Subject
title
Final Record Plat Application PLT2025-00626, to Resubdivide Record Lot 6, Block A of the Victory Court Subdivision, Located in the MXT (Mixed-Use Transition) Zone and Rockville Heights Historic District at 107 Fleet Street; Habitat for Humanity Metro Maryland, Applicant
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Department
CPDS - Development Review
Recommendation
Staff recommend approval of Final Record Plat Application PLT2025-00626, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Case: Final Record Plat Application PLT2025-00626
Location: 107 Fleet Street
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
nortiz@rockvillemd.gov
Applicant: Habitat for Humanity Metro Maryland
8380 Colesville Road, Suite 700
Silver Spring, MD 20910
Filing Date: July 23, 2024
Planning
Commission Date: February 19, 2025
Habitat for Humanity Metro Maryland (“Applicant”) proposes to resubdivide Record Lot 6, Block A, of the Victory Court subdivision into Lots 6A and 6B, to accommodate the construction of a two-story duplex building as authorized by Site Plan application STP2024-00481. Since the property lies within the Rockville Heights Historic District, the Historic District Commission (HDC) conducted a courtesy review of the project on November 16, 2023 and a final review on March 21, 2024, approving the project. Site Plan application STP2024-00481 and this plat are consistent with the HDC’s approval.
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: |
107 Fleet Street (“Property”) |
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Planning Area: Land Use Designation: |
Planning Area 4 - West End & Woodley Gardens East-West OCRM - Office Commercial Residential Mix |
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Zoning District: |
MXT (Mixed-Use Transition District) and Rockville Heights Historic District |
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Plat Area: |
5,019 square feet (.115 acres) |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXNC |
OCRM - Office, Commercial and Residential Mix |
Office |
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East |
MXT |
OCRM - Office, Commercial and Residential Mix |
Residential |
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South |
MXT |
RM - Residential Multiple Unit |
Multi-family |
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West |
MXT |
OCRM - Office, Commercial and Residential Mix |
Residential |
Site Analysis
The Property is zoned Mixed Use Transition (MXT) and located along the south side of Fleet Street between Maryland Avenue to the west and Monroe Street to the east. The existing lot is approximately .115 acres in size and measures approximately 60 feet wide by 84 feet deep. The Property is currently vacant, and the grade of the site rises from the front to the rear. Several mature trees border the front and rear lawn of the Property.
The Applicant has filed this Final Record Plat application to implement Minor Site Plan application STP2024-00481. The Applicant intends to resubdivide the existing record lot into two separate lots, 6A and 6B. Proposed Lot 6A will have an area of 2,516 square feet and measure 29.81 feet wide by approximately 84 feet deep. Proposed Lot 6B will have an area of 2,503 square feet and measure 29.81 feet wide by 84 feet deep. A 10-foot public utility easement and a sidewalk easement, both dedicated through the previous plat, exist at the front of the proposed lots. Access to the lots will be provided from Fleet Street.
The Applicant seeks to construct a two-story duplex. Each unit will be located on its own record lot. The units were reviewed and recommended for approval by the HDC. The site plan was also reviewed for conformance with our development codes and was approved by the Chief of Zoning in November 2024.
Comprehensive Plan
The proposal to construct a duplex on the subject Property is compliant with the City’s Comprehensive Plan. The Property is located within Planning Area 4. Several elements of the project are consistent with goals, policies, and actions outlined in the Planning Area 4 chapter of the Comprehensive Plan. These compatibilities are:
• “Assure that affordable housing is distributed throughout the city.” - page 293.
• “Encourage mixed-income and subsidized housing developments to be distributed throughout the city.” - page 293.
• “Preserve the historical setting, environment, and residential character of the surrounding neighborhood by ensuring that expansions or additions to historic structures are appropriate in mass, scale, parking location and design, and environmental setting to the main historic structure and surrounding neighborhood. Exterior modifications to historic properties, except as described in the Zoning Ordinance, must receive a Certificate of Approval from the Historic District Commission.” - page 308.
Additionally, the proposal is also consistent with many of the goals, polices and actions within the Housing Element of the Comprehensive Plan. These compatibilities include:
• Policy 2: “Promote diversity in the supply of housing to meet market demand and the wide range of community needs and household incomes.” - page 198.
• 2.2: “Work with neighborhoods to promote small-scale infill and redevelopment projects that will diversify the housing stock and lower per unit land costs for new housing, including townhouses, rowhouses, duplexes, triplexes, fourplexes, and small multiple-unit properties.” - page 199.
• Policy 7: “Assure that affordable housing is distributed equitably throughout the city.” - page 205.
Zoning Ordinance Compliance
During the review of the site plan, staff found the proposal consistent with the Zoning Ordinance. All development standards including height, setback, open area and parking requirements will be met. Furthermore, the proposed building will meet the Zoning Ordinance’s special design regulations of the MXT Zone.
This Final Record Plat meets the conditions of approval as defined in Section 25.21.02, Final Record Plats, of the Rockville Zoning Ordinance.
Tree Planting
Section 25.21.21 of the Zoning Ordinance requires tree planting in association with subdivision. The Applicant is required to plant trees in association with each newly subdivided residential lot. Both of the proposed residential lots are proposing to plant five (5) trees on the respective lots. The plantings exceed the lot tree requirements in Section 25.21.21.
Section 25.21.21 also requires the following:
The subdivider shall plant at least one (1) street tree per forty (40) feet of lot frontage within the public right-of-way or if approved by the Approving Authority, adjacent to the public right-of-way. The species, location, and method of planting shall be approved by the Urban Forester or designated staff.
The proposed subdivision results in approximately 60' of frontage within the public right-of-way. This results in a street tree planting requirement of two (2) trees. The applicant is proposing to plant two (2) trees adjacent to the public right-of-way. Staff finds this meets the requirements of Section 25.21.21 by providing trees adjacent to the right-of-way, should the Planning Commission choose to approve it.
• At its June 23, 2010 meeting, the Planning Commission approved Level 2 Site Plan STP2010-00034. While the site plan included the subject property, the main purpose of the site plan was for the development of an 86-unit senior housing apartment building for independent elderly residents on a neighboring lot, 209 Monroe Street.
• The Planning Commission approved Final Record Plat application PLT2011-00505 on October 27, 2010. The plat created a total of 7 lots and 2 outlots. Record Lot 6 (subject property) was one of the 7 lots. The plat was submitted as conditioned by the Level 2 Site Plan STP2010-00034 approval.
• On November 8, 2024, the Chief of Zoning approved Minor Site Plan Amendment application STP2024-00481 to permit the construction of a two-story duplex on the Property and associated site improvements.
Public notification of the Final Record Plat 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 application.
Findings and Recommendation
There are no required findings that need to be made as part of the approval for this Final Record Plat. The plat is in compliance with the approved site plan for the property.
Final Record Plat PLT2025-00626 meets the conditions of approval as defined in Section 25.21.02 - Final Record Plats, of the City of Rockville Zoning Ordinance.
Staff recommend approval of Final Record Plat Application PLT2025-00626, 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 application 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. 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.
5. The Record Plat must include:
a. All necessary easements and abandonments.