Subject
title
Level 2 Site Plan Application STP2024-00490 to Permit Construction of 48 Two-over-two Residential Condominium Units at 622 Hungerford Drive in the MXNC (Mixed-Use Neighborhood Commercial) Zone; Toll Mid-Atlantic LP Company, Inc., Applicant
end
Department
CPDS - Development Review
Recommendation
Staff recommends approval of Level 2 Site Plan Application STP2024-00490 based on the findings and conditions of approval contained in this report.
Overview
Case: Level 2 Site Plan STP2024-00490
Location: 622 Hungerford Drive
Staff: Christopher Davis, Senior Planner
Community Planning and Development Services
240.314.8201
cdavis@rockvillemd.gov <mailto:cdavis@rockvillemd.gov>
Applicant: Toll Mid-Atlantic LP Company, Inc.
Filing Date: April 30, 2024
Executive Summary
Toll Mid-Atlantic LP Company, Inc., (the “Applicant”) has filed a Level 2 Site Plan application for the subject property located at 622 Hungerford Drive to permit construction of 48 two-over-two townhouse-style condominium units and 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 comment 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 has found 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.
end
Site Description
Location: 622 Hungerford Drive (the “Property”)
Planning Area: Area 1 - Town Center
Land Use
Designation: OCRM - Office Commercial Residential Mix
Zoning District: MXNC (Mixed-Use Neighborhood Commercial)
Existing Use: Vacant (formerly commercial office townhouses)
Proposed Use: Residential Condominiums
Site Area: 94,670 Square Feet (2.17 acres)
Building Height: 55 feet maximum
Surrounding Land Use and Zoning
|
|
Zoning |
Planned Land Use |
Existing Use |
|
North |
MXCD (Mixed-Use Corridor District) |
OCRM (Office Commercial Residential Mix) |
Commercial |
|
East |
MXCD (Mixed-Use Corridor District) |
OCRM (Office Commercial Residential Mix) |
Commercial (Retail) |
|
South |
MXNC (Mixed-Use Neighborhood Commercial) |
CI (Civic and Public Institutional) |
Institutional (Post Office) |
|
West |
RMD-25 (Residential Medium Density) |
RA (Residential Attached) |
Residential (Townhomes) |
Figure 1: Aerial Parcel Map
Site Analysis
The site is comprised of a single record lot identified as Lot 2, Block A of the City Center subdivision found on Plat 11941 recorded on June 7, 1978. It is located at the northwest corner of the intersection Hungerford Drive (MD 355) and North Washington Street. The site is fairly square in shape with its frontage along Hungerford Drive being approximately 270 feet and the side property lines being approximately 340 feet. The property is zoned in MXNC (Mixed-Use Neighborhood Commercial) and located within Planning Area 1 (Town Center) of the Comprehensive Plan.
The Property is currently occupied by two rows of vacant commercial office townhouses that are 25,281 square feet of above grade area according SDAT. The commercial townhouse buildings are situated toward the eastern side of the property and are surrounded by a surface parking lot. On the west side of the property is an additional parking lot that is delineated by a chain link fence. Per plat 11941, it appears this separate parking lot was previously leased to the abutting United States Postal Service property for additional parking for the Post Office.
Project Description
The Applicant proposes to raze the existing commercial office buildings and redevelop the Property with 48 two-over-two condominium units. 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.
Figure 2: Site Plan
The two-over-two units will be located centrally on the site and configured into three rows with each row having 16 units. The western and central rows of units will be oriented to the west while the eastern row of units will be oriented to the east and Hungerford Drive. The site will be accessed from Hungerford Drive in approximately the same location as the existing entrance, and each residential unit will be accessed by an internal central drive aisle loop which will provide vehicular access to each residential unit via a rear driveway. Each unit will provide the required two (2) parking spaces within the rear loaded garages and driveways. The proposed buildings will be four stories tall and will have a maximum building height of 55 feet. The 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. Chapter 13.5 of the City code (Moderately Priced Housing) was revised by the Mayor and Council by their adoption of Ordinance No. 13A-24 on September 16, 2024, to update the unit threshold to 20 units for requiring the provision of MPDU units. At the time the subject application was submitted (April 30, 2024), the unit threshold for compliance with Chapter 13.5 was 50 units, above the 48-units proposed by the Applicant. Thus, the Project is not required to provide MPDU units with the proposed development.
