Project Description
title
Level 2 Site Plan Application STP2024-00482, To Permit Construction of three new Research and Development buildings with 645,000 square feet of total Gross Floor Area, and a new structured parking facility at 2097, 2099, and 2101 Gaither Road. Park Plaza Property Owner, LLC; Applicant.
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Department
CPDS - Development Review
Recommendation
Staff recommends approval of Level 2 Site Plan Application STP2024-00482, based on the findings and subject to conditions of approval contained in this report.
Overview
Case: STP2024-00482
Location: 2099, 2101 and 2097 Gaither Road
Staff: Kimia Zolfagharian
Principal Planner
Community Planning and Development Services
kzolfagharian@rockvillemd.gov <mailto:kzolfagharian@rockvillemd.gov>
Applicant: Park Plaza Property Owner, LLC, an affiliate of Monday Properties
Filing Date: March 12, 2024
Planning
Commission
Date: December 10, 2025
Executive Summary
Park Plaza Property Owner, LLC, an affiliate of Monday Properties (“Applicant”) has filed Level 2 Site Plan Application STP2024-00482 to permit the phased construction of three new Research and Development buildings with 223,000, 210,000, and 212,000 square feet of Gross Floor Area per building, and a new structured parking facility at 2097, 2099 and 2101 Gaither Road. The proposed new commercial buildings will replace the existing commercial buildings, and the existing structured parking facility will remain.
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.
Site Description
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Location: |
2097, 2099 and 2101 Gaither Road |
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Planning Area: |
Planning Area 16 - King Farm and Piccard Drive |
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Land Use Designation: |
O - Office |
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Zoning District: |
MXE (Mixed-Use Employment) |
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Existing Use: |
Two office buildings, surface parking, and associated structured parking building |
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Proposed Use: |
Three Research and Development Buildings, an additional structured parking garage building |
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Site Area: |
513,482 square feet (11.78 acres) |
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Building Height: |
108 feet to 111 feet |
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Table 1: Surrounding Land Use and Zoning |
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Zoning |
Planned Land Use |
Existing Use |
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North |
City of Gaithersburg |
City of Gaithersburg |
Commercial, Commercial Condominium, Industrial |
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East |
PD-KF, King Farm |
P - Public Park |
Mattie J.T. Stepanek Park |
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South |
MXE (Mixed-Use Employment) |
OCRM - Office Commercial Residential Mix |
Office Buildings |
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West |
City of Gaithersburg |
City of Gaithersburg |
Commercial, Commercial Condominium, Industrial |
Site Analysis
The 11.78-acre subject property is located in the north-eastern quadrant of the intersection of Shady Grove Road and Gaither Road. It is comprised of three adjoining Ownership Lots 3A (1.3 acres), 3B (7.7 acres), and 3C (2.6 acres) of the Danac Technological Park, identified on Ownership Plat No. 21711. The site is irregularly shaped, with the main frontage along Gaither Road. Mattie J.T. Stepanek Public Park is directly adjacent to the southeastern boundary of the site. Ownership Lot 3A is improved with a six-story building containing 132,685 square feet of office use; Ownership Lot 3B is improved with a six-story building containing 127,280 square feet of office use, and Ownership Lot 3C is improved with a three-level parking structure containing 465 parking spaces. As additional 566 surface parking spaces are provided on the overall property. Access to the site is currently provided from two entrances on Gaither Road. The property is located just over three-quarters of a mile from Shady Grove Metro Station.
Previous Related Actions
On February 22, 1989, Use Permit application USE88-00430 was approved at 2101 Gaither Road to permit construction of two six-story office buildings with a gross floor area of 259,262 square feet, plus cellars containing 12,807 square feet of usable space, a two-level parking structure containing 303 parking spaces, and surface parking lots providing 605 parking spaces. At this time, the subject property was only comprised of one lot.
