City of Rockville - File #: 24-1456

• File #: 24-1456
• Type: Review and Action
• Status: Agenda Ready
• File created: 12/3/2024
• In control: Planning Commission
• On agenda: 12/11/2024
• Title: Level 2 Site Plan Application STP2024-00487, City Center, to Permit Construction of a 291-unit Multi-Family Residential Building, a Park, and Maryland Avenue Extension, and a Waiver from Zoning Ordinance Section 25.21.21, at 414 and 416 Hungerford Drive in the MXCD (Mixed-Use Corridor District) Zone; Rockville Plaza, LLC., Applicant

Subject

title

Level 2 Site Plan Application STP2024-00487, City Center, to Permit Construction of a 291-unit Multi-Family Residential Building, a Park, and Maryland Avenue Extension, and a Waiver from Zoning Ordinance Section 25.21.21, at 414 and 416 Hungerford Drive in the MXCD (Mixed-Use Corridor District) Zone; Rockville Plaza, LLC., Applicant

end

Department

CPDS - Development Review

Recommendation

Staff recommends approval of Level 2 Site Plan Application STP2024-00487 and approval of the Street Tree Waiver, based on the findings and conditions of approval contained in this report.

Overview

Case:                                          City Center - Level 2 Site Plan STP2024-00487

Location:                     414 and 416 Hungerford Drive

Staff:                                          Nelson Ortiz, Principal Planner

Community Planning and Development Services

240.314.8227

nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>

Applicant:       Rockville Plaza, LLC

Filing Date:                      April 11, 2024

Meeting

Date:                                           December 11, 2024

Executive Summary

Rockville Plaza, LLC. (the “Applicant”) has filed a Level 2 Site Plan application for the subject property located at 414 and 416 Hungerford Drive to permit the construction of a seven-story multifamily building with 291 units, 15% being moderately priced dwelling units (MPDUs), a .5 acre public park, and to facilitate the construction of the Maryland Avenue right-of-way extension by the City of Rockville (the “Project”).

In connection with this Level 2 Site Plan application, the Applicant seeks a waiver from Section 25.21.21 of the Zoning Ordinance requiring one (1) street tree per forty (40) feet of lot frontage within the public right-of-way.

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 have found the application to be 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.

Site Description

Location:	414 and 416 Hungerford Drive (the “Property”)
Planning Area:    Land Use Designation:	Area 1 - Town Center   OCRM - Office Commercial Residential Mix and CRM - Commercial Residential Mix
Zoning District:	MXCD (Mixed-Use Corridor District) Zone
Existing Use:	Commercial and Office
Proposed Use:	Multifamily Residential / Public Park
Site Area:	146,507 Square Feet (3.36 acres)
Building Height:	75 feet maximum

Surrounding Land Use and Zoning

Location	Zoning	Planned Land Use	Existing Use
North	MXCD (Mixed-Use Corridor District)	OCRM - Office Commercial Residential Mix	Commercial (Retail)
East	MXCD (Mixed-Use Corridor District)	OCRM - Office Commercial Residential Mix	Commercial and Office
South	PD-TS (Planned Development - Town Square)	CRM - Commercial Residential Mix	Commercial and Residential
West	MXCD (Mixed-Use Corridor District) and PD-KSI (Planned Development - KSI Apartments)	CRM - Commercial Residential Mix	Residential (Multifamily)

Figure 1. Parcel Map

The site is comprised of two adjoining record lots identified as being Lots 8 and 12 of the City Center subdivision, identified on Plats 9079 and 9506. It is located approximately 175 feet north of the Hungerford Drive and Beall Avenue intersection. The site is irregularly shaped and has both Hungerford Drive and Beall Avenue frontages. The Hungerford Drive frontage is 321.38 feet, while the Beall Avenue frontage is 149.56 feet. The Property is zoned MXCD (Mixed-Use Corridor District) and located within Planning Area 1 (Town Center) of the Comprehensive Plan.

The Property is currently occupied by three buildings with approximately 72,733 square feet of general office space and 13,058 square feet of ground-floor retail space in addition to surface and paved parking lot surrounding the buildings.

Project Description

The Applicant proposes to raze the existing buildings and redevelop the Property with a multi-family residential building and a public park. Additionally, the Applicant, in coordination with the City of Rockville, will facilitate the construction of an extension of Maryland Avenue through the project site.

