Subject
title
Level 2 Site Plan Application STP2022-00436, Twinbrook Hines, to Permit Construction of 437 Multi-Family Units, 5,075 Square Feet of Retail or Restaurant Use, and Stormwater Management Facilities, on a Portion of 1700 Chapman Avenue and 1800 and 1818 Chapman Avenue in the PD-TC (Planned Development - Twinbrook Commons) and MXTD (Mixed-Use Transit District) Zones; Washington Metropolitan Area Transit Authority and Hines, Applicants
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Department
CPDS - Development Review
Recommendation
Staff recommend approval of Level 2 Site Plan Application STP2022-00436, based on the findings and conditions of approval contained in this report.
Case: Twinbrook Hines - Level 2 Site Plan STP2022-00436
Location: Portion of 1700 Chapman Avenue and 1800 and 1818 Chapman Avenue (“Property”)
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
240.314.8227
nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>
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Applicants: Washington Metropolitan Area Transit Authority and Hines |
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Filing Date: November 22, 2021
Public Hearing
Date: February 26, 2025
Washington Metropolitan Area Transit Authority (“WMATA”) and Hines (collectively the “Applicants”) have filed Level 2 Site Plan Application STP2022-00436 to implement Project Plan PJT2022-00014, which amended Block B of the original Twinbrook Commons Planned Development (PD) to allow a portion of a mixed-use building, a relocated bus loop and to reclassify a portion of the site to “Transit Facilities and Open Space”. This Level 2 Site Plan request remains consistent with the approved Project Plan application, and the project details are provided further in the report.
The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan, as outlined in Section 20.07.01.a.3(b) of the Zoning Ordinance.
After a comprehensive review of the application, staff have found the application in compliance with all relevant City codes and policies. Based on the review, and as described in the proposed findings and recommended conditions, staff recommends approval of the site plan.
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Location: |
Portion of 1700 Chapman Avenue and 1800 and 1818 Chapman Avenue |
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Planning Area: Land Use Designation: |
Planning Area 9 - Rockville Pike OCRM - Office, Commercial and Residential Mix |
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Zoning District: |
PD-TC (Planned Development - Twinbrook Commons) and MXTD (Mixed-Use Transit District) |
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Existing Use: |
Two vacant commercial buildings, stormwater management facilities, and transit facilities |
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Proposed Use: |
Multi-family building with retail/restaurant space, stormwater management facilities, and transit facilities |
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Site Area: |
174,720 square feet (4.01 acres) |
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Building Height: |
120 feet maximum |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
PD - TC (Planned Development - Twinbrook Commons) |
OCRM - Office, Commercial and Residential Mix |
WMATA Twinbrook Metro Station and Transit Facilities |
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East |
PD - TC (Planned Development - Twinbrook Commons) |
OCRM - Office, Commercial and Residential Mix |
WMATA Transit Facilities |
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South |
MXTD - Mixed Use Transit |
OCRM - Office, Commercial and Residential Mix |
Mixed-Use Development |
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West |
MXTD - Mixed Use Transit |
OCRM - Office, Commercial and Residential Mix |
Mixed-Use Development |
Figure 1. Aerial Map
The site is located near the Chapman Avenue and Thompson Avenue intersection. To the site’s immediate east and north are WMATA’s Twinbrook Metro Station facilities, to the south (across Thompson Avenue) is the Escher mixed-use development, and to the west of the site (across Chapman Avenue) is the Galvan at Twinbrook mixed-use development. The site abuts the Twinbrook Metro Station entrance and CSX railroad/WMATA metro tracks. The site fronts both Chapman and Thompson Avenues. The Chapman Avenue frontage is approximately 470 feet while the Thompson Avenue frontage is approximately 255 feet. The site is comprised of a portion of Lot 1, Block B, Twinbrook Station (“1700 Chapman Avenue”) and Lots 2 through 6, Block 4, Halpine (“1800 through 1818 Chapman Avenue”). The portion of 1700 Chapman Avenue included in this application is 2.88 acres and 1800 through 1818 Chapman Avenue are 1.13 acres. The total Level 2 Site Plan area is 4.01 acres in size. 1700 Chapman Avenue is currently improved with stormwater management facilities, open space, and WMATA transit facilities consisting of bus shelters, a bus loop, and Kiss and Ride lot serving the Twinbrook Metro Station. The properties of 1800 through 1818 Chapman Avenue are currently improved with two one-story vacant buildings - a former office building and a former auto body repair shop. 1700 Chapman Avenue is zoned PD-TC (Planned Development - Twinbrook Commons) and 1800 through 1818 Chapman Avenue are zoned MXTD (Mixed Use Transit District). The entire site is located within the Rockville Pike Neighborhood Plan.