Use Permit USE88-00430 was amended pursuant to a minor Use Permit Amendment in 2000 to provide a third level to the parking structure to accommodate a total of 458 parking spaces within the parking structure, a total of 1,032 parking spaces on the property, elimination of 5,813 square feet of cellar space for a total building density of 266,255 square feet on the property.
In 2001, Ownership Plat application PLT2000-00234 was approved to create Ownership Lot 3A, Ownership Lot 3B and Ownership Lot 3C and recorded on Ownership Plat No. 21711.
Project Description
The Applicant proposes to demolish the two existing office buildings and construct three new research and development buildings with 223,000, 210,000, and 212,000 square feet of gross floor area per building, and a new structured parking facility at 2097, 2099 and 2101 Gaither Road. The proposed new commercial buildings will replace the existing commercial buildings, and the existing structured parking facility will remain.
Figure 1: Site Plan
The proposed site plan proposal will be implemented in three phases. The first phase will include proposed building A1 and the new proposed parking structure. Proposed building A1 will be located along Gaither Road frontage in the southeastern corner of the site, the new parking structure will be located adjacent to Mattie J.T. Stepanek Park, and access to this phase will be provided from the southern entrance to the site. The second phase will include the construction of proposed building A2, to replace the existing office building on Ownership Lot 3A at the center of the site. Phase three will include the construction of proposed building A3, to replace the existing office building on Ownership Lot 3B located at the center of the site. All phases will include the reconstruction of several driveways and surface parking lots. The existing structured parking building contains 465 parking spaces, the new structured parking garage would contain 692 parking spaces, surface parking lots would provide 177 spaces, bringing the total proposed vehicle parking spaces to 1,334. A total number of 34 short-term and 130 long-term bicycle parking spaces are proposed. Table 2 below summarizes tabulations for the three new proposed buildings and parking structure. For the complete tabulations of the proposed site plan, refer to Attachment 6.
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Table 2: Proposed New Buildings Tabulations Summary |
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Proposed Building |
Gross Floor Area |
Maximum Building Height |
Parking Spaces Provided |
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Building A1 |
Lab: 133,800 SF Office: 89,200 SF Total: 223,000 SF |
111 feet |
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Building A2 |
Lab: 126,00 SF Office: 84,000 SF Total: 210,000 SF |
109 feet |
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Building A3 |
Lab: 127,200 SF Office: 84,800 SF Total: 212,000 SF |
108 feet |
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Parking Structure |
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78 feet |
692 |
Project Analysis
Master Plan
This application is consistent with the City’s Comprehensive Plan as described in the findings section below.
Zoning
This Project meets all relevant requirements of the zoning code pertaining to site plans and development standards of the MXE Zone. Further analysis about the proposed Application’s compliance with the zoning ordinance can be found in the findings section of this report.
Forestry
The project complies with Chapter 10.5 of the City Code (The Forest and Tree Preservation Ordinance) as described in the findings section.
Traffic and Transportation
This section summarizes the results of a comprehensive transportation report and analyses conducted for the proposed development in accordance with the City of Rockville’s Comprehensive Transportation Review (CTR) guidelines. The study evaluated the potential impact to the surrounding transportation network based on a comparison of existing, background, and future conditions.
For Phase 1, the existing office buildings would remain, and a new building of 223,000 S.F. would be built, resulting in an additional 230 AM peak hour trips and 219 PM peak hour trips to be added to the road network. With this addition, the site is expected to generate a total of 625 AM peak hour trips and 593 PM peak hour trips. For Phase 2, one of the existing office buildings (127,280 S.F.) would be demolished and would be replaced with a second building of 210,000 S.F., resulting in a total of 660 AM peak hour trips and 634 PM peak hour trips. When compared to Phase 1 trips, these represent an increase of 35 AM peak hour trips and 41 PM peak hour trips. For the third phase, the remaining existing office building is also proposed to be demolished, and a third new building of 212,000 S.F. would be constructed, resulting in 645,000 S.F. of R&D space on the site. The projected build-out is expected to generate a total of 664 AM peak hour trips and 632 PM peak hour trips, as shown in the table below (Figure 2):
Figure 2: Trip Generation Table
Staff finds the proposed redevelopment can be adequately accommodated by the existing and/or programmed transportation infrastructure with the recommended conditions. Vehicular access to the property would be provided via two (2) existing driveways on Gaither Road. The north driveway will be redesigned to align with the future extension of Discovery Street on the west side of Gaither Road. In addition, the site is served by transit with bus stops along both Shady Grove Road and Gaither Road. The site also is surrounded by existing and planned sidewalks and shared use paths.