Approximately 22% (20,900 square feet) of the subject property will remain as open space, exceeding the required 15%. The project also proposes to provide 14% (12,700 square feet) of the property as public use space, also exceeding the 10% requirement. As part of the amenities provided for the community, the Applicant proposes to provide the majority of the public use space in a central location between the western and center row of structures for use by both the public at large and the residents of the community. As detailed by the Applicant, such area has been designed as an open linear courtyard with seating, play elements and public art. The site will also be accompanied by new internal sidewalks that will provide pedestrian connections from each unit, the central courtyard and around the site to sidewalks along Hungerford Drive. The Applicant proposes to incorporate specialty sidewalk paving features as well as to provide wayfinding signage to assist in guiding users into the public use space.
While not required, the Applicant proposes to provide six (6) parking spaces at the northern end of the site abutting the internal drive aisle which can provide opportunities for visitor parking. The Applicant also proposes a seven-foot-wide landscaping buffer along the western Property line with new tree plantings to supplement the existing landscaping in this area and provide an enhanced visual barrier between the adjacent College Square townhome community along Ivy League Lane and the Property. A perimeter fence is also proposed to be provided along the western, southern and northern property lines.
Project Analysis
Master Plan
The Project is located within Planning Area 1 (Town Center) 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. However, the application 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). The Project is compliant with the Plan and is also consistent with many of the broader objectives and goals within the housing element of the Plan. Additional details about this application’s compliance with the Plan can be found in the “Findings” section of this report.
Zoning
This Project meets all relevant requirements of the Zoning Ordinance pertaining to site plans and development standards of the MXNC 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.
Street Trees
The Applicant is proposing to remove 5 street trees within the adjacent Hungerford Drive (State Highway Authority) and North Washington Street (City of Rockville) rights-of-way. The Applicant is proposing to plant back 7 street trees within the rights-of-way.
Traffic and Transportation
Trip Generation
Staff has reviewed the request per the city’s Comprehensive Transportation Review (CTR). Trips generated by existing (and vested) development compared to the proposed trips generated by the residential development of 48 townhouse-style condo units were calculated using the latest ITE Trip Generation Manual, for AM and PM commuter peak hours. Below is the proposed development peak hour trip generation:
|
Land Use |
AM Peak |
PM Peak |
|
Proposed |
|
48 residential units, Two-over-two Townhomes |
19 |
24 |
|
Subtotal |
19 |
24 |
|
Existing Uses |
|
25,281 SF Office |
51 |
53 |
|
Subtotal |
51 |
53 |
|
Net Fewer Trips Generated |
-32 |
-29 |
As shown, the proposed residential development is expected to generate 32 and 29 fewer trips than the existing and approved office development that will be demolished to replace the morning and afternoon peak hour trips, respectively.
Based on the above trip generation findings, and per the requirements of the CTR, an on-site Transportation Report focusing on the adequacy of site access vehicle access points, on-site circulation, transit, pedestrian, bicycle accessibility and accommodations was submitted and reviewed by staff.
Access and Circulation
The property has frontage along Hungerford Drive (MD 355) with an existing limited (right-in/right-out) unsignalized access driveway onto MD 355. Vehicular access to the proposed residential development is expected to occur via this driveway that will be improved but will remain as a private access driveway. Hungerford Drive abuts the Property’s frontage and consists of six lanes (three in each direction). Left turn lanes are provided at the adjacent signalized intersections of Hungerford Drive and Frederick Avenue north of the Property and Hungerford Drive and North Washington Street south of the Property’s existing driveway access.
The largest vehicle anticipated to access the site is a firetruck. All loading, trash, and other related services will occur on site, and internal circulation throughout the site will be provided via an internal loop driveway. Deliveries and pick-ups are anticipated to take place along the internal loop driveway and not along Hungerford Drive.