The Applicants propose to raze the existing buildings on 1800 through 1818 Chapman Avenue and relocate the existing stormwater management facility on 1700 Chapman Avenue to redevelop the Property with a mixed-use building, a bus loop and open space. The building is proposed on an approximately 2.33-acre portion of the 4.01-acre project site from which the Applicants will assemble a 1.2-acre portion of 1700 Chapman Avenue and all of 1800 through 1818 Chapman Avenue. The building will rise 120 feet and feature 437 multi-family residential units, inclusive of 66 MPDUs proportionally distributed throughout the building; 5,075 square feet of ground floor retail and/or restaurant space; and private resident amenities including a main lobby area and a landscaped third-level interior courtyard with courtyard dining, lounge area, a pool and amenity space/club room. The building contains eleven levels - one below grade and ten above grade. A total of 437 vehicle parking spaces, inclusive of 10 EV charging stations and 24 EV-Ready spaces, and 148 long-term bicycle parking spaces are proposed within the building’s lower levels. The building will be sited along or close to the property lines, except where it is set back a few feet to allow building articulation for visual interest along the streetscape and façade. The building’s primary entrance into the residential lobby is located at the corner of Chapman Avenue and the existing bus loop entrance and the ground floor retail/restaurant space entrance is located on Chapman Avenue. Private ground floor units, located along the north side of the building, will be accessed via public use space. Vehicle ingress and egress will be provided via Thompson Avenue. The building’s refuse and loading areas will also be accessed from Thompson Avenue.
Figure 2. Site Plan
The existing bus loop, operated by WMATA and serving the Twinbrook Metro Station, will be partially relocated on the site. A portion of the bus loop will be constructed east of the proposed building. The vision for the bus loop is for buses to enter the loop from Thompson Avenue and exit from the existing driveway that aligns with Bouic Avenue (the existing bus loop entrance). The existing stormwater management facility on the site will also be relocated. A new stormwater management vault will be constructed underneath the existing WMATA kiss and ride. Once the vault is installed, the existing surface improvements will be replaced to reflect the improvements that currently exist. Both the bus loop and stormwater management vault relocations will occur within the 2.88-acre portion of 1700 Chapman Avenue included in this Level 2 Site Plan.
Comprehensive Plan
The City of Rockville’s Comprehensive Plan, Rockville 2040 (“the 2040 Plan”) <https://www.rockvillemd.gov/200/Comprehensive-Plans>, includes goals, policies, and actions that support development throughout Rockville. The subject property is located within Planning Area 9 of the 2040 Plan. The Land Use designation within the 2040 Plan for this property is OCRM (Office, Commercial, and Residential mix).
The Twinbrook Commons Planned Development is identified within the 2040 Plan as a key issue in Planning Area 9, and the Plan expresses the desire to see development of this nature near transit assets and specifically near the Twinbrook Metro Station. Specific compatibilities between the 2040 Plan and the site plan application include:
• Goal 3 of the Land Use Element is to ‘Integrate land use and transportation planning to maximize the value of Rockville’s transportation assets.” - page 27.
• Land Use Policy 10 is to “Enhance Rockville Pike’s market position as a premier shopping area, supported by residential uses, and plan for additional growth near the Twinbrook Metro Station.” - page 32.
• Land Use Action 10.1 says to “Continue to develop the Twinbrook Metro Station area and south Rockville Pike as a major activity and growth center.” - page 32.
• Planning Area 9, Land Use & Urban Design Recommendation 1: “Ensure that any amendments to the Twinbrook Commons Planned Development (PD-TC) are consistent with the policies of the 2016 Rockville Pike Neighborhood Plan and compatible with development in the Core portion of the planning area, west of the Twinbrook transit station.” - page 353.
