Subject
title
Final Record Plat Applications PLT2025-00627, PLT2025-00628, PLT2025-00629, and PLT2025-00630, for the creation of Record Lots, HOA Parcels, and Dedication of Public Rights-of-Way in conformance with Project Plan PJT2023-00015 and Level 2 Site Plan STP2024-00473, Tower Preserve, in the PD-TO (Planned Development-Tower Oaks) Zone at 2200 Tower Oaks Boulevard; Streetscape Partners/Michael Harris Development, Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Final Record Plat Applications PLT2025-00627, PLT2025-00628, PLT2025-00629, and PLT2025-00630, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Case: Final Record Plat Applications PLT2025-00626, PLT2025-00628, PLT2025-00629 and PLT2025-00630
Location: 2200 Tower Oaks Boulevard
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
nortiz@rockvillemd.gov
Applicant: Streetscape Partners/Michael Harris Development
6345 Executive Boulevard
Rockville, MD 20852
Filing Date: October 11, 2024
Planning
Commission Date: March 12, 2025
Streetscape Partners/Michael Harris Development (“Applicant”) has filed these four Final Record Plat applications to implement Project Plan PJT2023-00015 (“Project Plan”) and Level 2 Site Plan STP2024-00473 (“Site Plan”), Tower Preserve. The Project Plan, approved by the Mayor and Council on October 30, 2023, and the Site Plan, approved by the Planning Commission on July 24, 2024, authorized construction of 82 townhouse units, a community green, and other associated infrastructure improvements on the subject property.
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: |
2200 Tower Oaks Boulevard |
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Planning Area: Land Use Designation: |
Planning Area 12 - Tower Oaks OCRM - Office Commercial Residential Mix |
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Zoning District: |
PD-TO (Planned Development - Tower Oaks) with MXE (Mixed-Use Employment) Equivalent Zone |
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Plat Area: |
PLT2025-00627: 64,871 square feet (1.489 acres) PLT2025-00628: 92,893 square feet (2.136 acres) PLT2025-00629: 48,450 square feet (1.112 acres) PLT2025-00630: 66,281 square feet (1.522 acres) |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
PD - TO (Planned Development - Tower Oaks) |
OCRM - Office, Commercial and Residential Mix |
Office and Restaurant |
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East |
PD - TO (Planned Development - Tower Oaks) |
OSP - Open Space Private |
Open Space (Cabin John Creek) |
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South |
PD - TO (Planned Development - Tower Oaks) |
OSP - Open Space Private |
Stormwater management facility |
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West |
PD - TO (Planned Development - Tower Oaks) |
OCRM - Office, Commercial and Residential Mix |
Vacant |
Aerial
The property is located at 2200 Tower Oaks Boulevard and is identified as Parcel D, Block D of the Tower Oaks subdivision. The property is zoned PD-TO (Planned Development - Tower Oaks) and has an equivalent zone of MXE (Mixed-Use Employment). The total land area is approximately 6.2 acres. The property is partially developed with a private access driveway that runs between Wootton Parkway and Tower Oaks Boulevard and a temporary surface parking lot that was constructed to accommodate the required parking for the office building located at 2000 Tower Oaks Boulevard. The remainder of the property is unimproved with an open lawn and clusters of trees and vegetation. The property is currently encumbered by several easements that will either remain, be relocated, or be extinguished. The existing temporary parking lot is no longer necessary since the Mayor and Council granted a parking waiver for the office building with their approval of the Project Plan. Hence, the temporary parking lot will be removed and replaced with the proposed residential development.
Following is Figure A illustrating the location of the four Tower Preserve Final Record Plats and a description of each Final Record Plat which will result in the implementation of the Project Plan and Site Plan applications.
Figure A. Plat Layout
Final Record Plat PLT2025-00627 will create an approximately 1.489-acre area for Lots 1 - 8 on Block B, Parcel D on Block B, Parcel E on Block A, and proposed Towler Street. Lots 1-8 will accommodate the construction of eight townhouses, and the lots have an area that ranges between 820 and 1,887 square feet. Parcel D is 1,019 square feet and will accommodate the construction of a playground/tot lot. Parcel E is 4,535 square feet and will accommodate open space and is subject to public utility and improvement easements. Both Parcels D and E will be conveyed to and maintained by the Homeowners Association. The Towler Street right-of-way, currently a private driveway through the site, will be dedicated for public use to, and maintained by, the City of Rockville.