Figure 2. Site Plan

The multi-family building will rise 75 feet and feature 291 units, inclusive of 44 MPDUs proportionally distributed throughout the building, and private resident amenities including a main lobby area, two-story fitness center, co-working space, bicycle room and repair, and a third level interior courtyard with courtyard dining, a pool and amenity space/club room. The building contains a total of eight levels - one below grade and seven above grade. A total of 368 vehicle parking spaces, inclusive of eight future EV-Ready spaces, and 100 long-term bicycle parking spaces are proposed within the building’s lower levels. The unit breakdown includes 20 studio units, 178 one-bedroom units, and 93 two-bedroom units. The building will be sited along, or close to the property lines. The building’s primary entrance will be from the future Maryland Avenue extension while other resident entrances will be provided from Hungerford Drive and Beall Avenue as well as private ground floor unit entrances. Vehicle ingress will be provided via a private alleyway proposed north of the building, adjacent to the existing Walgreens building. The building’s refuse and loading areas will also be accessible through said alleyway.

The Applicant also proposes an approximately .5-acre park. The park’s main feature will be a dog area consisting of an approximately 5,160 SF fenced large dog area, an approximately 955 SF fenced small dog area and an entrance vestibule, dog waste station and drinking fountain. Also proposed within the park is an oval-shaped open area for active or passive recreation as permitted, a tree lawn area, benches, picnic tables, bicycle racks, bollard lighting, litter receptacle and walking paths. The park will be dedicated to the City of Rockville for the use and enjoyment of the public once the park is improved by the Applicant, consistent with conditions #39 and #40. 

Figure 3. Park Plan

The City of Rockville has an ongoing Capital Improvement Project (CIP) to extend Maryland and Dawson Avenues. Maryland Avenue is proposed to be extended through the Property to Dawson Avenue. Maryland Avenue has been designed as a 72-foot wide Business District Class II roadway. Per Condition #29, the Applicant will dedicate part of the site to accommodate the right-of-way construction. Construction within the right-of-way will be managed by the City of Rockville through the CIP. Any changes or modifications to the street’s construction and/or design will be at the discretion of the City and be made through the CIP process.

The proposed redevelopment of the site and construction of multi-family residential units are proposed to be done in one (1) phase and are expected to be complete by 2027.

Project Analysis

Master Plan

The application falls within Planning Area 1 (Town Center) of the Rockville 2040 Comprehensive Plan and the site is identified within the boundaries of Focus Area 4 and Project 4.

The application is consistent with many of the objectives within the Planning Area 1 chapter of the Rockville 2040 Comprehensive Plan, including objectives to “provide an environment conductive to and supportive of living, working, shopping and entertainment”; “accommodate a variety of densities and scales of development that are sensitive to an urban neighborhood environment and demands of the marketplace”; “enhance links to transportation options which improve visibility and accessibility”; “make the Town Center a unique, high amenity destination for local and regional customers”; and “provide an environment that is safe and appealing for pedestrians and bicyclists.” Additional details about this application’s compliance with the Plan can be found in the “Findings” section of this report.

Zoning

This Project meets all relevant requirements of the Zoning Code pertaining to site plans and development standards of the MXCD Zone. Details about the application’s compliance with the Zoning Ordinance can be found in the “Findings” section of this report.

Forestry

This Project must meet all requirements of Chapter 10.5 of the City’s Forest and Tree Preservation Ordinance (FTPO) in addition to any additional City or State requirements.

The Applicant is proposing to meet a portion (~50%) of their forest conservation (afforestation) requirement with plantings located in the triangular park spaces (proposed) to the west of Maryland Avenue extended. The credit plantings have been coordinated with CPDS as well as the Recreation and Parks Department. After dedication of the proposed park spaces to the city, the plantings will be preserved and protected via long-term preservation, consistent with FTPO Section 10.5-26.

Street Trees

Consistent with the requirements of Section 25.21.21.a, the Applicant’s plan depicts street trees within the Maryland Avenue extension. While the quantity of street trees shown (14) does not meet the spacing requirements under Section 25.21.21, the quantity does match the city’s current Capital Improvement Project (CIP) plans. Since Maryland Avenue extended will be constructed and planned by the city, the Applicant is not able to depict an alternative quantity of street trees. As such, the Applicant is requesting (see ‘Street Tree Waiver Request’ attachment) to meet the requirement by planting trees immediately adjacent to the public rights-of-way. The plantings will be located within the triangular shaped park spaces to the west of the proposed Maryland Avenue extension.

The Applicant is also requesting a waiver to Section 25.21.21.a for associated street trees within the Hungerford Drive and Beall Avenue rights-of-ways. The Applicant details their justification within their request (‘Street Tree Waiver Request’ attachment). In summary, the Hungerford Drive frontage is a State Highway Administration (SHA) road and is encumbered with utilities (storm drain, water line, sewer line, and overhead electric lines) that make planting street trees impractical. The Beall Avenue frontage is 158’ linear feet, with 72’ being dedicated for Maryland Avenue extended. After accounting for setbacks to the future intersection and existing light poles, planting street trees in the remaining space is not feasible.