The subject property is also within the boundaries of the 2016 Rockville Pike Neighborhood Plan, which was adopted into the 2040 Plan. The Pike Plan acknowledges the Planned Development for the WMATA-owned property. It also sets policy for the “Core” area, where this proposed development would take place (see the map at p. 4-22 of the Pike Plan). Specifically, the Pike Plan states that, “taller buildings are acceptable in the Core, close to the Twinbrook Metro Station where strong potential exists for creating the type, intensity and mix of uses that serve and promote transit.” - page 26.
Public Park
Both plans also call for the creation of at least one publicly-accessible park in this area. Action 10.3 (p. 32) of the 2040 Plan states “Plan for new park amenities and other infrastructure to support the population increases in the Twinbrook Metro Station area.” The Planning Area 9 section provides a brief discussion as Project 3 (p. 352), which states, “A future public park is recommended in the general location where a green asterisk is placed alongside this project label on the Land Use Policy Map of Figure 66. The asterisk indicates the City’s intention to establish a public park in this vicinity, either by means of land dedication as part of a development project, purchase, land swap, or some other method, to serve existing residents, as well as expected population and employment growth in the south Rockville Pike area.” - page 351.
The Pike Plan also establishes a policy to “Provide Parks” and provides a discussion on this topic on pages 4-36 and 4-37. Page 4-37 includes the statement “A goal of this plan is for there to be at least one park on each side of the Pike in the South.”
There are currently no parks in this area, and the need for parks will only continue to grow as redevelopment occurs and the number of people living and working in the Rockville Pike corridor and Twinbrook Metro Station area increases. WMATA and the City staff have met several times to explore preliminary concepts for a park/plaza at the entrance to the Twinbrook metro station.
Adequate Public Facilities Standards
In their review of Project Plan Application PJT2022-00014, the Mayor and Council found that the proposed development complies with the City’s adequate public facilities standards. No further evaluation of adequate public facilities is required with this application.
1. Schools - The property is served by the Walter Johnson Cluster Area (Farmland Elementary, Tilden Middle School, and Walter Johnson High School) The development is expected to generate 15 students at the elementary school grade level, 7 students at the middle school level, and 7 students at the high school level. The school standards of the APFS utilize a seat deficit and capacity percentage calculation to determine adequacy. The maximum permitted capacity level is 120% and no more than a 110-seat capacity deficit in elementary schools and 180-seat capacity deficit in middle schools. The proposed development meets these standards at all levels.
2. Water and Sewer - In a letter dated June 18, 2024 (see ‘Water and Sewer Authorization Letter’ attachment) the proposed development received Water and Sewer Authorization approval from the Department of Public Works (DPW) for connection to the City’s water and sanitary sewer systems. The Water and Sewer Authorization Letter identifies capacity constraints and lists project-specific conditions of approval. The applicant will construct off-site improvements to mitigate the capacity deficiencies created as a result of the increased demand generated by the proposed development.
3. Traffic and Transportation - As detailed in the Traffic and Transportation Section and based on the results of the studies conducted by the Applicant’s traffic consultant per staff’s request, the proposed development will not have a detrimental impact on the surrounding transportation network provided all planned and reviewed transportation and access related facilities are implemented, as shown on the site plan and other improvements and requirements outlined in the conditions.
Forestry
This project must meet all requirements of Chapter 10.5 of the City’s Forest and Tree Preservation Ordinance (FTPO) in addition to any additional City or State requirements. Due to the expansion of the project to include the adjacent WMATA property, which includes the proposed stormwater management vault, the proposed scope of the site plan spans two different sets of forestry approvals.
Hines Development
A Natural Resources Inventory (Forestry Attachment A) was approved on July 26, 2021. A Preliminary Forest Conservation Plan (PFCP) was approved on July 13, 2022. Due to changes in design, changes were made to the PFCP, resulting in a new PFCP (Forestry Attachment B) approval date of January 8, 2025. The development and final forest conservation plan (FFCP) must comply with all conditions listed below and within the PFCP approval letter (Forestry Attachment C).
The PFCP is proposing the removal of seventy-nine (79) on-site, significant trees, which requires a replacement quantity of one hundred and thirty (130) trees on the site. The applicant has requested the replacement trees are provided via fee-in-lieu, consistent with the requirements of the FTPO. The applicant has formally submitted justification based on the criteria provided in Section 10.5-24 for the fee-in-lieu request.