Final Record Plat PLT2025-00628 will create an approximately 2.136-acre area for Lots 9 - 53 on Block B and Parcels A, B, and C on Block B. Lots 9-53 will accommodate the construction of 45 townhouses, and the lots have an area that ranges between 770 and 1,895 square feet. Parcel A is 20,981 square feet and will include the development’s community green, open space, and parking. Parcel B is 16,872 square feet and will accommodate the construction of private alleyways. Parcel C is 348 square feet and will accommodate stormwater management infrastructure. Certain lots and all parcels are subject to different easements as noted on the plat. Parcels A, B, and C will be conveyed to and maintained by the Homeowner’s Association.
Final Record Plat PLT2025-00629 will create an approximately 1.112-acre area for Lots 18-29 on Block A, Parcel A on Block A, and proposed Rosefield Lane. Lots 18-29 will accommodate the construction of 12 townhouses, and the lots have an area that ranges between 1,789 and 2,743 square feet. Parcel A is 414 square feet and will accommodate open space. Certain lots and Parcel A are subject to different easements as noted on the plat. Parcel A will be conveyed to and maintained by the Homeowners Association. The Rosefield Lane right-of-way will be dedicated for public use to, and maintained by, the City of Rockville.
Final Record Plat PLT2025-00630 will create an approximately 1.522-acre area for Lots 1 - 17 on Block A, Parcels B, C, and D on Block A, and proposed Hillpark Lane. Lots 1-17 will accommodate the construction of 17 townhouses, and the lots have an area that ranges between 1,774 and 2,964 square feet. Parcel B is 1,119 square feet and will accommodate open space. Parcel C is 2,945 square feet and will be left open (mostly subject to easements). Parcel D is 1,071 square feet and will be open space. Certain lots and all parcels are subject to different easements as noted on the plat. All parcels will be conveyed to and maintained by the Homeowner’s Association. Hillpark Lane right-of-way will be dedicated for public use to, and maintained by, the City of Rockville.
Once the proposed plats are approved and recorded, the building permits for the townhouses may be issued.
Master Plan
The Mayor and Council, based on staff review and recommendation of PJT2023-00015, and the Planning Commission, based on staff review and recommendation of STP2024-00473, found that the Tower Preserve development proposal was not in conflict with the Comprehensive Plan. The subject property is located within Planning Area 12 - Tower Oaks. Several elements of the project application are compliant with goals, policies and actions outlined in the Planning Area 12 chapter of the City’s Comprehensive Plan. These compatibilities are:
• Addressing key concerns, including “Interest in minimizing adverse environmental impacts from development of remaining natural areas on forests, habitat fragmentation, and species displacement” and “Concern about the relatively slow pace of site development.” (page 367)
• “Foster sufficient market-rate housing development to provide housing affordable for the wide range of those who live, and wish to live, in Rockville.” (page 193)
• “Promote diversity in the supply of housing to meet market demand and the wide range of community needs and household incomes.” (page 198)
• “Allow new housing in locations where amenities and infrastructure already exist, and that are compatible with the existing neighborhood.” (page 200)
Additionally, the 2040 Plan calls for incorporating bicycle infrastructure in the project. The Applicant is proposing a buffered bike lane along proposed Towler Street. This lane is separated from traffic by a striped buffer throughout the frontage of the project site, before it terminates into a “sharrow” north of the intersection of proposed Towler Street and proposed Hillpark Lane. This bike lane also connects into the existing shared sidewalk and bike path along the south of the site.
Zoning Ordinance Compliance
These Final Record Plats meet the conditions of approval as defined in Section 25.21.02, Final Record Plats, of the Rockville Zoning Ordinance.
The Applicant submitted and received approval from the setback requirements of the property’s MXE equivalent zone. The Planning Commission found, based on staff review and recommendation, that the Level 2 Site Plan was consistent with the Zoning Ordinance requirements. Aside from the setbacks, all other development standards, open area and public use space, and parking requirements have been met. Additionally, the Applicant complied with the landscaping requirements of the ordinance.
Adequate Public Facilities Standards (APFS)
A determination of Adequate Public Facilities was made with the Tower Preserve Project Plan application. The Final Record Plats are consistent with the Project Plan approval, and therefore the determination of adequate public facilities remains in effect.
• Comprehensive Planned Development Application CPD-1-85 was approved by Mayor and Council on October 12, 1987. The subject property is within Development Area 4 of the approved concept plan. Development Area 4 was authorized for 400,000 gross square feet (gsf) of office, a 300-room hotel, and 75,000 gsf of health and recreation facilities.