Traffic and Transportation

Trip Generation:

Staff has reviewed the request per the city’s Comprehensive Transportation Review (CTR). Trips generated by existing (and vested) compared to the proposed trips generated by the multifamily residential development of 291 units were calculated using the latest ITE Trip Generation Manual, for AM and PM commuter peak hours. Below is the proposed development peak hour trip generation:

Land Use	AM Peak	PM Peak
Proposed
291 residential multifamily units	116	114
Subtotal	116	114
Existing Uses
72,733 SF Office	127	127
13,058 SF Commercial retail	34	94
Subtotal	161	221
Net Fewer Trips Generated	-45	-107

As shown, the proposed multifamily residential development is expected to generate 45 and 107 fewer trips in the morning and afternoon peak hour, respectively.

Based on the above trip generation findings, and per the requirements of the CTR, an on-site Transportation Report focusing on the adequacy of site access vehicle access points, on-site circulation, transit, pedestrian, bicycle accessibility and accommodations was submitted and reviewed by staff.

Vehicular, Bicycle, and Pedestrian Site Access and Circulation:

The proposed development site is bounded by Hungerford Drive (MD-355) to the east, fire station property and Beall Avenue to the south, planned Maryland Avenue Extended to the west, and an improved existing 20’ access driveway connecting Maryland Avenue Extended and Hungerford Drive to the north. 

Vehicular access to the site is expected to occur via the proposed and improved private access driveway, and then reach either Maryland Avenue Extended or Hungerford Drive to reach all other destinations. The intersection with Maryland Avenue Extended is planned to be a full movement and stop-controlled three-way intersection. The access to Hungerford Drive will be limited to right-in and right-out movements. The largest vehicle that will access the site is a firetruck. All loading trash and other related services will occur on site, and access to these designated areas will be only from the private access drive. Deliveries and pick-ups are anticipated to take place along Maryland Avenue Extended frontage.

Consistent with the City of Rockville’s Bikeway Master Plan, bike lanes are available along Beall Avenue south of the site, which connect the site to an existing network of bike lanes and signed shared roadways near the site and through to the Rockville Metrorail station (Red Line). There will be a signed shared roadway along the site frontage along Maryland Avenue Extended, and consistent with requirements of the Bikeway Plan and ongoing MD 355 BRT design considerations, a buffered 10-foot-wide shared-use path will be constructed by the applicant along the entire site frontage on Hungerford Drive.  A 102-space long-term bicycle storage room, as required by the City’s Zoning Ordinance, will be provided on the ground floor of the building garage with direct bicycle access to Maryland Avenue Extended and/or Hungerford Drive.

As noted above, the existing sidewalk along the site frontage on Hungerford Drive will be replaced with a buffered 10’ shared use path, as an interim improvement until the construction of the planned MDOT BRT project along MD-355 is constructed. Based on Maryland Avenue extension plans as a Business District II roadway, a 10’ wide sidewalk and 7’ buffer will be constructed by the City of Rockville along the site frontage as part of the Maryland Avenue Extended CIP project. The existing service drive extending from Maryland Avenue Extended to Hungerford Drive will be improved with a buffered  5’ wide sidewalk along the proposed building frontage.

Transit

The Rockville Metrorail /MARC and Amtrack station is located approximately 0.3 miles from the site. The Rockville Metrorail station is on the WMATA Red Line which runs from the Shady Grove station in Rockville to Glenmont in Silver Spring and connects with the other five (5) Metrorail lines, allowing access to much of the Washington, DC metropolitan area via transit. The Rockville MARC train station is served by the Brunswick MARC Line, traveling between Martinsburg, West Virginia and Union Station in the District of Columbia. 

There are three (3) bus stops near the site; two (2) located on Hungerford Drive near its intersection with Beall Avenue and one (1) located on Beall Avenue near its intersection with Maryland Avenue. These bus stops serve WMATA and Montgomery County Ride-on bus routes. The Planned MD 355 Bus Rapid Transit (BRT) will provide additional upgraded bus service along MD 355 and to other activity centers including Bethesda, North Bethesda, and Gaithersburg, once it is constructed.