The site is required to meet a minimum tree canopy of 13,591 square feet consistent with the zoning allocation per Section 10.5-22(d) of the FTPO. The application exceeds the minimum requirement through the combination of proposed street trees and on-site trees including shade and ornamental varieties totaling 13,600 square feet. The site is required to meet an afforestation requirement of 15%, which totals 20,473 square feet. The applicant is proposing to plant 10,800 square feet consistent with the approved PFCP and provide the remainder (9,673) through requested fee-in-lieu. The applicant has provided justification consistent with Section 10.5-24 of the FTPO for this portion of proposed fee-in-lieu.
Street Trees
The Applicant is proposing to remove a combined 10 street trees within the adjacent Chapman Avenue and Thompson Avenue public rights-of-way. The Applicant is proposing to plant back a total of 9 trees within the Chapman Avenue rights-of-way. The Applicant is proposing to plant back a total of 8 trees within the Thompson Avenue right-of-way and an additional tree adjacent to the Thompson Avenue right-of-way, subject to the approving authority (Planning Commission) per Chapter 25.21.21.a.
WMATA Property
A Natural Resources Inventory (Forestry Attachment D) was approved on January 24, 2025. An Amended Final Forest Conservation Plan (FFCP) was approved on January 28, 2025. The development and final forest conservation plan (FFCP) (Forestry Attachment E) must comply with all conditions listed below and within the approval letter (Forestry Attachment F).
The FFCP provides for an afforestation requirement of 15% of the total limit of disturbance (per Chapter 10.5-22.b), which totals 5,663 square feet. The applicant is proposing to provide the entirety of the afforestation requirement through a fee-in-lieu payment. The applicant has provided justification consistent with Section 10.5-24 of the FTPO for this portion of proposed fee-in-lieu.
The FFCP proposes to remove a significant tree which will be replaced by a significant tree planted on the site. The FFCP proposes to replace 9 trees that were credited under the original forest conservation plan but were missing at the time of the Natural Resources Inventory approved on January 24, 2025.
Traffic and Transportation
The proposed development is located on the east side of Chapman Avenue south of the WMATA Bus Loop and north of Thompson Avenue and is located within the Twinbrook Transit Oriented Area (TOA), as defined in the City of Rockville Comprehensive Transportation Review Methodology. Currently, the site is served by two vehicular access driveways along Chapman Avenue. As shown, both of these access driveways will be replaced by two new access driveways along Thompson Avenue. One will be used to access the planned loading areas. The other access driveway will serve all residential and retail uses and is proposed to be located on the north side of Thompson Avenue, east of Chapman Avenue, and directly opposite the residential entrance for the 1900 Chapman Avenue building.
Chapman Avenue is a two lane north‐south roadway with a posted speed limit of 30 mph and is classified as a Business District Roadway. Thompson Avenue is a two lane east‐west roadway extending from MD 355 to the train tracks adjacent to the subject property and is also classified as a Business District Roadway.
An inventory of the existing sidewalks indicates that sidewalks are present within the study area on both sides of the major roadways including Rockville Pike, Chapman Avenue, Halpine Road, Bouic Avenue, Thompson Avenue, and Twinbrook Parkway except for the south side of Thompson Avenue between Rockville Pike and Chapman Avenue.
On-road bike lanes exist along Chapman Avenue from Twinbrook Parkway to Halpine Road and continue along Halpine Road across Rockville Pike to East Jefferson Street. In addition, the plan shows provision of bicycle parking (160 total spaces) consisting of 12 short-term bicycle spaces, and 148 long-term covered bicycle spaces.
The subject site currently is served by three (3) Ride‐On bus routes, all located adjacent to the site along Chapman Avenue. The Twinbrook Metro Station is located immediately adjacent to the property edge. The existing WMATA bus loop, located to the north of the property, will be relocated with a counterclockwise loop around the Twinbrook Hines building with inbound access from Thompson Avenue and outbound access at Chapman Avenue opposite Bouic Avenue.
As required by the City’s Comprehensive Transportation Review (CTR) and based on the projected number of net new peak hour trips that would be generated by the proposed development, a comprehensive and multimodal transportation analysis report was prepared and was reviewed by staff. In accordance with the standards, and policies of the CTR, the analysis included evaluation of (9) off-site intersections as well as all affected facilities within the prescribed study area. Under the existing traffic conditions, all studied intersections currently operate at an acceptable level of service (LOS) and within congestion standards during the weekday AM and PM and Saturday peak hours.
