Rockville Planning Commission Meeting - October 8, 2025

The City of Rockwell Planning Commission held Meeting 13-25 on Wednesday, October 8, 2025, at 7:00 p.m. (approximate start). Chair Jamie Espinosa presided, joined by Commissioners Susan Pittman, Eric Fulton, Meng Soon (online), and later Commissioner Shayen Salhuddin. The agenda included a consent item for final record plats for the Danick Technological Park subdivision, a level 2 site plan for converting retail to residential at 198 East Montgomery Avenue, and a work session on the zoning ordinance rewrite (ZOR) covering numerous topics. The meeting concluded with old and new business, including discussion of the chair election.

Consent Calendar

• None explicitly identified; all agenda items were discussed individually.

Public Comments & Testimony

• Connie Robinson (resident at 2 Helen Hennigan Way, tenant in the same building): Expressed concern about the conversion of retail to residential at 198 East Montgomery Avenue. She asked whether existing residents (including seniors) would have a chance to apply for the new units and whether they would include affordable housing. She noted that the "Residences on the Lane" were originally marketed as senior housing but did not fully meet seniors' needs.

Final Record Plat Applications – Danick Technological Park Subdivision

• Item 1: Final record plats PLT 2025-00632 through 00636 to resubdivide lots 5, 6, 7, and 8 of the Danick Technological Park Subdivision, located at 15815 Shady Grove Road, 15825 Shady Grove Road, 2 Choke Cherry Road, and 2092 Gaither Road. The applicant is Toll Mid Atlantic LP Company Inc. The property is in the MXE (mixed-use employment) zoning district, totaling approximately 11 acres. Background: Project plan PJT 2017-00007 approved in 2019, level 2 site plan STP 2020-00393 approved in 2020 for Phase 1 of the Shady Grove Innovation District, and a major site plan amendment in 2024. The subdivision implements previous approvals.
• Staff Recommendation: Approval with conditions.
• Applicant Presentation: Pat Harris (applicant representative) stated no comments and expressed happiness to deliver needed townhouses to the city.
• Commission Discussion: No questions. Motion by Commissioner Fulton, seconded, to approve as conditioned. Vote: Unanimous (all aye).

Level 2 Site Plan – 198 East Montgomery Avenue

• Item 2: Level 2 site plan STP 2025-00503 to convert 13,011 square feet of previously approved street-level retail into 13 residential units at 198 East Montgomery Avenue. Applicant: Comstock 33 Munro LC. The site (1.41 acres) is in the PDRCI zone (equivalent to MXTD). This implements a project plan approved by the Mayor and Council on September 15, 2025.
• Staff Presentation: Senior Planner Christopher Davis stated that the conversion meets all zoning requirements, is not detrimental to public welfare, and adds residences to support neighborhood commercial uses in Town Center. Notifications were met.
• Applicant Presentation: Nancy Reglan (attorney) presented detailed renderings of the proposed units, emphasizing urban frontages, stormwater management (less than 250 sq ft of regrading), color consistency, and noise mitigation. She accepted staff’s conditions.
• Commission Discussion: Commissioner Meng Soon noted the importance of noise mitigation for windows. The applicant confirmed that windows will match those in the existing above floors. No other questions.
• Public Testimony: After a motion was initially withdrawn to allow public comment, one speaker testified (Connie Robinson – see Public Comments).
• Motion: Commissioner Fulton moved to approve the site plan subject to staff findings and conditions. Seconded. Vote: Unanimous.

