has existed since the private educational institution was first established on the Property. If the Project is Approved as requested, the impervious surface area in the front yard is expected to decrease from 41.3 percent to approximately 40 percent. Although the imperviousness is proposed to decrease, the Applicant requests approval of this nonconforming alteration as the impervious area is proposed to be altered with this request. Additionally, Section 25.10.05.d states that the approving authority for site plan applications may waive the impervious surface requirements if it finds that such a waiver will reduce impacts of paved areas on adjoining residential uses, provide more efficient on-site traffic circulation, or address practical difficulties. Staff finds that the request is consistent with these provisions.
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Impervious Surface in the Front Yard |
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Existing Impervious Area |
Proposed Impervious Area |
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Front Yard Area |
52,222 SF |
52,222 SF |
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Front Yard Impervious Permitted |
30% Maximum (15,667 SF) |
30% Maximum (15,667 SF) |
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Front Yard Impervious |
41.3% (21,592 SF) |
40% (20,938 SF) |
Parking
Section 25.16.03.d of the Zoning Code provides the minimum number of vehicle parking spaces required for each land use. Based on the capacity and operations of the two uses on the site, the development is subject to the following parking requirements:
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Use |
Rate |
Development proposal |
Required # of Spaces |
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Private Educational Institution |
1 space per 2 employees including teachers and administrators |
35 employees including teachers and administrators |
17.5 (or 18) |
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Non-accessory swimming pool |
1 space per 7 persons of the legal capacity of the pool |
406 persons |
58 |
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1 space per 2 employees |
6 |
3 |
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Total |
79 |
A total of 79 parking spaces are required for this Project. However, a total of 66 parking spaces are proposed. The Applicant seeks a waiver to reduce the total parking requirement by 13 spaces under the provisions for non-conforming alterations of the Zoning Code.
Per Section 25.08.08 of the Zoning Code, nonconforming alteration approvals require review by the Planning Commission. The Commission may issue an approval only if all of the following findings are made:
i. There exists documentation of the existence and extent of the nonconforming zoning status of the use or development standard.
The impervious surface area improvements in the front yard including the circular driveway, sidewalks, and parking lot have exceeded the maximum requirement since at least 1999 as demonstrated through the approved plans for SPX1998-00274. However, in their request, the Applicant states that the front yard impervious area has existed since at least 50 years when the school was first authorized on the Property. It is evident that the City of Rockville previously authorized the improvements in the front yard based on past approvals and existing site conditions.
ii. The proposed nonconformity alteration does not exceed that amount reasonably necessary to accomplish the purpose of the structural alteration expansion, or enlargement as permitted by subsection 25.08.06b.3(b).
The Project will not enlarge the impervious area in the front yard, but rather decrease the imperviousness in the front yard. The school building reconstruction and pool house expansion will not affect the existing nonconformity since neither will be expanded towards the front yard. The Applicant will replace existing impervious area with landscape islands thereby reducing the impervious area while enhancing the appearance of the front yard. If additional vehicle parking were added on the Property to comply with the Zoning Code requirements, the only feasible location to place the parking would be in the front yard. This expansion of asphalt would further increase the impervious area in the front yard causing a larger nonconformity.
iii. The proposed nonconforming alteration is compatible with the general character of the surrounding neighborhood or zone.
The proposed alteration is compatible with the general character of the surrounding neighborhood as the impervious improvements in the front yard have existed for decades and are familiar to the neighborhood. During the area meetings, community members mentioned they enjoy the appearance of openness that the front lawn provides. Through this Project, the Applicant proposes to further enhance the front yard by replacing impervious surface areas with green islands for plantings and trees.
iv. The proposed nonconforming alteration will not have negative impacts on the public health, safety, aesthetics, and welfare of the nearby properties.
The Project has been reviewed for compliance with City codes that ensure public health, safety, aesthetics, and welfare of nearby residents and the nonconforming alteration will not have negative impacts. Impervious improvements proposed in the front yard such as sidewalks and stormwater structures are being installed to ensure public health and safety. As mentioned previously, additional planting will be provided in the front yard which should increase the Property’s visual appeal.
v. The proposed nonconforming alteration will be consistent with the purpose and intent of the zone in which the property is located and of the plan.
