City of Rockville - File #: 26-2279

• File #: 26-2279
• Type: Review and Action
• Status: Agenda Ready
• File created: 6/13/2026
• In control: Planning Commission
• On agenda: 7/22/2026
• Title: Level 2 Site Plan Application 2026-101-STP, to Permit Construction of 198 Dwelling Units with Associated Site Improvements along with Waivers for Landscape Requirements (2026-293-WAV) and Subdivision Requirements (2026-382-WAV) at 1455 Research Boulevard in the MXE (Mixed-Use Employment) Zone; Pulte Home Company, LLC, Applicant

Subject

title

Level 2 Site Plan Application 2026-101-STP, to Permit Construction of 198 Dwelling Units with Associated Site Improvements along with Waivers for Landscape Requirements (2026-293-WAV) and Subdivision Requirements (2026-382-WAV) at 1455 Research Boulevard in the MXE (Mixed-Use Employment) Zone; Pulte Home Company, LLC, Applicant

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Department

CPDS - Development Review

Recommendation

Staff recommends approval of Level 2 Site Plan Application 2026-101-STP and the associated waivers for landscape requirements (2026-293-WAV) and subdivision requirements (2026-382-WAV) based on the findings and conditions of approval contained in this report.

Overview

Case(s):                     Level 2 Site Plan 2026-101-STP

                                          Landscape Waiver 2026-293-WAV

                                          Subdivision Waiver 2026-382-WAV

Location:                     1455 Research Boulevard 

Staff:                                          Christopher Davis, Principal Planner

                                          Community Planning and Development Services

                                          240.314.8201

                                          cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>

Applicant:                     Pulte Home Company, LLC

Filing Date:                     July 14, 2025

Executive Summary  

Pulte Home Company, LLC, (the “Applicant”) has filed a Level 2 Site Plan application for the subject property located at 1455 Research Boulevard (the “Property) to permit construction of 198 dwelling units, including 78 townhomes, 56 two-over-two units and 64 multifamily condo units, along with associated site improvements (the “Project”).

The Planning Commission’s role is to conduct a review of the application at a public meeting, provide an opportunity for public comments and decide on the proposed site plan, as outlined in Section 25.07.01.a.3(a) and 25.07.05 of the Zoning Ordinance.

After a comprehensive review of the application, staff finds the application to be 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 subject site plan application.

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Site Description

Location:                                          1455 Research Boulevard (the “Property”)

Planning Area:                     Area 15 - Fallsgrove and Research Boulevard

Land Use                                           

Designation:                                          O - Office

Zoning District:                     MXE (Mixed-Use Employment)

Existing Use:                                          Office (228,221 Square Feet)

Proposed Use:                                          Residential Townhomes and Condominiums                     

Site Area:                                          463,215 Square Feet (10.63 acres)

Building Height:                     75 feet maximum                                                               

Surrounding Land Use and Zoning

	Zoning	Planned Land Use	Existing Use
North	MXE (Mixed-Use Employment)	O - Office	Office
East	N/A	N/A (I-270 abutting Right-of-Way	Abutting I-270 Right-of-Way
South	MXE (Mixed-Use Employment)	O - Office	Office
West	MXE (Mixed-Use Employment)	O - Office (beyond abutting Research Blvd)	O - Office (beyond abutting Research Blvd)

Figure 1: Aerial Parcel Map

Site Analysis

The site is comprised of a single record lot identified as Lot 1 of the National Capital Research Park subdivision found on Plat 6390 recorded on July 31, 1961. It is located on the east side of Research Boulevard approximately 350 feet northeast of its intersection with West Montgomery Avenue (MD28). The site is fairly square in shape except for its western frontage along Research Boulevard, which observes a slight curve along the southwest corner nearing the intersection with MD28. The site experiences a gradual increase in topography from west to east. The Property abuts an office use site to the north and is buffered from such site by dense tree planting and existing forest. Office uses also abut the site to south. The site is situated between the roadways of Research Boulevard to the west and Interstate 270 to east. Vehicular access is provided to the site via two existing driveways from Research Boulevard.  The property is zoned MXE (Mixed-Use Employment) and located within Planning Area 15 (Fallsgrove and Research Boulevard) of the Comprehensive Plan.

The Property is currently improved with a 5-story office building containing 228,221 square feet of above grade area and constructed in 1998 according to SDAT. The office building is situated towards the center of the site and is surrounded by a large surface parking lot. The site is accompanied by perimeter landscaping and tree plantings, along with interior landscaped drive-aisle islands. An existing stormwater management pond is located on the property between Research Boulevard and the existing office building, which will be replaced with updated stormwater management facilities in conjunction with the proposed residential development. An approximately 100-foot-wide Transcontinental gas line right-of-way runs diagonally across a portion of the Property and is further detailed in this report.

Project Description

The Applicant proposes to raze the existing commercial office building and redevelop the Property with 198 residential units composed of 78 townhomes, 56 two-over-two units and 64 multifamily condo units. The townhomes will be provided in two configurations including front-loaded units located along the northern boundary of the site, with the remaining rear-loaded units located in the central portion of the site. The two-over-two units will be located in the southern third of the site. The multifamily condo units will be provided in two (2) buildings located along the site’s eastern boundary abutting I-270.

The development will be arranged around three (3) new public streets which will form a connected loop around the site to two (2)  improved access points from Research Boulevard. The public streets will be accompanied by sidewalks on either side as well as on-site visitor parking spaces in portions of the public streets. The residences in the central core and toward the southern third of the site will include alleys which will connect from the public streets to the rear-loaded garages of the units. Additional visitor parking will also be provided in the southeastern corner of the site along the southernmost alley and within an abutting parking lot.

Figure 2: Site Plan

The “two-over-two stacked” dwelling type refers to two (2), two (2)-story townhouse-type units which are stacked one on top of the other to create a four (4)-story building. Each of the townhome and two-over-two units will provide the required parking spaces within the garages and driveways of such units. The townhomes and two-over-two units will have a maximum height of 55 feet and the two (2) multifamily buildings will be slightly taller at 75 feet.  Both the multifamily buildings and attached units will incorporate a variety of architectural features, façade treatments and materials intended to create visual interest including façade projections, expression lines and elevations of varying materials and colors. The proposed development is proposed to provide the required 15% of the total (30 units) as MPDUs in accordance with Chapter 13.5 of the City Code (Moderately Priced Housing). The MPDUs will be provided in each proposed dwelling type including, 12 townhomes, 8 two-over-twos and 10 multifamily condos.

Approximately 34% (155,179 square feet) of the subject property will remain open space, exceeding the required 20%. The project also proposes providing 5.8% (27,092 square feet) of the property as public use space, also exceeding the 5% requirement. As part of the amenities provided for the community, the Applicant proposes to provide the public use space in a large open area which will provide a green buffer between the proposed residences and Research Boulevard along the frontage of the site. As detailed by the Applicant, this area will be improved with enhanced landscaping, a large multi-purpose lawn, seating, play elements and public art. Additional green area includes a green central spine fronting townhomes on either side which will provide a common gathering area. Additional open space will be provided along the southern property line in a linear park concept that will include picnic seating areas, open common green areas, tree plantings and additional landscaping, and an overhead arbor structure to help define the area.  The proposed internal sidewalks will provide a complete pedestrian network around the site and to the proposed on-site green areas.

