Mayor and Council



   For the meeting on:

  October 12, 2009
   Department:   Community Planning and Development Services
   Division:  Planning
   Responsible staff:  Robin Ziek, Historic Preservation Planner
  phone: (240) 314 - 8236
  rziek@rockvillemd.gov


Subject
Public Hearing on Sectional Map Amendment MAP2010-00107 to change zoning from R-60 to R-60 (Historic District) at 224 Elizabeth Avenue in Lincoln Park

Recommendation
Conduct public hearing.

Discussion
The owner applied for a demolition permit for this structure on March 11, 2009. Per Section 25.04.04.b.1.(b) of the Zoning Ordinance, demolition permits for all structures in the City are sent for Historic District Commission (HDC) review immediately upon filing. The staff prepares an Evaluation of Significance and transmits it to the HDC, who conduct a public hearing as part of their process to determine whether a property meets the criteria for historic designation.

The staff's Evaluation of Significance did not support the zoning change for historic designation based on the failure of this site to meet Rockville's adopted criteria for person, event or architecture, and because it no longer retains sufficient integrity to convey its historic significance (See Attachment A).

The HDC considered the staff's Evaluation of Significance on April 16, 2009, and then heard additional comments from the public about the historic significance of the property. The HDC asked for further research before making a recommendation. At the May 21, 2009 HDC meeting, staff confirmed certain aspects related to the historic significance of the property to the City of Rockville, with the additional comment that the building lacked integrity to represent its early 20th century significance (See Attachment B). After further public testimony, the HDC deliberated and voted to recommend historic district zoning on the basis of City of Rockville Criterion I-C, because it exemplifies the cultural history of Lincoln Park. The HDC noted that the changes to the property over time are significant, but the building had retained integrity with the mid-20th century alterations.

The Sectional Map Amendment was reviewed by the Planning Commission on September 23, 2009. This commission reviews the proposed zoning change in relation to applicable Master Plans, to evaluate whether or not the proposed zoning change complies or conflicts with the applicable Master Plans. The Planning Commission voted that the zoning change complies with the Master Plans (2007 Lincoln Park Neighborhood Plan and the Comprehensive Master Plan).

Mayor and Council History
The Mayor and Council authorized filing of the Sectional Map Amendment on July 27, 2009.

Public Notification and Engagement
Noticing for the HDC public meetings followed the Noticing Procedures outlined in the CPDS notification policy. Notices of the HDC evaluation and meetings were sent via first class mail to the property owners, adjacent property owners, neighbors within 500 feet of the site, and web notice was given via the HDC agenda listserv. The staff reports were posted on the web with the meeting agenda, and a sign was posted on the front yard of the subject property for each meeting. Staff reports were mailed to the owner, and interested parties who had requested them.

Noticing for the Planning Commission followed Noticing Procedures outlined in the CPDS notification policy. Notices were sent via first class mail to the property owners, adjacent property owners, neighbors within .25 miles of the property, and web notice was given via RockNet. The staff reports were posted on the web with the meeting agenda, and a sign was posted on the front yard of the subject property. Staff reports were provided to the owner and the owner's agent.

For the Mayor and Council public hearing, the legally-required advertisement was published in the Sentinel and Gazette as required. In addition, the City Clerk sent written notification to all property owners within a 750-foot radius of the property. Public comment received to date are attached (see Attachment I.)


Boards and Commissions Review
The Historic District Commission reviewed the staff report at its April 16th meeting, and heard from local residents about their concerns with demolition of this property. The HDC requested staff to follow-up on the information provided through public testimony, and continued the hearing to the next meeting (See minutes in Attachments C and D). At the May 21st meeting, the HDC reviewed new materials supplied by staff concerning the associations with the property and its integrity.

The HDC indicated that the changes over time were consistent with the history of Lincoln Park, and that this structure exemplified the cultural and historical heritage of this African-American community (Criterion I-C). The HDC heard additional public testimony about residents' concerns with the proposed demolition, and neighborhood support for recognition of the building's historic significance. After due consideration of the facts before them, the Historic District Commission voted to recommend the change in zoning, based on Criterion I-C: That the property exemplifies the cultural, economic, social, political and historic heritage of the City, and of Lincoln Park in particular (See Attachments E and F).

The Planning Commission reviewed the proposed zoning change at the September 23, 2009 meeting, and found that the Map Amendment for historic designation would comply with the relevant master plans (See Attachments G and H).

Fiscal Impact
There is no fiscal impact associated with this agenda item.

Next Steps
Staff recommends that the Mayor and Council close the Public Record on October 16, 2009. Discussion and Instructions to staff would be scheduled for October 26, 2009.

Attachments


Attach A April 16 Staff Report.pdf

Attach B  May 21 Staff Report.pdf

Attach C   HDC Minutes 4-16-09.pdf

Attach D  HDC Minutes 5-21-09.pdf

Attach E   Evaluation of Significance - HDC.pdf

Attach F   HDC Recommendation to M&C.pdf

Attach G   Staff Report to PC.pdf

Attach H  PC RECOMMENDATION TO M&C.pdf

Attach I Public Comment.pdf





Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 10/01/2009

Assistant City Manager:


Jenny Kimball, Assistant City Manager
Approved on: 10/02/2009

City Manager:

Scott Ullery, City Manager
Approved on: 10/04/2009