Overview
Case: Subdivision Waiver 2027-410-WAV
Location: 2277 Research Boulevard
Staff: Christopher Davis
Community Planning and Development Services
240.314.8201
cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>
Applicant: PA/MD NNN Office Research, LLC, c/o Dan Bartok
Filing Date: August 13, 2026
Background & Project Description
For detailed information on the project background and description, please refer to the associated Waiver application 2026-322-WAV included within this agenda item.
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Discussion/ Analysis
The applicant is proposing to remove the existing 7-story 144,323 square foot office building (2277 Research Boulevard; the “Property”) in order to construct 131 residential dwelling units of stacked condos and townhomes, retain the other two office buildings and renovate the ground floor levels to add restaurant uses to the existing buildings.
On June 29, 2026, the Mayor and Council adopted the Zoning Ordinance Rewrite and this new Zoning Ordinance became effective on August 1, 2026. As authorized by the newly adopted Zoning Ordinance, this project is being reviewed under the previous Zoning Ordinance (“Ordinance”). Section 25.21.16.b.4 (Streets and public infrastructure) of the Ordinance, which requires, “Streets must be continuous and in alignment with existing roads as far as practicable, and compose a convenient system to ensure free circulation of vehicular and pedestrian traffic.” As described below, the project proposes new internal public streets, some of which will terminate in lieu of being continuous as required.
Site Plan exhibit showing proposed Public Streets B &C. (provided by applicant; markups by staff)
To facilitate the proposed site changes, the applicant is proposing to construct an internal network of public streets to accommodate the residential units delivered as part of Phase 1A in the northern third of the site. The applicant is also proposing to maintain two (2) existing office buildings and the system of private driveways and parking spaces that serve these commercial uses beyond the limits of Phase 1A across the remainder of the site until it determines what the market will support as part of a future phase of redevelopment. Given that this portion of the Property is currently served by a network of private driveways that allow for safe and efficient circulation and parking for the various office tenants, the applicant submits that it would create an undue hardship if they were required to continue Street B and Street C (proposed as public secondary residential streets) through the entire Property as part of this initial redevelopment phase. Due to these unique circumstances, the applicant is proposing to terminate Street B and Street C in a manner that will accommodate the needs of the proposed residential uses located within Phase 1A (pedestrians, vehicle, fire department, and trash/recycling operations) while allowing for the existing private roadways serving the office uses on the rest of the Property to remain functioning.
The applicant notes that continued functionality of the existing private roadways to serve the offices uses are an important and required aspect for existing office tenant leases. As shown on the site plan above, Street B and Street C are proposed to terminate in a safe and efficient manner. Streets B and C will terminate and be separated from existing adjacent private roadways by removable bollards, which will restrict general vehicular traffic but can be removed in emergency situations. Both Streets B and C within the proposed residential areas will provide sidewalk connections to existing sidewalks which will allow pedestrian connectivity between the proposed residential and commercial uses. The applicant’s proposed roadway terminations are preferrable to requiring cul-de-sacs to be constructed terminating these internal streets because it allows for better connectivity and cohesiveness between the mix of residential and commercial uses in this interim condition.
The applicant has indicated at a future time, the scope and type of uses will be determined for the southern two-thirds of the site including the two existing office buildings that are proposed to remain through Phase 1B (the area shown to the right of the red line in the graphic below). Such decisions will dictate whether Street B and Street C can be continued as secondary residential streets to accommodate residential uses, remain as private driveways, or be further improved to accommodate new or different uses in the future. The applicant’s prepared exhibit shown below shows possible ways for Streets B and C to be continued to later phases of development.
Exhibit showing proposed project phasing. Phase 1A (Residential; left of red line) and Phase 1B (Commercial; (right of red line). (provided by applicant)
Findings
Section 25.21.07 of the Ordinance provides for waivers from subdivision requirements if meeting certain findings. The required waiver findings are stated below:
“If the Planning Commission finds that undue hardship will result from strict compliance with any requirement of this chapter, it may grant a waiver or modification from such requirement so that substantial justice may be done if the public health, safety, aesthetics, or general welfare will not be impaired, and the waiver will not be contrary to the intent and purpose of the plan or this chapter.”
The applicant has provided justification for the requested waiver (See Attachment #2: Subdivision Waiver Statement of Justification). As noted above, the strict application of Section 25.21.16.b.4 of the Subdivision Regulations would require the applicant to continue Street B and Street C through the entire Property in a manner that would conflict with the existing office uses and impair the applicant’s obligations to tenants in the office building. It is also not practical to require the applicant to terminate each street with a cul-de-sac because the ultimate build-out of the Property contemplates additional changes to the site in the future, and the use of cul-de-sacs would discourage the goals of connectivity and compatibility between commercial and residential uses. The applicant also notes that the Rockville 2040: Comprehensive Plan Update (the “Comprehensive Plan”) recommends that the Property “provide amenities and uses that would support and complement office and commercial uses in the area.” (Comprehensive Plan, p. 388). The applicant’s request for the subject Subdivision Waiver supports the applicant’s efforts to establish various uses (infill residential and existing office uses) and amenities (open area and public use space, plus new restaurant uses) to better complement each other through the connections contemplated by Street B and Street C.
In granting the waiver, staff finds that the public health, safety, aesthetics and general welfare will not be impaired. The design of Street B and Street C will allow for safe and efficient movements for the proposed residential uses while preserving the existing access and operations used by the office buildings that will remain. Public safety will be ensured by accommodating emergency vehicle access through the dead ends. The design of the internal public roads will enhance the general welfare by allowing for a more complementary design between the existing office uses and the proposed residential units and amenities. Finally, the granting of the application will not be contrary to the intent and purposes of the Comprehensive Plan or Subdivision Regulations. The Comprehensive Plan recommends “mixed-use development … encouraging a mix of office, commercial, and/or residential uses” and provides that “Redevelopment of property in this area should contribute toward a pedestrian-oriented, urban-scale streetscape.” (Comprehensive Plan, p 388). The applicant’s proposed design for Street B and Street C is necessary to allow for a mix of uses at the Property and will contribute toward a pedestrian-oriented streetscape that will be improved further as additional phases of redevelopment occur.
The Subdivision Regulations are located within Chapter 25 of the Ordinance, which provides the following relevant purposes:
• Promote the City as an inclusive community by facilitating diversity in housing, building design, and land use;
• Promote alternative modes of transportation by providing convenient, safe, and connected accessibility to public transportation, pedestrian and bicycle systems, inviting streetscapes, and a mixture of uses;
• Ensure that development occurs in an orderly fashion consistent with the master plan (the "plan") and the availability of adequate infrastructure capacity and other public facilities;
• Foster innovative, creative, sustainable, and flexible building and site design; and
• Provide attractive, high quality development and design that enhances the community's quality of life;
The applicant’s requested Subdivision Waiver is consistent with each of these purposes as it will allow for redevelopment of the Property as contemplated by the Comprehensive Plan with a mix of uses and upgraded streetscapes, open areas, and public use space. The requested waiver and associated site plan amendment is necessary to replace and upgrade an outdated and underutilized office building with infill residential units, restaurant uses, streetscape improvements, and public open spaces that will further Comprehensive Plan’s vision for the Property.
Community Outreach
No public notification is required for Subdivision Waivers.
Conditions
There are no conditions associated with the staff recommendation.
Recommendation
Given the reasoning presented herein and having found that the required findings have been met, staff recommends approval of subdivision waiver 2027-410-WAV.