Subject
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Level 2 Site Plan Application STP2024-00493, Rockshire, to Permit Construction of 60 Residential Units, up to 5,200 Square Feet of Commercial and Office Use, and a Neighborhood Park, and to request a Waiver from the Landscaping, Screening, and Lighting Manual at 2401 Wootton Parkway in the PD-RS (Planned Development - Rockshire) Zone; EYA Development, LLC., Applicant
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Department
CPDS - Development Review
Recommendation
Staff recommends approval of Level 2 Site Plan Application STP2024-00493 and approval of the Landscape Waiver, based on the findings and conditions of approval contained in this report.
Case: Rockshire - Level 2 Site Plan STP2024-00493
Location: 2401 Wootton Parkway
Staff: Nelson Ortiz, Principal Planner
Community Planning and Development Services
240.314.8227
nortiz@rockvillemd.gov <mailto:nortiz@rockvillemd.gov>
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Applicant: EYA Development, LLC. |
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Filing Date: June 5, 2024
Meeting
Date: October 23, 2024
EYA Development, LLC. (the “Applicant”) has filed a Level 2 Site Plan application to implement Project Plan PJT2024-00017, which authorized construction of a total of 60 dwelling units, including 31 single-unit detached dwellings and 29 townhouses, up to 5,200 square feet of commercial and office use, and a neighborhood park at 2401 Wootton Parkway (the “Project”).
In connection with this Level 2 Site Plan application, the Applicant seeks waivers from Section 4.d.2(a) of the Landscaping, Screening, and Lighting Manual requiring certain perimeter landscaping for parking facilities adjoining a public right-of-way.
The Planning Commission’s role is to conduct a review of the application at a public meeting and decide on the proposed site plan, as outlined in Section 25.07.01.a.3(b) of the Zoning Ordinance.
After a comprehensive review of the application, staff has found the application in compliance with all relevant City codes and policies. Based on the review, and as described in the proposed findings and recommended conditions, staff recommends approval of the site plan.
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Location: |
2401 Wootton Parkway (the “Property) |
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Planning Area: Land Use Designation: |
Planning Area 14 - Rockshire and Fallsmead RF - Residential Flexible |
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Zoning District: |
PD-RS (Planned Development - Rockshire) with MXNC (Mixed-Use Neighborhood Commercial) Equivalent Zone |
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Existing Use: |
Vacant Shopping Center (51,862 square feet) |
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Proposed Use: |
31 single-family detached dwellings, 29 townhouses, up to 5,200 square feet of commercial/office, and a neighborhood park |
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Site Area: |
7.32 acres (318,968 square feet) |
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Building Height: |
45 feet maximum |
Surrounding Land Use and Zoning
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Location |
Zoning |
Planned Land Use |
Existing Use |
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North |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
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East |
PD - RS (Planned Development - Rockshire) |
I - Private Institution and OSP - Open Space Private |
Korean Presbyterian Church and Rockshire Community Pool |
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South |
PD - RS (Planned Development - Rockshire) |
RA - Residential Attached |
Townhouses |
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West |
PD - RS (Planned Development - Rockshire) |
RD - Residential Detached |
Single-family detached |
Figure 1. Parcel Map
The site is identified as Parcel A of the Rockshire Village Center Plat and is located at the southeastern corner of Wootton Parkway and Hurley Avenue, approximately 600 feet north of Thomas S. Wootton High School. The site’s frontage along Wootton Parkway is approximately 610 feet, and the Hurley Avenue frontage is approximately 545 feet. The Property is within the PD-RS (Planned Development - Rockshire) Zone, has an equivalent zone of MXNC (Mixed-Use Neighborhood Commercial) and is subject to the Rockshire Planned Development governing documents.
The site is currently improved with a one-story, 51,862 square-foot shopping center constructed in the 1970s and a large impervious surface parking lot. Although the shopping center has been vacant for several years and has been fenced off, the parking lot is used by the patrons of the Korean Presbyterian Church as well as members of the Rockshire Homeowners Association who share spaces pursuant to a recorded license agreement, L.4957 F.697 (See “Rockshire License Agreement” attachment). Large mature trees and plantings line the Wootton Parkway and Hurley Avenue frontages. The site is mostly flat except for a landscape berm along Hurley Avenue and a portion of Wootton Parkway.
