Subject
title
Final Record Plat Applications PLT2025-00637, PLT2025-00638, and PLT2025-00639, for the creation of Record Lots, HOA Parcels, and Dedication of Public Right-of-Way in conformance with Project Plan PJT2024-00017 and Level 2 Site Plan STP2024-00493, Rockshire VIllage, in the PD-RS (Planned Development-Rockshire) Zone at 2401 Wootton Parkway; EYA Development, LLC., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Final Record Plat Applications PLT2025-00637, PLT2025-00638, and PLT2025-00639, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Case: Final Record Plat Applications PLT2025-00637, PLT2025-00638, and PLT2025-00639
Location: 2401 Wootton Parkway
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
nortiz@rockvillemd.gov
Applicant: EYA Development, LLC.
6345 Executive Boulevard
Rockville, MD 20852
Filing Date: January 30, 2025
Planning
Commission Date: June 11, 2025
EYA Development, LLC. (“Applicant”) has filed three Final Record Plat applications to implement Project Plan PJT2024-00017 (“Project Plan”) and Level 2 Site Plan STP2024-00493 (“Site Plan”), for the Rockshire Village Center. The Project Plan, approved by the Mayor and Council on May 20, 2024, and the Site Plan, approved by the Planning Commission on October 23, 2024, authorized construction of a total of 60 dwelling units, including 31 single-unit detached dwellings and 29 townhouses, up to 5,200 square feet of commercial and office use, a neighborhood park, 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.
|
Location: |
2401 Wootton Parkway |
|
Planning Area: Land Use Designation: |
Planning Area 14 - Rockshire and Fallsmead RF - Residential Flexible |
|
Zoning District: |
PD-RS (Planned Development - Rockshire) with MXNC (Mixed-Use Neighborhood Commercial) Equivalent Zone |
|
|
|
|
Plat Area: |
PLT2025-00637: 189,952 square feet (4.36 acres) PLT2025-00638: 95,988 square feet (2.20 acres) PLT2025-00639: 33,026 square feet (0.76 acres) |
Surrounding Land Use and Zoning
|
Location |
Zoning |
Planned Land Use |
Existing Use |
|
North |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
|
East |
PD - RS (Planned Development - Rockshire) |
I - Private Institution & OSP - Open Space Private |
Korean Presbyterian Church and Rockshire Community Pool |
|
South |
PD - RS (Planned Development - Rockshire) |
RA - Residential Attached |
Townhouses |
|
West |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
Aerial
The site is identified as Parcel A of the Rockshire Village Center plat and is located at the southeastern corner of Wootton Parkway and Hurley Avenue, approximately 600 feet north of Thomas S. Wootton High School. The site’s frontage along Wootton Parkway is approximately 610 feet, and the Hurley Avenue frontage is approximately 545 feet. The Property is within the PD-RS (Planned Development - Rockshire) Zone and has an equivalent zone of MXNC (Mixed-Use Neighborhood Commercial).
The site is currently improved with a one-story, 51,862 square-foot shopping center constructed in the 1970s and a large impervious surface parking lot. Large mature trees and plantings line the Wootton Parkway and Hurley Avenue frontages. The site is mostly flat except for a landscape berm along Hurley Avenue and a portion of Wootton Parkway.
Following is Figure A illustrating the location of the three Rockshire Village 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 PLT2025-00637 will create an approximately 4.36-acre area for Lots 1 - 18, and Parcels A - D on Block A; Lots 1 - 13, and Parcels A - D on Block B; and a 330-foot Rockshire Place right-of-way extension. All 31 lots will accommodate the construction of single-family detached dwellings, and the lots have an area that range between 3,251 and 4,017 square feet.
Final Record Plat PLT2025-00638 will create an approximately 2.20-acre area for Lots 19 - 37, and Parcels E - I on Block A; and the remaining Rockshire Place right-of-way extension. Townhouses will be constructed on Lots 19 - 36, a commercial/office building will be constructed on Lot 37, and the neighborhood park will be constructed on a portion of Parcel H.
Final Record Plat PLT2025-00639 will create an approximately .76-acre area for Lots 14-24, and Parcels E - H on Block B. Eleven townhouses will be constructed on Lots 14-24 and the lots have an area the range between 688 and 1,151 square feet.
All Parcels will be conveyed to and maintained by the Homeowners Association (HOA). Several easements are proposed throughout the site as noted on the three plats. The Rockshire Place right-of-way will be dedicated for public use and maintained by the City of Rockville. Once the proposed plats are approved and recorded, the building permits may be issued.
Master Plan
The Mayor and Council, based on staff review and recommendation of PJT2024-00017, and the Planning Commission, based on staff review and recommendation of STP2024-00493, found that the Rockshire development proposal was not in conflict with the Comprehensive Plan. The subject property is located within Planning Area 14 - Rockshire and Fallsmead. Several elements of the project application are compliant with goals, policies and actions outlined in the City’s Comprehensive Plan. These compatibilities are:
• “The Rockshire Village Center property is planned for a mix of residential housing types with the potential for small-scale commercial uses under the RF (Residential Flexible) land use designation. Any new housing development should include neighborhood-serving retail space and/or provide a significant gathering space that would be an asset to the broader community beyond the site” (page 378). The Applicant is proposing a mix of housing types, small-scale commercial uses, and a community gathering space.
