Subject
title
Briefing on Project Plan Amendment PJT2025-00023, to Amend the Planned Development for Rockville Center, Inc. to Permit construction of a 12-story multifamily building containing 147 affordable housing units and a parking waiver to provide zero on-site parking spaces located at 41 Maryland Avenue in the PD-RCI (Planned Development - Rockville Center, Inc.) Zone; SCG Development Holdings, LLC, Comstock 41 Maryland LLC, Comstock 44 Maryland LLC, Applicants
end
Department
CPDS - Development Review
Recommendation
Hold the briefing and allow the Applicant an opportunity to present the proposed development project. The Mayor and Council may question the Applicant.
Discussion
Case: PJT2025-00023
Location: 41 - 44 Maryland Avenue
Staff: Christopher Davis, Senior Planner
Community Planning and Development Services
240.314.8201
cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>
Applicant: SCG Development Holdings, LLC, Comstock 41 Maryland, LLC, Comstock 44 Maryland, LLC
Filing Date: April 3, 2025
Briefing
Date: May 19, 2025
Discussion
SCG Development Holdings, LLC along with Comstock 41 Maryland LLC and Comstock 44 Maryland, LLC (collectively known as the “Applicant) has filed a Project Plan application to permit redevelopment of the existing surface parking lot located at 41 Maryland Avenue (the “Property”) into a 12-story multi-family residential building containing a maximum of 147 dwelling units for affordable housing. To allow this project as proposed, an amendment to the Rockville Center Inc., Planned Development (“PD”) is required pursuant to Section 25.14.07 of the Zoning Ordinance. The PD was initially approved by the Planning Commission on April 27, 1994, as Preliminary Development Plan PDP94-00001 with several amendments following in subsequent years.
PD amendments require the filing of a Project Plan application, which may be approved only if the Mayor and Council find that approval of the application will not:
a. Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project;
b. Conflict with the Plan;
c. Overburden existing and programmed public facilities as set forth in Article 20 of the Zoning Ordinance and as provided in the adopted Adequate Public Facilities Standards (APFS);
d. Constitute a violation of any provision of the Zoning Ordinance or other applicable law; or
e. Adversely affect the natural resources or environment of the City or surrounding areas.
In accordance with Section 25.07.07 of the Zoning Ordinance, the Mayor, and Council, and Planning Commission are required to be briefed on the project plan applications. The purpose of this briefing is for the Applicant to inform officials about the proposal, including a project overview and review schedule. During the briefing, the Applicant will be available to answer questions from officials on specific elements of the proposed project. The Planning Commission will have an opportunity to make a recommendation on the application at a future meeting. Should the Mayor and Council ultimately approve the amendment to the PD and Project Plan, the Planning Commission will consider a site plan for the development project at a future meeting.
Site Description
Location: 41 - 44 Maryland Avenue
Planning Area: Planning Area 1 - Town Center
Land Use
Designation: OCRM - Office Commercial Residential Mix
Zoning District: PD-RCI (Planned Development - Rockville Center Inc.) with MXTD (Mixed-Use Transit District) Equivalent Zone
Existing Use: Surface Parking Lot
Proposed Use: 12-story multifamily building with 147 affordable housing dwelling units
Site Area: 0.42 acres (18,150 square feet)
Building Height: 135.25 feet (Maximum 120 feet above the 448’ elevation)
Surrounding Land Use and Zoning
|
|
Zoning |
Planned Land Use |
Existing Use |
|
North |
PD - TS (Planned Development - Town Square) |
CRM - Commercial Residential Mix |
Multifamily Residential & Commercial |
|
East |
PD - RCI (Planned Development - Rockville Center Inc.) |
CRM - Commercial Residential Mix |
Multifamily Residential & Commercial |
|
South |
MXTD (Mixed-Use Transit District) & PARK (Park Zone) |
OCRM - Office Commercial Residential Mix & P - Public Park |
Commercial & Public Park |
|
West |
MXTD (Mixed-Use Transit District) |
OCRM - Office Commercial Residential Mix |
Multifamily Residential |
The Property is identified as Parcel 2-H of the Rockville Town Center subdivision (Plat No. 20464) recorded on June 4, 1997. The Property is approximately 0.42 acres (18,150 square feet) and is located at the southwest corner of Maryland Avenue and East Middle Lane. The Property is a narrow corner lot that is rectangular in shape and mostly flat with a slight upward sloping occurring along its Maryland Avenue frontage. The Property’s frontage along East Middle Lane is approximately 82 feet and the Maryland Avenue frontage is approximately 296 feet. The Property is within the PD-RCI (Planned Development - Rockville Center Inc.) Zone with an equivalent zone of MXTD (Mixed-Use Transit District) and is subject to the Rockville Center Inc., Planned Development governing documents.