While not required by the Zoning Ordinance, the Applicant proposes to provide 53 visitor parking spaces which will be distributed throughout the site as previously mentioned, and are being provided in conjunction with the Applicant’s requested waiver from Chapter 21 of City Code (also known as the “Road Code”), which was decided by the Mayor and Council as detailed later in this report.

Project Analysis

Master Plan

The Project is located within Planning Area 15 (Fallsgrove and Research Boulevard) of the Rockville 2040 Comprehensive Plan (the “Plan”). The Property is not identified by the Plan as a Focus Area or location of any proposed City project. The Project is consistent with many of the objectives and goals outlined within the Plan. Additional details about this application’s compliance with the Plan can be found in the “Findings” section of this report.

Zoning

With exception to the waiver requests detailed in this report, the Project meets all relevant requirements of the Zoning Ordinance pertaining to site plans and development standards of the MXE Zone. Details about the application’s compliance with the Zoning Ordinance can be found in the “Findings” section of this report.

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. Additional information on the forestry review can be found in the “Findings” section of this report.

Traffic and Transportation

Traffic 

For the traffic and transportation analysis, the Applicant followed the requirements of the City’s Comprehensive Transportation Review (CTR). 

Since the vehicular trips associated with the existing office use are vested with the site, the Applicant is entitled to take credit for the vested trips when calculating the impact of the redevelopment.  Utilizing trip generation rates as outlined in the Institute for Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, the full vehicular trip generation results with credits and reductions for vested trips are summarized in the table below:

The trip generation for the proposed redevelopment will result in an overall reduction in vehicle trips to the site as compared to the existing development. The proposed residential uses will generate 238 fewer trips in the morning peak hour and 206 fewer trips in the afternoon peak hour.

Since all intersections within the study area are currently operating at acceptable level of service during both AM and PM peak hours, staff finds that the same acceptable peak hour traffic conditions would continue to exist after the construction and occupancy of the proposed residential units.  As a result, the approval of the proposed plan does not require any additional intersection mitigation, and all intersections will continue to operate adequately as required by the CTR.    

Roads, Transit, Access, and Circulation 

Vehicular access to the site will be via two (2) stop-controlled curb cuts along Research Boulevard. Vehicles entering the site must then use the proposed public streets and private alleys to access the proposed residential units. The northern curb cut location is consistent with the existing curb cut on the north side of the property, while the southern curb cut location will be shifted slightly to the south to align with the opposing driveway on the west side of Research Boulevard.  The curb cuts will be designed to City of Rockville standards.

Pedestrian and bicycle access to the site will be available from the proposed 10-foot-wide path along the site’s frontage on the east side of Research Boulevard. On-site pedestrian and bicycle facilities will be provided by the new sidewalks and along new internal roadways. There will be a pedestrian access connection to the existing shopping center directly to the south of the site. As required by the Zoning Ordinance, the Project proposes a total of two (2) short-term and 24 long-term bicycle parking spaces. The approved location of the required bicycle parking spaces is shown on the submitted plans.  

The site is located approximately 2.5 miles away from the Rockville Metro station and MARC Station. There are two (2) bus stops near the site, with one stop located directly on the site’s Research Boulevard frontage, and the other directly across the street. These bus stops serve Montgomery County Ride On bus routes 54 and 63. The bus stop on the site’s Research Boulevard frontage and the stop directly across the street both include shelters, benches, bus stop flags, and landing pads. The Applicant’s submitted plans show slight relocation of the existing bus stop to the north along the site’s Research Boulevard frontage and will include all existing amenities.

Adequate and acceptable fire and other emergency and service-oriented truck turning maneuvering and circulation exhibits are included with the plan submission.

There are three (3) streetlights along the Research Boulevard frontage. The Applicant proposes provision of required streetlights along the proposed internal public streets and additional lighting fixtures throughout the project to maintain proper lighting levels throughout the site.

The Applicant requested Road Code waivers for the required right-of-way and pavement widths associated with the development. The requests included supporting justification which were reviewed by staff. The waivers were granted to the Applicant by the Mayor and Council at its June 29, 2026 meeting.

Based on the information presented above, the proposed development will be served adequately by the existing and proposed roadways along with the existing public transit services.

The addition of the proposed shared use path along Research Boulevard frontage and proposed on-site walkways will greatly improve safe pedestrian and bicycle access, and circulation to, from and within the site.

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 pre-application 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 and associated notification requirements. The initial pre-application area meeting was held virtually on December 17, 2024. A virtual post-application area meeting was held on August 26, 2025. Two (2) members of the public attended the area meetings but provided no specific feedback during the meetings.

Mailed notices for the Planning Commission meeting were sent out two weeks in advance of this Planning Commission meeting to surrounding 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, one letter of support, a letter expressing concern, and one letter of opposition to the proposed development has been received (See Attachment #7: Public Testimony). The letter of support indicated that the Project would help to address the City’s need for more housing but requested the project address noise reflection from the busy abutting I-270 roadway. The Applicant will provide mitigation measures to address noise impacts as detailed later in this report.

Letters of concern and opposition were submitted by representatives of Meso Scale Diagnostics, LLC, the owners of the neighboring 1601 Research Boulevard property immediately abutting north of the subject property. An initial letter, submitted to the Mayor and Council in October 2025, noted concerns about the project and a desire to defer review of the site plan. The opposition letter submitted in March 2026 expresses that the site plan is contrary to the Rockville 2040 Comprehensive Plan (the “Plan”), particularly to the residential use proposed for the site, where the Plan designates the property for office use. Specifically, it notes the planning history of the Research Boulevard area and its deliberate development for office uses. It also calls out goals and action of the Plan which seek to preserve and further encourage office uses in the area. The letter further states items that the site plan is deficient in meeting certain requirements, such as public use space, landscaping, setbacks and noise. As further detailed in the “Findings” section of this report, staff does not believe the Project is in conflict with the Plan for the reasoning specified within this report. Furthermore, the applicant has made revisions to the site plan and taken appropriate measures to adequately address the applicable Zoning requirements as further detailed below.

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 Project will not adversely affect the health or safety of persons residing or working in the surrounding neighborhood. The Project seeks to redevelop the site with a variety of new housing units. The Plan recognizes the need for a diverse range of housing types at different income levels throughout the city, and this project will provide such diversity with both market rate and MPDU units. The Property abuts non-residential properties to the north and south and is not immediately abutting any residential uses. The Applicant notes the underutilization and growing vacancy of the existing on-site office use. The replacement of office with residential uses on the Property will support the city’s goals of additional housing while also helping to support the adjacent commercial retail uses located on the abutting Research Row development located just south at the intersection of Research Boulevard and MD28. With the exception of the requested waivers, the Project will meet all necessary Zoning Ordinance requirements established to promote the health, safety and welfare in the City. The Project will provide deliberate landscaping along the Property’s perimeter to provide a compatible project with the surrounding properties. Sound mitigation measures will also be included with the project to ensure transportation noise from the abutting I-270 freeway is limited for the benefit of future residents.

