Mayor and Council



   For the meeting on:

  September 22, 2008
   Department:   Community Planning and Development Services
   Division:  Planning
   Responsible staff:  Deane Mellander, Planner III
  phone: (240) 314 - 8224
  dmellander@rockvillemd.gov


Subject
Worksession on Proposed Modifications to draft Zoning Ordinance: Text Amendment TXT2007-00219, Comprehensive Review of the Zoning Ordinance, and Map Amendment MAP2007-00101, Comprehensive Map Amendment

Recommendation
Hold Worksession

Change in Law or Policy
The proposed revisions to the zoning ordinance will substantially change the zoning pattern and development approval processes in the City. The comprehensive map amendment will apply the new zones proposed in the draft zoning ordinance, replacing many of the existing zones.

Discussion
On January 23 and January 30, 2008 the City Planning Commission held a public hearing on the RORZOR- proposed draft zoning ordinance and proposed map amendment. The Planning Commission began worksessions on the testimony received on February 27, 2008. The Commission completed its review and recommended the modifications shown to the draft zoning ordinance and zoning map by a vote of 7-0, on May 21, 2008.

The Mayor and Council held a public hearing on the final draft revised zoning ordinance and the comprehensive map amendment on June 16 and June 30, 2008. A series of ten worksessions were held subsequent to the public hearing. Staff has been working since the worksessions concluded to incorporate the direction provided by the Mayor and Council at those sessions. This discussion will provide the opportunity for the Mayor and Council to review the revised draft of the Zoning Ordinance reflecting the Mayor and Council's discussion at the worksessions held in July and August.

The Mayor and Council's discussion involved a number of issues, including appropriate regulations for home-based business enterprises; development standards for single family homes in the R-60, R-75 and R-90 Zones to address mansionization concerns as well as those for accessory buildings in residential zones; design guidelines and development standards for the recommended mixed-use zones, including public use space requirements; mapping issues for various parcels including local neighborhood shopping centers; revised development review procedures; addressing potential nonconformities created by new zones and development standards; how existing Planned Developments are addressed by the new Ordinance; and parking facilities and associated design standards, among others. Staff will discuss the recommended changes to the draft Ordinance to address the issues raised, and will detail those changes that have been recommended by various staff members in their review of the recommended draft.

Mayor and Council History
The Mayor and Council held a number of worksessions with staff in 2005 and 2006 on the various aspects of the code that should be reviewed and revised, as well as major policy areas. In early 2006, the Mayor and Council appointed the RORZOR (Representatives of Rockville Zoning Ordinance Review) Committee to assist the staff in drafting the revised ordinance. The RORZOR Committee consisted of members of the Mayor and Council, the Planning Commission, the Board of Appeals, citizens and a member of the development community. The Mayor and Council authorized the filing of the RORZOR Committee's draft text amendment and comprehensive map amendment on October 8, 2007.

The Mayor and Council were briefed on June 9, 2008 on the modifications to the text recommended by the Planning Commission. On June 16 and June 30, 2008 the Mayor and Council conducted a public hearing on the final draft zoning ordinance and comprehensive zoning map. Worksessions were held on July 7, July 9, July 14, July 16, July 19, July 21, July 22, July 28, July 30 and August 4, 2008. The staff presented the revised final draft ordinance to the Mayor and Council with proposed text and map changes on September 8, 2008. A worksession on the revisions was held on September 11, 2008.

Public Notification and Engagement
Extensive public outreach was conducted between the time of the authorization to file and the public hearings before the Planning Commission in January, 2008. This included articles in Rockville Reports, meetings with various civic associations, and three public forums. Public notice of the hearings before the Mayor and Council have been published in the local newspaper. In addition, information on the zoning review process has been posted on the City's web site and information has been broadcast on the Rockville Channel.

Boards and Commissions Review
The Planning Commission held public hearings on the preliminary draft zoning ordinance and proposed zoning map, as recommended by the RORZOR committee, on January 23 and January 30, 2008. The Commission held numerous worksessions to review the submitted public testimony. By a vote of 7-0, the Commission approved the final draft zoning ordinance and zoning map with modifications on May 21, 2008, and forwarded it to the Mayor and Council for review and adoption. In addition, two charts showing the Planning Commission public record were also transmitted to the Mayor and Council for their information. These charts include a summary of the written comments, responses by staff, and the Planning Commission response/recommendation based on the staff comments. These documents, along with the Planning Commission's recommendation memorandum were transmitted to the Mayor and Council on May 30, 2008.

Fiscal Impact
Changes in development regulations have both positive and negative impacts on property values. Some of the new provisions in the current draft of the Zoning Ordinance could increase staffing needs, including the new notification and home-based business requirements. New software may also be required.

Next Steps
Detailed review and discussion of the modified draft Zoning Ordinance will continue during September, including a review of issues discussed by the Mayor and Council and those raised by the public. Additional worksessions will be scheduled to complete review of the final draft. Adoption is expected in late October.

Attachments
AttachA - Revised Summary of Public Testimony
[Attach A9-22 Summary.pdf

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 09/16/2008

City Manager:

Scott Ullery, City Manager
Approved on: 09/16/2008