Community Outreach

Pursuant to Section 25.07.05 of the Zoning Ordinance, a Level 2 Site Plan requires that the applicant reach out to the neighborhood and conduct two public area meetings: a preapplication area meeting held during the pre-application process, and a post-application area meeting held following submittal of the site plan application. The Applicant has complied with both requirements including written and electronic notification. Their initial pre-application area meeting was held on September 26, 2023. A virtual post application area meeting was held on May 14, 2024. The topics of discussion included the notification to relocate for existing tenants, number of parking spaces per apartment unit and parking access control, clarification on the resident building entrance from Hungerford Drive frontage and street buffering along Hungerford Drive, feedback on the building’s architectural details, potential noise concern emanating from adjacent Fire Station and MD 355, reason for proposed building height considering the building’s proximity to Town Center which permits higher buildings, reason for providing excess parking considering the close proximity to Metro and ease of access to other modes of public transportation, whether on-street parking will be proposed along the proposed Maryland Avenue extension, and reason for not providing commercial or retail within the building.

Mailed notice for the Planning Commission meeting was sent two weeks in advance to property owners and residents located 1,250 feet from the project consistent with Section 25.07.03 of the Zoning Ordinance.

As of the date of this report, staff has not received any public inquiries on this matter.

Findings

In accordance with Section 25.07.01.a.3(a) of the Zoning Ordinance, a site plan application that does not implement a project plan or a special exception, may be approved only if the applicable Approving Authority finds that the application will not:

1.                     Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed development.

The proposed development will not adversely affect the health or safety of persons residing or working in the surrounding neighborhood. The proposal seeks to redevelop the site with much needed residential in the Town Center, including affordable housing (MPDUs). The project demonstrates architectural design, materials, and features consistent with other buildings in the area and in keeping with the urban form of Town Center. The proposed dedicated public space including flexible outdoor areas and a new dog park will be amenities available to the public.  The review of the transportation report concludes that the proposed project will not have a detrimental impact to the surrounding multi-modal transportation network, subject to the proposed transportation conditions. The site design incorporates improvements to the Hungerford Drive frontage to safely accommodate pedestrians and bicycles and will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project. In fact, these improvements will improve the safety of pedestrians and bicyclists in the area and customers visiting the site using those modes. The project has demonstrated compliance with zoning, stormwater, and forestry requirements as described in this report and must comply with all applicable laws that ensure health and safety are met throughout the permitting and construction process.

2.                     Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

Staff finds that the project complies with all applicable ordinances that ensure protection of the public welfare as described in this report. The project will replace the underutilized existing commercial and office space, which is surrounded by surface parking, with new housing, a new street, and new public park spaces. New residents at the project will also help maintain the vitality of existing retail and service uses in the vicinity. Staff finds no evidence that the project is injurious to property or improvements in the neighborhood.

3.                     Overburden existing and programmed public facilities as set forth in article 20 of the Zoning Code and as provided in the adopted adequate public facilities standards.

Schools

The property is served by the Richard Montgomery Cluster Area (Beall Elementary, Julius West Middle School, and Richard Montgomery High School), and is located within an Infill School Impact Area. Using the corresponding Montgomery County Student Generation Rates, FY2024-2025, the proposed 291-unit multi-family development will generate the following number of students:

Student Generation For Housing Types - Infill Area
Grade Levels	MCPS Rates for Multi-Family High-Rise	# of Students Generated by Proposed Single Family Detached	Student Total
Elementary School	.039	(.039*291 units) = 11.35	12
Middle School	.016	(.016*291 units) = 4.66	5
High School	.018	(.018*291 units) = 5.24	6

The current 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 meets these standards for all school levels as shown in the table below.

School Test: Seat Deficit > 110 Seats (Elem.) or > 180 (Middle) and Percent Utilization >120% (Elem., Middle, and HS) = Moratorium
School Type (Richard Montgomery Cluster)	Projected  2029-30 Enrollment	Students Generated by Proposed Development	100% MCPS Program Capacity 2029-30	Enrollment Including Proposed Development	School Percent Utilization in 2029-2030	School Percent Utilization in 2029-30 with Proposed Development
Beall ES	440	12	663	452	66.4%	68.2%
Julius West MS	1,404	5	1,432	1,409	98.0%	98.4%
Richard Montgomery HS	2,604	6	2,236	2,610	116.5%	116.7%

Traffic and Transportation

Based on a multimodal and comprehensive on-site transportation review, staff finds the proposed redevelopment of the subject site with 291 multifamily residential units can be adequately accommodated by the existing and/or programmed transportation infrastructure with the recommended conditions.

Water and Sewer

In a letter dated December 3, 2024 (see “Water and Sewer Authorization Letter” attachment) 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 Water and Sewer Authorization Approval Letter lists project specific conditions of approval.

4.                     Adversely affect the natural resources or environment of the City or surrounding areas.

Stormwater Management

Stormwater Management (SWM) for this project will be provided for all new and replacement impervious area as required by Chapter 19 of the Rockville City Code and in compliance with the Development SWM Concept Approval Letter dated December 2, 2024 (see “Development SWM Concept Approval Letter” attachment). 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 combination of Environmental Site Design (ESD) measures including micro bioretention facilities, green roofs, and an underground water quality structure. A monetary contribution is being provided by the applicant in lieu of providing on-site quantity management.