2.                     Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

Staff finds that the Project will comply with all applicable regulations and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The Project will replace an underutilized commercial office building surrounded by surface parking with new residential uses and associated site improvements. New residents occupying the Project will also help maintain the vitality of the existing commercial and service uses in the surrounding area. The Project will also provide new site improvements such as stormwater management facilities, public streets, open area and public use space for the benefit and welfare of future residents. The Project will also provide multiple types of residential units to further the city’s housing goals and the development is anticipated to generate a reduction in peak hour vehicle trips to and from the site. Prior to construction, the project will also be required to comply with other applicable laws, including but not limited to Chapters 5, 10.5, 19, and 21 of the Rockville City Code, governing building standards, forestry, sediment control and stormwater management, and road design, which will further ensure the project is not detrimental to the public welfare or injurious to 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 Property is served by the Richard Montgomery Cluster Area (Ritchie Park Elementary School, Julius West Middle School and Richard Montgomery High School) and is located within a Turnover School Impact Area. Using the corresponding Montgomery County Student Generation Rates, FY2026-2027, the proposed 198-unit residential development will generate 64 total students as detailed below:

Student Generation For Single-Family Attached (Townhomes)- Turnover Area
Grade Levels	MCPS Rates for Single Family Attached	# of Students Generated by Proposed Single Family Attached	Student Total
Elementary School	0.207	(0.207*78 units) = 16.15	17
Middle School	0.113	(0.113*56 units) =8.82	9
High School	0.166	(0.166*56 units) = 12.95	13

Student Generation For Multifamily Low-Rise Units (Up to 4 Stories = 2-over-2 Units) - Turnover Area
Grade Levels	MCPS Rates for Multi-Family Low Rise	# of Students Generated by Proposed Multi-Family Low Rise	Student Total
Elementary School	0.123	(0.123*56 units) = 6.88	7
Middle School	0.064	(0.064*56 units) =3.58	4
High School	0.083	(0.083*56 units) = 4.65	5

Student Generation For Multifamily High-Rise Units (5 stories or higher = Multifamily Condo Units) - Turnover Area
Grade Levels	MCPS Rates for Multi-Family High Rise	# of Students Generated by Proposed Multi-Family High Rise	Student Total
Elementary School	0.059	(0.059*64 units) = 3.78	4
Middle School	0.026	(0.026*64 units) = 1.67	2
High School	0.040	(0.040*64 units) = 2.56	3

The current school standards of the Adequate Public Facilities Standards (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 a 180-seat capacity deficit in middle schools. The proposed development meets these standards for all school levels as shown in the table below.

School Test: Seat Deficit > 110 Seats (Elem.) or > 180 (Middle) and Percent Utilization >120% (Elem., Middle, and HS) = Moratorium
School Type (Richard Montgomery Cluster)	Projected 2030-31 Enrollment	Student Generated by Proposed Development	100% MCPS Program Capacity 2030-31	Enrollment Including Proposed Development	School Percent Utilization in 2030-2031	School Percent Utilization in 2030-31 with Proposed Development
Ritchie Park ES	328	28	411	356	79.8%	86.6%
Julius West MS	1,307	15	1,432	1,322	91.3%	92.3%
Richard Montgomery HS	2,226	21	2,236	2,247	99.6%	100.5%

Traffic and Transportation

Based on a multimodal and comprehensive on-site transportation review, staff finds the proposed redevelopment of the subject site with 198 residential units can be adequately accommodated by the existing and/or programmed transportation infrastructure with the recommended conditions.

Water and Sewer

In a letter dated June 9, 2026 (see Attachment - Water and Sewer Authorization Letter) 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 Approval Letter lists project specific conditions of approval.

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 May 21, 2026 (See Attachment #13: SWM Concept Approval Letter). The Development SWM Concept Approval Letter lists project specific conditions of approval. On-site SWM is being provided by the Applicant through the construction of a combination of Environmental Site Design (ESD) measures, including onsite and roadside planter box micro-bioretention facilities and a grass swale, and structural measures providing underground water quality treatment and quantity storage.

DPW reviewed and approved the adequacy of the existing downstream public storm drainage system in a Safe Conveyance Study Approval Letter dated May 21, 2026 (See Attachment #15: Safe Conveyance Letter). Staff has determined the storm drainage system to have sufficient capacity to convey the proposed 10-year runoff from this Project.

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 26, 2026 (See Attachment #14: Prelim Sediment Control Approval Letter). The Preliminary Erosion and Sediment Control Approval Letter lists project specific conditions of approval. 

Natural Resources Inventory/Forest Stand Delineation

The subject property is subject to Chapter 10.5 of the City Code, the Forest and Tree Preservation Ordinance (FTPO). The Natural Resources Inventory/Forest Stand Delineation (NRI/FSD) for this site was approved on April 29, 2025 (2025-21-NRI). There is no existing forest on this site. The site is characterized by landscape trees, which are protected by an existing Category II Forest Conservation Easement (FTP2019-00008) on the entirety of the tract. Staff anticipate the existing forest conservation easement will be extinguished and replaced by a new forest conservation easement associated with the forthcoming Final Forest Conservation Plan (FFCP).

Forest Conservation

The Preliminary Forest Conservation Plan (2026-100-PFCP) for this project was approved on June 18, 2026. Staff notes the following preliminary metrics, which are subject to change at the time of the FFCP, in accordance with the FTPO. There is a reforestation requirement of 1.68 acres and an afforestation requirement of 1.03 acres, totaling 2.71 acres of forest conservation requirements.

A total of 0.9 acres will be planted toward the total 2.71 acres of forest conservation required, and a fee-in-lieu will satisfy the remaining 1.81 acres. A justification letter for fee-in-lieu of planting explains that site constraints associated with the redevelopment, including required buildings, parking facilities, stormwater management practices, storm drain infrastructure, utility corridors, and other site improvements leave insufficient area to accommodate the remaining forest conservation requirements through plantings on-site. The on-site trees planted primarily consist of oak, red bud, and hawthorne varieties.

The PFCP is depicting 97 significant tree removals on the property, resulting in a significant tree replacement requirement of 119 planted trees.

As final engineering advances, staff anticipate minor changes to tree quantities, fee-in-lieu, or other elements of the FTPO may occur, in association with the FFCP.

Landscaping

A combination of ornamental and evergreen trees will be planted between the project site and I-270 along the eastern boundary to serve as a visual and noise screen. To satisfy the compatibility finding (Section 25.13.07.C.6(a)) for an MXE site, the development proposes a similar assortment of ornamental and evergreen screening on the southern boundary of the site. To address compatibility on the northern property boundary, a condition of approval is included in the Conditions section of this report that directs the applicant to include a fence (split-rail or other suitable type) along the northern property boundary, located on the common parcel (under HOA ownership). This is to ensure an appropriate buffer from the existing forest conservation easement on the adjacent property and mitigate possible encroachment by the proposed development.

