Subject
title
Final Record Plat Applications PLT2025-00624 and PLT2025-00625, to Resubdivide Record Lots 23D and 23E, Block "A" of the Wheel of Fortune Subdivision, Located in the MXCD (Mixed-Use Corridor District) Zone at 11511 Fortune Terrace; PW Jones Associates LLC, Applicant
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Department
CPDS - Development Review
Recommendation
Staff recommends approval of Final Record Plat Applications PLT2025-00624 and PLT2025-00625, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Case: Final Record Plat Applications PLT2025-00624 and PLT2025-00625
Location: 11511 Fortune Terrace
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
nortiz@rockvillemd.gov
Applicant: PW Jones Associates, LLC
c/o EYA Homes, LLC
4800 Hampden Lane, Suite 300
Bethesda, MD 20814
Filing Date: July 18, 2024
Planning
Commission Date: November 13, 2024
PW Jones Associates, LLC (“Applicant”) proposes to resubdivide Record Lots 23D and 23E, Block “A”, of the Wheel of Fortune subdivision, to accommodate the construction of 33 townhouses and establish six HOA Parcels as contemplated by Level 2 Site Plan Application STP2020-00399 and related amendments. These Final Record Plats are a 1.63-acre portion of the 13.15-acre Potomac Woods development site. The Potomac Woods site is currently authorized for a total of 85 townhouses, 95 multi-family units and 213 multi-family senior housing units, including 139 independent living units and 74 assisted living/memory care units, a health club, and a parking garage.
The Zoning Ordinance defines a Final Record Plat as:
A map that illustrates a metes and bounds description of the property into a system of lot and block numbering, the naming of the tract (subdivision name), and the assignment of a plat number when recorded among the Land Records of Montgomery County, Maryland.
Pursuant to Section 25.21.11.g of the Zoning Ordinance, the Planning Commission is the Approving Authority for Final Record Plats. The approval and recordation of a Final Record Plat creates record lots, which are then deemed buildable lots per the Zoning Ordinance.
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Location: |
11511 Fortune Terrace |
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Planning Area: Land Use Designation: |
Planning Area 13 - Potomac Woods, Potomac Springs, Falls Ridge, and Orchard Ridge OCRM - Office Commercial Residential Mix |
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Zoning District: |
MXCD (Mixed-Use Corridor District) |
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Plat Area: |
STP2024-00624: 34,257 square feet (.786 acres) STP2024-00625: 36,714 square feet (.843 acres) |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXCD |
CI - Civic and public institutional |
Light Industrial/Public Facility |
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East |
Planned Development Tower Oaks |
OCRM - Office, Commercial and Residential Mix |
Office |
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South |
MXCD and County |
OCRM - Office Commercial Residential Mix |
Commercial |
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West |
R-90 |
RD - Residential Detached |
Single-family Residential |
Site Analysis
The property is zoned Mixed Use Corridor District (MXCD) and located along the north side of Fortune Terrace. Combined, Lots 23D and 23E are approximately 1.63 acres in size and are part of the 13.15-acre Potomac Woods development. The Potomac Woods development site is under construction and is currently improved with an approximately 70,000 SF health club (Lifetime Fitness) and a parking garage, streets, alleys, and temporary parking. The property is bounded by an office building to the west, Montgomery County’s public works facility to the north, I-270 to the east and Potomac Woods Plaza to the south of the site. The subject property is located within the Cabin John Creek Watershed and is relatively flat.
The Applicant has filed these Final Record Plat applications to implement Level 2 Site Plan application STP2020-00399 and its subsequent amendments. Lots 23D and 23E, most recently approved as part of Final Record Plat PLT2024-00618, were expected to be resubdivided into townhouse lots. Once the proposed plats are approved and recorded, the building permits for the townhouses may be issued.
Lot 23D is approximately .786 acres and is bounded by Hillgate Place to the north and east, Aubrey Walk Lane to the west, and Polaris Road to the South. Lot 23D will be resubdivided into 25 townhouse lots (Lots 64-88) and five HOA Parcels (Parcels L, M, N, O, and P). Parcel N is intended to be an alleyway that will provide access to each garage located at the rear of the townhouse units. Lot 23D is subject to several easements as outlined in the plat drawing and notes.
Lot 23E is approximately .843 acres and fronts Hillgate Place. Lot 23E will be resubdivided into 8 townhouse lots (Lots 89-96) and one HOA Parcel (Parcel B). The townhouses will be front-loaded and accessed from Hillgate Place. Lot 23E is subject to several easements as outlined in the plat drawing and notes.