Section 25.10.01 (Single Dwelling Unit Residential Zones - Purpose) states that the purpose of the R-90 and other residential zones “is to promote a suitable environment for residential living through the provision of recreational, religious, and educational facilities as basic elements of a balanced neighborhood.” The Project seeks to re-establish the co-location of a Georgetown Hill School, an educational facility, and Woodley Gardens Pool, a recreational amenity for the community. The impervious surfaces in the front yard mainly consist of the circular driveway, parking lot, and pedestrian sidewalks which are all necessary for the uses to operate on the Property. The Applicant worked to minimize the impacts to the front yard and has been able to reduce the impervious surface in the front yard from 41.3% to 40%.
vi. For nonconforming alteration approvals that trigger conformance with current parking requirements pursuant to Article 16, the Planning Commission may waive the current parking requirement and allow the maintenance of the existing nonconforming parking status through the grant of the nonconforming alteration approval, if the Commission finds that:
a. It is not practicable to provide the required parking onsite in a manner that preserves neighborhood character;
b. Preserving the nonconforming parking status is the best solution to provide consistency with the goals, policies, and intent of the plan.
In evaluating the request, staff agree with the Applicant that it is not practicable to provide 13 additional parking spaces anywhere else on the Property other than the front yard. Installing asphalt pavement in the front yard will further increase the nonconformity and decrease green area, part of the front lawn, and trees. Removing green space to accommodate additional parking would not be recommended. The Property is located within Planning Area 5 of the Comprehensive Plan which is a predominantly residential and open space neighborhood. Surface parking is not typical in residential and open space neighborhoods and is limited when it exists. Some of the Comprehensive Plan’s recommended goals and policies for Planning Area 5 include a desire to maintain and continue to improve the residential quality of life and maintain a private community amenity on the Property. Waiving the 13 parking spaces would help maintain the residential character and appearance of open space.
The Applicant prepared a parking demand study that analyzes the co-located parking demand for both the school and community swimming pool on a monthly basis and on an hourly basis during the peak demand week of the year. The projections take into account the increase in school capacity, as approved by the Board of Appeals in their approval of SPX2024-00408. The study demonstrates the following points:
• On weekdays, the school has approximately 198 users/visitors during the typical academic school year. The number of people utilizing the school is less during the summer months.
• The pool has the most users/visitors (between 200 and 406) people during the weekend summer months. Between 100 and 300 people may utilize the pool during the weekday summer months.
• The Property has the most users/visitors between May 28th and September 24th with approximately 290 and 441 people between the two uses.
• The maximum number of parking spaces utilized on a daily basis was 62 during the weekends between June 25th and July 30th.
• The peak parking demand is on a weekday during the third week in June.
• The peak parking hour on a weekday during the third week in June is 4 PM when 44 parking spaces are used.
The proposed parking reduction of 13 parking spaces should not affect the uses on the Property or the surrounding neighborhood as proposed 66 parking spaces appear to be sufficient as demonstrated in the parking demand study.
Landscaping, Screening, and Lighting Manual Waiver Request
The Applicant has applied to waive certain requirements of the Landscaping, Screening, and Lighting Manual. With the request, the Applicant has submitted a letter of justification (see ‘Landscape Waiver’ attachment). Staff supports the Applicant’s request for waiver, based on the justification and required findings articulated in the Applicant’s justification.
The Applicant, pursuant to Section 4.d.3(c) of the Landscaping, Screening and Lighting Manual, seeks waivers from Sections 4.d.2(b) and (d) of the Manual requiring certain perimeter landscaping and parking island dimensions for internal landscaping of the surface parking lot. The Manual requires a seven-foot-wide landscaping strip planted with one shade tree and 15 shrubs for every 40 feet and a landscape berm, where possible. The Manual requires parking islands parallel to parking spaces to be a minimum of nine feet wide and ten feet long. Parking islands at the head of parking spaces must be ten feet wide. The Site Plan application involves retrofitting an existing parking lot, with minimal changes to the parking lot itself. Due to the existing configuration of the parking lot, which existed prior to 2003 (before adoption of the Landscape, Screening, and Lighting Manual), the placement of ADA compliant spaces, and safe pedestrian access, it is not feasible to meet the minimum 7’ buffer requirement, nor the minimum parking island dimensions. The existing parking lot converges toward the side property line, resulting in a section of landscape buffer less than 7’ wide.