The Applicant proposes to raze the existing shopping center and redevelop the property as a mixed-use development consisting of 31 single-unit detached dwellings, 29 townhouses, up to 5,200 square feet of neighborhood-serving retail and office, and a neighborhood park. Fifteen percent of the residential units, nine (9) townhouses, are proposed to be moderately priced as required by the City’s Moderately Priced Dwelling Unit (“MPDU”) Ordinance.
Figure 2. Site Plan
The single-unit detached dwellings are located at the northern end of the development and will front Hurley Avenue and open space mews. The single-unit dwellings will be two stories and have an attic level, a basement level, and a rear-loaded garage. The dwelling will have a height of approximately 38 feet. The MPDU townhouses will be four stories tall, and the market rate townhouses will be three stories tall (with an optional fourth story) and have a maximum height of 45 feet. The townhouses are rear-loaded and front open space mews. Two different townhouse widths are proposed - 20’ and 14’.
The proposed commercial and office use building will front proposed Public Street B and provide an opportunity for neighborhood-serving retail, small-scale restaurants with outdoor seating and/or office space. The conceptual floor plan of the building shows four tenant spaces as well as loading, refuse, fire sprinkler and service areas contained within the building.
Approximately 36.2% (95,821 square feet) of the subject property will remain as open space, of which 7.6% (20,298 square feet) will function as public use space. The public use space is proposed primarily as a neighborhood park featuring a terraced garden; a nature-inspired playground with opportunities for slides, rock scrambles, and seating; a boardwalk; and a multi-use park/plaza and retail promenade which provide a strong link to the retail center. The retail center and neighborhood park collectively represent the community gathering space component of the Project recommended in the Rockville 2040 Comprehensive Plan on page 377.
A small parking lot intended to serve the Rockshire Community Pool during the summer swim season and when the community room is in use, is located at the southeast corner of the site. Specifically, 30 out of the 39 parking spaces will be reserved in accordance with the Rockshire Association License Agreement, as may be amended. The Applicant states that outside of the stipulated times, 30 parking spaces may be available for this mixed-use development for visitor or retail parking.
Access to the development is proposed from both Wootton Parkway and Hurley Avenue. The Applicant proposes two public streets, Public Streets A and B. These two new public streets, together with private alleys, will provide internal circulation and access to individual residences.
Master Plan
This Project falls within Planning Area 14 (Rockshire and Fallsmead) of the Rockville 2040 Comprehensive Plan (“Plan”), and the site is identified as Focus Area 1. The Land Use designation applied to the site is RF - Residential Flexible. The definition of RF in the Plan is that it “…includes a mix of townhouses/rowhouses and apartment buildings, as well as detached houses. It is applied to sites where the mix of allowed residential types is flexible and to be finalized during the development review. Small-scale commercial uses are an included option if integrated into the residential development.” Staff finds that the development proposal is compatible with the Plan. Specific compatibilities include:
• “The Rockshire Village Center property is planned for a mix of residential housing types with the potential for small-scale commercial uses under the RF (Residential Flexible) land use designation. Any new housing development should include neighborhood-serving retail space and/or provide a significant gathering space that would be an asset to the broader community beyond the site” (page 378). The Applicant is proposing a mix of housing types, small-scale commercial uses, and a community gathering space.
• “Amend the approved planned development for the property to allow residential uses (preferably single-unit detached homes or attached townhouses/row houses) if the proposed residential development includes neighborhood-serving retail and/or community gathering space” (page 378). The Applicant is proposing both detached single-unit and townhouse housing types and is also proposing neighborhood-serving retail.
• “Any new development at the Rockshire Village Center site should blend well with adjacent housing in terms of scale, massing, and height. Building heights adjacent to and close to existing housing should complement existing conditions. Building heights may be slightly taller along Wootton Parkway, along the perimeter shared with the church, and within the interior of the site. Retail uses should have good visibility and/or visible signage from Wootton Parkway. Parking for the Rockshire HOA swimming pool must be provided in close proximity to the path connecting the site with the pool” (page 379). The Applicant is proposing housing styles and designs that blend with the neighboring community and fall below the maximum height allowed of 45 feet. Additionally, the Applicant is providing parking for the Rockshire HOA swimming pool as a part of this development.
