City of Rockville
M E M O R A N D U M
February 5, 2025
TO: Planning Commission
FROM: Christopher Davis, Senior Planner
SUBJECT: Time Extension Request - STP2016-00283
FP 540 Gaither, LLC & FP Redland Technology Center LP
520, 530 & 540 Gaither Road, Rockville, Maryland 20850
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Background
At its October 19, 2016 meeting the City of Rockville Planning Commission voted to approve the above-referenced site plan application. This approval allowed for three additional phases to be added to the existing office park known as Redland Technical Center. Phase One approved construction of a 2,500 square foot Café pavilion, landscape plaza and façade improvements to the existing building at 540 Gaither Road. Phases Two and Three were approved for construction of two Class “A” office buildings of up to 300,000 square feet, with structured and surface parking on the existing surface parking areas. A parking waiver of 1.5% was also approved to allow for a waiver of the construction of 25 parking spaces.
At its May 8, 2019 meeting, the City of Rockville’s Planning Commission voted to approve designs for the project. Specifically, this approval allowed for the 11th floors of the future buildings at 560 and 570 Gaither Road, to be set back 15 feet from the other floors. This approval satisfied condition #22 of the original site plan approval (STP2016-00283).
Section 25.07.06.c of the Zoning Ordinance states that all phases of a multi-building or multi-phase project which has received site plan approval must be commenced within eight (8) years from the effective date of site plan approval unless another time frame is provided by the Ordinance or by the terms of approval. A site plan approval will become void for those buildings or phases within a multiple building or phased development for which construction has not commenced within eight (8) years from the date of approval or the permit will expire. Section 25.07.06 of the Zoning Ordinance requires that the construction must commence pursuant to a validly issued building permit within two (2) years of the effective date of the Planning Commission approval. However, the original approval specified that the Planning Commission may, for good cause shown, grant no more than two (2) extensions of not more than six (6) months each for any prior approval subject to the provisions of Section 25.05.08 “Extension of Implementation Period.”
The expiration of the site plan is based on the initial approval date of STP2016-00283. Thus, in accordance with the Planning Commission’s letter of approving the referenced site plan, dated November 28, 2016, said site plan approval was scheduled to expire on November 28, 2024. However, the applicant submitted the subject request on November 26, 2024, prior to formal expiration.
Request
The applicant has indicated that while Phase I of the project has been completed, Phases II and III for the construction of the two Class “A” office buildings, along with structured and surface parking have yet to commence due to challenges in securing tenants for such buildings resulting from the pandemic and related effects on the commercial office market. The applicant indicates that it is currently seeking to secure tenants for these office buildings but needs additional time beyond the original expiration date, and beyond the 6-month period allowed for a possible first extension, to fulfill the City’s requirements for implementation including obtaining the necessary building permits for the future building phases. Therefore, the applicant has requested the subject extension and specifically requests approval of both 6-month extension periods permitted under the terms of the prior approval, for a cumulative extension of twelve (12) months until November 28, 2025. The application submission for extension includes the applicant’s justification for the request and addresses the criteria for extension of the site plan implementation period established in Section 25.05.08 (See Attachment - Extension Application Materials).
Staff Recommendation
Based on assessment of the applicant’s submitted materials, staff recommends that the Planning Commission grant the request for a twelve (12) month extension of the implementation period of the site plan until November 28, 2025.
Should the Planning Commission grant the extension as requested, the site plan approval would remain in full force and effect until November 28, 2025, allowing the applicant an opportunity to fully satisfy all of the associated conditions of the project’s approval.