DPW reviewed and approved the adequacy of the existing downstream public storm drainage system in a Safe Conveyance Study Approval Letter dated December 2, 2024 (see ‘Safe Conveyance Letter’ attachment). Staff has determined the storm drainage 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.

Erosion and Sediment Control

Erosion and Sediment Control for this project will be provided in compliance with the Preliminary Erosion and Sediment Control Approval Letter dated December 3, 2024 (see "Preliminary Erosion and Sediment Control Approval Letter” attachment). The Preliminary Erosion and Sediment Control Approval Letter lists project specific conditions of approval. 

Natural Resources Inventory/Forest Stand Delineation

The City approved a Natural Resources Inventory/Forest Stand Delineation (see ‘NRI_FSD’ attachment) on December 20, 2023 (FTP2023-00049). The NRI/FSD did not delineate any onsite forest. Staff noted the presence of existing forest conservation easements (FCE’s) (FTP2013-00018 and FTP2012-00012) on neighboring properties during plan review. Staff does not anticipate impacts to those forest conservation easements as a result of proposed development of the subject property.

Forest Conservation

A Preliminary Forest Conservation Plan (see ‘Preliminary FCP’ attachment) was approved by CPDS on December 3, 2024. The PFCP demonstrates the property is subject to an afforestation requirement of 0.50 acres. The applicant is proposing to meet this requirement through the planting of 37 trees, 20 of which are shade variety species and 17 are ornamental variety species. The applicant will meet the remaining afforestation requirement through a fee-in-lieu of planting payment for 10,380 square feet of credit.

Significant Trees

There are no significant trees located onsite. As a result, the development doesn’t propose any significant tree removals and requires no corresponding replacement plantings.

Historic Resources

The property is not within a historic district and has no potential historic resources on site.

5.                     Be in conflict with the Plan.

This application is not in conflict with the Rockville 2040 Comprehensive Plan. The project falls within Planning Area 1 - Town Center. Staff finds the following compatibilities with the Plan:

•                     “A future park is recommended is recommended in the general location where the green asterisk is placed on the Land Use Policy Map” - page 259. The applicant is proposing the creation of two open space/park parcels totaling ~21,000 square feet of open space, which, if developed as described in the recommended conditions, could realize the Comprehensive Plan’s vision for a park in this area.

•                     “Redevelopment of property in this area should contribute toward a pedestrian-oriented, urban-scale streetscape. New developments should orient primary building facades and front doors toward a street or public open space to frame the edges of streets, parks, and open spaces, and to foster activated pedestrian areas. Building frontages should include ground-floor uses that attract customers or regular visitors, enhanced pedestrian areas and amenities, attractive landscaping, and bicycle infrastructure.” - page 260. The extension of Maryland Avenue and proposed improvements along that newly created road will realize the Comprehensive Plan’s vision for pedestrian level activity and an urban streetscape.  

•                     “Design Maryland Avenue as a continuous commercial corridor between East Montgomery Avenue and Dawson Avenue. The extension of Maryland Avenue between Beall Avenue and Dawson Avenue should include streetscape amenities, such as wide sidewalks, significant landscaped areas, street trees, decorative lighting, wayfinding and landmark elements, outdoor seating, on-street parking, and bike facilities.” - page 260. The applicant is proposing dedication of a 72-foot right of way in order to accommodate the northbound extension of Maryland Avenue. The applicant is also proposing to provide sidewalks and landscaped areas along the newly created extension of Maryland Avenue, consistent with Comprehensive Plan recommendations.

•                     “Continue development of the L-shaped ‘spine’, extending along East Montgomery Avenue and Maryland Avenue, with a mix of ground-floor commercial, service, and entertainment uses; and office, residential, and institutional uses located above.” - page 261. The applicant is proposing to continue the extension of Maryland Avenue through their property and activating it with residential uses with communal amenity spaces on the ground floor.

•                     “Streets in Town Center should be designed to encourage interaction and activity for people on the sidewalk, through the provision of wide sidewalks, gathering places, and interesting ground-floor uses. Sidewalk activity, such as outdoor café seating and other retail displays visible from the street, should be encouraged.” - page 261. The applicant is proposing several enhancements to generate activity and interaction along the extension of Maryland Avenue, including the primary pedestrian entrance to the building fronting Maryland Avenue, residential units with sidewalk access onto Maryland Avenue, residential units with private patios along Maryland Avenue, a 10-foot wide sidewalk, a 7-foot wide “tree lawn” with street trees, and hardscaped areas for seating, landscaping and bicycle racks.