There are nine (9) approved but un‐built developments (background) located within the site vicinity area which collectively all are projected to generate a total of 3,527 weekday AM peak hour vehicle‐trips, 4,770 weekday PM peak hour vehicle‐trips, and 3,672 Saturday peak hour vehicle‐trips upon completion and full occupancy. All of the study intersections would continue to operate within acceptable congestion standards during the weekday AM and PM and Saturday peak hours with the addition of traffic generated by the background developments.
The proposed development is expected to generate 125 net new AM peak hour trips, 211 net new PM peak hour trips and 233 net new Saturday Peak hour trips after deducting the vested trips which equal to the expected AM, PM and Saturday peak hour trips that would be generated by the approved uses on the site.
Figure 3. Site Trip Generation Summary
Under the total future traffic conditions, calculated by combining the proposed development projected peak hour trips with the future background traffic volumes, all studied intersections would continue to operate at acceptable LOS during the weekday AM and PM and Saturday peak hours, except for the intersection of Chapman with Thomspon Street. The Table below summarizes the analysis summary of the intersections studied under the existing, background and total traffic conditions:
Figure 4. Level of Service Results
The Chapman Avenue/Thompson Avenue intersection currently functions as a two‐way stop‐controlled intersection. It was found that the provision of an additional westbound left turn lane and converting the existing two-stop to an all‐way stop control will mitigate the noted peak hour deficiency associated with site traffic added by the proposed development.
With this improvement, recommended as part of Traffic and Transportation approval conditions, staff find that all study intersections are operating and will continue to operate well within the City’s established level of service thresholds. Furthermore, staff find that the trips generated by the proposed redevelopment can be adequately accommodated by the existing and/or programmed transportation infrastructure.
Notifications of the Level 2 Site Plan application were made consistent with City Code requirements. On December 2, 2021, the Applicant held a post-application area meeting after jointly filing Project Plan Application PJT2022-00014 and this Level 2 Site Plan Application. Most recently, the Applicant conducted a second post-application area meeting on December 5, 2024 to present the latest updates on this Level 2 Site Plan which primarily consisted of the stormwater management vault relocation. Community members in attendance were provided an opportunity to comment and ask questions during the meeting. Following are some comments and questions from attendees and answers provided by the Applicants:
1. A comment was made opposing any parking reductions. The Applicant clarified that a parking reduction had already been requested and granted with the Project Plan Application approval and that a parking reduction was not proposed with this Level 2 Site Plan Application.
2. A comment was made opposing the relocation of certain RideOn bus route stops. The Applicant noted that they do not intend to change any bus stop locations.
3. Question: Will bus traffic be affected?
Response: Bus traffic and bus stops are not proposed to change during construction of the multi-family project. The Kiss and Ride will be temporarily relocated during construction.
4. Question: Will the multi-family building have a designated drop-off location?
Response: On-street parking spaces are proposed along Chapman Avenue and may be utilized for short-term pick-up and drop-off when available.
5. Question: How will rainwater that hits the side of the building be captured?
Response: Rainwater that falls on the building will be retained entirely within the project site and in conformance with stormwater management requirements. Furthermore, the building will be constructed in conformance with all relevant building codes.
6. Question: What is the estimated construction schedule?
Response: Construction is expected to begin at the end of 2025 and building occupancy at the end of 2027.
In accordance with Section 25.07.01.a.3(b) of the Zoning Ordinance, a site plan that implements all or a portion of an approved project plan is deemed to meet the findings of approval so long as the site plan complies with the conditions and requirements of the approved project plan and where the application will not:
1. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The project will replace an underutilized site with vacant building with a mixed-use development. The project will be designed as a walkable community and will also have access to public transportation. The Applicants will incorporate design that is sensitive to the surrounding neighborhood and compatible with existing developments within the area. The project will include attractive and functional open and public use space for future building residents. The project complies with all applicable ordinances that will ensure the public welfare will not be impacted. Additionally, the project received unanimous approval from the Mayor and Council in which they found the project compliant with the City’s adequate public facilities standards.
Water and Sewer will be provided to the development consistent with the attached Water and Sewer Authorization Letter dated June 18, 2024.