Community Outreach
Pursuant to Section 25.07.05 of the Zoning Ordinance, a Level 2 Site Plan requires that the applicant reach out to the neighborhood and conduct two public area meetings: a preapplication area meeting held during the pre-application process, and a post-application area meeting held following submittal of the site plan application. The Applicant has complied with both requirements including written and electronic notification. The pre-application area meeting was held on August 21, 2023, and the post-application area meeting was held on April 29, 2024.
Mailed notice for the Planning Commission meeting was sent two weeks in advance to property owners and residents located 1,250 feet from the project consistent with Section 25.07.03 of the Zoning Ordinance.
As of the date of this report, staff has not received any public inquiries on this matter.
Findings
In accordance with Section 25.07.01.a.3(a) of the Zoning Ordinance, a site plan application that does not implement a project plan or a special exception, may be approved only if the applicable Approving Authority finds that the application will not:
1. Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed development.
The proposed development will not adversely affect the health or safety of persons residing or working in the surrounding neighborhood. The proposal seeks to redevelop the site by increasing the amount of space offered for Research and Development uses. The project demonstrates architectural design, materials, and features consistent with other buildings in the area. The review of the transportation report concludes that the proposed project will not have detrimental impact to the surrounding multi-modal transportation network, subject to the proposed transportation conditions. The site design incorporates improvements to the Shady Grove Road and Gaither Road frontage to safely accommodate pedestrians and bicycles and will not adversely affect the health or safety of people residing or working in the neighborhood of the proposed project. These improvements will improve the safety of pedestrians and bicyclists in the area and those visiting the site using those modes of travel. The Applicant also worked with staff and the Applicant for the proposed project on the opposite side of Gaither Road to ensure both developments are coordinated, particularly as it relates to Gaither Road. The project has demonstrated compliance with zoning, stormwater, and forestry requirements as described in this report and must comply with all applicable laws that ensure health and safety are met throughout the permitting and construction process.
2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
Staff finds that the project complies with all applicable ordinances that ensure protection of the public welfare as described in this report. The project will redevelop portions of the existing site. Staff finds no evidence that the project is injurious to property or improvements in the neighborhood.
3. Overburden existing and programmed public facilities as set forth in article 20 of the Zoning Code and as provided in the adopted adequate public facilities standards.
Schools
The proposal does not include residential, therefore this public facility is not impacted.
Traffic and Transportation
As described in the Project Analysis section above, the detailed multimodal transportation analysis prepared in accordance with the requirements of the City’s Comprehensive Transportation Review (CTR) demonstrates that the existing and planned transportation facilities in the area are and will continue to operate at acceptable levels of service, as required by the CTR, with the required transportation mitigation measures that are incorporated in the recommended transportation-related approval conditions.
Water and Sewer
The proposed development is located within the Washington Suburban Sanitary Commission’s (WSSC) service area for water and sanitary sewer. The applicant received approval of the Hydraulic Planning Analysis (HPA) by WSSC in a letter dated January 25, 2023.
4. Adversely affect the natural resources or environment of the City or surrounding areas.
Stormwater Management
Stormwater Management (SWM) for this project will be provided for all new and replacement impervious area as required by Chapter 19 of the Rockville City Code and in compliance with the Development SWM Concept Approval Letter dated June 3, 2025 (see “Development SWM Concept Approval Letter” attachment).
