Subject
title
Final Record Plat Applications PLT2025-00632, PLT2025-00633, PLT2025-00634, PLT2025-00635, and PLT2025-00636, to Resubdivide Lots 5, 6, 7, and 8 of the Danac Technological Park Subdivision in conformance with Project Plan PJT2017-00007 and Level 2 Site Plan STP2020-00393, located in the MXE (Mixed-Use Employment) Zoning District at 15815 Shady Grove Road, 15825 Shady Grove Road, 2 Choke Cherry Road, and 2092 Gaither Road; Toll Mid-Atlantic LP Company, Inc., Applicant
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Final Record Plat Applications PLT2025-00632, PLT2025-00633, PLT2025-00634, PLT2025-00635, and PLT2025-00636, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Overview
Case: Final Record Plat Applications PLT2025-00632, PLT2025-00633, PLT2025-00634, PLT2025-00635, PLT2025-00636
Location: 15815 Shady Grove Road
15825 Shady Grove Road
2 Choke Cherry Road
2092 Gaither Road
Staff: Kimia Zolfagharian, Principal Planner
Community Planning and Development Services
kzolfagharian@rockvillemd.gov
Applicant: Toll Mid-Atlantic LP Company, INC.
12020 Sunrise Valey Drive, Suite 200
Reston, VA 20191
Filing Date: November 12, 2024
Executive Summary
Toll Mid-Atlantic LP Company (“Applicant”) proposes to resubdivide Lots 5, 6, 7, and 8 of the Danac Technological Park Subdivision, to accommodate the construction as authorized by Project Plan Application PJT2017-00007, the related Level 2 Site Plan STP2020-00393, and subsequent related site plan filings.
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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Site Description
|
Location: |
15815 Shady Grove Road 15825 Shady Grove Road 2 Choke Cherry Road 2092 Gaither Road |
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Planning Area: |
Planning Area 16 - King Farm & Piccard Drive |
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Land Use Designation: |
OCRM - Office Commercial Residential Mix |
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Zoning District: |
Mixed-Use Employment (MXE) |
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Plat Area: |
PLT2025-00632: 77,127 square feet (1.77 acres) PLT2025-00633: 71,264 square feet (1.63 acres) PLT2025-00634: 121,265 square feet (2.78 acres) PLT2025-00635: 94,004 square feet (2.15 acres) PLT2025-00636: 114,706 square feet (2.63 acres) |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXE |
Restricted Industrial/Office Park |
Office Use |
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East |
PD-KF |
Planning Development (PD) |
King Farm PD single family and townhomes |
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South |
PD-UR |
Restricted Industrial/Office Park |
Upper Rock PD Apartments and Grocery Store |
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West |
City of Gaithersburg |
City of Gaithersburg |
Retail Center |
Site Analysis
The Phase being reviewed as part of this application is 11.5 acres in size and located within the southernmost quarter of the site adjacent to Choke Cherry Road and the King Farm Planned Development and is part of the overall site included in STP2020-00393, which is 31 acres in size and includes four parcels located along Shady Grove Road between Gaither Road and Choke Cherry Road: 15825 Shady Grove Road, 2092 - 2098 Gaither Road, and 2 - 4 Choke Cherry Road. Zoned MXE (Mixed Use Employment), the property includes office buildings and surface parking lots developed in the 1960s and 1970s. The property is across the street from the Home Depot shopping center in Gaithersburg and directly abuts both the King Farm Planned Development to the east and the Upper Rock Planned Development to the south.
Project Description
The following plan illustrates the location of the five Shady Grove Neighborhood Center 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.
Final Record Plat PLT2025-00632 will create an approximately 1.77-acre area for Parcel A, Block A, and will include a Forest Conservation Easement, Utility Easements, and Storm Drain Easement. This parcel will include the development of the one-acre park at the rear of the site, approved with STP2020-00393. This park property will be conveyed to the city and will connect to the city-owned space in the adjacent King Farm neighborhood.
Final Record Plat PLT2025-00633 will create an approximately 1.63-acre area dedicated for Clove Hill Street and Choke Cherry Road, and Parcel B, Block A for Lots 1 through 5, of which 1.41 acres is dedicated to public use. All five lots will accommodate the construction of Single-Family Attached Dwellings with lot areas that range between 912 square feet to 1,543 square feet.
Final Record Plat PLT2025-00634 will create an approximately 2.78-acre area for Parcels A and B, Block B; Lots 1 through 56 for the construction of townhouses; right-of-way dedication for Discovery Street and Progress Street, and the associated HOA parcels. Approximately 0.82 acres of the area will be dedicated to public use.
Final Record Plat PLT2025-00635 will create an approximately 2.15-acre area for Parcel A, Block C, Lots 1-40, WSSC Easements, Storm Drain Easement and the dedication of Silo Summit Street. Approximately 0.75 acres of the land area will be dedicated to public use.
Final Record Plat PLT2025-00636 will create an approximately 2.63-acre area for Lots 1 through 26, Parcel A and B, Block D, and Lots 6 through 14, Parcel C, Block A, Silo Summit Street, Kittson Street, and Clove Hill Street. Approximately 1.08 acres of the area will be dedicated to public use.
All common area parcels will be conveyed to and maintained by the Homeowners Association (HOA). Several easements are proposed throughout the site as noted on the plats. Once the proposed plats are approved and recorded, the building permits may be issued.
Project Analysis
Master Plan
This application is compliant with the City’s Comprehensive Plan. The application is located within Planning Area 16 - King Farm and Shady Grove. The Land Use Policy Map within the Comprehensive Plan envisions this property as OCRM - Office, Commercial, and Residential Mix. The proposal for lab/office space and a multi-family building is consistent with this land use designation.
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 Planning Commission found, based on staff review and recommendation, that the Level 2 Site Plan was consistent with the Zoning Ordinance requirements.
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.
Previous Related Actions
On January 20, 2017, Lantian/1788/Shady Grove 31, LLS filed Project Plan application PJT2017-00007 proposing up to 1,336 multi-unit dwellings, up to 330 townhouses, up to 390,000 square feet of office, hotel, or institutional uses, and up to 170,000 square feet of retail uses on approximately 31 acres of property located at 15825 Shady Grove Road, 2092-2098 Gaither Road, and 2-4 Choke Cherry Road. On April 29, 2019, Mayor and Council approved this request at a Public Hearing.
On April 10, 2020, the Planning Commission approved Level 2 Site Plan STP2020-00393 for the first phase of the approved project plan consisting of 136 townhouse units, the construction of a one-acre park area, and a stormwater retention pond.
On June 26, 2024, the Planning Commission approved Major Site Plan Amendment STP2024-00489, Shady Grove Neighborhood Center, to amend condition 6 of the previously approved Level 2 Site plan application STP2020-00393.
Community Outreach
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 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 PLT2025-00632, PLT2025-00633, PLT2025-00634, PLT2025-00635 and PLT2025-00636 meet the conditions of approval as defined in Section 25.21.02 - Final Record Plats of the Zoning Ordinance.
Staff recommend approval of Final Record Plat Applications PLT2025-00632, PLT2025-00633, PLT2025-00634, PLT2025-00635 and PLT2025-00636, subject to the conditions in this report.
Conditions
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.
Engineering
3. Prior to issuance of any DPW permit and prior to the recordation of the Final Record Plats, 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. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. The Record Plat must include Dedication of rights-of-way and easements per the approved street sections and all necessary easements and abandonments.
10. 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.