Since the Applicant is retrofitting an existing parking lot and is providing significant landscaping within and adjacent to the lot, staff supports the request for a waiver, as articulated in the Applicant’s justification and findings (see ‘Landscape Waiver’ attachment).
Notifications of the application were made consistent with City Code requirements. Most recently, a post-application area meeting for the development proposal was conducted on May 16, 2024. Seven community members participated. One of the main topics discussed by community members during the post-application area meeting included concern over the reduction in the pool deck area and the effect the reduction could have during swim meets. Both the community and the Applicant are vested in this project and committed to the success of both uses on the site. There was support to continue discussions between the pool and the school to find solutions that work for both.
In past area meetings, there was strong community support and excitement for the project. There was also interest in keeping the Property’s visual appeal and reducing impervious coverage in the front yard.
As of the date of this report, staff has received two emails on this Project from members of the public. The main concerns expressed in the emails are related to those expressed during the area meeting. Additionally, there was concern about the location of the outdoor showers and the size of the shower rooms.
In accordance with Section 25.07.01.a.3(c) of the Zoning Ordinance, a site plan that implements all or a portion of an approved special exception is deemed to meet the findings of approval so long as the site plan complies with the conditions and requirements of the approved special exception and where the application will not:
1. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The Applicant intends to improve land uses that have been authorized on the Property since the 1960s and 1970s, respectively. Both the swimming pool and school uses are cherished by the community as demonstrated during the area meetings for the Project. The pool house building will be expanded and modernized with new exterior and interior improvements. The former school will be reconstructed and will be operational once again after a fire casualty in 2019. The Applicant will incorporate architectural design that is sensitive to the surrounding neighborhood. The Project is expected to improve upon the existing site features and should provide the neighborhood an amenity in the community swimming pool. The Applicant is also limiting impacts to the front lawn which is a site feature appreciated by the neighborhood. Improving the neighborhood’s quality of life is one of the goals of the Comprehensive Plan for this area and the Project helps achieve the goal. Staff find that the project complies with all applicable ordinances that ensure the public welfare is maintained.
2. Adversely affect the natural resources or environment of the City or surrounding areas;
Stormwater Management (SWM) for this project will be provided in compliance with the Development SWM Concept Approval Letter, dated September 9, 2024. 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 Environmental Site Design (ESD) measures including graded and planter box micro-bioretention facilities. The Department of Public Works (DPW) reviewed and approved the adequacy of the existing downstream public storm drainage system in a Safe Conveyance Study Approval Letter, dated September 9, 2024. Staff has determined the storm drain system to have sufficient capacity to convey the proposed 10-year runoff from this project but identified mitigation requirements to improve the stability of existing outfalls.
Erosion and Sediment Control for this project will be provided in compliance with the Preliminary Erosion and Sediment Control Approval Letter dated August 21, 2024.
The property is not within a historic district and has no potential historic resources on site.
Forestry
This project must meet all requirements of Chapter 10.5 of the city’s Forest and Tree Preservation Ordinance in addition to any additional City or State requirements.
The city approved a Natural Resource Inventory/Forest Stand Delineation (NRI/FSD, see ‘Approved NRI_FSD’ attachment) on May 31, 2022 (FTP2007-00012). Per the approved NRI/FSD, there is no delineated forest on-site. As of September 16, 2024, the city completed a 3rd review of an amended Final Forest Conservation Plan (FFCP, see ‘Amended FFCP’ attachment). The amended FFCP is currently pending a resubmittal. Staff anticipate approving the plan on the next submission.
Forest Conservation
The amended FFCP does not show any removal of forest. The applicant is subject to an afforestation requirement of .48 acres under this amendment of the FFCP. The amended FFCP complies with all elements of the original FFCP.
Significant Trees
The amended FFCP currently shows the removal of six significant trees on site, resulting in a replacement requirement of ten trees per Chapter 10.5.