Erosion and Sediment Control
Erosion and Sediment Control for this project will be provided in compliance with the Preliminary Erosion and Sediment Control Approval Letter dated May 16, 2025 (see "Preliminary Erosion and Sediment Control Approval Letter” attachment). The Preliminary Erosion and Sediment Control Approval Letter lists project specific conditions of approval.
Forest and Tree Preservation
The proposed development requires compliance with Chapter 10.5 of the City Code (The Forest and Tree Preservation Ordinance) as described below. A Natural Resources Inventory/Forest Stand Delineation (NRI/FSD) was approved on February 12, 2024, and the Preliminary Forest Conservation Plan (PFCP) on November 24, 2025.
• Overall Afforestation Required: 1.26 Acres
• Total Reforestation Required: 1.51 Acres
• Total Planting Requirement: 2.78 Acres
• Overall Approved Fee-in-Lieu: 2.29 Acres
Staff anticipates receiving a Final Forest Conservation Plan (FFCP) submission from the applicant, which must be approved prior to the issuance of any permits. Details may change, subject to Chapter 10.5 from the PFCP approval and the FFCP. The FFCP generally must detail compliance with the forest conservation requirements (afforestation and reforestation) through the planting of one hundred forty-seven (147) trees. That totals 52,600 square feet of forest conservation credit.
The applicant proposes to reforest a small forest stand, totaling 5,070 square feet of forest conservation credit. Additionally, the applicant is proposing to preserve a number of individual trees on the site, for a total of 3,341 square feet of forest conservation credit. The applicant proposes to provide the remaining 59,923 square feet through a fee-in-lieu of planting payment.
Staff notes the approved PFCP includes phases that generally match the phasing proposed through the site plan. Staff anticipate the FFCP will continue the phased development of the site, in accordance with the site plan.
Minimum Tree Cover
The minimum tree cover (MTC) requirement in the MXE zone is 15%. That results in a MTC requirement of 77,036 square feet. The applicant is proposing to meet and exceed the MTC requirement through the combination of reforestation, individual tree preservation, and the planting of additional trees. The applicant is proposing approximately 105,211 square feet of MTC.
Significant Trees
Significant trees are defined as trees located outside of a forest and being 12” DBH (diameter at breast height) and trees located within a forest and being 24” DBH and greater.
• Overall Significant Replacements Required: 290 Trees
• Overall Fee-in-Lieu Proposed: 246 Trees
As with afforestation, the fee-in-lieu for significant tree replacement may be paid in installments during the build out of the project. The monetary contribution to be paid for each installment will be determined at the time of the associated FFCP. The amount of each respective installment payment will be calculated in accordance with the rates in effect in the Forest Conservation Manual at the time the FFCP is approved.
Street Trees
The project has frontage on Gaither Road, which is a City of Rockville right-of-way, and Shady Grove Road, which is a Montgomery County right-of-way. Street trees removed within the city’s rights-of-way are required to be replaced at a 1:1 ratio and shall be shown on the Final FCP, in addition to new street tree plantings within the right-of-way. The applicant is required to obtain permits from Montgomery County and Maryland DNR for removal of trees within the Shady Grove right-of-way.
In accordance with Section 25.21.21 of the Zoning Ordinance, the applicant is required to plant 1 tree every 40’ of newly subdivided lot fronting a public right-of-way. Final street tree locations, quantities, and species must be consistent across all approvals (including landscape plan, FFCP, and DPW approvals).
Offsite Trees
The applicant has met with Recreation and Parks staff to discuss proposed impacts to City of Rockville trees located on adjacent park property, at Mattie Stepanek Park. The applicant has agreed to provide replacement plantings on Mattie Stepanek Park, at the discretion of Recreation and Parks. These trees will be shown on the FFCP, prior to its approval.