•                     “Increase the number of residents and housing density in Town Center, to provide additional housing options for residents across the full range of income levels and to provide additional demand for the commercial uses in this mixed-use environment.”- page 263. The applicant is proposing development of an additional 291 residential units in the project, 44 of which are moderately priced dwelling units (MPDUs) which meets the goals to increase density and the residential unit count in the planning area.

6.                     Constitute a violation of any provision of the Zoning Code 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. The proposed land use is a permitted use in the MXCD Zone per the Land Use Table in Section 25.13.03 and is also consistent with the Comprehensive Plan as outlined previously in the report. The requirements under Section 25.13.06 (Additional design guidelines) and 25.13.07.b (Special design regulations for individual mixed-use zones - MXCD) will ensure thoughtful and sensitive design is utilized in this Project.

The Zoning Ordinance requires 15% open space and 10% public use space, and the Applicant has reserved enough land area to comply with these requirements. The proposed park will be conveniently located across the street from the multi-family building and should be easily accessible by building residents and the general public.

Per Section 25.16.03, 338 vehicle parking spaces, six short-term bicycle parking spaces, and 97 long-term bicycle parking spaces are required. The Applicant intends to either meet or exceed these requirements. A total of 368 vehicle parking spaces are proposed, including 8 future EV-Ready spaces, within the three parking levels. A total of six short-term bicycle parking spaces are proposed outside the building via bicycle racks. A total of 100 long-term resident bicycle parking spaces are proposed within a secured bicycle room located in the building’s first level.

The building height comports with the Zoning Ordinance’s maximum height requirement in the MXCD Zone of 75’. The Applicant will also comply with the City’s MPDU Ordinance as fifteen percent of the units, 44 units, are proposed to be moderately priced. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process.

Newly constructed sidewalks and pedestrian elements will be provided in accordance with applicable codes.

Setbacks
Applicability	Public Right-of-Way Abutting	Side		Rear
		Residential Land Abutting	Non-residential Land Abutting	Residential Land Abutting	Non-residential Land Abutting
Required	None	25’ or the height of the building, whichever is greater	None. 10’ minimum if provided	25’ or the height of the building, whichever is greater	None. 10’ minimum if provided
Proposed	0 (min.)	N/A	0 (min.)	N/A	0 (min.)

7.                     Be incompatible with the surrounding uses or properties.

Staff find that the development is attractive, compatible and integrates well with the surrounding neighborhood. The proposed 291 multi-family units will add units (including 44 moderately priced) to the City’s housing inventory. The proposed park will provide attractive functional open and public use space for future building residents, existing Town Center residents and the public. The proposed dog areas will give dog owners an opportunity to provide off-leash exercise and play for their dogs. The Maryland Avenue extension is expected to increase vehicle and pedestrian connectivity and mobility in the area. Future building residents will have the benefit of urban living considering the site’s proximity to the central business district. The Project is designed as a walkable community and will also have easy access to public transportation.

The Property is currently improved with largely impervious surface: office buildings and surface parking lots. The Project will reduce onsite imperviousness and construct modern stormwater management features to capture and treat nonpoint source pollution as detailed on the Stormwater Management Concept Plan.

Conditions

Staff recommends approval of Level 2 Site Plan STP2024-00487, based on the findings above and subject to the following conditions:

Development & Zoning

1.                     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.

2.                     The proposed multi-family building will be designed and constructed in a manner consistent with the graphic conceptual representation, and all associated development tables included in the approved Level 2 site plan signature set.

3.                     Prior to the issuance of the multi-family building occupancy, the proposed Public Use Space (On-Site), as designated on plan sheet SP2.03, must be fully installed and inspected by City staff through the zoning site plan process.

4.                     The Applicant must address staff comments and mark-ups provided to them on November 15, 2024.

Forestry

5.                     The underlying storm drain pipe (existing) located within the larger of the two proposed park parcels must be excavated and removed, to the extent necessary, and not otherwise removed in the area of the trees by the City during the Maryland Avenue CIP re-construction of the storm drain, to ensure that proposed credit trees within the park, meet the minimum of 4’ depth of soil.

6.                     Proposed street tree species, locations, and quantities are subject to change in the FFCP process, pending City Forester review.

7.                     The applicant must submit a Final Forest Conservation Plan (FFCP) which meets the minimum requirements approved with the PFCP plan dated December 3, 2024, for the proposed site plan.

8.                     The Applicant will deliver separate 5-year warranty and maintenance agreements for the Applicant’s building record lot and the park parcels. The warranty start date for each site (5-year warranty and maintenance agreement associated with the Final Forest Conservation Plan), will not begin until after all required landscape material, as shown on the Final Forest Conservation Plan, are satisfactorily installed and subsequently inspected by city staff for the relevant site.