Street Trees
The amended FFCP currently does not show any removals or impacts to existing street trees. The applicant has agreed to provide street trees within the Nelson Street right of way (ROW). The applicant is proposing to plant thirteen Cherry trees within the ROW. Currently, there are no existing street trees within the Nelson Street ROW.
3. 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 alternative nonconforming approvals, the Applicant does comply with the remaining development standards as shown below.
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Development Standards (Sec. 25.10.05.a, Sec. 25.15.02.f, and Sec. 25.15.02.o) |
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Required |
Proposed |
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Area |
3.23 acres |
3.5 acres |
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Lot Width at Front Setback |
80 feet |
495 feet |
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Width at Front Lot Line |
200 feet |
497 feet |
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Front Setback |
50 feet |
100 feet |
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Side Setback (where land abuts) |
31 feet |
133 feet |
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Rear Setback |
50 feet |
53 feet |
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Maximum Height |
35 feet |
35 feet |
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Maximum Lot Coverage |
25% |
11.3% |
The proposed land uses are compatible with the uses identified in the land use table in the Zoning Ordinance for the R-90 Zone (with special exception approvals) and are also consistent with the Comprehensive Plan. The Project comports with the additional requirements under Sections 25.15.02.f (Special Exception requirements for Private Educational Institutions) and 25.15.02.o (Special Exception requirements for Non-accessory Swimming Pools). The Board of Appeals, in their approval of SPX2024-00408, and the Chief of Zoning, in their approval of SPX2025-00409, found that the special exception requests and development proposal were compliant with the above standards and will not substantively alter or change the use operations of on the site.
While the Zoning Ordinance does not have any open or public use space requirements for properties in the R-90 Zone, the Project does comply with the maximum lot coverage (all main and accessory buildings) requirement of 25%, as the Project provides 11.3% building coverage.
The Applicant will be installing 26 short-term and eight long-term bicycle parking spaces, consistent with the required parking rates and standards. The bicycle parking will be placed within the required distances from the main entrances and will be visible for easy access.
Newly constructed sidewalks and pedestrian elements within the property and public right-of-way will be constructed in conformance with applicable codes.
Conditions
Staff recommends approval of Major Site Plan Amendment Application STP2024-00488 and approval of the non-conforming alteration request and landscape waiver, based on the above findings and following conditions of approval:
Development and Zoning
1. The Applicant must fully comply with the conditions for approval of Special Exception Applications SPX2024-00408 and SPX2025-00409.
2. The applicant must address staff comments and mark-ups provided to them on September 16, 2024. Such comments and mark-ups must be addressed with the site plan signature set.
3. The proposed development will be implemented and constructed in a manner consistent with the concept design, graphic conceptual representation, and all associated development tables included in the site plan signature set for Major Site Plan Amendment Application STP2024-00488.
4. 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.
Forestry
5. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of an Amended Final Forest Conservation Plan (Final FCP) and a landscape plan. Demolition permit is not conditioned on Final FCP. The applicant may submit these plans with the signature set.
6. Applicant must address outstanding forestry comments on the site plan and associated plans at the time of signature set submission.
7. In addition to compliance with applicable codes, the Amended Final FCP and any code required tree plantings must meet the following requirements, unless modified by the City Forester:
a. Ensure that tree plantings meet the following minimum spacing requirements:
1. shade trees spaced 20 feet apart;
2. evergreens and ornamental trees spaced 15 feet apart;
3. all trees must be 10 feet from wet and dry utilities, except when under streets;
4. all trees must be 15 feet from streetlights and driveways;
5. all trees must be 10 feet from inlets;
6. shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
7. street trees may be planted atop stormwater conveyance pipes with a minimum 4 feet of cover and immediately behind curb.
b. Trees planted to meet Forest and Tree Preservation Ordinance (FTPO) requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).
c. Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.
8. Before Amended Final FCP and final landscape plan approval, the applicant must coordinate street tree species, locations, and proposed impacts with the City Forester.
9. Before planting new trees within existing green space or where pavement was previously located, the applicant must perform soil augmentation as required per the city’s FTPO notes prior to installation of new trees within existing green space or where pavement was previously located.
10. All submitted plans must use current city tree tables, FTPO notes and details.
11. Before pruning or cutting any trees within the right-of-way, the applicant must obtain and submit to the city Forester an MDNR Roadside Tree Permit for the work.