The site is currently improved with a privately owned surface parking lot that has existed since the late 1990s and appears to have been used as a parking facility for the town center area during such time. The site immediately abuts the Victoria Condominiums building at 24 Courthouse Square to the west while also abutting the rear of a commercial building to the south at 30 Courthouse Square. A chain-link fence lines the edge of the parking lot with a landscaped area, mature trees, and sidewalks occurring beyond along both frontages.
Project Description
The Applicant is proposing to remove the existing parking lot and redevelop the Property with a 12-story multifamily building that will contain up to 147 dwelling units for affordable housing. The footprint of the proposed building will envelop most of the property while maintaining the existing sidewalks along both its Maryland Avenue and East Middle Lane frontages. The Applicant’s plans show the building’s main access points will be via pedestrian entrances located near the corner of Maryland Avenue and East Middle Lane and accompanied by expansive window openings along the street frontages at the ground level to engage with the abutting pedestrian areas. The Applicant has also indicated that the building will employ a variety of exterior materials and projections to create a structure with dynamic massing and vibrant architectural styling consistent with the urban town center area. The building will be approximately 140 feet tall. Areas for loading and service vehicles will be provided within the building via a curb cut and vehicular driveway along Maryland Avenue at the southern end of the Property.
The proposed development will include residential amenities such as a fitness room, club room, pet spa, bike, and package storage as well as a lobby gathering space. The Applicant also proposes to provide off-site improvements including an accessible ADA curbside parking space and curbside drop-off space along the site’s Maryland Avenue frontage. Approximately 27% (4,920 square feet) of the Property will remain as open space. As the project is proposed entirely for affordable housing, the Applicant proposes not to provide public use space, pursuant to Section 25.17.01 of the Zoning Ordinance.
As the original PD designated the Property for a minimum of 11,260 square feet of commercial space and a minimum of 117 dwelling units, the Applicant also proposes to modify such uses and intensities, to provide the proposed residential development of 147 units. The PD also specified the required massing and heights for the five blocks within the PD and established the 448-foot elevation as a key reference point from which the buildings would be measured. This elevation generally corresponds to the elevation of Promenade Park and the connected pedestrian overpass to the Rockville Metro Station which were key components for open space and pedestrian access within the development at the time of the original approval. The PD designated a maximum height of 100 feet above the 448-foot elevation for the subject property and the Applicant proposes to increase the height to 120 feet above such elevation to allow for flexibility in final engineering of the building. The Applicant has provided a graphic depiction of the proposed elevation of the building height in relation to the 448-foot elevation within their submitted materials (See Attachment #4 - Site Plan).
The Applicant indicates that the proposed affordable units will be available to a range of households with qualified incomes under the Federal Low-Income Housing Tax Credit (LIHTC) and other local housing programs. As part of this application, the Applicant requests modifications to the MPDU Declaration of Covenants encumbering the adjacent 44 Maryland Avenue property to allow for certain existing MPDUs from the 44 Maryland Avenue property to be replaced with certain units included in this project. No new construction or physical modifications are proposed on the 44 Maryland Avenue property as part of this application. Details on the proposed MPDU modifications are provided in the Applicant’s submitted narrative (See Attachment #6 - Project Narrative).
In considering the proposed Project Plan, the Mayor and Council must determine that the application meets certain findings as specified in Section 25.07.01 of the Zoning Ordinance. Further review of this application and compliance with applicable sections of the city code will be included in future reports on this project.
Parking Waiver
As part of this Project Plan application, the Applicant requests a parking waiver pursuant to Section 25.16.03 of the Zoning Ordinance to reduce the required number of parking spaces to zero on-site spaces. The Applicant does not propose any dedicated off-site parking spaces and has provided justification for the parking waiver with this Project Plan application (See Attachment #7 - Parking Waiver).
