Subject
title
Project Plan Application PJT2025-00022, an Amendment to Approved Project Plan Application PJT2023-00016, to Permit the Modification of the Implementation Period for the Related Site Plan Application Filing at 900 Rockville Pike in the PD-CB (Planned Development - Champion Billiards) Zone; J. Danshes, LLC, Applicant.
end
Department
CPDS - Development Review
Recommendation
Staff recommends that the Planning Commission forward to the Mayor and Council a recommendation to approve Project Plan PJT2025-00022, a proposed amendment to the Champion Billiards Planned Development initially approved by the Mayor and Council by Resolution No. 17-24 (Attachment 7), subject to the findings and conditions identified in this report.
Overview
Case: PJT2025-00022
Location: 900 Rockville Pike - Danshes Center on the Pike
Staff: Kimia Zolfagharian
Community Planning and Development Services
240-314-8224
kzolfagharian@rockvilledmd.gov
Applicant: J. Danshes, LLC
Filing Date: April 3, 2025
Planning
Commission
Date: June 11, 2025
Background
J. Danshes, LLC. (“Applicant”) filed Project Plan Amendment PJT2023-00016 to construct a 4,400 square foot commercial building and associated site improvements on the property located at 900 Rockville Pike and previously approved as the Champion Billiards Planned Development (PD). The PD was initially approved by the Mayor and Council by Resolution No. 14-06, which allowed for the development of up to 12,574 square feet of furniture/retail sales in a two-story building. The development approved at that time was never constructed and the site remains vacant. Project Plan application PJT2023-00016 was approved by the Mayor and Council on September 30, 2024. See the PJT2023-00016 Brief Book <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_09302024-7295> and Attachment 7 - Resolution No. 17-24 for more information.
To allow this proposal, an amendment to the PD is required. This amendment is only proposing an extension of the implementation period of the Project Plan, and no other changes to the Project Plan are proposed. Per Section 25.14.17, PD amendments require the filing of a Project Plan amendment application.
Site Description
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Location: |
900 Rockville Pike |
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Planning Area: |
Planning Area 9 - Rockville Pike |
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Land Use Designation: |
OCRM - Office, Commercial and Residential Mix |
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Zoning District: |
PD-CB (Planned Development - Champion Billiards), equivalent zone of MXCD (Mixed-Use Commercial District) |
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Existing Use: |
Vacant |
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Proposed Use: |
4,400 square feet of retail space |
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Site Area: |
25,700 square feet or 0.59 acres |
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Building Height: |
27 feet |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXCD - Mixed-Use Commercial District |
OCRM - Office Commercial Residential Mixed |
Edmonston Drive and Mobil Gas Station |
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East |
R-60 Single Unit Detached, Residential |
RD - Residential Detached |
Railroad/WMATA Tracks and Single Detached Residential |
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South |
MXCD - Mixed-Use Commercial District |
OCRM - Office Commercial Residential Mixed |
6-Story Office Building |
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West |
MXCD - Mixed-Use Commercial District |
OCRM - Office Commercial Residential Mixed |
Rockville Pike/MD-355 |
See the “Aerial Map,” “Land Use Map,” and “Zoning Map” attachments for details.
Previous Related Actions
• Preliminary Development Plan Application PDP2006-00011 was approved by Mayor and Council on October 23, 2006, by Resolution No. 14-06. The site was authorized for 12,574 square feet of furniture/retail sales in a two-story building with sole access from the service drive public access easement to the south. The adopted resolution is included as the “Champion Billiards PD Resolution No. 14-06”.
• Use Permit Application USE2006-00702 was approved by the Planning Commission on July 25, 2008. This permit authorized the development approved by PDP2006-00011 and preliminarily approved a Final Record Lot Plat. A condition of this approval required the establishment of an 18-foot public access easement on the subject property.
o The property owners to the south appealed the decision due to the proposed and approved sole access to the site from the service drive public access easement across their property. This approval was ultimately upheld and remanded to the Planning Commission for additional findings.
o A revised Planning Commission decision for USE2006-00702 was issued on October 25, 2011, with additional findings in support of the proposed access. This approval has since expired.
• Project Plan Application PJT2018-00015 requested a modification to the 2006 Planned Development to construct a 6,984-sf building (including 6,084 sf retail and 900 sf office) and associated parking. The Planning Commission recommended approval of the application. After multiple briefings and hearings, Mayor and Council requested that City staff and the Applicant work with the Maryland Department of Transportation State Highway Administration (MDOT SHA) and Montgomery County Bus Rapid Transit (BRT) project teams to determine the appropriate amount of right-of-way dedication along Rockville Pike.
o Because the proposed development changed significantly during those discussions due to the additional right-of-way dedication required to accommodate the BRT alignment and bicycle and pedestrian infrastructure, the Applicant withdrew the application and submitted the current application in its place.
o The property owners to the south submitted testimony in opposition to the proposed development, including a memo prepared by Miles and Stockbridge. This memo has been resubmitted by Mr. Whalen as part of the record for his application.
• Project Plan amendment (an amendment to the Approved Champion Billiards Planned Development) Application PJT2023-00016 was approved by Mayor and Council on September 30, 2024, by Resolution No. 17-24 (See Attachment 7). The site was authorized for 4,000 square feet of retail with associated surface parking.