Historic Resources
The property is not within a historic district and has no potential historic resources on site.
5. Be in conflict with the Plan.
This application is consistent with the City’s Comprehensive Plan. The application is located within Planning Area 16. Several elements of the project application are not compliant with goals, policies, and actions outlined in the Planning Area 16 chapter of the Comprehensive Plan. These compatibilities are:
“Support the implementation of the Corridor Cities Transitway on Shady Grove Road.” - page 395. This application anticipates the need to dedicate up to 15 feet of additional right of way along Shady Grove Road in anticipation of the Corridor Cities Transitway.
“Enhance the streetscape for people walking, rolling and biking along major roads in and around the planning area, with critical focus on improving safety along MD-355, to incorporate the principles of complete streets, as outlined in the Transportation Element, including wider sidewalks, bikeway facilities, such greenway features as linear parks, benches, and landscaping, and other active transportation amenities.” - page 395. This application will be constructing sidewalks to the City of Rockville standard.
“Ensure that any new development or redevelopment provides park space to meet the needs of existing and new residents, in accordance with the City’s park proximity standard.” - page 395. The application anticipates the creation of a public use area that will include seating and a bocce court as an amenity for those who work in the development.
Beyond the goals, visions and policies within Planning Area 16, the Comprehensive Plan also contains an Economic Development element, which this application supports. Specifically, this application furthers the following actions called out within the Economic Development element:
Goal 1: “Capitalize on Rockville’s competitive advantages, including its accessible location, cluster of advanced technology industries, educated workforce, and position as the seat of Montgomery County, to continue to grow and diversify its economy.” - page 178. The development of more than half a million square feet of office and laboratory space capitalizes on the growth of advanced technology industries in Rockville and prepares Rockville for success as new industry emerges in the future.
Policy 2: “Actively support Rockville as a center for innovative technologies, creative industries life sciences, advanced research, and cybersecurity.” - page 178. The addition of new lab space supports life sciences and advanced research industries in Rockville.
Policy 16: “Leverage Rockville’s Sustainable Communities Designation to Support Economic Development in targeted areas.” - page 189. This application is within a Sustainable Community area within the City, providing the potential for access to a toolbox of resources and incentives that may be eligible for the property.
6. Constitute a violation of any provision of the Zoning Code 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. The proposed land use is a permitted use in the MXE Zone per the Land Use Table in Section 25.13.03 and is also consistent with the Comprehensive Plan as outlined previously in the report. The requirements under Section 25.13.06 (Additional design guidelines) and 25.13.07.c (Special design regulations for individual mixed-use zones - MXE) will ensure thoughtful and sensitive design is utilized in this Project.
Open Space
The Zoning Ordinance requires 20% open space and 5% public use space, and the Applicant’s proposal complies with these requirements. The project will include 186,040 square feet of open area (approximately 37%) and 69,174 square feet of public use space (approximately 13%). Most of the public use space is located at the center of the proposed new site layout.
Parking
Per Section 25.16.03, 968 vehicle parking spaces, 33 short-term bicycle parking spaces, and 130 long-term bicycle parking spaces are required. The proposed site plan exceeds these requirements. A total of 1,334 vehicle parking spaces are proposed within two structured parking buildings and several surface parking lots. Each commercial building will contain a bike room to provide a space for long-term bicycle parking storage.
Height
The building height meets the maximum permitted height of 120 feet. The applicant may request a waiver to permit a height extension to allow rooftop equipment, subject to conditions of approval in this staff report. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process. Newly constructed sidewalks and pedestrian elements will be provided in accordance with applicable codes.
7. Be incompatible with the surrounding uses or properties.
Staff finds that the development is attractive, compatible and integrates well with the surrounding neighborhood. While the intensity of uses is increasing, the general type of proposed Research and Development use is consistent with the existing use of the property. The proposal will improve the site by replacing existing office buildings with a new architectural design that creates visual interest and enhances the built environment of the area. The proposal has also taken into consideration the adjacency of the site relative to Mattie J.T. Stepanek Park, the approved Project Plan for the property on the opposite side of Gaither Road (PJT2017-00007), as well as the properties located in the City of Gaithersburg.