The two parking facilities located in the southeast quadrant of the site satisfy the 5% tree cover requirement for internal area set out in the Landscaping and Lighting Manual. However, a Transcontinental gas pipe easement goes through both parking facilities, which prevents the Applicant from meeting the screening requirements set out in Section 4(d)(2)(a) and 4(d)(2)(b) of the Landscaping and Lighting Manual. As a result, the Applicant is seeking a waiver from the perimeter landscaping requirements for both parking facilities as permitted by the Landscaping and Lighting Manual. This waiver was submitted as a part of the site plan application and is further detailed later in this report.

Street Trees and Lot Trees

In accordance with Section 25.21.21, the subject development is required to provide a minimum of 82 street trees (1 per 40’ on average) within the public right-of-way fronting newly subdivided lots. While the spacing pattern for the trees in some areas is not precisely 40 feet due to water and sewer connections, storm drainpipes, utility meters and street lighting infrastructure, the number of overall required trees is provided and there are no areas with a notable gap in the street trees. Lot trees are also required at a rate of 1 tree per 2,000 square feet of lot or fraction thereof. Lot tree requirements are met through a combination of planting on the residential lots in conjunction with plantings provided on common parcels throughout the development. Lot tree calculations and totals are subject to further refinement during the final engineering process.

Historic Resources

The property is not within a historic district. Pursuant to Section 25.14.01.d.1.(c), the subject property is required to be evaluated by the Historic District Commission (HDC) prior to demolition of the existing office building.

Noise

The use and operation of the proposed development must comply with the noise regulations applicable in the city, including Sec. 31.B-6 of the Montgomery County Code and the Staff Guidelines for the Consideration of Transportation Noise Impact in Land Use Planning and Development produced by Montgomery County Planning, M-NCPPC.

The subject property abuts I-270, a classified Freeway by the Rockville 2040 Comprehensive Plan. To analyze transportation noise that may impact the proposed development, the Applicant completed a Noise Analysis dated November 25, 2025 which concluded that the Project could comply with the County’s interior noise requirement through modifications to the proposed building design, including upgraded windows for the multifamily and certain townhomes which would be most impacted by transportation noise nearest I-270. The Noise Analysis states that such modifications would be needed in order maintain on-site noise levels to required standards.

Recognizing that higher noise levels occur toward the southeast portion of the Property, the Applicant strategically prioritized the placement of public and private open spaces in areas with lower noise exposure. The multi-family buildings were strategically located along the eastern boundary of the Property to serve as an effective sound wall. Originally, the multi-family buildings were larger, 36-unit buildings, but in order to comply with interior noise level requirements, the buildings were reduced in size to 32-unit buildings and relocated further away from I-270. The main public use space, located along the Research Boulevard frontage, provides a generous half-acre open lawn designed for public use and community gathering. The mews area is a private, resident-focused space that is acoustically insulated from excessive noise and provides approximately a quarter-acre of gathering area with a variety of passive seating options. 

Specific conditions of approval are included with this project to ensure adequate noise levels are achieved for the future residential development.

5.                     Be in conflict with the Plan.

This application is not in conflict with the Rockville 2040 Comprehensive Plan. The Project falls within Planning Area 15 - Fallsgrove and Research Boulevard. One of the purposes of the Plan is to establish, “visions and goals for the future of the community.” It does this in a comprehensive manner by establishing policies and recommendations by topic areas or “Elements” that apply citywide while also providing more focused recommendations applied to specific planning areas.  The Plan states that, “each section should be referenced to understand the full extent of City policy or recommended actions and projects for specific areas.” In considering whether a project may be conflicting, the Plan should be considered in its totality rather than observing any individual element or recommendation in isolation.

The Property is identified by the Plan with the Land Use designation of “O” corresponding to Office use, where “office or other employment generating uses, such as hotels, research and development, or laboratories are preferred as the primary use. Commercial or other customer-serving uses are allowed as complements to the primary employment-generating use.” This chapter of the Plan also states that the “Research Boulevard corridor should remain focused on employment-generating office and commercial redevelopment.” While the proposed residential use is not listed in the specific land use for the Property, consistency with the Plan’s recommended land uses is not the sole factor in determining whether a project is in conflict with the Plan.

While the Plan recommends that the Research Boulevard corridor should remain focused on employment and office uses, it also specifies that such focus should be done with some flexibility to include, “providing amenities and uses that would support and complement office and commercial uses in the area.” The Project will provide residential units to Research Boulevard that can serve to support the surrounding commercial uses, notably the retail and service uses established at the nearby Research Row development. As there are no other residential units existing within the Research Boulevard corridor, the introduction of residential uses on this single site is not anticipated to change the focus of the Research Boulevard corridor for providing office and commercial redevelopment. Instead, it will provide the flexibility of uses to help support such focused development envisioned by the Plan.  

The Project will further achieve numerous goals envisioned in the Plan. For instance, the Plan acknowledges the high vacancy rate generally for office buildings. The Housing Element of the Plan also recommends providing a diverse array of housing types at different income levels throughout the City. The Plan also recommends identifying “potential opportunities for conversion of obsolete offices and hotels to residences.” As the Applicant has indicated that utilization of the existing office building has decreased over the last few years, the proposed residential development would facilitate the conversion of an underutilized site, assist in providing additional housing stock to the City, and produce a variety of housing units at various income levels including both market rate and MPDUs, all goals envisioned and encouraged by the Plan.

The Plan further encourages improving “bicycle and pedestrian access and safety within the Research Boulevard corridor.” The proposed residential development will provide improved infrastructure, notably through modern pedestrian walkways and sidewalks along its frontage and internal to the development, new pedestrian connections to abutting development, street lighting and new public streets. This infrastructure will provide upgraded conditions for both bicyclists and pedestrians and will further allow the proposed residential development to complement the surrounding development through improved pedestrian movement and access. 

Given the project’s consistency with the noted goals and recommendations described in the Plan and noted above, staff finds that the Project is not in conflict with the Plan.

The flexibility of uses encouraged by the Plan is also exemplified by permissions included in the Zoning Ordinance. The subject property has been zoned MXE since 2009 -zoning that was recently reconfirmed by a comprehensive map amendment meant to implement the Comprehensive Plan. Since 2009, the MXE zone has permitted residential uses even where not expressly recommended by the Comprehensive Plan when the Mayor and Council or Planning Commission finds that the proposed residential project is compatible with its surrounding uses, and such analysis is further detailed in the findings below.

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 found in Section 25.13.03 and implements a number of recommendations expressed by the Comprehensive Plan as mentioned previously in this report.

The Zoning Ordinance requires 20% open space and 5% public use space in the MXE Zone, and the Applicant has reserved land areas beyond these thresholds to comply with these requirements. The extensive green buffer area proposed along the frontage will provide public use space that will provide seating areas, walkways and proposed public art that residents and the public will be able to enjoy. This area is also strategically positioned to be less impacted by the transportation noise generated from I-270 on the opposite side of the Property. This area is accompanied by additional smaller-scale open areas that will provide a variety of attractive open spaces and will include outdoor furnishings to enhance the residential experience within a new urban redevelopment.