Zoning Ordinance Rewrite (ZOR) Work Session

• Item 3: Work session on remaining ZOR topics: amenity space, landscaping, signs, non-conformities, findings of approval, subdivision and plats, neighborhood conservation plans, historic preservation, and recommended rezoning near Twinbrook Metro Station.
• Staff Presentation: Jim Wasilak, Holly Simmons, Katie Gerbis, and Nick Dumay led the discussion. Key points:
  • Historic Preservation: Recommended changes include extending certificate of approval expiration from 1 to 5 years, allowing staff to administratively approve minor alterations, limiting who can nominate properties (owner, HDC, or Mayor/Council), requiring owner consent with tiered voting thresholds (majority if consent, supermajority if silent, unanimous if opposed), creating a delisting process for structures that lost historic characteristics, prohibiting demolition by neglect with municipal infractions, and streamlining evaluations of significance (EOS) so staff can sign off on clearly non-historic structures and need not repeat EOS within 5 years.
  • Amenity Space: Proposed replacing current open area and public use space requirements with a single “amenity space” requirement (10% of site) focused on quality. Exemptions for small projects (≤5 dwellings, industrial/auto uses, non-residential ≤20,000 sq ft), affordable housing projects (100% affordable at average 60% AMI or below and within ¼ mile of a public park), and small sites (in MXTD ≤1 acre, others ≤20,000 sq ft). Up to 50% of amenity space in MXTD zones may be resident-only.
  • Non-Conformities: Strategic non-conformities created for gas stations and drive-throughs in MXTD zones (no longer permitted). Proposed to reduce process for improvements that bring non-conformities into greater compliance, allow replacement after accidental destruction, and allow up to 20% expansion of non-conforming uses (total from time of non-conformity).
  • Subdivision and Plats: Recommend moving authority to accept land dedication from Planning Commission to Mayor/Council; create minor vs. major subdivision classification; delegate approval of minor subdivisions to Chief of Zoning (subject to Planning Commission delegation); remove cluster subdivision provisions (unused since 1996); allow creation of pipe stem lots (prohibited since 2006) to support housing goals.
  • Findings of Approval: Simplify to three objective findings: consistency with comprehensive plan, adequate public facilities, and conformance with zoning ordinance and applicable law.
  • Neighborhood Conservation Plans: Eliminate as a standalone process because it duplicates the master planning process.
  • Twinbrook Rezoning: Expand proposed MXTD 200 zone to areas within half mile of Twinbrook Metro Station (currently MXCD), extending beyond the earlier MXTD 235 recommendation, based on a property owner request and to align with Town Center Master Plan stepped approach.
• Commission Feedback:
  • On certificate of approval expiration: Commissioner Soon agreed 5 years is reasonable.
  • On owner consent for historic designation: Chair Espinosa noted that an indifferent owner (silent) should be treated as consent (city’s will should prevail). Discussion on supermajority definitions; caution about specifying exact numbers for HDC if not full.
  • On delisting: Commissioners praised the proposal.
  • On demolition by neglect: Commissioner Fulton asked if it applies only to designated properties (yes).
  • On amenity space: Commissioner Espinosa raised equity concerns about exemptions for affordable/senior housing. Staff explained the revised narrow exemption. Commissioner Soon suggested a smaller percentage or fee-in-lieu instead of full exemption. Commissioner Espinosa also asked about quality definition; staff provided the working definition with included and excluded elements.
  • On non-conformities: Commissioner Espinosa argued it is unfair to limit expansion of non-conforming uses when non-conformity results from city regulation changes. Commissioner Soon agreed.
  • On subdivision delegation: Chair Espinosa expressed concern about open-ended delegation. Staff suggested writing in the code that approval is subject to delegation, and the delegation could be revoked. Commissioners Espinosa, Fulton, Pittman, and Soon expressed general support with caveats.
  • On neighborhood conservation plans: Commissioner Soon wanted to ensure conservation elements remain possible in master plans; staff confirmed.
  • On Twinbrook rezoning: Commissioners expressed support.
• Next Steps: Draft ZOR text and map to be released; authorization to file on December 1, 2025; public hearings before Planning Commission and Mayor/Council expected in early 2026; adoption target late spring 2026.

Old Business

• Commissioner Fulton inquired about the status of 255 Rockville Pike project. Staff said it is not on the advanced calendar and they will follow up.
• Commissioner Espinosa noted that the Mayor and Council issued a proclamation for Planning Month on October 6, 2025.

New Business

• Chair Espinosa announced he will be out of the country in December and raised the need to elect a new chair in November to avoid an even-numbered commission voting. Commissioner Fulton supported a November election.
• Commissioner Fulton reminded that October is Walktober, with a neighborhood walk in Twinbrook on October 16 and a candlelight vigil for traffic victims on October 30 at City Hall.
• Staff liaison Jim Wasilak noted the next meeting is October 22, 2025 (final record plat and project plan for 41 Maryland Avenue); November 12 meeting includes site plan for Shady Grove Neighborhood Center Phase 2 and ownership plat for 850 Nelson Street.

Key Outcomes

• Approved (unanimous): Final record plats for Danick Technological Park Subdivision (5 plats).
• Approved (unanimous): Level 2 site plan for conversion of 13,011 sq ft of retail to 13 residential units at 198 East Montgomery Avenue.
• Direction provided: Staff will incorporate commissioner feedback into the ZOR draft. Key decisions on historic preservation voting thresholds, amenity space exemptions, non-conformity expansion limits, subdivision delegation, and Twinbrook rezoning will be reflected in the draft.
• Next meeting: October 22, 2025, with a focus on 41 Maryland Avenue project plan.