Conditions and Recommendation
Staff recommends approval of Level 2 Site Plan application STP2024-00482, based on the findings above and subject to the following conditions:
Development & Zoning
1. The proposed development must be implemented and constructed in a manner consistent with the plans, concept designs, graphic representation and all associated development tables included in the site plan signature set for Level 2 Site Plan application STP2024-00482.
2. The Applicant must sign and return the approval letter prior to finalizing the site plan signature set. The approval letter must be included in the stamp approved signature set.
3. If waivers from the Zoning Standards are required, any wavier applications must be submitted and approved by the Approving Authority prior to the issuance of building permits for this application.
Forestry
4. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of a Final Forest Conservation Plan (Final FCP) and a landscape plan.
5. The Final FCP must be consistent with the PFCP approval issued on 11/24/2025. In addition to compliance with applicable codes, the Final FCP (trees planted to meet credit and/or code requirements) must meet the following requirements, unless modified by the City Forester, or designated staff:
a. Ensure that tree plantings meet the following minimum spacing requirements:
1. shade trees spaced 20 feet apart;
2. evergreens and ornamental trees spaced 15 feet apart;
3. all trees must be 10 feet from wet and dry utilities, except when under streets;
4. all trees must be 15 feet from streetlights and driveways;
5. all trees must be 10 feet from inlets;
6. shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
7. 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.
6. Before Final FCP approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester.
7. The applicant must provide street trees, subject to Chapter 25.21.21 of the zoning ordinance, in association with proposed subdivision. Street trees provided may be phased in association with phasing approved with this application.
8. Street tree requirements (temporary, if necessary) must be met along Gaither Road, in association with Phase 1. The applicant must provide an interim street tree plan to demonstrate compliance with this requirement.
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 within existing green space or where pavement was previously located. The current ordinance notes at the time of Final FCP submission shall be included on the Final FCP.
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 approval through the City Forester, subject to the Maryland Roadside Tree Law.
13. Any significant modification or revision to the approved Final FCP must be consistent with the Site Plan and submitted to the City Forester, or designee, for review and approval.
14. Consistent with the PFCP approval dated 11/24/2025, the applicant must submit a tree management plan (at the time of Final FCP submittal), prepared by a certified arborist, and approved by the city, to ensure impacts to on-site and property adjacent trees will be appropriately managed and minimized.
15. The applicant must submit a non-native management plan for review and approval by staff for the forested area/s to be preserved on the property and those within 50’ of the property boundary, on adjacent city park property, at the discretion of Recreation and Parks staff.
16. Before the issuance of any sediment control permit or building permit, the applicant must obtain a forestry permit. Before the issuance of the forestry permit, the applicant must:
a. submit the FTP permit application and fee;
b. obtain approval of a Final FCP;
c. pay to the city any approved fee-in-lieu consistent with the requirements of the FTPO;
d. execute a five-year warranty and maintenance agreement in a form acceptable to the city;
e. post a bond or letter of credit approved by the city for eligible forestry improvements per the FTPO;
f. execute and record a forest conservation easement in a form acceptable to the city, unless otherwise satisfied; and
g. if required by staff, submit a non-native invasive management plan for review and approval by city staff.
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 work within the Gaither Road right-of-way and within any existing or required public easements.
18. 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.
19. 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.
20. 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.
21. 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. 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.
22. Applicant must grant Public Improvement Easement (PIE) adjacent to Gaither Road public right-of-way for maintenance of public sidewalks. The 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 permit issuance of any PWK 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.
• The Record Plat must include:
• Additional dedication of right-of-way by the Applicant for improvements to the east side of Gaither Road and south side of Shady Grove Road;
• Dedication of rights-of-way and easements per the approved street sections;
• All necessary easements and abandonments.