As part of the required on-site report, the site access driveway and left/u-turn movements at the adjacent intersections were analyzed using the Highway Capacity Manual (HCM) methodology to ensure that these movements will continue to operate with acceptable delay with the redevelopment. This analysis shows that each of the studied intersections operates at LOS “A” under existing conditions and will continue to operate at LOS “A” with the redevelopment of the site when using this methodology. The results of the HCM analysis indicates that the site’s driveway and left/u-turn movements at the adjacent intersections will operate with minimal delay and at LOS “B” or better. The results of the queue analysis performed along Hungerford Drive at the site entrance also indicate that average AM and PM peak hour queues will be less than 150 feet, and the site driveway will be blocked by the mainline queue only 2 percent of the time during the morning peak hour and only 7 percent of the time during the evening peak hour. Staff has deemed this to be an acceptable situation considering the proposed driveway location is as far north as possible within the site and provides the maximum clearance to the intersection. As outlined above, the proposed development results in a substantial net decrease in trips compared to the existing land use.
Passenger Vehicles
Based on the results of the level of service and queuing analyses staff has determined that the existing access configuration, a single right-in/right-out access, will continue to provide safe and efficient vehicular access to the site with the proposed redevelopment.
Pedestrian and Bicycle Access
The City of Rockville Bikeway Master Plan recommends a cycle track along Hungerford Drive and the subject property frontage. North Washington Street is improved with protected on-street bike lanes that extend from Martin’s Lane to East Jefferson Street (MD 28). As shown on the submitted plan, the existing sidewalk along the site’s frontage on Hungerford Drive will be replaced with a buffered 10’ shared use path, as an acceptable interim improvement until the construction of the planned MDOT BRT project along MD 355 is constructed. This will be augmented by a network of onsite sidewalks that provide access to the MD 355 frontage.
Transit Access
The Rockville WMATA Metrorail, MARC and Amtrack Station is the nearest transit station, located approximately ¾ miles south of the site along Hungerford Drive. The Rockville Metrorail station is on the WMATA Red Line which runs from the Shady Grove station in Rockville to Glenmont in Silver Spring and connects with the other five (5) Metrorail lines, allowing access to much of the Washington, DC metropolitan area via transit. The Rockville MARC train station is served by the Brunswick MARC Line, traveling between Martinsburg, West Virginia and Union Station in the District of Columbia.
There are several bus-stops within the direct vicinity of the site. Montgomery County Ride-On Routes 45, 46, and 55 can be accessed at stops along Hungerford Drive, just north of the site, and North Washington Street, just south of the site. WMATA Metro Bus Routes Q2 and Q6 can be accessed at stops along Hungerford Drive, just south of 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 September 26, 2023. A virtual post-application area meeting was held on June 11, 2024.
The topics of discussion included concerns over buffering from the adjacent College Square townhome community and the desire to provide adequate landscaping along the western property edge so as not to negatively impact the Property’s neighbors and also prevent pedestrian access. Participants also expressed a desire to have a point of contact with the proposed builders to ensure communication with the neighboring community during the construction process and ensure construction impacts are mitigated. Participants also raised concerns about potential parking from the Project occurring on the adjacent private entry road along Ivy League Lane and that the Applicant should work to ensure that the project does not cause parking for the Project to appear on Ivy League Lane. Finally, participants indicated that the Applicant should be aware of previous drainage issues occurring on Ivy League Lane and should ensure that the Project’s design does not negatively impact any drainage on such private driveway.
In addressing such issues, the Applicant has proposed additional planting along the Property’s western edge to supplement existing landscaping and to buffer the Project from the adjacent residential uses. The Applicant also noted that new fencing would be established along the western property boundary to also maintain a barrier and prevent pedestrian crossing over the private Ivy League Lane. The Applicant also expressed that as the Project moves forward, they will abide by all applicable rules for construction and will make efforts to coordinate with the adjacent residents and property owners to ensure construction impacts are mitigated. The Applicant has also provided additional parking spaces on the site to provide opportunities for visitor parking and minimize the need for any off-site parking.
