Subject
title
Public Hearing for PJT2025-00022, an Amendment to the approved Project Plan for
900 Rockville Pike to extend the Project Plan's implementation periodend
Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council conduct the public hearing for the extension of the implementation period.
Discussion
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 8 - Resolution No. 17-24 for more information, including the analysis and findings of the original application.
To allow the approved development more time to file a site plan application without the approved Project Plan expiring, 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.
Project Analysis
The 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 an 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. This change is captured in a new condition, which states that “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.” No other changes are being proposed to the approved Project Plan (see Attachment 8 and the PJT2023-00016 Brief Book <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_09302024-7295>).
Findings
This extension request must be consistent with Zoning Ordinance Section 25.05.08:
a. 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. See Attachment 6 for the Applicant’s Statement of Justification.
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 Project Plan PJT2023-00016 and further analysis of the original approval can be found in Attachment 8.
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 conflicts 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.
Impact Statements
Equity
Given that PJT2025-00022 seeks to extend the implementation period and is not requesting any other changes to the previously approved project plan, there are no equity impacts stemming from this application.
Environment
Given that PJT2025-00022 seeks to extend the implementation period and is not requesting any other changes to the previously approved project plan, there are no environmental impacts stemming from this application.
Economy
Given that PJT2025-00022 seeks to extend the implementation period and is not requesting any other changes to the previously approved project plan, there are no direct economic impacts to the city for approving this application. Conversely, failure to approve the extension of the implementation period and allowing the previously approved project plan to expire will likely further delay development on the subject property, which may result in the loss of tax revenues associated with a new building and operational business on site.
Mayor and Council History
An application for development at this site was submitted in 2017 (PJT2018-00105). Mayor and Council held briefings on January 24, 2018, and February 26, 2018.
Mayor and Council held a public hearing on April 29, 2019, and a discussion, instruction, and possible adoption meeting on June 14, 2021. At the discussion, instruction, and possible adoption meeting, M&C directed staff and the applicant to explore whether the project could be modified to accommodate separate bicycle and pedestrian facilities along the Rockville Pike frontage as well as additional space needed to accommodate the Bus Rapid Transit (BRT) project.
As a result of those discussions, the development was redesigned to incorporate separate bicycle and pedestrian facilities along Rockville Pike and additional right-of-way dedication to accommodate the future BRT alignment. Given the substantial redesign of the site, City staff and the applicant determined that it was appropriate to withdraw the active application and resubmit an application that reflected the revised design. The applicant withdrew PJT2018-00105 on March 21, 2023, and submitted application PJT2023-00016. In accordance with Section 25.07.07.6. of the Zoning Ordinance, the Mayor and Council were briefed on the new application on May 8, 2023. The Mayor and Council held a public hearing <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4874&meta_id=127801> on July 8, 2024, a Discussion and Instruction meeting <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4882&meta_id=127968> on July 29, 2024, and approved the application on September 30, 2024, by Resolution No. 17-24 (See Attachment 8). The site was authorized for 4,000 square feet of retail with associated surface parking.
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.
Boards and Commissions Review
PJT2025-00022
The Planning Commission held a public meeting <https://rockvillemd.granicus.com/player/clip/5076> on June 11, 2025, and recommended approval of the request to extend the implementation of the related site plan filing for Project Plan PJT2023-00016 subject to the recommended findings and conditions.
Next Steps
In a later agenda item, the Mayor and Council will render a final decision on the proposed Project Plan amendment as an amendment to the Planned Development via the adoption of a resolution, incorporating the findings as required by Section 25.05.08 of the Zoning Ordinance.
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.