Conditional Use
Single-unit detached dwellings are permitted in the MXNC zone as a conditional use subject to the requirements of Section 25.13.04.a. of the Zoning Ordinance.
Section 25.13.04.a - Residential. Where residential uses are permitted as conditional uses in a mixed-use zone, other than the MXC zone, they are only allowed in those areas of the zone recommended for such use in the plan. The Planning Commission in approving such conditional uses shall establish such development standards as deemed necessary to render such uses suitable and compatible with the surrounding uses and in accordance with the intent of the plan.
The Plan recommends a mix of residential housing types, including single-unit detached dwellings, on the Rockshire Village Center site. The proposed single-unit detached dwellings will be compatible with existing single-unit detached dwellings in the area in terms of scale and design.
Adequate Public Facilities Standards
In their review of Project Plan Application PJT2023-00017, the Mayor and Council found that the proposed development complies with the City’s adequate public facilities standards. No further evaluation of adequate public facilities is required with this application.
1. Schools - The property is served by the Thomas S. Wootton Cluster Area (Fallsmead Elementary School, Robert Frost Middle School, and Wootton High School). The development is expected to generate 13 elementary school students, 8 middle school students, and 10 high school students. The school standards of the 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 180-seat capacity deficit in middle schools. The proposed development meets these standards at all three grade levels.
2. Water and Sewer - In a letter dated February 20, 2024 (see ‘Water and Sewer Authorization Letter’ attachment) 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 Applicant will construct a network of water and sanitary sewer infrastructure to serve the development. The Water and Sewer Authorization Approval Letter lists project-specific conditions of approval.
3. Traffic/Transportation - The proposed redevelopment is expected to generate significantly fewer peak hour trips (66 AM and 135 PM) than the vested trips associated with the vacant grocery retail space (149 AM and 297 PM). Based on the above, the results of a detailed traffic analysis, speed study, and pedestrian access and safety study, which were conducted by the Applicant’s traffic consultant per staff’s request, the proposed redevelopment will not have a detrimental impact on the surrounding transportation network provided all planned and reviewed transportation and access related facilities are implemented, as shown on the site plan and other improvements and requirements outlined in the conditions.
Landscaping, Screening, and Lighting Manual Waiver Request
The Applicant has applied to waive certain requirements of the Landscaping, Screening, and Lighting Manual. Section 4.d.2(a) of the Manual requires a ten-foot-wide landscaping strip for parking facilities adjacent to public right of ways. The Applicant, pursuant to Section 4.d.3(c) of the Manual, seeks a waiver from this provision and has submitted a letter of justification (see ‘Landscape Waiver’ attachment).
Figure 3. Waiver Exhibit
The approximate locations of the reduced landscape buffer are depicted in the graphic above, as outlined with bold, red lines. The first buffer is immediately south of the proposed commercial parking area. This buffer will be approximately 8.3’ wide, not meeting the minimum 10’ width nor the minimum planting requirements due to the necessary stormwater management facilities immediately abutting the parking.
The second area is west of the large parking lot containing spaces allocated for community pool use. The buffer is approximately 6.4’ wide, not meeting the minimum 10’ width. The decreased buffer width is necessary to accommodate the existing parking facility as well as new stormwater management infrastructure to the east of the parking facility.
Staff finds the request meets the intent of the Landscape, Screening, and Lighting Manual, consistent with the findings articulated in the letter of justification provided by the Applicant. Staff supports the request for waiver and recommends its approval.
Forestry
This project must meet all requirements of Chapter 10.5, the City’s Forest and Tree Preservation Ordinance in addition to any additional City or State requirements.
As noted in the site description, the property is "occupied by an abandoned commercial building and surrounding surface parking." The interior of the site is heavily paved, accommodating few existing trees. The property does have a relic landscape berm that extends the frontage along Hurley Avenue and much of Wootton Parkway. Most of the on-site trees are located within this area.
The City approved a Natural Resource Inventory/Forest Stand Delineation (see ‘NRI-FSD’ attachment) on December 29, 2022 (FTP #2022-00007). The NRI/FSD delineated 0.70 acres of onsite forest. The approved NRI/FSD identifies a total of 37 on-site, significant trees. A significant tree is defined as a tree with a Diameter at Breast Height (DBH) of 12" or greater, when located outside a forest, or 24" or greater, when located inside a forest. A forest is defined as "a continuous biological community dominated by trees and other woody plants covering a land area of 5,000 square feet or greater." Based on this definition, staff delineated .70-acres of forest, on-site, within the landscape berm.