Project Analysis
J. Danshes, LLC. (“Applicant”) has filed this Project Plan Amendment to amend PJT2023-00016 and extend the Project Plan implementation period to one year after the Mayor and Council approval of this application. Section 25.07.07.18 of the Zoning Ordinance notes that:
Project plan implementation period. A project plan approval expires if:
(a) A site plan application implementing all or a portion of a project plan is not filed within six (6) months of the date of the Mayor and Council's approval or within such other period of time as may be provided in the approval; or
The Applicant is requesting the extension of the implementation period as the site plan application could not be submitted within six months of the Mayor and Council’s approval of Project Plan PJT2023-00016. No other changes are being proposed to the approved Project Plan (see Attachment 7 and the PJT2023-00016 Brief Book <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_09302024-7295>).
For the Master Plan, Traffic and Transportation analysis of the approved Project Plan, see Attachment 7.
Findings
For the findings of the original Project Plan approval PJT2023-00016, reference the approved resolution (Attachment 7). This extension request must be consistent with Zoning Ordinance Section 25.05.08:
a. In order to avoid expiration of the development approval, the implementation period may be extended only when all of the following conditions exist:
1. The provisions of this chapter expressly allow the extension;
The Project Plan application request does not conflict with the provisions of this chapter.
2. An extension request is filed prior to the expiration of the approval; and
This application was filed prior to the expiration of the Mayor and Council approval of PJT2023-00016.
3. The extension request is in writing and includes justification.
The extension request was filed as a Project Plan Amendment application. The Zoning Ordinance does not provide for administrative extensions of the implementation period of Project Plans, and per Section 25.07.07.18 of the Zoning Ordinance, the associated Site Plan must be filed within six months of approval. The amendment of Project Plan PJT2023-00016 would allow modification of the Project Plan conditions to add a provision specifying a longer period of implementation.
b. Unless otherwise provided, authority to grant extensions of time shall rest with the Approving Authority that granted the original approval being extended.
Project Plan application PJT2023-00016 does not provide an extended timeframe for the implementation of the Project Plan, therefore the current application and the enclosed request must be approved by the Mayor and Council, the Approving Authority of the original approval.
c. Extensions may be granted only upon good cause. In determining whether good cause has been shown, the Approving Authority must consider:
1. The actions taken by the applicant to diligently pursue implementation of the approval, including but not limited to execution of required documents and pursuing other required approvals;
The applicant worked with staff to communicate challenges in proceeding with the Project Plan implementation within the six-month time frame per the Zoning Ordinance. The applicant was able to communicate the challenges and the request prior to the expiration of the approval, and diligently pursued options to be able to extend the implementation period.
2. Whether the approved development complies with all the current provisions of this chapter and other applicable laws and with the current plan recommendations; and
The approved development complies with all the current provisions of this chapter and other applicable laws and with the current recommendations. The provisions of this chapter remain the same as what was evaluated with Project Plan PJT2023-00016 and further analysis of the original approval can be found in Attachment 7.
3. Such other factors deemed to be relevant.
All other factors deemed to be relevant to this application have been reviewed, and no issues or conflict have been identified.
d. An extension of the implementation period of an approval does not allow any change from the conditions of the approval for which the extension is requested.
No changes to the conditions of approval for which the extension is requested are proposed. The only request with this Project Plan is an addition to the approval which allows for the extension of the Project Plan implementation period.
e. The implementation period, including all extensions, of any development approval and/or related permit approval in effect on and after shall be tolled throughout the pendency of all administrative appeals of the development approval and/or related permit approval that are instituted at any time during the implementation period. The tolling shall start on the date the timely administrative appeal is filed. The tolling period shall end on the date of finality of the decision or final action of the appellate body with final jurisdiction.
No appeal has been filed.
Public Notification and Engagement
Notifications of the Project Plan application were made consistent with City Code requirements. The Affidavit of Public Notice is included as the “Affidavit of Public Notice” attachment.
Next Steps
Following the Commission’s review, the Project Plan application will be scheduled for a public hearing by the Mayor and Council. Upon hearing information and feedback from the public hearing, the Mayor and Council will render a final decision on the proposed Project Plan amendment as an amendment to the Planned Development via adoption of a resolution, incorporating the findings as required by Section 25.07.01.b.2 of the Zoning Ordinance.
The Planning Commission must review the Project Plan application and provide an opportunity for public comment. After its review, the Commission shall prepare and transmit its comments and recommendation on the application to the Mayor and Council.
If the application is approved, the Mayor and Council will establish a period within which construction of the approved Project Plan must commence. Following Project Plan approval, the Applicant must file a Level 2 Site Plan and a Final Record Plat.
Recommendation and Conditions
Staff recommends approval of the application subject to all of the conditions of PJT2023-00016 with the one additional condition noted below, to be incorporated into a Resolution for Mayor and Council consideration:
This condition would be added to the previously approved conditions in Resolution No. 17-24 (Attachment 7)
Planning and Zoning
3. The applicant must file a site plan that implements the Project Plan within one year from the date of the Mayor and Council approval of Project Plan PJT2025-00022, or the Project Plan approval will expire.