Mailed notices for the Planning Commission meeting were sent out two weeks in advance of this Planning Commission meeting to surrounding properties 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, staff has received six (6) emails from the public providing commentary on the Project (see Attachment - Public Comments). The public comments have been received over time since the pre-application stage of the Project. Many of the issues noted in the area meetings, including concerns over buffering, parking and construction activities, have been also expressed in the public comments received. As noted above, the Applicant has included measures to address these issues including additional landscaping and fencing to address buffering, providing all parking on-site and indicating continued communication and collaboration with adjacent property owners about construction as the Project moves forward.
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 additional housing encouraged in the Town Center by the Plan. The Property abuts non-residential properties to the north and south and is not immediately abutted by any residential uses. The Project will provide landscaping along the Property’s western edge to supplement existing landscaping along the abutting private Ivy League Lane to further buffer the Project from residential uses to the west. The Project will meet all necessary Zoning Ordinance requirements established to promote the health, safety and welfare in the City. The redevelopment will also replace a vacant commercial office use with additional residential uses envisioned for the area and will help support commercial neighboring commercial uses in the Town Center area.
2. Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
Staff finds that the Project complies with all applicable ordinances and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The Project will replace a vacant commercial office use surrounding by surface parking with new residential uses and associated site improvements. New residents occupying the Project will also help maintain the vitality of existing commercial and service uses in the Town Center area and beyond. The Project will also comply with all applicable City codes to ensure public safety. Staff finds no evidence that the Project is injurious to property or improvements in 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 (Beall 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, FY2024-2025, the proposed 48-unit multifamily condominium development will generate the following number of students:
|
Student Generation For Housing Types - Turnover Area |
|
Grade Levels |
MCPS Rates for Multi-Family Low Rise |
# of Students Generated by Proposed Multi-Family Low Rise |
Student Total |
|
Elementary School |
0.116 |
(0.116*48 units) = 5.57 |
6 |
|
Middle School |
0.061 |
(0.061*48 units) =2.93 |
3 |
|
High School |
0.081 |
(0.081*48 units) = 3.89 |
4 |
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 2029-30 Enrollment |
Student Generated by Proposed Development |
100% MCPS Program Capacity 2029-30 |
Enrollment Including Proposed Development |
School Percent Utilization in 2029-2030 |
School Percent Utilization in 2029-30 with Proposed Development |
|
Beall ES |
440 |
6 |
663 |
446 |
66.4% |
67.3% |
|
Julius West MS |
1,404 |
3 |
1,432 |
1,407 |
98.0% |
98.3% |
|
Richard Montgomery HS |
2,604 |
4 |
2,236 |
2,608 |
116.5% |
116.6% |
Traffic and Transportation
Based on a multimodal and comprehensive on-site transportation review, staff finds the proposed redevelopment of the subject site with 48 two-over-two condominium units can be adequately accommodated by the existing and/or programmed transportation infrastructure with the recommended conditions.
Water and Sewer
In a letter dated January 22, 2025 (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 January 22, 2025 (see Attachment - Development 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 micro-bioretention facilities and underground water quality structures. A monetary contribution is being provided by the applicant in lieu of providing on-site quantity management.
DPW reviewed and approved the adequacy of the existing downstream public storm drainage system in a Safe Conveyance Study Approval Letter dated January 22, 2025 (see Attachment - 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 letter dated January 22, 2025 (see Attachment - Erosion and Sediment Control Letter). The letter lists project specific conditions of approval.
Natural Resources Inventory/Forest Stand Delineation
The City approved a Natural Resource Inventory/Forest Stand Delineation (see Attachment - NRI-FSD) on March 01, 2024 (FTP2024-00069). The NRI/FSD delineated no onsite forest.
Significant Trees
The approved NRI/FSD identifies a total of 17 on-site and 29 off-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. Trees within 25’ of the limit of disturbance are defined as significant down to 6” DBH.