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 that appropriate and thoughtful design is utilized in this project along with the allowances specified in this report. Among the additional design guidelines applicable to the project are the following regarding sidewalk widths:

•                     Section 25.13.06.c.5 specifies that continuous internal pedestrian walkways, no less than six (6) feet in width should be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site.

The special design regulations for the MXE zone also specify the following regarding sidewalks:

•                     Section 25.13.07.c.4 indicates that where sidewalks must be built new or rebuilt as part of redevelopment, they should comply with the provisions of Sec. 25.17.05, which further specifies 6-foot-wide sidewalks for clear paths.

The Applicant proposes pedestrian walkways and sidewalks to be a width of 5 feet throughout the site. The MXE sidewalk guidelines provide a width of 6 feet for sidewalks connecting the public sidewalks to the principal customer entrance, suggesting that a width of 6 feet should be provided in connection with access to commercial uses.  Given the heavier amounts of pedestrian traffic associated with commercial or mixed-use sites, a width of 6 feet would be conducive to accommodating pedestrian traffic associated with such uses.  However, given that the Project is exclusively residential, the Applicant notes that 5-foot-wide sidewalks and walkways are more appropriate for accommodating the residential uses proposed. The Applicant notes that the 5-foot-wide sidewalks will be consistent with the City’s Standards and Details for Construction Manual for sidewalks provided within the proposed public streets. While accommodating the anticipated pedestrian traffic, the 5-foot-wide sidewalks will also allow for more green space while reducing the overall total amount of impervious area on the Property, which will help to reduce runoff and is therefore beneficial from a stormwater management perspective. As mentioned, the Mayor and Council adopted a new Zoning Ordinance for the City on June 29, 2026. The new Ordinance includes provisions that will generally require all sidewalks and pedestrian walkways to be a minimum of 5 feet in width. Therefore, the proposed sidewalks will be consistent with the pedestrian standards anticipated for the City moving forward. Given the reasoning expressed herein, staff supports allowance of the modified sidewalk widths to be 5 feet wide throughout the Project.

Per Section 25.16.03, 364 vehicle parking spaces are required, and the Applicant proposes to exceed this requirement by providing a total of 447 parking spaces. The maximum height of buildings proposed on-site at 75 feet comports with the Zoning Ordinance’s requirement of 120 feet. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process.

Other than noted in this report, newly constructed sidewalks and pedestrian elements will be provided in accordance with the appliable codes.

Setbacks
Applicability	Public Right-of-Way Abutting	Side		Rear
		Residential Land Abutting	Non-residential Land Abutting	Residential Land Abutting	Non-residential Land Abutting
Required	None. 10’ minimum if provided	25’ or the height of the building, whichever is greater	None. 10’ minimum if provided	25’ or the height of the building, whichever is greater	None. 10’ minimum provided if
Provided	39.2 feet (Research Blvd) 43.8 feet (I-270)	N/A	12.5 feet (north) 39.5 feet (south)	N/A	N/A

Compatibility Finding

Section 25.13.07.c of the Ordinance outlines special design regulations for the city’s MXE zone. Among these requirements, the Ordinance states the following:

“Residential uses may be allowed in those areas recommended for such uses in the relevant plan, or where the Mayor and Council or the Planning Commission, as the case may be, determines that the use is compatible with adjoining and confronting uses by means of landscaping, screening, or other measures. In this case, residential development is limited to townhouses, multi-unit or livework units. Ground floor retail uses primarily intended to serve the residents may be included.”

Given that the Property is located in the MXE zone and is proposing residential uses but is designated with a land use designation of Office by the 2040 Rockville Comprehensive Plan, the Planning Commission must find compatibility with the surrounding uses prior to the residential use being approved.

The Property is squarely shaped and situated between abutting commercial sites to the north and south and public rights-of-way to east and West. The proposed residential use addresses the design requirements for compatibility with the surrounding properties by proposing multi-unit dwellings on the site and will utilize a combination of landscaping and buffering measures as detailed below.

To the north, the abutting property line will be lined with front loaded townhouses. The townhouse lots will be located within five feet of the property boundary and existing forest located on the abutting 8 Research Boulevard property within a Forest Conservation Easement (FCE). The FCE separates the abutting property boundary from the existing office building and garage located beyond at 1601 Research Boulevard on the same abutting site. The forest area extends along the entirety of the shared property boundary and creates a buffer from the existing office building and the subject Property.

The Applicant will install Forest Conservation Easement signs every 50 feet along the Property boundary to notify the townhouse owners of the restrictions associated with this area.  In order to allow access to the rear of the townhouse lots, no planting is proposed within the five-foot landscaped strip behind the lots and the Property. Given the heavily wooded area associated with the Forest Conservation Easement area, the townhouses along the northern property line will be compatible with the adjacent office property to the north. As previously mentioned, staff is also including a condition of approval to provide fencing along the northern property boundary to ensure an appropriate buffer from the existing forest conservation easement is provided to mitigate possible encroachment by the proposed development.

Along the site’s eastern boundary, the proposed development will incorporate enhanced landscaping that will include a mix of evergreen and shade trees to provide a visual buffer and screening from the abutting I-270 roadway. A portion of the boundary will be without trees because of the approximately 90-foot-wide Transcontinental Gas Right-of-Way easement, which runs diagonally across the site in a southwest to northeast direction. Certain improvements such as trees and deep-rooted plantings are prohibited in the easement. To the extent permitted, non-woody plants will be planted within the easement area, and the lack of trees in this area has no impact on the compatibility finding.

Along the southern boundary, the gas easement also results in a similar limitation in planting trees and deep-rooted plantings. Outside of the easement area, a variety of evergreen and ornamental trees will be planted to help define and buffer the Property from the neighboring property to the south, which is improved with a surface parking lot that immediately abuts the shared property line with an existing office building beyond. This Property at 1405 Research Boulevard further connects to other abutting commercial properties that collectively make up the aforementioned Research Row development that includes retail and service-oriented uses that this Project will help to support and provide attractive services to new residents. To facilitate connectivity between the proposed residential and abutting commercial uses, pedestrian connections from the Project to the abutting office property will be provided. The proposed connections and planned landscaping along the southern boundary will provide compatibility for the mix of uses proposed between the two properties.

The western boundary abuts the Research Boulevard roadway. The Project is designed to include three sticks of townhouses along the Research Boulevard frontage to help frame the street and is in keeping with current urban design principles in that it will help to reduce vehicular speeds along Research Boulevard. The proposed public use space along with additional improvements such as new street trees along the western frontage of the Property will provide engaging open spaces and an interesting visual element which will soften the residential use from Research Boulevard while also creating a pleasant transition from the roadway to the Project.

Staff finds that the compatibility finding is met for each edge of the Property.