Stormwater Management (SWM) for this Project will be provided in compliance with the Development SWM Concept Approval Letter dated January 29, 2025 (see ‘SWM Concept Letter’ attachment). The Development SWM Concept Approval Letter lists project-specific conditions of approval. On-site SWM will be provided by the Applicant through a combination of Environmental Site Design (ESD) measures, including micro-bioretention planter box facilities and green roof, and an underground structural measure.
The existing onsite detention pond will be replaced with an underground structural measure. Additionally, the underground structural measure must provide the same treatment for the same drainage area as previously provided by the pond. Concurrence from Washington Metropolitan Area Transit Authority (WMATA) must be provided for the removal of the existing pond prior to the issuance of a Stormwater Management Permit (SMP).
DPW also reviewed and approved the adequacy of the existing downstream storm drain system in a Safe Conveyance Study Approval Letter, dated January 29, 2025 (see “Safe Conveyance Letter” attachment). Staff has determined the storm drain system to have sufficient capacity to convey the proposed 10-year runoff from this project and thus would not be subject to deficiency mitigation as a result of the development.
2. Constitute a violation of any provision of the Zoning Ordinance or other applicable law;
Staff has reviewed the proposed development for compliance with the Zoning Ordinance and finds it to be consistent with the requirements. All development standards to include landscaping, open area, and public use space requirements have been met. The proposed land uses are compatible with the uses identified in the land use table in the Zoning Ordinance for the MXTD Zone and are also consistent with the Comprehensive Plan as detailed above.
The Zoning Ordinance requires 15% open space and 15% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly-accessible location. The areas will be designed and constructed in a manner that is consistent with the City’s Ordinances and Plans. Newly constructed sidewalks and pedestrian elements will be provided in accordance with applicable codes.
The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.a (Special design regulations for individual mixed-use zones - MXTD) will ensure thoughtful and sensitive design is utilized in this project. The Proposal also complies with other MXTD Zone development standards to include height requirements and setbacks.
The Applicants are providing enough long-term bicycle parking to meet the code requirement and are providing 1 long-term bicycle parking space over the code requirement. At the Project Plan phase, the Applicant was granted a reduction to the parking requirements in accordance with Section 25.16.03.h and met five out of the six criteria to be authorized for a parking reduction as described in the Zoning Ordinance. The reduction was supported by staff and approved by the Mayor and Council.
The Applicant will also comply with the City’s MPDU Ordinance as fifteen percent of the units, 66 units, are proposed to be moderately priced. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process.
3. Be incompatible with the surrounding uses or properties.
Staff find that the development will be attractive, compatible and will integrate well with the surrounding neighborhood. Buildings of similar size, scale and uses exist across Chapman and Thompson Avenues. The building is proposed as a transit-oriented development and its close proximity to the Twinbrook Metro Station should be ideal for future residents and retail patrons. The proposed 437 multi-family units will add units (including 66 moderately priced) to the City’s housing inventory. The proposed retail/restaurant space will provide residents of the building as well as the general public an opportunity to shop or dine and will also complement existing commercial spaces along Chapman Avenue. Future building residents will have the benefit of urban living considering the site’s proximately to the Rockville Pike corridor and Twinbrook Metro Station.
Staff recommends approval of Level 2 Site Plan STP2022-00463 based on the above findings and following conditions of approval:
Development and Zoning
1. The Applicant must comply with the conditions of Project Plan PJT2022-00014 approval as outlined in Resolution No. 14-22.
2. The Applicant, with the site plan signature set, must coordinate an acceptable response to staff comments and mark-ups provided to them on December 13, 2024.
3. The proposed development will be implemented and constructed in a manner consistent with the graphic conceptual representation, and all associated development tables included in the site plan signature set for Level 2 Site Plan STP2022-00436.
4. The Applicant shall sign and return the approval letter prior to finalizing the site plan signature set. The approval letter shall be included in the stamped approved signature set.
5. Prior to building occupancy, unless otherwise authorized by the Chief of Zoning, the proposed Open Area/Public Use Space, as designated on site plan sheet SP-4, must be fully installed and inspected by City staff through the zoning site inspection process.
Forestry
6. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of Final Forest Conservation Plan (Final FCP) and landscape plan/s for associated improvements under STP2022-00436.
