Subject
title
Final Record Plat Application PLT2025-00643, to Resubdivide Lot 2, Block A of the City Center Subdivision as Lot 3, Block A to Allow for Redevelopment and Dedication of Public Right-of-Way; Located in the MXNC (Mixed-Use Neighborhood Commercial) Zone at 622 Hungerford Drive
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Department
CPDS - Development Review
Recommendation
Staff recommend approval of Final Record Plat Application PLT2025-00643, based upon compliance with the Zoning Ordinance and subject to the conditions outlined within this staff report.
Case: Final Record Plat Application PLT2025-00643
Location: 622 Hungerford Drive
Staff: Chris Davis, Senior Planner
Community Planning and Development Services
cdavis@rockvillemd.gov
Applicant: Toll Mid-Atlantic LP Company
6731 Columbia Gateway Drive, Suite 120
Columbia, MD 21046
Filing Date: June 30, 2025
Planning
Commission Date: September 24, 2025
Toll Mid-Atlantic LP Company (“Applicant”) proposes to resubdivide Record Lot 2, Block A, of the City Center subdivision into Lot 3, to accommodate the construction of a 48-unit two-over-two residential condominium development as authorized by approved Site Plan STP2024-00490.
The Zoning Ordinance defines a Final Record Plat as:
A map that illustrates a metes and bounds description of the property into a system of lot and block numbering, the naming of the tract (subdivision name), and the assignment of a plat number when recorded among the Land Records of Montgomery County, Maryland.
Pursuant to Section 25.21.11.g of the Zoning Ordinance, the Planning Commission is the Approving Authority for Final Record Plats. The approval and recordation of a Final Record Plat creates record lots, which are then deemed buildable lots per the Zoning Ordinance.
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Location: |
622 Hungerford Drive (“Property”) |
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Planning Area: Land Use Designation: |
Planning Area 1 - Rockville Town Center OCRM - Office Commercial Residential Mix |
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Zoning District: |
MXNC (Mixed-Use Neighborhood Commercial) |
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Plat Area: |
93,918 square feet (2.15 acres) |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
MXNC |
OCRM - Office, Commercial and Residential Mix |
Commercial |
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East |
MXNC |
OCRM - Office, Commercial and Residential Mix |
Commercial (Retail) |
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South |
MXNC (Mixed-Use Neighborhood Commercial) |
CI (Civic and Public Institutional) |
Institutional (Post Office) |
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West |
RMD-25 (Residential Medium Density) |
RA (Residential Attached) |
Residential (Townhomes) |
Site Analysis
The Property is zoned Mixed Use Neighborhood Commercial (MXNC) and is located at the northwest corner of the intersection Hungerford Drive (MD 355) and North Washington Street. The existing lot is approximately 2.15 acres in size and measures approximately 330 feet wide by 250 feet deep and is generally square in shape. The Property is currently occupied by two rows of vacant commercial office townhouses that are 25,281 square feet above grade area according to SDAT. The office townhouse buildings are situated toward the eastern side of the Property and are surrounded by a surface parking lot.
The Applicant has filed this Final Record Plat application to implement Level 2 Site Plan application STP2024-00490. The Applicant intends to redefine the existing record lot as Lot 3, maintaining similar dimensions as the current Lot 2. The Applicant intends to dedicate 755 square feet for right-of-way abutting Hungerford Drive (MD 355) to public use as well as reflect the removal of existing easements to redevelop the site. The new record Lot 3 will support 48 two-over-two condominium units, arranged in three rows of townhouse-style buildings. The units will be served by a private loop driveway within a public access easement. New easements for infrastructure such as utilities and stormwater management are also reflected on the plat and will be recorded through formal land records following recordation of the subject plat. The Level 2 Site Plan was reviewed and conditionally approved by the Planning Commission in February 2025.