7.                     Be incompatible with the surrounding uses or properties.

Staff finds the Project will be compatible with surrounding properties and integrates well with the mix of uses in the surrounding neighborhood. The Project will add 198 residential units to the City’s housing inventory with the variety of unit types on-site. The Property is adjacent to commercial uses to the north, south and west. The introduction of residential uses in this section of the Research Boulevard area will provide both residential and non- residential land uses in close proximity consistent with the purposes of the mixed-use zones. The addition of the future residences will also support a high quality-of-life environment where users can live, work and access services. As previously mentioned, specific landscaping and screening measures will be incorporated, as required by the Ordinance to further ensure the compatibility of the Project with the surrounding properties.

Waiver Requests

Landscape Waiver (2026-293-WAV)

Pursuant to Section 25.17.02.a, landscaping and screening is required in all zones in accordance with the landscaping, screening and lighting manual (the “manual”).

Section 4.d.2.(a) of the manual governing the “Landscape Strip Area Adjoining a Street Right-Of -Way” requires the provision of a 10-foot-wide landscape strip in which the following must be provided:

i.                     Planted with either shade or ornamental trees; and

ii.                     The provision of one tree for every 40 feet of lot frontage with an evergreen hedge planted with 15 shrubs per 40 feet of lot frontage;

Section 4.d.2.(b) of the manual governing the “Perimeter Landscape Area for Parking Adjoining Property Other Than a Street Right of Way” states that the landscaped areas around a parking facility must provide the following:

i.                     A perimeter landscape strip at least seven feet wide to allow for the planting of trees;

ii.                     The provision of one shade tree and 15 shrubs for every 40 feet of perimeter space with the shrubs high enough to screen headlights; and

iii.                     Where appropriate, two ornamental trees may be substituted for one shade tree and one evergreen tree substituted for five shrubs.

Figure 3: Exhibit of parking lot areas subject to proposed landscape waiver at the southeast corner of the site.

The Project proposes a 27-space surface parking lot in the southeast corner of the site. A smaller 15-space parking lot is proposed along the southern boundary.  Both parking lots are encumbered by the 92-foot wide Transcontinental Gas Pipeline Right-of-way (the “Easement”) recorded among the Land Records of Montgomery County at Liber 2890, Folio 186 that runs in a northeast to southwest direction across a large swath of Montgomery County, including the southeast portion of the Property. The Applicant has noted that in accordance with the Easement Agreement “no structures or improvements which would interfere with the operation or the maintenance of the existing pipelines” are permitted. The Applicant notes that the Easement owners have strictly enforced the Easement Agreement and prohibit any type of plantings within the Easement area, except for ground cover. At the same time, the Easement Agreement permits paving over the Easement area. Given the limited amount of improvements allowed within the Easement Area, the Applicant notes that it was logical to locate the needed surface parking lot in this location. As a result of the Easement Agreement prohibitions, the perimeter areas of the parking lot located within the Easement will be void of any landscaping features beyond ground cover.

Findings

A waiver of the buffering and/or screening requirements within the manual may be granted by the Planning Commission, subject to such conditions as may be deemed appropriate if the request meets any of the following findings. The required findings are listed below with staff’s analysis immediately following. The Commission may grant a requested waiver if it finds one of the following:

A.                     That alternative means of achieving the objectives of the buffering and screening requirements meet the objectives of this section, or

Staff Response: The request is not being made pursuant to this criterion.

B.                     That compliance with the buffering and screening requirements cannot reasonably be met due to unique site conditions, or

Staff Response: The unique site condition is the presence of the gas line Easement  and the associated restrictions for plantings as explained above. The larger 27-space parking facility bordering I-270 is not able to meet the requirements set out under 4(d)(2)(a) on its eastern border and is unable to meet the requirements set out under 4(d)(2)(b) on its southern and western border. The southern and western borders are unable to meet the landscaping requirements due to conflicts with other required infrastructure for stormwater management facilities. The smaller 15-space parking facility borders the southern property boundary and, due to the same easement, is unable to meet the requirements set out under 4(d)(2)(b). As mentioned, with the limited permissions allowed by the Easement, the Applicant is providing ground cover around the perimeter of both parking facilities. Excluding the micro-bio planter along the southern boundary and in the northwest corner of the larger parking lot, the site plan adheres to the perimeter landscaping requirements in all areas not subject to the Easement. 

For the larger 27-space parking lot, the need for perimeter landscaping along the eastern edge of the surface parking lot is mitigated by the fact that this area of the Property abuts but will not have access to the I-270 right-of-way. Thus, the I-270 roadway will not pose any operational conflicts to the use of the parking lot and will maintain optimal traffic patterns for the abutting uses as intended by the Manual. Additionally, the eastern portion of the larger 27-space parking lot does provide landscaping along the eastern boundary in areas not encumbered by the Easement. The 15-foot parking lot along the southern boundary of the Property is separated from the parking lot on the adjacent commercial property by a 40-foot-wide grass strip and a change of elevation of 10 feet.  The distance between the two parking lots, coupled with the fact that they are like-to-like uses, mitigates the importance of additional landscaping in this area. 

C.                     That there exist unique safety or security concerns that would be unreasonably compromised by compliance with the buffering and/or screening requirements; or

Staff Response: The request is not being made pursuant to this criterion.

D.                      The lot occupied by the requesting use is less than 7,500 square feet in size; or

Staff Response: The request is not being made pursuant to this criterion.

E.                     The owners of 70 percent of the residential property immediately contiguous to the area of the requested waiver affirm, in writing, their support for a waiver of the buffering and/or screening requirements of this section. The residential property referenced in this subsection shall not include property in which the institutional use seeking the waiver has any ownership or other financial interest. (ii) This waiver does not exempt the site from requirements of the Forest and Tree Preservation Ordinance of the City Code.

Staff Response: The request is not being made pursuant to this criterion.

In identifying that compliance with the buffering and screening requirements cannot reasonably be met due to unique site conditions, staff recommends approval of the requested landscape waiver.

Subdivision Waiver (2026-382-WAV)

Section 25.21.18.b (Easements and rights-of-way) of the Ordinance requires, “where a residential subdivision which includes or adjoins an easement or right-of-way for an underground high volume and pressure gas transmission main, the subdivider must provide lots of sufficient size to allow a 50-foot minimum distance between the easement or right-of-way and any proposed dwelling units on the lots.”

As previously mentioned, a 92-foot wide Transcontinental Gas Pipeline right-of-way is located in the southeast portion of the Property (the “Easement”). While the Zoning Ordinance does not define an “underground high volume and pressure gas transmission main” the subject right-of-way accommodates main service lines that feed into the local (in this case, Washington Gas) lines, and thus it is assumed that Section 25.21.18.b is applicable. In order to preserve the proposed number of units on the Property, the Applicant has requested a waiver from the 50-foot minimum distance requirements for these 8 units. As shown below, the units will be located between 6 feet and 45 feet from the Easement.

Section 25.21.07 of the Ordinance provides for waivers from subdivision requirements if meeting certain findings. The required waiver findings are stated below:

“If the Planning Commission finds that undue hardship will result from strict compliance with any requirement of this chapter, it may grant a waiver or modification from such requirement so that substantial justice may be done if the public health, safety, aesthetics, or general welfare will not be impaired and the waiver will not be contrary to the intent and purpose of the plan or this chapter.”