Forest Conservation
The Preliminary Forest Conservation Plan (see Attachment - ‘PFCP’) was approved on December 12, 2024. The PFCP’s forest conservation worksheet requires a forest conservation requirement (via afforestation) of .33 acres. The afforestation requirement will be met through a fee-in-lieu of planting payment. The applicant provided justification for the fee-in-lieu payment, detailing the confluence of parking, stormwater management, and existing development maintenance requirements. Additionally, there are many easements and utilities on the site that further limit the viable planting space.
In addition to the forest conservation requirements (met via fee-in-lieu per the approved PFCP), the Applicant is planting a total of 18 replacement trees (shade trees) to offset the removal of 10 significant trees (on-site and off-site combined). The trees proposed for removal vary in size from 6" DBH to 25" DBH. Replacement trees must be planted at 2.5" caliper. The applicant is planting an additional 16 trees to meet the minimum tree cover requirement (.27 acres).
The Applicant is proposing to plant a total of 34 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, and will confirm compliance with Chapter 10.5.
Historic Resources
The property is not within a historic district and has no potential historic resources on site. As the existing commercial office townhouse buildings are proposed to be demolished, the subject property is required to be evaluated by the Historic District Commission (HDC). On March 21, 2024, the HDC reviewed the property for historic significance and voted to not recommend historic designation of the property.
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 1 - Town Center. As mentioned previously, the Project does contribute to increasing the number of residents and housing density in Town Center as well as provide additional housing options for residents consistent with the recommendations of the 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.
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 MXNC Zone per the Land Use Table found in Section 25.13.03 and is also consistent with the Comprehensive Plan as mentioned previously in this report. The requirement under Section 25.13.06 (Additional design guidelines) and 25.13.07.e (Special design regulations for individual mixed-use zones - MXNC) will ensure that appropriate and thoughtful design is utilized in this Project.
The Zoning Ordinance requires 15% open space and 10% public use space, and the Applicant has reserved land areas beyond these thresholds to comply with these requirements. The central courtyard will provide an attractive public use space with additional outdoor furnishings to enhance this residential development and provide valuable open space consistent with an urban context for the benefit of residents and the general public.
Per Section 25.16.03, 96 vehicle parking spaces are required, and the Applicant proposes to exceed this requirement by providing a total of 102 parking spaces. The proposed 55 feet building height comports with the Zoning Ordinance’s requirement of 65 feet when providing public open and use space mentioned above. Conformance with the building code and other requirements will occur at the time of permitting or other applicable process.
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 |
21.7 feet |
N/A |
51.3 feet (north) 33 feet (south) |
45.5 feet |
N/A |
7. Be incompatible with the surrounding uses or properties.
Staff finds the Project is attractive, compatible and integrates well with the mix of uses in the surrounding neighborhood. The Project will add 48 residential units to the City’s housing inventory. The Property is adjacent commercial uses to the north, south and east beyond Hungerford Drive. Residential uses are located to the west of the property with the closest residential unit located approximately 130 feet from the Property. The Project will provide a transitional use from the townhomes and detached residences to the west to the more intense commercial uses to the east, north and south. As mentioned previously, the site will also provide additional plantings in particular to the Property’s western edge to buffer the development from the residential uses to the west. The site will also utilize its existing entrance for sole vehicular access from Hungerford Drive and no access is proposed from the western edge of the property. This will further minimize any impacts on the residences to the west. The Plan also anticipates the proposed use in this area of the City to further achieve a mixed-use environment of commercial, office and residences which are all located in close proximity of the site.
The Property is currently improved with largely impervious surface in the form of commercial office townhouse buildings and surface parking lots. The Project will reduce onsite imperviousness and construct modern stormwater management features to capture and treat stormwater as detailed on the Stormwater Management Concept Plan.
Conditions
Staff recommends approval Level 2 Site Plan STP2024-00490, 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 STP2024-00490.
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 public use space, as specified on the plans, shall be completed and inspected prior to approval of occupancy permits for any residential units within the western or center row of structures.
Forestry
4. Before the issuance of any building, forestry, or public works permits, the applicant must obtain approval of a Final Forest Conservation Plan (Final FCP) and a landscape plan.