7. In addition to compliance with applicable codes, the Final FCP/s must meet the following requirements, unless modified by the City Forester, or designee:
a. Ensure that tree plantings meet the following minimum spacing requirements:
a. Shade trees spaced 20 feet apart;
b. Evergreen and ornamental trees spaced 15 feet apart;
c. All trees must be 10 feet from wet and dry utilities, except when under streets;
d. All trees must be 15 feet from streetlights and driveways;
e. All trees must be 10 feet from inlets;
f. Shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens must be a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
g. Street trees may be planted atop stormwater conveyance pipes with a minimum 4 feet of cover and immediately behind curb.
b. Trees planted to meet FTPO requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).
c. Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.
8. Before Final FCP/s approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester, or designee.
9. Before planting new trees within existing green space or where pavement was previously located, the applicant must perform soil augmentation as required per the city’s FTPO notes prior to installation of new trees. The current ordinance notes at the time of Final FCP/s submission shall be included on the Final FCP/s.
10. Before planting new trees, the applicant must show the areas of soil removal and replacement.
11. All submitted plans must use current city tree tables, FTPO notes and details.
12. Before pruning or cutting any trees within the right-of-way, the applicant must obtain and submit to the City Forester an MDNR Roadside Tree Permit for the work.
13. Any significant modification or revision to the approved Final FCP/s must be consistent with the Site Plan and submitted to the City Forester (or designee) for review and approval.
14. Before the issuance of any sediment control permit or building permit, the applicant must obtain a forestry permit/s. Before the issuance of the forestry permit/s, the applicant must:
a. submit the FTP permit application and fee;
b. obtain approval of Final FCP/s;
c. pay to the City any approved fee-in-lieu consistent with the requirements of the FTPO;
d. execute any required five-year warranty and maintenance agreement/s in a form acceptable to the City;
e. post any required bond/s approved by the City for eligible forestry improvements per the FTPO;
f. execute and record any required forest conservation easement/s in a form acceptable to the City;
g. Submit GIS data for the recorded forest conservation easement/s in a form acceptable to the City.
Fire Marshall
15. Establish fire lanes to restrict parking adjacent to hydrants, FDC's, and Fire command center.
16. Provide safeguarding of the construction in accordance with NFPA 241.
DPW - Engineering
17. Submission for review, approval, and permit issuance by DPW of the following detailed engineering plans, studies and computations, appropriate checklists, plan review and permit applications and associated fees. The following plans shall be submitted on 24”x36” City base sheets at a minimum scale of 1”=30’ unless otherwise approved by DPW.
a. Sediment Control Permit (SCP) - Submit Erosion and Sediment Control plans for all disturbed areas;
b. Stormwater Management Permit (SMP) - Submit Stormwater Management plans for on-site stormwater management;
c. Public Works Permit (PWK) - Submit plans for all off-site improvements and for work within the Chapman Avenue and Thompson Avenue rights-of-way, and within any existing or required public easements. Final locations and dimensions of public improvements in the right-of-way including but not limited to water, sewer, and storm drain infrastructure, street signs, street trees, curb ramps, parking spaces and traffic signal infrastructure, and streetlights will be determined in conjunction with the review of all Public Improvements Plans (PWK) and the Forestry Permit.
18. The Applicant must execute a Revocable License and Maintenance Agreement (LMA) for all private uses and private improvements including overhead encroachments located within the existing rights-of-way. The LMA must define the private improvements and uses allowed within the right-of-way and specify the applicant’s obligations to maintain the private improvements. The LMA must be executed by the property owner and other parties of interest and be submitted for review and approval by DPW and the Office of the City Attorney. The LMA must be authorized by the Mayor and Council prior to DPW issuance of any permit.
19. Submit a phasing plan for the construction period. The plan shall include, but not be limited to, the construction access, pedestrian access, truck routing, staging and construction parking. This plan shall be approved prior to the issuance of the first permit issued by DPW. All improvements shown on the approved site plan shall be constructed in one (1) development phase, but the phasing plan may include a sequence of construction stages to address constructability and maintenance of traffic.
20. 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.
21. 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.
22. 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.
23. 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. 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.
24. The Record Plat must include:
• Additional dedication of right-of-way (by the Applicant) for improvements to the east side of Chapman Avenue and north side of Thompson Avenue;
• All necessary easements and abandonments.
25. Except for permits associated with the demolition of the existing buildings, no DPW permits will be issued prior to the recordation of the plats dedicating all necessary right-of-way to the City.
