Recommendation
Introduce Ordinance

Change in Law or Policy
The proposed zoning text amendment (ZTA) would extend the implementation period for approved development projects that may expire in the near future. The proposed language would extend the timeframe until June 30, 2012 for site plans, use permits, project plans, detailed applications and special exceptions that have been approved and are valid as of June 30, 2010.

Discussion
The Mayor and Council reviewed the testimony and exhibits from the public hearing at the Discussion and Instruction session on June 7, 2010. Based on that review, the Council instructed the staff to prepare an ordinance to approve the revised text amendment with one modification. The modification deletes the last sentence in new Section 25.07.16, referring to projects pending as of June 30, 2010 but not approved. As such, the text amendment will toll all projects that have been approved as of June 30 for two years. The ordinance for introduction is shown as Attachment A.

Mayor and Council History
The Mayor and Council authorized the filing of this text amendment at its meeting on March 15, 2010. A public hearing was held before the Mayor and Council on May 24, 2010. Discussion and Instruction was held on June 7, at which time the Mayor and Council reviewed public hearing testimony and directed the staff to prepare an ordinance for introduction and adoption.

Public Notification and Engagement
Letters were sent to the owners of all property affected by the text amendment, and to law firms that typically represent development applicants in the City. Notice was also sent via list-serve to the civic associations and homeowner's associations. The public hearing was also advertised for two weeks prior to the hearing in a newspaper of general circulation (The Gazette).

Boards and Commissions Review
The Planning Commission reviewed the proposed text amendment at its meeting on April 28, 2010. Two attorneys who represent commercial interests and the Rockville Chamber of Commerce testified in support of the ZTA. After discussion, the Commission voted 4-3, with Commissioners Hill, Ostell and Trahan opposed, to recommend approval of the text amendment with the minor modifications recommended by the staff.

Next Steps
Adoption of the proposed ordinance is scheduled for June 21, 2010.

Attachments
Attachment A - Proposed Ordinance

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 06/08/2010

City Manager:

Scott Ullery, City Manager
Approved on: 06/09/2010