Master Plan
The subject property is located within Planning Area 13 - Potomac Woods, Potomac Springs, Falls Ridge, and Orchard Ridge. The Planning Commission determined that the Level 2 Site Plan application for the 13.15-acre Potomac Woods project was in compliance with the City’s Rockville 2040 Comprehensive Plan. The recommendation for Planning Area 13 is to encourage “allowing for a mix of residential uses”. The project proposes a mix of service and residential uses that will enhance the community with a variety of housing options, as described in the 2040 Plan. These final record plats will implement part of the townhouse portion of the project, to include moderately priced dwelling units (MPDUs).
Zoning Ordinance Compliance
The Planning Commission found, based on staff review and recommendation, that the Level 2 Site Plan was consistent with the Zoning Ordinance requirements. All development standards and open area and public use space requirements have been met. In addition, the Applicant has complied with the landscaping and parking requirements of the ordinance.
These Final Record Plats meet the conditions of approval as defined in Section 25.21.02, Final Record Plats, of the Rockville Zoning Ordinance.
Adequate Public Facilities Standards (APFS)
A determination of Adequate Public Facilities was made with the site plan application. The Final Record Plats are consistent with the Level 2 Site Plan approval, and therefore the determination of adequate public facilities remains in effect.
• The existing improvements on the property (Lifetime Fitness) were constructed pursuant to Use Permit USE1978-0088, as subsequently amended.
• On August 11, 2021, based on compliance with all applicable codes and regulations, the Planning Commission approved Level 2 Site Plan application STP2020-00399 to demolish an existing office building and construct approximately 408 housing units, including a new 4- story parking garage to serve the existing Lifetime Fitness at 11511 Fortune Terrace, based on the findings and subject to conditions. The approval also included a waiver to the requirement to plant three trees per townhouse lot, finding that the applicant’s request is consistent with the intent of the code.
• The Planning Commission approved Preliminary Plan application PLT2021-00591 on January 12, 2022. The Preliminary Plan was submitted in accordance with Section 25.21.09 of the Zoning Ordinance and sought to implement Level 2 Site Plan application STP2020-00399.
• On May 25, 2022, the Planning Commission reviewed and approved Final Record Plat application PLT2022-00592. This Final Record Plat created Lot 25 to accommodate the existing 70,000 SF health club and construction of a new 4-story parking garage serving the health club. The proposal was in accordance with previous approvals.
• On October 12, 2022, the Planning Commission reviewed and approved Final Record Plat applications PLT2022-00594 to PLT2022-00600. These final record plats implemented the remaining 10.32 acres out of the 13.15-acre Potomac Woods site. It allowed the construction of the mixed-use development project consistent with previous approvals.
• The Planning Commission approved Final Record Plat application PLT2024-00618 on September 13, 2023. The plat created Record Lots 23A, 23B, 23C, 23D, and 23E and was submitted to facilitate the transfer of ownership of these five lots to the contract purchaser. It was understood that the lots would need to be resubdivided before construction could commence. As mentioned in the ‘Project Description’, the subject Final Record Plats propose to resubdivide Record Lots 23D and 23E.
• On March 21, 2024, the Chief of Zoning approved Minor Site Plan Amendment application STP2024-00462. The amendment revised the widths and mixture of townhouse units. The amendment resulted in a reduction of townhouses within the Potomac Woods development, from 99 to 85. The amendment also updated utilities and stormwater management facilities and refined the open space and public use space designs.
Public notification of the Final Record Plats was made pursuant to the requirements of Section 25.21.11.d (Notice). Mailed notification was provided to all property owners within 750 feet from the subject property as required by the Zoning Ordinance. At the time of this report, no public testimony or inquiries have been received regarding the Final Record Plat applications.
The overall Potomac Woods development project has been the subject of various public hearings before the Planning Commission as outlined in the ‘Previous Related Actions’ section of this report. Additionally, the Level 2 site plan required neighborhood area meetings at both the pre-application stage and post-application stage.
Findings and Recommendation
There are no required findings that need to be made as part of the approval of these Final Record Plats. The plats are in compliance with the approved site plan for the property, as amended.
Final Record Plats PLT2025-00624 and PLT2025-00625 meet the conditions of approval as defined in Section 25.21.02 - Final Record Plats of the City of Rockville Zoning Ordinance.
Staff recommends approval of Final Record Plat Applications PLT2025-00624 and PLT2025-00625, subject to the conditions articulated in this report.
Planning and Zoning
1. The Final Record Plat submission must include the original mylar plat and three mylar copies.
2. The Final Record Plat applications shall be submitted in an appropriate electronic format as specified in Section 25.21.10.d of the City of Rockville Zoning Ordinance.
Department of Public Works Engineering
3. 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. 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. All dedicated easements must be referenced on the Final Record Plats.
4. 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.
5. 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.
6. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys. The PAE 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.
7. 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 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.