• “Amend the approved planned development for the property to allow residential uses (preferably single-unit detached homes or attached townhouses/row houses) if the proposed residential development includes neighborhood-serving retail and/or community gathering space” (page 378). The Applicant is proposing both detached single-unit and townhouse housing types and is also proposing neighborhood-serving retail.
• “Any new development at the Rockshire Village Center site should blend well with adjacent housing in terms of scale, massing, and height. Building heights adjacent to and close to existing housing should complement existing conditions. Building heights may be slightly taller along Wootton Parkway, along the perimeter shared with the church, and within the interior of the site. Retail uses should have good visibility and/or visible signage from Wootton Parkway. Parking for the Rockshire HOA swimming pool must be provided in close proximity to the path connecting the site with the pool” (page 379). The Applicant is proposing housing styles and designs that blend with the neighboring community and fall below the maximum height allowed of 45 feet. Additionally, the Applicant is providing parking for the Rockshire HOA swimming pool as a part of this development.
Zoning Ordinance Compliance
These Final Record Plats meet the conditions of approval as defined in Section 25.21.02, Final Record Plats, of the Zoning Ordinance.
The Applicant submitted and received approval from the parking (for the commercial/office building) and setback requirements of the property’s MXNC 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 parking and setbacks, all other development standards, open area and public use space, and bicycle parking requirements have been met.
Adequate Public Facilities Standards (APFS)
A determination of Adequate Public Facilities was made with the 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.
• On March 7, 1966, Mayor and Council approved Resolution No. 21-66 for Exploratory Application establishing the Rockshire Planned Development and Rockshire Village Center on the subject property. The property was later developed into a shopping center.
• On May 20, 2024, the Mayor and Council approved Project Plan Application PJT2024-00017 amending the Rockshire Planned Development to allow the development of 60 residential units, including a minimum of 15% MPDUs, up to 5,200 square feet of retail and office, and a centrally located neighborhood park on the subject property. The Mayor and Council also approved a parking reduction associated with the commercial/office building, a setback waiver, and a road code waiver to permit the construction of a dead-end alley.
• On October 23, 2024, the Planning Commission approved Level 2 Site Plan Application STP2024-00493. The Level 2 Site Plan Application was submitted as required by the Zoning Ordinance to implement Project Plan Application PJT2024-00017. The Applicant also requested to waive certain requirements of the Landscaping, Screening, and Lighting Manual. The waiver 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 Rockshire development project has been the subject of various project briefings and public hearings before the Planning Commission and Mayor and Council. 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 PLT2025-00637, PLT2025-00638, and PLT2025-00639 meet the conditions of approval as defined in Section 25.21.02 - Final Record Plats of the Zoning Ordinance.
Staff note that the street name for the dedicated public street (Rockshire Place) is approved by the approval of the Final Record Plat applications.
Staff recommend approval of Final Record Plat Applications PLT2025-00637, PLT2025-00638, and PLT2025-00629, subject to the conditions 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 STP2024-00493 must be approved prior to recordation of the subject plats.
Forestry
4. This plat is subject to a forest conservation easement recorded by separate documents among the land records of Montgomery County, Maryland, following recordation of this plat.
Department of Public Works - Engineering
5. 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.
6. 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 dedicated to the City of Rockville as necessary for the construction of the development, including all easements located in proposed rights-of-way. Termination or abandonment of such easements dedicated to the City of Rockville 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.
7. 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. If required by the terms of any existing easement granted to an entity other than the City of Rockville, Applicant must submit plans for work within the easement to Grantee for review. If Grantee’s permission for such work is required by an existing easement, the applicant must secure Grantee’s written permission for any proposed development activity within the easement, or the easement must be extinguished, prior to the submission of an application for any DPW permit.
8. The Applicant shall execute Revocable License and Maintenance Agreement for all private uses and private encroachments, including neighborhood signage, e-scooters, and cluster mailboxes, located within the proposed rights-of-way. The agreement must define the private improvements and uses allowed within the rights-of-way and specify the Applicant’s obligations to maintain the private improvements. The agreement must be executed by the property owner and other parties of interest and be submitted review and approval by DPW and the Office of the City Attorney. The agreement must be authorized by Mayor and Council prior to DPW issuance of any PWK permit. The 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 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.
9. The Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and for sidewalks within the neighborhood park and along the eastern property line. The Applicant must also grant a 1’ Public Improvement Easement (PIE) adjacent to proposed public rights-of-way for maintenance of public sidewalks, excepting and excluding the area adjacent to the south side of the east/west public street abutting the project boundary line. 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.
10. 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.
11. The Record Plat must include:
o Dedication of rights-of-way and easements per the approved street sections;
o All necessary easements and abandonments.
12. Except for permits associated with the demolition of the existing building, no DPW permits will be issued prior to the recordation of the plats dedicating all necessary right-of-way to the City.