26. Prior to the issuance of any above-ground building permits, the Applicant must receive DPW approval of PWK permits for all public improvements, unless otherwise approved by the Director of Public Works.
27. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
28. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated January 29, 2025.
29. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated January 29, 2025.
30. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated January 29, 2025.
31. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated June 18, 2024.
32. The Applicant shall comply with the conditions of the Inside Water Meter Requests approval letter dated September 11, 2023.
33. Location of dry utilities shown on the Site Plan is conceptual. Unless otherwise approved by the Director of Public Works, the final layout of the dry utilities shall not impact the locations of the proposed storm drain, water, sanitary sewer, SWM facilities, street trees and other public improvements.
34. All proposed improvements within the Washington Metropolitan Area Transit Authority’s (WMATA) property must be designed and permitted by WMATA at the detailed engineering phase. The Applicant must coordinate the detailed engineering design with the City of Rockville and WMATA. All necessary WMATA improvements, approvals, dedications, easements, and permits consistent with the Joint Development and Adjacent Construction Manual must be obtained prior to DPW approval of any detailed engineering plan. Significant modifications to the plan necessary during the detailed engineering phase to obtain WMATA approval may necessitate a Site Plan amendment.
DPW - Traffic and Transportation
35. Before the issuance of any occupancy permits, the Applicant must provide the required short-term and long-term bicycle parking in accordance with the rates and standards specified in the Zoning Ordinance. Based on the proposed development shown on the submitted site plan, 12 short-term spaces and 148 long-term spaces must be provided.
36. Before approval of the site plan signature set, the Applicant must obtain City approval of the signing and pavement marking plans. All internal traffic control devices (e.g., signs, markings, and devices placed on, over or adjacent to a roadway or walkway) to regulate, warn or guide pedestrians and/or vehicular traffic must comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).
37. Before the issuance of any occupancy permits, the Applicant shall fulfill Project Plan condition 11. Said condition stipulates the Applicant shall widen the east leg at the intersection of Thompson Avenue and Chapman Avenue to include two outbound lanes and one inbound lane, and further shall improve the intersection to be signed as an all way stop, with the provision of crosswalks and ramps in all directions.
38. Before issuance of the public works permit, the applicant must obtain DPW approval of a phasing plan that demonstrates adequate continuation of bus services and vehicular and pedestrian access to the Twinbrook Metro Station as shown on the approved plan and per WMATA’s specifications and requirements for the full duration of the construction.
39. The applicant must install light emitting diode (LED) streetlight fixtures within the right of way adjacent to the proposed development. The applicant must obtain City approval of the streetlight materials and locations of lights with the issuance of the public works permit. Before issuance of the public works permit, all conduit and underground infrastructure must be specified according to the current Pepco and/or City standards and must be approved.
40. Before the issuance of any occupancy permits, the Applicant must pay the City’s Transportation Improvement Fee as specified in the Comprehensive Transportation Review (CTR). The is $900 per residential unit, and $1.50 per square foot of gross floor area for nonresidential uses.
41. Before the issuance of any occupancy permits, the Applicant must pay the County’s Development Impact Tax, as applicable, subject to the credits allowed by Montgomery County. The applicant must submit a receipt of payment to the Inspection Services Division of the Department of Community Planning and Development Services and the Traffic and Transportation Division of the Department of Public Works.
Housing
42. The Applicant has identified the location of the MPDU units which are proportionally distributed in all the sections and levels of the building. Any revisions to MPDUs locations will be subject to the approval of the Planning Commission.
43. Residential units constructed on the site must comply with the standards and requirements of the Rockville City Code Chapter 13.5, Moderately Priced Housing Ordinance.
44. The exterior finishes of the MPDUs must be indistinguishable from market-rate units.
45. The MPDUs must be income tiered at three income bands-50%, 60% and 80% of AMI.
46. Prior to issuance of any residential building permit and with the submission of the first building permit application, the Applicant must include a MPDU agreement to be approved by the Mayor and Council and by the City Attorney, pursuant to City Code Chapter 13.5.
Arts and Culture
47. The Publicly Accessible Art in Private Development (AIPD) Ordinance applies. The applicant needs to submit an AIPD application and, if selecting the option to install art on site, indicate on the site plan where the art will be installed and include a concept of the artwork.