Building

9.                     The Applicant shall obtain all required building and/or trades permits for work within the public use areas, including but not limited to, accessible routes not within the public right-of-way, or other site elements not specifically exempted from permit.

Fire

10.                     During construction access to the construction site shall be maintained as required by applicable provisions of NFPA 241, 5.5.5. A fire access plan shall be provided with the building permit submission.

11.                     The Fire Marshal will not permit occupancy of any unit until the Applicant has demonstrated adequate fire department access and protections are provided in accordance with the Fire Marshal’s Office requirements and NFPA. The building permit set shall include an alternate fire access plan for occupancy of the building in the event Maryland Avenue has not been completed.

DPW - Engineering 

12.                     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 non-capital improvements within the proposed dedication for Maryland Avenue, adjacent to Hungerford Drive and within the Beall Avenue rights-of-way, and within any existing or required public easements. DPW will also review, approve and permit the construction of the private alley through the PWK, including collecting applicable fees.

13.                     Continue to coordinate with the City on routine updates to the Timeline for Maryland/Dawson Extension with Park dated November 22, 2024 for the building construction and sequencing coordination with the City’s Maryland/Dawson Extension CIP Project and future park parcel improvements.

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 sidewalk on Hungerford Drive (MD 355) will not be permitted. Overhead protection may be necessary, as determined during the detailed engineering phase, to protect pedestrians during construction adjacent to existing sidewalks. 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. 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.

16.                     Prior to issuance of any DPW permit, except for any DPW permit related to demolition of the existing building improvements on the property, and prior to the recordation of the Final Record Plat, or as otherwise approved by the City, the Applicant shall work with the City to secure the amendment of certain existing easements located in proposed right-of-way for Maryland Avenue to terminate any encroachments of the easements into the dedicated right-of-way. Amendment, termination or abandonment of such easements must be evidenced by recordation of an appropriate instrument in the Montgomery County Land Records. Any amendment, 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 amendment, 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 grant a Public Access Easement (PAE) across the entire width of the privately maintained alley and for the Shared Use path along Hungerford Drive as shown on the proposed site plan subject to reasonable conditions of Applicant, including by way of example, for temporary closures for housekeeping, maintenance, repair and replacement and to prevent certain assembly and nuisances incompatible with a residential building. The PAE must be granted by a separate document from the Final Record Plat, reviewed and approved by DPW and the Office of the City Attorney, and must be recorded in the Montgomery County Land Records prior to DPW issuance of a PWK permit.

19.                     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 alley permitted through a PWK. Approval of sureties is coordinated through DPW staff. Sureties for all required public infrastructure (non-capital improvements) must be submitted and approved prior to recordation of plats dedicating right-of-way.

20.                     The Record Plat must include:

o                     The record lot for the proposed building (Record Building Lot).

o                     Dedication of the Maryland Avenue right-of-way extension to the city, including the additional dedication of right-of-way to the city to the northwest side of Beall Avenue/Maryland Avenue intersection as noted.

o                     the Park parcels to the west of the Maryland Avenue right of way.

o                     All necessary easements and abandonments.

21.                     Except for permits associated with the demolition of the existing buildings, no DPW permits for public improvements within the proposed rights-of-way will be issued prior to the recordation of the plats and deeds dedicating all necessary right-of-way to the City.

22.                     DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.

23.                     The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated December 2, 2024.

24.                     The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated December 3, 2024.

25.                     The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated December 2, 2024.

26.                     The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated December 3, 2024.

27.                     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.

28.                     The Applicant must obtain approval and required permits from SHA for all access and frontage improvements shown on the site plan along MD 355 prior to the issuance of the City’s PWK permit. All construction associated with these improvements must be completed and accepted by SHA and the City prior to the issuance of the occupancy permit.

Traffic and Transportation

29.                     The Applicant shall dedicate the necessary right-of-way (72 feet wide, Business District Class II) for the city’s future construction of the Maryland Avenue extension along its entire western property line and construct its site improvements so as not to interfere with the city’s proposed Maryland Avenue extension project improvements, as shown on the proposed site plan.

30.                     All traffic control devices for the record lot (i.e. signs, markings, and devices placed on, over or adjacent to a roadway or walkway) to regulate, warn or guide pedestrians and/or vehicular traffic must comply with the latest edition of the MUTCD. The signing and marking plans for the record lot must be submitted and approved by the Chief of Traffic and Transportation prior to its inclusion in the signature set.

31.                     Prior to issuance of any occupancy permit, the Applicant shall provide proof of payment for the total County Impact Tax, as required by Montgomery County, to the City’s DPW and CPDS.