The Applicant has provided justification for the requested waiver (See Attachment #9: Subdivision Waiver). The justification provides background on both the history and terms of the Easement.

Figure 4: Exhibit showing proposed building setbacks from Easement.

The Applicant asserts that strict compliance with Section 25.21.18.b. would result in the reduction of eight (8) two-over-two residential units, including the elimination of one (1) MPDU.  This reduction represents a 15 percent reduction in the overall number of proposed two-over-two units. This reduction imposes an undue hardship not only on the Applicant, but on the general public, given the stated need for more housing in and throughout the City.

The Applicant also notes that given the Property’s proximity to I-270, the gas lines in the Easement are subject to additional safety measures not typically present in gas transmission lines. To further analyze the easement, the Applicant hired a consultant to survey the easement.

The survey results indicated that the pipelines located within the Easement are encased in a steel wrapping along the entire Property and that it is buried below the earth’s surface at an average depth of 6.71 feet, with a maximum depth of 10.55 feet. The Applicant notes that most transmission lines consist of only the carrier pipes. In contrast, the steel encasing of the pipelines within the Easement on the Property is an atypical situation that is required in this instance by Federal Regulations, given the Property’s proximity to a major highway (I-270). The Applicant notes that Federal Regulations require the steel encasement for the purpose of withstanding certain loads, stress levels and sealing requirements.

The Applicant emphasizes that the depth of the pipelines below the earth surface is an important safety factor given the need to provide adequate protection against accidental damage during land development activities and to protect from external loading.  While the Easement requires a depth of 30 inches, the pipelines within the Easement are located, on average, at a depth that is more than double this requirement.  The significant depth of the pipeline provides further safety assurance.

The Applicant also notes that Easement owners do not require any additional setback from the Easement area and is best evidenced by recent developments in Montgomery County, including the Grove (aka the former PSTA site) wherein a multi-family building is located one foot from the gas line easement and the Montgomery Village Golf Course development where townhouses are located approximately 12 feet from the gas line easement.

To staff’s knowledge, this is the first time that a waiver has been sought from this specific subdivision requirement of Section 25.21.18.b. This requirement appears to have originated with the Zoning Ordinance requirements present in the 1980s and has been carried forward to the current Ordinance. Staff is aware of only one development that may have been subject to such requirement which is the Cambridge Heights townhome subdivision (located southwest of the site just west of MD28 and its intersection with Research Boulevard) which was developed in the early 1990s. It appears such development complied with the required minimum distancing from the same Easement. It should be noted that several residential subdivisions exist within the city where the Easement encroaches onto residential lots. However, it appears that those subdivisions were developed in the 1960’s and 70’s, prior to the subject subdivision requirement.

Given the additional federal requirements and the noted specifications of the pipelines observed with the easement, staff finds that such measures will ensure that the requested waiver of the setback requirement may be safely granted without impairing the public health, safety, aesthetics or general welfare. From the Applicant’s presented information, the Easement owners appear to have established the Easement to provide an adequate width to ensure the maintenance of the pipelines and the safety to the surrounding area without the requirement of additional setbacks for structures beyond the Easement.

Staff also finds that the waiver will not be contrary to the purposes of the Zoning Ordinance. As indicated by the Applicant, the specifications and location of the pipelines have been deliberate to address federal requirements and safety concerns. In approving the waiver, staff finds that the stated purposes included within the Ordinance will be furthered including the following:

•                     Provide for appropriately scaled, designed and sited buildings and other structures that are compatible with the natural and built environment

•                     Promote the City as an inclusive community by facilitating diversity in housing, building design and land use

•                     Secure the public safety

•                     Otherwise protect and promote the health, safety, comfort, convenience, welfare, and happiness of the Rockville community by ensuring the proposed development is properly scaled; the structures are appropriately located; and additional housing and a diversity of housing is provided.

Given the reasoning presented herein, staff recommends approval of the subdivision waiver.

Conditions

Staff recommends approval of Level 2 Site Plan 2026-101-STP and the associated waivers for landscape requirements (2026-293-WAV) and subdivision requirements (2026-382-WAV), based on the findings above and subject to the following conditions:

Development & Zoning

1.                     The proposed development will 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 2026-101-STP.

2.                     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 stamp approved signature set.

3.                     The construction of the public use space as specified on the plans must commence within 30 days of filling in the sediment control trap following notification by the City inspector that the sediment control trap shall be removed. Such work shall be completed prior to the earlier of the issuance of the final occupancy permit or 120 days from the inspector’s approval of the stormwater management best management practices and waterline installation in the public use space, except that the completion of the frontage improvements may be delayed in order to maintain two separate entrances for construction traffic and residential use.

4.                     The proposed development shall incorporate and maintain a perimeter landscaped buffer area consistent with the concept design, graphic conceptual representation, and information shown on the provided Landscape Plan to be approved with the Level 2 Site Plan signature set.

5.                     Prior to occupancy of the noise impacted residential units, the Applicant shall demonstrate compliance with applicable noise regulations in the city including the M-NCPPC Staff Guidelines for the consideration of Transportation Noise Impact in Land Use Planning and Development, as referenced in the city's Environmental Guidelines.

6.                     Prior to the issuance of the first residential building permit, the Applicant/developer/builder must provide certification to CPDS staff from an engineer who specializes in acoustical treatments that:

a) The building shell for the residential dwelling units affected by exterior noise levels projected at or above 65 dBA Ldn, as indicated in the Phase I & II Noise Analysis dated November 25, 2025, will attenuate the projected exterior noise levels to an interior level not to exceed 45 dBA Ldn.

7.                     Before the final inspection for any residential unit, the Applicant must certify to CPDS staff that the noise impacted units have been constructed in accordance with the certification of an engineer that specialized in acoustical treatments.

8.                     If any changes occur to the Site Plan which affect the validity of the noise analysis dated November 25, 2025, measures may be required to reflect the changes, such as acoustical certifications, noise attenuation features, and/or a new noise analysis.

9.                     For all noise impacted residential dwelling units, as indicated in the Phase I & II Noise Analysis dated November 25, 2025, the Applicant/developer/builder must make efforts to inform all prospective purchasers or renters that those units are impacted by transportation noise. Such notification may be accomplished by inclusion of this information and any measures to reduce the impacts in brochures and promotional documents and may also be included in any noise impacted sales contracts, any illustrative site plans(s) on display within any sales related offices(s); in Homeowners Association documents; with all Deeds of Conveyance of noise impacted units; and by inclusion on all signature set site plans.

Forestry

10.                     Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of a Final Forest Conservation Plan (Final FCP).

11.                     The Final FCP must be consistent with the Preliminary Forest Conservation Plan (PFCP) approval. In addition to compliance with applicable codes, the Final FCP must meet the following requirements, unless modified by the Forestry Official:

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 6 feet from wet and dry utilities, except when under streets;

4.                     all trees must be 15 feet from streetlights and 5 feet from driveways;

5.                     all trees must be 5 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.

a.                     Trees planted to meet FTPO requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).

b.                     Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.