The Preliminary Forest Conservation Plan (see ‘PFCP’ attachment) was approved on April 22, 2024, it details the removal of the forested area, which results in a reforestation requirement of 2.10 acres. The PFCP yields an additional .40-acre afforestation requirement. That results in a total planting requirement of 2.50 acres, or 108,900 square feet. While the PFCP accounts for the entire .70-acre forest removal, the Applicant will be preserving an approximate .11-acre swath at the corner of Wootton and Hurley.
In addition to the forest conservation requirements (met via plantings, preservation, and fee-in-lieu per the approved PFCP), the Applicant is planting a total of 59 replacement trees (shade trees) to offset the removal of 36 significant on-site trees. The trees proposed for removal vary in size from 12" DBH to 26" DBH. Replacement trees must be planted at 2.5" caliper. The Applicant is also proposing to remove 15 street trees within the Hurley Avenue right of way. The Applicant is proposing to plant back 16 trees within the Hurley Avenue right of way.
Furthermore, the Applicant is proposing to plant 120 lot trees, to meet the requirements of Chapter 25.21.21. The lot trees consist of shade trees, small evergreen trees, and ornamental trees. All lot trees are required to be native species.
In summary, the Applicant is proposing to plant a total of 355 trees of varying species and size on the site. The Applicant’s final forest conservation plan, currently under review, is anticipated to be approved on the next submission.
Traffic and Transportation
The Project will be served by two (2) curb cuts, one (1) on Hurley Avenue and one (1) on Wootton Parkway, consistent with existing conditions but with minor adjustments. The existing access to Wootton Parkway which is currently signalized will be improved with additional traffic signal equipment upgrades and additional geometric improvements, including provisions for high visibility crosswalks on the eastern and southern legs and a wider pedestrian refugee area in the median. The existing access driveway to Hurley Avenue will be shifted approximately 150 feet in the southwest direction. In addition to the required off-street and on-street visitor parking, the project includes a designated parking area with 30 parking spaces reserved for Rockshire HOA Community Center/Pool.
The site is served by a robust pedestrian network that connects the site to the surrounding community and nearby destinations. Most roadways within a quarter-mile radius provide sidewalks, crosswalks and curb ramps. The Project will complement the existing pedestrian network by adding new internal sidewalks, providing pedestrian connections throughout the development and to public sidewalks. The proposed sidewalks will satisfy City of Rockville guidelines and ADA requirements, providing an improved internal pedestrian environment.
The site has access to several bicycle facilities, including the Carl Henn Millennium Trail, and a signed shared roadway along Hurley Avenue. The Carl Henn Millennium Trail runs in a loop around the City of Rockville, connecting various other bicycle facilities. The signed shared roadway on Hurley Avenue connects the site to Wootton’s Mill Park. As part of the Project, additional pedestrian connections to the Millennium Trail and sharrow markings along the Hurley Avenue frontage on the northeastern travel lane adjacent to the property will be provided.
The site is well served by local and regional transit services. The Montgomery County Ride On bus systems provides local transit service adjacent to the site. Three (3) Montgomery County Ride On routes (Route 45, Route 56, and Route 301) service the site, providing connections to Metrorail and other destinations. Additionally, the site is under three (3) miles from the Rockville Metrorail, MARC, and Amtrak station.
The results of detailed intersection capacity analyses that were performed for the existing and projected total future traffic conditions at the key intersections during the morning and afternoon peak hours are presented in table below:
Table 1: Summary of Existing and Total Future Conditions Intersection Capacity Results
As shown, all study intersections are operating and will continue to operate well within the City’s established level of service thresholds. Staff finds that the trips generated by the proposed redevelopment can be adequately accommodated by the existing and/or programmed transportation infrastructure.
The submitted transportation report included a Pedestrian safety study for the Wootton Parkway and site driveway intersection that evaluated the adequacy of pedestrian crossing time/distance, pedestrian delay and prior accidents investigation. A speed study for two (2) locations along Wootton Parkway and near the site entrance was also conducted. These studies showed no additional enhancement measures are warranted, besides those already included in the revised plans and/or included as part of staff recommended approval conditions.