32.                     Prior to the issuance of any occupancy permit, the applicant shall construct the following improvements within the dedicated right-of-way for Maryland Avenue Extended and have it open to pedestrian and vehicle traffic, unless the Director of Public Works confirms in writing that (a) the Maryland Avenue Extended (CIP 5C11) 90% design is complete, (b)  the Maryland Avenue Extended is fully funded for construction, and (c) the Maryland Avenue Extended is included in the City’s CIP budget for construction by the Mayor and Council:

•                     A 10-foot-wide sidewalk within the dedicated ROW for Maryland Avenue and along the entire property frontage and adjacent to proposed building at its final slope to grade and location, and

•                     Provision of needed temporary pavement connections from the service drive to existing parking lot pavement area extending north to Dawson Avenue and south to Beall Avenue.  

Housing

33.                     Residential units constructed on the site must comply with the standards and requirements of the Rockville City Code Chapter 13.5, Moderately Priced Housing Ordinance.

34.                     Floors 1 and 2 of the building must not include more than two MPDUs each. On all other floors, MPDUs must not be clustered together. Prior to approval of the site plan signature set, the Applicant must secure approval of the final location of the MPDUs from the Director of Housing and Community Development.

35.                     With the submission of the first building permit application, the Applicant must include a MPDU agreement to be approved by the Mayor and Council and by the City Attorney, pursuant City Code Chapter 13.5 prior to issuance of any residential building permit.

Recreation and Parks

36.                     The record plat must include separate parcels for the Park, as shown on the site plan (the "Park Parcels").

37.                     After recordation of the plat and within thirty (30) days of the Director of Public Works’ written notice that the City is proceeding with issuance of a Request for Bid for the Maryland Avenue Extension CIP project, the Applicant must record a temporary construction easement on the Park Parcels for the benefit of the City for the purpose of carrying out the City’s CIP construction scope of work to reconnect part of the existing 66” storm drain to the relocated storm drain in Maryland Avenue ROW and remove the abandoned storm drain section in the Park Parcels and construct the pavement and streetscape within the adjacent Maryland Avenue ROW.  The temporary construction easement will commence after the Applicant has delivered notice that Applicant has ceased its use of the Park Parcels for Applicant’s construction activities for its improvements on the record lot. The temporary construction easement must, at a minimum, authorize the City to utilize the Park Parcels as a laydown area for the City's construction of the Maryland Avenue Extension for the period of construction of “Phase 1” of Maryland Avenue from Beall Avenue to the northern line of the Record Building Lot.   In the event Phase 1 and “Phase 2” of Maryland Avenue (from the northern line of the Record Building Lot to Dawson Avenue) are contracted as a single continuous phase, the temporary construction easement will automatically extend for the period of construction of all of Maryland Avenue between Beall Avenue and Dawson Street, but in no event will the temporary construction easement on the Park Parcels extend for any period longer than one (1) year nor for any period after building occupancy on the Record Building Lot, except as may be consented to by the Applicant.  The temporary construction easement shall provide that the City will release the temporary construction easement as early as reasonable to allow Applicant to begin construction of the Concept Park Plan/Park Improvements on the Park Parcels. The construction easement must be in a form approved by the Mayor and Council.

38.                     Prior to issuance of occupancy permits, the applicant must provide to the City a performance bond for the full cost of construction of the improvements within the Park Parcels. Sureties must be posted in a form approved by the Office of the City Attorney based on the approved construction estimate.

39.                     Within nine (9) months of: 1) the City’s transmittal to the Applicant of a written notice of completion of all work requiring the City’s use of the Park Parcels and 2) the City has substantially completed the Maryland Avenue CIP improvements, the Applicant must construct and install on the Park Parcels all improvements, amenities, direct and ADA accessible access connection(s) to the existing development on the west and northwest of the Park Parcels, and landscaping listed or shown on the Conceptual Park Plan dated November 22, 2024 as Applicant’s Landscape Plans L2.03 and L2.04, the Park Schedule of Values dated November 25, 2024 (see ‘Schedule of Values’ attachment), or on the Final Forest Conservation Plan (collectively, the “Park Improvements”).  Minor modifications to the Conceptual Park Plan and Park Improvements may be approved by the Director of Recreation and Parks.

40.                     Within thirty (30) days of the Director of Recreation and Parks’ written acceptance of the Park Improvements as complete, the Applicant must convey the Park Parcels to the City in fee simple by deed or other instrument in a form approved by the Office of the City Attorney.

Publicly Accessible Art in Private Development

41.                     The Publicly Accessible Art in Private Development requirement applies to this Project. Prior to issuance of a building permit, Applicant must complete an application along with the required attachments including a final plan for staff approval.