24. 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.
25. 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.
26. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
27. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated June 3, 2025.
28. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated May 16, 2025.
29. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated September 10, 2025.
30. The Applicant shall comply with all conditions of the HPA and mitigate any service deficiencies identified as a condition of any affected phase's site plan(s), unless the HPA is otherwise amended.
31. 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.
32. The Applicant must obtain all required permits from any agencies and jurisdictions, including MDE and Montgomery County, as applicable and for any work within their easements or public right-of-way.
Traffic & Transportation
33. For each phase of development and prior to the issuance of any related DPW permits, the applicant shall submit for review, and approval a final signing and marking plan and a Maintenance of Traffic plan prepared in accordance with Maryland Manual on Uniform Traffic Control Devices (MUTCD) for the proposed construction period that shall at minimum include the methods of maintaining pedestrian safety and access on the existing sidewalks, temporary closing of sidewalks for work in the streetscape zone, and pedestrian detours.
34. Prior to the issuance of any DPW permit for phase 1, the applicant shall prepare and submit to DPW-Traffic and Transportation Division for review and approval a revised northern access driveway configuration that physically prevents any left turn movements in and out of the subject site at this location, and agree to fully implement prior to the issuance of any related occupancy permits.
35. Left turn movements at the northern site access entrance will not be allowed in the future unless the applicant demonstrates that the required ultimate improvements to Gaither Road as shown on the approved plans is constructed or is fully bonded for construction as well as the said driveway alignment is relocated to align with the planned Discovery Road at its intersection with Gaither Road and this intersection is either signalized or is fully funded for a traffic signal with all associated improvements as deemed warranted by the Chief of the Traffic and Transportation Division.
36. Prior to the issuance of any occupancy permit for phase one, the applicant shall demonstrate to the DPW - Traffic and Transportation Division that the existing eastside sidewalk along the entire property frontage with Gaither Road is fully reconstructed with all required ramps and connections as shown on the approved plans.
37. Prior to issuance of any occupancy permit for any development or redevelopment beyond that is identified as phase 1 on the approved plans, the applicant shall demonstrate to the DPW - Traffic and Transportation Division that all required improvements to the intersection of Shady Grove and Gaither Road signalized intersection as identified as the approval condition #32 b of the Mayor and Council Resolution 07B-19 for the approved Project Plan Application PJT 2017-0007, are constructed or fully funded and permitted for construction.
38. Prior to issuance of any occupancy permit for any development or redevelopment beyond that identified as phase 1 on the approved plans, the applicant shall demonstrate to the DPW - Traffic and Transportation Division that planned buffered 10-foot-wide shared-use path along with all related improvements (ramps and connections) along the entire property frontage with Shady Grove Road is fully constructed per the City and/or MCDOT standards and specifications.
39. Prior to the issuance of any occupancy permit for any development or redevelopment beyond that identified as phase 1 on the approved plans, the applicant shall submit for review and approval a new traffic signal warrant study for the southern access driveway intersection with Gaither Road, and fully fund or obtain any required DPW permits for the traffic signal and all related improvements if it is deemed by staff.
40. Prior 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 fee is subject to change and at the current time is $1.50 per square foot of gross floor area for nonresidential uses.
41. Prior to 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.
Publicly Accessible Art in Private Development
42. The Publicly Accessible Art in Private Development requirement applies to this project. Applicant must submit a concept plan with the submission of a site plan or project plan application, or prior to signature set approval.
43. Prior to issuance of a building permit, applicant must complete and provide an AIPD application and required attachments including a final plan.
44. Per City Code (Chapter 4, Article IV), the artwork must be installed and approved prior to issuance of an occupancy permit. An agreement shall be executed and a bond posted by the applicant prior to the issuance of the first occupancy permit for any art to be installed subsequent to the issuance of the first occupancy permit for the construction project.