Notifications of the Level 2 Site Plan application were made consistent with City Code requirements. The Applicant held an in-person post-application area meeting on July 16, 2024. Community members in attendance were provided an opportunity to comment and ask questions during the meeting. Following are some of the questions from attendees and answers provided by the Applicant:
1. Will there be cut-through traffic through the property?
Applicant response: Proposed streets will be public and cut-through traffic could be similar to what occurs today; however, stop signs will be located at certain points which will slow traffic and potentially deter some cut-through traffic.
2. Will Wootton High School students be able to park on the property?
Applicant response: The parking lots will be private and the new HOA or the Rockshire HOA will be responsible for providing parking enforcement. Proposed Streets A and B will be public and technically available for students to park.
3. Will the Rockshire community pool members be able to use the parking spaces onsite?
Applicant response: 30 spaces will be reserved for pool members per the parking agreement. On-street parking, if available, can be used as additional pool parking.
4. When will construction begin?
Applicant response: Construction will begin summer of 2025 after the site plan approval and closing on the property.
5. How long will construction take?
Applicant response: Five units are built per month so the single-family houses will take up to one year. Including construction of the townhouses, the project will take about 2.5 years. The construction of the retail building will take between 1 - 1.5 years.
6. What will be the typical times of construction?
Applicant response: 7 AM to 7 PM during the week. 8 AM to 5 PM on Saturdays. If construction is needed on Sundays, hours are further reduced.
As of the date of this report, staff has received two emails from the public requesting information and expressing concerns about the Project. See the “Public Testimony” attachment.
In accordance with Section 25.07.01.a.3(b) of the Zoning Ordinance, a site plan that implements all or a portion of an approved project plan is deemed to meet the findings of approval so long as the site plan complies with the conditions and requirements of the approved project plan and where the application will not:
1. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood;
The Project will replace a vacant 51,862 square-foot shopping center building and underutilized site with a vibrant mixed-use development that includes 60 dwelling units, including nine MPDUs. The Project will contribute to increasing the City’s housing supply. The Applicant will incorporate design that is sensitive to the surrounding neighborhood and compatible with the existing residential developments within the Rockshire PD. The Applicant is providing a centrally located neighborhood park, which together with the commercial/office building, will act as the community gathering space as envisioned in the Plan. The community gathering space will be for the enjoyment of future and current Rockshire residents. The Project complies with all applicable ordinances that ensure the public welfare. Additionally, the Project received unanimous approval from the Mayor and Council in which they found the Project Plan compliant with the City’s adequate public facilities standards.
Water and Sewer will be provided to the development consistent with the Water and Sewer Authorization letter dated February 20, 2024 (see ‘Water and Sewer Authorization Letter’ attachment).
Stormwater Management (SWM) for this Project will be provided in compliance with the Development SWM Concept Approval Letter dated October 11, 2024 (see ‘SWM Concept Letter’ attachment). 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 underground structure facilities and Environmental Site Design (ESD) measures including onsite and roadside planter box micro-bioretention facilities. DPW reviewed and approved the adequacy of the existing downstream public storm drainage system in a Safe Conveyance Study Approval Letter dated October 11, 2024(see ‘Safe Conveyance Letter’ attachment). Staff has determined the storm drainage system to have sufficient capacity to convey the proposed 10-year runoff from this Project and thus would not be subject to deficiency mitigation as a result of the development. Erosion and Sediment Control for this Project will be provided in compliance with the Preliminary Erosion and Sediment Control Approval Letter dated October 11, 2024 (see ‘Erosion and Sediment Control Letter’ attachment).
2. Constitute a violation of any provision of the Zoning Ordinance 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 Applicant received approvals from Mayor and Council for a setback waiver from the MXNC equivalent zone standards and a parking waiver, and the Applicant is complying with the remaining development standards as shown below.