Comprehensive Plan
The proposal to construct 48-two-over-two condominium units on the subject Property is compliant with the City’s Comprehensive Plan. The Property is located within Planning Area 1. The Property is not identified by the Plan as a Focus Area or location of any proposed City project. However, the project does forward the general policy recommendation for the planning area to “increase the number of residents and housing density in Town Center, to provide additional housing options for residents across the full range of income levels and to provide additional demand for the commercial uses in this mixed-use environment” (page 263). Several elements of the project are consistent with goals, policies, and actions outlined in the Planning Area 1 chapter of the Comprehensive Plan.
The Plan also designates the land use of the Property to be Office, Commercial and Residential Mix (OCRM), and thus anticipates the possibility of residential development on this property and in the surrounding area and is further permitted by the Property’s MXNC zoning.
Zoning Ordinance Compliance
During the review of the Level 2 Site Plan, staff found the proposal consistent with the Zoning Ordinance. All development standards including height, setback, open area and parking requirements will be met. Furthermore, the proposed building will meet the Zoning Ordinance’s special design regulations of the MXNC Zone.
This Final Record Plat meets the conditions of approval as defined in Section 25.21.02, Final Record Plats, of the Rockville Zoning Ordinance.
Tree Planting
Section 25.21.21 of the Zoning Ordinance requires tree planting in association with subdivision. The Applicant is required to plant trees in association with each newly subdivided residential lot. For this single residential record lot, the applicant is proposing to plant thirty four (34) trees on the site. The plantings exceed the lot tree requirements in Section 25.21.21.
Section 25.21.21 also requires the following:
The subdivider shall plant at least one (1) street tree per forty (40) feet of lot frontage within the public right-of-way or if approved by the Approving Authority, adjacent to the public right-of-way. The species, location, and method of planting shall be approved by the Urban Forester or designated staff.
The proposed subdivision results in approximately 243' of frontage within the public right-of-way. This results in a street tree planting requirement of six (6) trees. The applicant is proposing to plant seven (7) trees within the adjacent public right-of-way.
• At its March 21, 2024 meeting, the Historic District Commission (HDC) reviewed the Property for historic significance and voted to not recommend historic designation of the Property. The Zoning Ordinance requires that the HDC evaluate the site prior to demolition of the existing office townhouse buildings.
• At its February 19, 2025 meeting, the Planning Commission approved Level 2 Site Plan STP2024-00490. The Site Plan approved the redevelopment of the Property for 48 two-over-two residential condominium units and associated improvements.
Public notification of the Final Record Plat was made pursuant to the requirements of Section 25.21.11.d (Notice). Mailed notification was provided to all property owners within 750 feet from the subject property as required by the Zoning Ordinance. At the time of this report, no public testimony or inquiries have been received regarding the Final Record Plat application.
Findings and Recommendation
There are no required findings that need to be made as part of the approval for this Final Record Plat. The plat is in compliance with the approved site plan for the property.
Final Record Plat PLT2025-00643 meets the conditions of approval as defined in Section 25.21.02 - Final Record Plats, of the City of Rockville Zoning Ordinance.
Staff recommends approval of Final Record Plat Application PLT2025-00643, subject to the conditions articulated in this report.
Planning and Zoning
1. The Final Record Plat submission must include the original mylar plat and three mylar copies.
2. The Final Record Plat application shall be submitted in an appropriate electronic format as specified in Section 25.21.10.d of the Zoning Ordinance.
Department of Public Works Engineering
3. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained drive aisles as shown on the proposed site plan. The PAE must be granted by separate document from the Final Record Plat, reviewed and approved by DPW and the Office of the City Attorney and be recorded in the Montgomery County Land Records prior to DPW issuance of any PWK permit.
4. 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 Plat.
5. 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.
6. If the Applicant proposes work within any easements that are held by entities other than the City and that are not proposed to be terminated or abandoned, the Applicant must demonstrate to DPW’s satisfaction that the applicant has the authority to undertake such work prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat.
7. 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.
8. The Record Plat must include:
• Dedication of right-of-way by the Applicant for improvements to the west side of Hungerford Drive;
• All necessary easements and abandonments.
9. Except for permits associated with the demolition of the existing building, no DPW permits will be issued prior to the recordation of the plat(s) dedicating all necessary right-of-way to public use.