5. The Final FCP must be consistent with the PFCP approval issued on 12/12/2024. In addition to compliance with applicable codes, the Final FCP must meet the following requirements, unless modified by the City Forester, or designee:
a. Ensure that tree plantings meet the following minimum spacing requirements:
i. Shade trees spaced 20 feet apart;
ii. Evergreen and ornamental trees spaced 15 feet apart;
iii. All trees must be 10 feet from wet and dry utilities, except when under streets;
iv. All trees must be 15 feet from streetlights and driveways;
v. All trees must be 10 feet from inlets;
vi. Shade trees and large evergreens must be a minimum of 7 feet and ornamental trees and small evergreens must be a minimum of 5 feet from micro bioretention underdrain pipes (6” diameter and smaller); and
vii. Street trees may be planted atop stormwater conveyance pipes with a minimum 4 feet of cover and immediately behind curb.
b. Trees planted to meet FTPO requirements subject to long term protection may not be located within existing or proposed easements (excluding forest conservation easements).
c. Proposed tree locations must be consistent across all plans, including but not limited to the forest conservation plan, site plan, and landscape plan.
6. Before Final FCP approval, the applicant must coordinate final street tree species, locations, and proposed impacts with the City Forester, or designee.
7. 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. The current ordinance notes at the time of Final FCP submission shall be included on the Final FCP.
8. Before planting new trees, the applicant must show the areas of soil removal and replacement.
9. All submitted plans must use current city tree tables, FTPO notes and details.
10. 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.
11. Any significant modification or revision to the approved Final FCP must be consistent with the Site Plan and submitted to the City Forester (or designee) for review and approval.
12. 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 consistent with the approved PFCP;
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;
g. submit GIS data for the recorded forest conservation easement in a form acceptable to the City.
DPW - Engineering
13. 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 Hungerford Drive and North Washington Street 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, and streetlights will be determined in conjunction with the review of all Public Improvement Plans (PWK) and the Forestry Permit.
14. The Applicant must submit to DPW a maintenance of traffic plan to be reviewed, approved and permitted with the PWK permit. The plan shall include, but not be limited to, construction access, truck routing, staging and construction parking. The maintenance of traffic plan for the construction period must also include the methods of maintaining pedestrian safety and access on the existing sidewalks, temporary closing of sidewalks for work in the streetscape zone, and pedestrian detours. Long-term closures of the existing sidewalk on Hungerford Drive will not be permitted.
15. Prior to issuance of any DPW permit, 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.
16. Prior to issuance of any DPW permit, 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.
17. 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.
18. Applicant must grant a Public Access Easement (PAE) across the entire width of the privately maintained drive aisles. The PAE must be granted by separate document 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.
19. 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 DPW permit issuance.
20. Except for permits associated with the demolition of the existing building, no DPW permits will be issued prior to the recordation of the deeds dedicating all necessary right-of-way to the City.
21. PWK permits must be issued for public infrastructure prior to the issuance of any building permits.
22. DPW will not approve any Demolition Permits until a Sediment Control Permit (SCP) for the area disturbed by the demolition is issued.
23. The Applicant shall comply with the conditions of the Development SWM Concept approval letter dated January 22, 2025.
24. The Applicant shall comply with the conditions of the Preliminary Erosion and Sediment Control approval letter dated January 22, 2025.
25. The Applicant shall comply with the conditions of the Safe Conveyance approval letter dated January 22, 2025.
26. The Applicant shall comply with the conditions of the Water & Sewer Authorization approval letter dated January 22, 2025.
27. 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.
28. The Applicant must obtain all required permits from any agencies and jurisdictions including Maryland State Highway Administration (MDSHA) as applicable and for any work within their easements or public right-of-way.
DPW - Traffic & Transportation
29. 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 signing and pavement marking plans shall be submitted to DPW and approved by the Chief, Traffic and Transportation Division, and shall be included in the signature set.
Publicly Accessible Art in Private Development
30. The Publicly Accessible Art in Private Development requirement applies to this project. Prior to issuance of a building permit, the Applicant must complete an application along with the required attachments including a final plan for staff approval.