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MXNC Development Standards (Sec 25.13.05) |
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Maximum Height |
Min. Public Use Space |
Min. Open Area |
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Allowed / Required |
45 Feet |
5% |
10% |
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Proposed |
35 feet |
7.6% |
36.2% |
The proposed land uses are compatible with the uses identified in the land use table in the Zoning Ordinance for the MXNC Zone and is also consistent with the Comprehensive Plan. The requirements under Sections 25.13.06 (Additional design guidelines) and 25.13.07.e (Special design regulations for individual mixed-use zones - MXNC) will ensure thoughtful and sensitive design is utilized in this Project.
The Zoning Ordinance requires 10% open space and 5% public use space, and the Applicant has reserved enough land area to comply with this requirement in a prominent, publicly accessible location.
Bicycle parking will be installed in accordance with Section 25.16.03. Four short-term bicycle parking spaces are required to be provided for the commercial/office building and a total of eight will be installed. Two long-term bicycle parking spaces are required to be provided for the commercial/office building and two will be installed.
The Mayor and Council found that the development proposal is compliant with the CTR. The development is not anticipated to increase traffic and instead will result in a net reduction of vehicle trips based on the existing approved shopping center use.
Newly constructed sidewalks and pedestrian elements within the right-of-way will be provided in accordance with applicable codes. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process.
The Applicant will comply with the City’s MPDU Ordinance. Fifteen percent of the units, 9 townhouses, are proposed to be moderately priced. Out of the 9 MPDUs, one unit will be at 50% area median income (AMI), one will be at 60% AMI, and the remaining seven will be at 80% AMI.
3. Be incompatible with the surrounding uses or properties.
The development is attractive, compatible and integrates well with the surrounding neighborhood. The Project consists of 31 single unit detached dwellings and 29 townhouses which will add to the housing stock within the Rockshire PD. Attractive and functional open and public use space is proposed in the form of a neighborhood park, retail promenade, and open space mews. The Project is designed as a walkable mixed-use community and will re-establish retail use that has been absent in the community for many years and desired by many community members.
The Property is currently improved with largely impervious surface: a retail shopping center and accessory surface parking lot. The Project will reduce onsite imperviousness and construct modern stormwater management features to capture and treat nonpoint source pollution as detailed on the Stormwater Management Concept Plan.
Conditions
Staff recommends approval of Level 2 Site Plan STP2024-00493 and approval of the waiver from the Landscaping, Screening, and Lighting Manual, based on the above findings and following conditions of approval:
Development and Zoning
1. The Applicant must comply with all conditions of Project Plan Resolution 09-24 (PJT2024-00017).
2. The Applicant, with the site plan signature set, must coordinate an acceptable response to staff comments and mark-ups provided to them on September 26, 2024.
3. The proposed development will be implemented and constructed in a manner consistent with the concept design, graphic conceptual representation, and all associated development tables included in the site plan signature set for Level 2 Site Plan application STP2024-00493.
4. 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 stamped approved signature set.
5. The public use space in the main park shall be completed and inspected prior to the earlier of the final occupancy of townhomes facing the park or the issuance of the thirtieth (30) building occupancy.
6. The public use space in the mews between Townhome Units 32-38 and 55-60 shall be completed and inspected before occupancy of those units.
7. The public use space around the neighborhood commercial building shall be completed and inspected prior to occupancy of the building.
8. The Applicant shall include for approval with the site plan signature set, a development phasing plan indicating the sequence and timing of construction for the Project.
9. An off-site parking agreement, in accordance with Section 25.16.03.J.1 of the Zoning Code, must be executed and recorded with the Montgomery County Land Records Office prior to plat recordation. The agreement shall be referenced by liber and folio on the recorded plat.
Forestry
10. A tree management plan must be submitted by the Applicant and accepted by the City, including the City Forester, before Final Forest Conservation Plan (FFCP) approval. The management plan must be prepared by a certified arborist and must detail best management practices along property boundaries to minimize impacts to adjacent trees.
11. Proposed street tree species, locations, and quantities are subject to change in the FFCP process, pending City Forester review.
12. Applicant must comply with requirements as outlined in Chapter 25.21.21 of the City Code. Compliance must be detailed at the time of site plan, prior to approval.
13. The Applicant must submit a Final Forest Conservation Plan (FFCP) which meets the minimum requirements approved with the PFCP plan for the proposed site plan.
14. At the time of site plan submission, the Applicant must submit a landscape plan for the subject property consistent with all City ordinances and requirements.