• On March 7, 1990, the Planning Commission approved a density transfer of the office use within the Tower Oaks development. In Development Area 4, office density was reduced from 400,000 gsf to 285,000 gsf. The hotel and health and recreation facilities densities remained the same.
• On December 14, 2005, the Planning Commission approved Comprehensive Planned Development application CPD2005-0001M to construct a 9-story, 198,000 square foot office building, a 300 unit hotel (200 traditional guest rooms and 100 hotel residences) and a 75,000 square foot fitness center.
• The Planning Commission approved Detailed Application Amendment CPD2005-001M1 on June 11, 2008. The request was for the reconfiguration of the parking garage to serve the hotel and fitness center to be built at 2200 Tower Oaks Boulevard.
• Minor Site Plan Amendment STP2012-00102 was approved in October 2011. The approval authorized an alternate phasing plan pertaining to the construction of a temporary parking lot #2.
• Minor Site Plan Amendment STP2015-00243 was approved in March 2015 to allow restaurant use to locate in the office building located at 2000 Tower Oaks Boulevard.
• The Mayor and Council approved Project Plan Application PJT2023-00015 amending the Tower Oaks Planned Development to allow the development of 82 townhouses, including a minimum of 15% MPDUs on 2200 Tower Oaks Boulevard and authorizing an 18% parking reduction for the existing office building located at 2000 Tower Oaks Boulevard. The Mayor and Council also approved a road code waiver for proposed Public Streets A, B, and C.
• On July 24, 2024, the Planning Commission approved Level 2 Site Plan Application STP2024-00473. The Level 2 Site Plan Application was submitted as required by the Zoning Ordinance to implement Project Plan Application PJT2023-00015. The Applicant also requested to waive the equivalent zone standards for building setbacks in the MXE zone. The waiver request was granted by the Planning Commission.
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 Tower Preserve development project has been the subject of various public hearings before the Planning Commission and Mayor and Council as outlined in the ‘Previous Related Actions’ section of this report. Additionally, the Project Plan and Site Plan required neighborhood area meetings at 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 Project Plan and Site Plan for the property.
Final Record Plats PLT2025-00627, PLT2025-00628, PLT2025-00629 and PLT2025-00630 meet the conditions of approval as defined in Section 25.21.02 - Final Record Plats of the City of Rockville Zoning Ordinance.
Staff note that the street names for the dedicated public streets are approved by the approval of the Final Record Plat applications.
Staff recommend approval of Final Record Plat Applications PLT2025-00627, PLT2025-00628, PLT2025-00629, and PLT2025-00630, 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.
3. The site plan signature set for STP2024-00473 must be approved prior to recordation of the subject plats.
Department of Public Works - Engineering
4. 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.
5. Prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat, 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.
6. 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.
7. Applicant shall execute a Revocable License and Maintenance Agreement for the shared maintenance of Stormwater Management Facilities located within the public right-of-way. The agreement must be executed by the property owner and other parties of interest and submitted for review and approval by DPW and the Office of the City Attorney. The Revocable License and Maintenance Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records prior to DPW issuance of any SMP permit.
8. The existing private access drive (proposed Towler Street) shall be conveyed to the City through right-of-way dedication on a Final Record Plat. Prior to City acceptance for maintenance, the Applicant shall identify all existing improvements as either to be conveyed to the City for public ownership and maintenance, to be abandoned and removed, or to remain under private ownership and maintenance. The right-of-way and improvements to be conveyed to the City must be inspected, as-built surveyed and their condition evaluated to ensure they meet City standards and specifications. If, at the sole discretion of the Director of Public Works, the improvements to be conveyed to the City are deemed substandard, they must be mitigated or replaced before the improvements (and the corresponding ROW) are accepted for public maintenance and use.
9. Applicant shall execute a Revocable Right-of-Way Agreement for the private maintenance of existing private improvements that will remain within the dedicated Towler Street public right-of-way. The agreement must be executed by the property owner and other parties of interest and submitted for review and approval by DPW and the Office of the City Attorney. The Revocable Right-of-Way Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records with the abutting land associated with the private improvements prior to DPW issuance of a Public Works Permit for the Towler Street right-of-way.
10. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and grant a minimum 1’ Public Improvement Easement (PIE) adjacent to public rights-of-way for maintenance of public sidewalks. The PAE and 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.
11. 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.
12. The Final Record Plat must include:
o Dedication of rights-of-way and easements per the approved street sections;
o All necessary easements and abandonments.
13. No DPW permits will be issued prior to the recordation of the plats dedicating all necessary right-of-way to the City.