12. Any significant modification or revision to the approved Amended Final FCP must be consistent with the Site Plan and submitted to the City Forester for review and approval.
13. Before issuance of any sediment control permit or building permit, the applicant must obtain a forestry permit, unless otherwise allowed by DPW. Before issuance of the forestry permit, the applicant must:
a. submit the FTP permit application and fee;
b. obtain approval of an Amended Final FCP;
c. pay any approved fee-in-lieu consistent with the requirements of the FTPO;
d. execute a five-year warranty and maintenance agreement in a form acceptable to the city;
e. post a bond or letter of credit approved by the city per the FTPO; and
f. execute and record a forest conservation easement in a form acceptable to the city, unless otherwise satisfied.
DPW - Engineering
14. 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. Storm water Management Permit (SMP) - Submit Storm Water Management plans for on-site storm water management;
c. Public Works Permit (PWK) - Submit plans for all work within the Nelson Street public right-of-way and within any existing or required public easements.
15. Prior to issuance of any DPW permit, the Applicant must submit for review and approval by the Office of the City Attorney 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.
16. Applicant must grant a Storm Drain Easement for an existing public storm drain running parallel to the site’s western property line between Nelson Street and the outfall structure. The easement area to be granted shall provide for up to one-half of the total 25-ft width, as measured from the centerline of the pipe. The easement must be reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit for public storm drain improvements.
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 within said easements.
18. 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. Approval of sureties is coordinated through DPW staff. Sureties for all public infrastructure must be submitted and approved prior to DPW permit issuance.
19. PWK permits must be issued for public infrastructure prior to the issuance of any building permits. Prior to the issuance of any building permits, the Applicant must receive DPW approval of PWK permits for all public infrastructure, unless otherwise allowed by DPW for off-site public storm drain improvements.
20. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
21. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated September 9, 2024.
22. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated August 21, 2024.
23. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated September 9, 2024.
24. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated February 21, 2023.
25. Submit for review, approval and authorization by the Maryland Department of Environment and U.S. Army Corps of Engineers a Joint Permit Application, for all proposed impacts to wetlands and waterways, including temporary impacts during construction. DPW permits for work in wetlands and waterways, if any, will not be issued until all required permits and authorizations from the appropriate state agencies with jurisdiction are received.
26. In accordance with Chapter 10 of the City Code, obtain any necessary floodplain variances and/or floodplain permits associated with the outfall stabilization.
Traffic and Transportation
27. The Applicant shall improve the existing Nelson Street sidewalk by removing the existing sidewalk and constructing a minimum 5-ft wide concrete sidewalk along the property’s frontage without any narrowed transitions to and through the two existing driveway aprons and in accordance with City standards and specifications for public right-of-way. The final sidewalk alignment shall be determined through the detailed engineering plan review and if deemed necessary, the Applicant shall also grant a 1’ Public Improvement Easement (PIE) adjacent to the Nelson Street ultimate public right-of-way for maintenance of public sidewalks. The PIE must be reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit.
28. The applicant shall submit to DPW for review and approval by the Chief, Traffic and Transportation Division and prior to approval of the signature set a detailed signing and marking plan prepared in accordance with the latest edition of the Maryland Manual on Uniform Traffic Control Devices (MD-MUTCD).
29. Prior to signature set approval, applicant needs to provide proof of payment to T&T for CTR related fees: $200 for the scoping intake form and $7,000 for CTR review of a transportation report including 6-8 intersections.
30. The Applicant shall pay the City’s Transportation Improvement Fee as provided in the Comprehensive Transportation review (CTR). The one-time fee is equal to $1.50 per square foot of gross floor area for commercial uses. The fee must be paid prior to issuance of any occupancy permits and will be at the approved CTR recommended rate applicable at the time of payment.
31. The Applicant must pay the County’s Development Impact Tax, as applicable, and subject to any credits allowed by the County. Prior to issuance of any occupancy permit, the applicant must provide an approved proof of payment to the City’s CPDS and DPW Departments.
Publicly Accessible Art in Private Development
32. The Publicly Accessible Art in Private Development requirement applies to this project. 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>