15. Applicant secures release of existing planting easement recorded in the land records per liber folio number L. 16362 F. 762.
16. At the time of signature site plan submission, the Applicant must address all outstanding forestry comments provided on the previous site plan review.
Building Review
17. The Applicant shall secure all required building and/or trades permits for work within the public use areas, including but not limited to play structures, accessible routes not within the public right-of-way, or other site elements not specifically exempted from building permit.
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.
a. Sediment Control Permit (SCP) - Submit Erosion and Sediment Control plans for all disturbed areas;
b. Stormwater Management Permit (SMP) - Submit Stormwater Management plans for on-site stormwater management;
c. Public Works Permit (PWK) - Submit plans for all off-site improvements and for work within the proposed public rights-of-way, within the Hurley Avenue and Wootton Parkway public rights-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. Prior to issuance of any DPW permit and prior to the recordation of a Final Record Plat, the Applicant must submit for review and approval by the Office of the City Attorney all necessary deeds, easements, agreements, dedications, and declarations. Drafts of the documents must be included with the initial submission of the engineering plans and must be recorded prior to issuance of DPW permits, unless otherwise allowed by DPW. All dedicated easements must be referenced on the Final Record Plats.
20. Prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat, the Applicant must secure the termination or abandonment of all existing easements dedicated to the City of Rockville as necessary for the construction of the development, including all easements located in proposed rights-of-way. Termination or abandonment of such easements dedicated to the City of Rockville must be evidenced by recordation of a deed of termination or abandonment in the Montgomery County Land Records. Abandonment or termination of any easement granted to the City must be approved by the Mayor and Council of Rockville, and prior to recordation, any deed of abandonment or termination of an easement granted to the City must be reviewed and approved by DPW and must be in a form approved by the Office of the City Attorney.
21. If the Applicant proposes work within any easements that are held by entities other than the City and that are not proposed to be terminated or abandoned, the Applicant must demonstrate to DPW’s satisfaction that the Applicant has the authority to undertake such work prior to issuance of any DPW permit and prior to the recordation of the Final Record Plat. If required by the terms of any existing easement granted to an entity other than the City of Rockville, Applicant must submit plans for work within the easement to Grantee for review. If Grantee’s permission for such work is required by an existing easement, the Applicant must secure Grantee’s written permission for any proposed development activity within the easement, or the easement must be extinguished, prior to the submission of an application for any DPW permit.
22. Applicant shall execute Revocable License and Maintenance Agreement(s) (LMA) for all private uses and private encroachments, including neighborhood signage, e-scooters, and cluster mailboxes, located within the proposed rights-of-way. The LMA must define the private improvements and uses allowed within the rights-of-way and specify the Applicant’s obligations to maintain the private improvements. The LMA must be executed by the property owner and other parties of interest and be submitted for review and approval by DPW and the Office of the City Attorney. The LMA must be authorized by Mayor and Council prior to DPW issuance of any PWK 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. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained alleys and grant a 1’ Public Improvement Easement (PIE) adjacent to the public rights-of-way for maintenance of public sidewalks, excepting and excluding the area adjacent to the south side of the east/west public street abutting the project boundary line. 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. 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 rights-of-way to the City
27. PWK permits must be issued for public infrastructure prior to the issuance of any building permits.
28. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
29. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated October 11, 2024.
30. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated October 11, 2024.
31. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated October 11, 2024.
32. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated February 20, 2024.
33. 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.
Housing
34. The Applicant is providing 9 MPDU units, (7 Units at 80% of AMI, 1 Unit at 60% of AMI and 1 Unit at 50% of AMI).
35. 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.
36. The exterior finishes of MPDUs must be indistinguishable from market-rate units.
37. The minimum square footage for an MPDU townhouse with three (3) bedrooms and two (2) bathrooms must be 1,200 square feet.
38. 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.
39. Any revisions to the MPDU locations will be subject to the approval of the Planning Commission
Publicly Accessible Art in Private Development
40. The Publicly Accessible Art in Private Development requirement applies to this Project. Prior to issuance of a building permit, Applicant must complete and provide an application and required attachments including a final plan. The Publicly Accessible Art in Private Development application, implementation manual, and ordinance can be found here: <https://www.rockvillemd.gov/2081/Publicly-Accessible-Art>