Comprehensive Planning
The project is located within Planning Area 1 (Town Center) of the City of Rockville’s Comprehensive Plan, Rockville 2040 (“Plan”), and the Land Use designation applied to the site is OCRM - Office Commercial Residential Mix. The definition of OCRM in the Plan is described as, “a wide choice in mixing office, commercial, and residential uses. Uses such as research & development, breweries, distilleries, and small manufacturing may be appropriate if they do not adversely impact surrounding properties. In some locations, the Plan indicates where the commercial is strongly preferred along the street frontage.”
The Comprehensive Plan calls for the development of additional affordable housing throughout Rockville. This project is proposing the development of 147 new affordable housing units. There are several other compatibilities within the proposed project and the Housing chapter of the Comprehensive Plan, including:
• Housing Action 2.3: “Work with neighborhoods to promote small-scale infill and redevelopment projects that will diversify the housing stock and lower per-unit land costs for new housing, including townhouses, rowhouses, duplexes, triplexes, fourplexes, and small multiple-unit properties.” Page 199
• Housing Action 3.1: “Allow new housing in locations where amenities and infrastructure already exist, and that are compatible with the existing neighborhood.” Page 200
• Housing Action 10.5: “In areas near transit, consider reducing parking requirements to build parking spaces for MPDU units in exchange for more affordable units; while requiring that occupants of MPDUs have equal access to parking spaces built in the overall project.” Page 209
On January 27, 2025, the Rockville Mayor and Council adopted the 2025 Town Center Master Plan as an amendment to the Rockville 2040 Comprehensive Plan and as a replacement to the Planning Area 1 chapter of the Comprehensive Plan. The adopted Town Center Master Plan includes goals, policies, and actions that are relevant to this development proposal:
• Focus Areas: 41 Maryland Avenue: “Encourage residential development of at least 100 units. If the existing, approved planned development for the parcel is modified, encourage the development of even more residential units on site. Ground-floor retail should not be required. Any on-site parking requirements should be waived due to the site’s limited size, prime Town Center location, nearby structured parking options, and transit access.” Page 36.
• Housing Goal 8: “Increase the number of affordable homes with Town Center.” Page 64
• Housing Action 8.1.5: “Actively work with public, private, and philanthropic institutions to assist in the development of affordable housing in Town Center.” Page 64
Public Notification and Engagement
Notifications of the Project Plan application and this Planning Commission briefing were made consistent with City Code requirements. In addition, the Applicant held a virtual pre-application area meeting on January 21, 2025, for which 29 members of the public attended. The Applicant held a virtual post-application area meeting on April 29, 2025, for which 15 members of the public attended.
Among the items discussed at both meetings, attendees voiced concerns about the lack of parking proposed with the project, visual and privacy impacts to abutting properties, potential negative impacts to neighboring property values, adequate public facilities, and possible disturbances to neighbors during the construction phase of the project.
The Applicant also held an in-person meeting at the neighboring Victoria Condominiums on February 13, 2025, to discuss the project further with resident condo owners.
As of the date of this report, staff has received 26 emails from the public providing commentary on the project, including several residents of the abutting Victoria Condominiums, many of whom have expressed either concerns and/or opposition to the project (See Attachment #8 - Public Testimony). Additional public engagement opportunities will be scheduled at a later time as described in the ‘Next Steps’ section of this staff report.
Boards and Commissions Review
At the time of this report, the Planning Commission is scheduled to be briefed on this proposal at its scheduled May 14, 2025, meeting. At the briefing, the Planning Commission will be able to ask questions and comment on the development proposal. Feedback provided by the Planning Commission at the briefing will be included in future reports on this project.
Next Steps
Following the briefings, the Applicant is encouraged to revise the proposal pursuant to comments received at both the Planning Commission and the Mayor and Council. Such plan revisions will be made before the request is scheduled for consideration by the Planning Commission at a future meeting. The Planning Commission must review the Project Plan application, as revised, at a public meeting and provide an opportunity for public comment. After its review, the Commission shall prepare and transmit its comments and recommendations on the application to the Mayor and Council.
Following the Commission’s review, the Project Plan application will be scheduled for a public hearing by the Mayor and Council. Upon receiving public testimony at the public hearing and in written comments, the Mayor and Council will render a final decision on the proposed Project Plan as an amendment to the Planned Development via the adoption of a resolution, incorporating the findings as required by Section 25.07.01.b.2 of the Zoning Ordinance. If the application is approved, the Mayor and Council will establish a time period in which construction of the development approved by the Project Plan must commence. Following the Project Plan approval, the Planning Commission can then proceed with consideration of a Site Plan application for the project.