12.                     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.

13.                     Before planting new trees, the applicant must show the areas of soil removal and replacement.

14.                     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.

15.                     Any significant modification or revision to the approved Final FCP must be consistent with the Site Plan and submitted to the Forestry Official for review and approval.

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 if required by staff, submit a non-native invasive management plan for review and approval by city staff.

17.                     The applicant shall include a fence (split-rail or other type) along the northern property boundary on the subject property (HOA parcel) to buffer the proposed townhomes from the adjacent forested area (under forest conservation easement) to ensure compatibility with the adjacent property.

DPW - Engineering

18.                     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.

i.                     Sediment Control Permit (SCP) - Submit Erosion and Sediment Control plans for all disturbed areas;

ii.                     Stormwater Management Permit (SMP) - Submit Stormwater Management plans for on-site stormwater management;

iii.                     Public Works Permit (PWK) - Submit plans for all off-site improvements and for work within the proposed public rights-of-way, within the Research Boulevard right-of-way, and within any existing or required public easements. DPW will also review, approve and permit the construction of private improvements through the PWK permit, including collecting applicable fees. 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.

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.

20.                     With the exclusion of the sediment control permit associated with the demolition of the existing building, 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 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.                     Applicant shall execute a Revocable License and Maintenance Agreement for the shared maintenance of Stormwater Management Facilities located within the public right-of-way. The agreement must be executed by the property owner and other parties of interest and submitted for review and approval by DPW and the Office of the City Attorney. The Revocable License and Maintenance Agreement must be authorized by the Mayor and Council and must be recorded in the Montgomery County Land Records prior to DPW issuance of any SMP permit.

24.                     The Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and grant a minimum 1’ Public Improvement Easement (PIE) adjacent to Research Boulevard and proposed public rights-of-way for maintenance of public sidewalks. The PAE and PIE must be reviewed and approved by DPW and in a format acceptable to the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit.

25.                     The Applicant must post sureties in a form approved by the Office of the City Attorney for all permits based on the approved construction estimate. A separate surety is required for private improvements permitted through a PWK. Approval of sureties is coordinated through DPW staff. Sureties for all public infrastructure must be submitted and approved prior to recordation of plats dedicating right-of-way.

26.                     The Record Plat must include:

o                     Additional dedication of right-of-way (by the Applicant) for improvements to the east side of Research Boulevard;

o                     Dedication of rights-of-way and easements per the approved street sections;

o                     All necessary easements and abandonments.

27.                     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.

28.                     PWK permits must be issued for public infrastructure prior to the issuance of any building permits.

29.                     DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.

30.                     The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated 05/21/2026.

31.                     The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated 05/26/2026.

32.                     The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated 05/21/2026.

33.                     The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated 06/09/2026.

34.                     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.

35.                     The Applicant must obtain all required permits from any agencies and jurisdictions including Maryland Department of the Environment and Maryland State Highway Administration as applicable and for any work within their easements or public right of way.

DPW - Traffic & Transportation

36.                     All internal traffic control devices (i.e. signs, marking and devices placed on, over or adjacent to a roadway or walkway) to regulate, warn or guide pedestrians and/or vehicular traffic shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The final signing and pavement marking plans shall be approved by the Chief, Traffic and Transportation Division, and shall be included in the Signature set.

37.                     The applicant shall pay the County's Development Impact Tax, as applicable and per Montgomery County’s payment schedule, and subject to the credits allowed by Montgomery County. The applicant shall 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.

38.                     Prior to the issuance of any occupancy permit, the applicant shall provide the required short-term and long-term bicycle parking, as indicated on the signature set and in accordance with the rates and standards specified in the Zoning Ordinance.

39.                     The proposed plan is an application for Change of Use. Since the application is taking credits for existing use peak hour trips that were vested prior to the approval of the current CTR, unless the applicant can provide proof of required Transportation Improvement Fee (TIF) payments for any prior uses, the Applicant shall pay the reduced City’s Transportation Improvement Fee for Change of Use and as specified in the Comprehensive Transportation Review (CTR).

40.                     Prior to issuance of any occupancy permit, the applicant must construct all required improvements in proximity to that phase of the development, including but not limited to street trees, streetlights, streetlight conduit, pavement widths, sidewalks, signs and traffic signals in accordance with all applicable city standards, or the standards of the jurisdiction of the adjacent right of way.

41.                     The applicant shall install light-emitting diode (LED) streetlight fixtures within the proposed development. Streetlight materials and locations of lights shall be approved with the issuance of the Public Works permit. All conduit and underground infrastructure shall be specified according to the current Pepco and/or City standards and shall be approved by Pepco prior to the issuance of the Public Works permit.

42.                     The construction of the 10’ wide shared use path along the frontage of the Property must commence within 30 days of filling in the sediment control trap following notification by the City inspector that the sediment control trap shall be removed. Such work shall be completed prior to the earlier of the issuance of the final occupancy permit or 120 days from the inspector’s approval of the stormwater management best management practices and waterline installation in the public use space, except that the completion of the frontage improvements may be delayed in order to maintain two separate entrances for construction traffic and residential use.

43.                     The applicant shall strive to maintain existing bus stops adjacent to the site during the construction phase of this site plan. The proposed relocation of the existing bus stop near the proposed southern must be fully reconstructed with the same amenities and be coordinated with the Montgomery County Division of Transit Services before the issuance of the Public Works Permit. Montgomery County Division of Transit Services may be contacted at 240-777-5800.

Housing

44.                     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.

45.                     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 approved by the Mayor and Council and by the City Attorney, pursuant to City Code Chapter 13.5.

Publicly Accessible Art in Private Development

46.                     Chapter 4. Article IV Publicly Accessible Art in Private Development (AIPD) applies. The current required fee schedule is in the Implementation Manual, accessed at <https://www.rockvillemd.gov/services/arts-and-culture-program/>. This webpage also has the Program Guidelines and AIPD Application. The applicant is advised to read these documents.

47.                     The applicant must have their AIPD application approved prior to issuance of a building permit.

48.                     The applicant must indicate in their response how they intend to fulfill the required contribution. If the option to install art on site is selected, the location of the artwork must be included in the site or project plan before the plans are approved.

49.                     Per city code (Chapter 4. Article IV), if the applicant selects to install art on site:

i.                     The AIPD Application must include a concept plan and accompanying documents specified in the Implementation Manual and Guidelines.

ii.                     The artwork must be installed and approved prior to issuance of an occupancy permit for the three sticks of townhouses fronting Research Boulevard. An agreement shall be executed and a bond posted by the applicant prior to the issuance of the occupancy permit for any art to be installed subsequent to the issuance of the occupancy permit.

iii.                     The applicant will need to schedule a meeting with Anne O'Dell, Arts and Culture Program Manager, and meet to discuss how they will apply the required contribution before they submit their AIPD application.

iv.                     Additional permits may be required depending on the public artwork and site selected for installation.