Subject
title
Authorization for the City Manager to Release and Extinguish Three Existing Storm Drain Easements, and to Approve Three New Storm Drain Easements and One License and Maintenance Agreement for Stormwater Management, on Lots 6-8, Shady Grove Neighborhood Center.
end
Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to release and extinguish three existing storm drain easements, and to approve three new storm drain easements and one license and maintenance agreement for stormwater management between the Mayor and Council of Rockville and BXP, Inc. in conjunction with the redevelopment at Lots 6-8, Shady Grove Neighborhood Center.
Discussion
This item seeks Mayor and Council authorization for the City Manager to execute on its behalf the following easements and agreements associated with the Shady Grove Neighborhood Center redevelopment:
1) Extinguishment and Release of Three Storm Drain Easements
2) Grant of Three Storm Drain Easements
3) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
A Project Plan (PJT2017-00007) for the proposed mixed-use development of up to 330 townhouse units, up to 1,036 apartment units, up to 390,000 square feet of commercial and office use, up to 170,000 square feet of retail use and a neighborhood park was approved by the Mayor and Council at its meeting of April 29,2019. A Level II Site Plan (STP2020-00393) to implement the Project Plan was approved by the Planning Commission at its meeting of December 31, 2018.
The Applicant, BXP, Inc. is required to provide easements and a License and Maintenance Agreement, and to subsequently obtain Public Works approvals and permits in accordance with the Project Plan and Site Plan approvals.
Extinguishment and Release of Storm Drain Easements
This item authorizes the City Manager to execute the release and extinguishment of existing storm drain easements as shown on Plat No. 8640 for the subject property. The existing easements will no longer be necessary because the portion of existing public storm drain main and appurtenances on the subject property will be removed to accommodate the proposed site redevelopment.
The Applicant will dedicate new rights-of-way and record a new Storm Drain Easement for the proposed public storm drain infrastructure in accordance with the requirements of City’s Sediment Control and Stormwater Management Chapter 19 and Streets, Roads, Rights-Of-Way and Public Improvement Chapter 21. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 2, “Termination and Release of Storm Drain Easement.”
Grant of Storm Drain Easements
This item authorizes the City Manager to execute three Storm Drain Easements for all public storm drains in areas not dedicated as rights-of-way (ROW). The developer is required to provide public storm drains and obtain Public Works approval and permits in accordance with the City’s Sediment Control and Stormwater Management Chapter 19, and Streets, Roads, Rights-Of-Way and Public Improvement Chapter 21.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned storm drain infrastructure. The location of the proposed easements are shown in Attachment 3. The draft documents are provided in Attachment 4, “Grant of Storm Drain Easements.”
License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for private stormwater management (SWM) facilities proposed within public right-of-way (ROW). The Applicant proposes to install nine environmental site design (ESD) micro-bioretention facilities within the proposed public ROW to mitigate the stormwater quality impacts to Watts Branch from the redevelopment. The locations of the proposed SWM facilities are shown on Attachment 5. The draft document is provided in Attachment 6, “License and Maintenance Agreement - SWM Facilities in ROW.”
In accordance with the project’s SWM Concept and Site Plan, private SWM facilities are proposed in the public ROW because other on-site SWM measures were precluded within this urban setting due to lack of available land. There are many micro-scale ESD facilities spread throughout the development to help mitigate the impacts to receiving streams by filtering the stormwater and promoting the “uptake” of nutrients by landscaped vegetation.
The Applicant and its successors and assigns, which will ultimately be the homeowner’s association, will partially maintain the ESD SWM facilities because they provide SWM for both private and public areas. The maintenance of specific features of the SWM facilities will be included in the agreement. A significant component of the ESD maintenance is maintaining the landscaping for both function and aesthetic.
Permission to locate the ESD SWM facilities in the public ROW and the terms for their maintenance require a license and maintenance agreement between BXP, Inc. and the City. The Planning Commission approval of this development plan is conditioned on recordation of this License and Maintenance Agreement in the Land Records of Montgomery County.
Mayor and Council History
This is the first time this item has been brought before the Mayor and Council.
Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the following listed documents in a form substantially similar to the draft documents attached to this agenda and as approved by the City Attorney:
1) Termination and Release of three Storm Drain Easements
2) Grant of three Storm Drain Easements
3) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
The documents will be recorded in the Land Records of Montgomery County prior to issuance of associated Public Works permits.