Recommendation
Receive a briefing on the Planning Commission's recommended modifications to the RORZOR draft zoning ordinance and map amendment in preparation for the Public Hearing beginning on June 16. Consider options for modifying or extending the development moratorium.

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 October 8, 2007 the Mayor and Council authorized the filing of zoning text amendment TXT2007-00219 for a comprehensive revision to Chapter 25 of the City Code (the Zoning Ordinance). The Mayor and Council also authorized the filing of a comprehensive map amendment (MAP2007-00101) for the purpose of implementing the revisions to the zoning map proposed by the comprehensive text amendment.

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. Much testimony was provided both at the hearings and via written comments submitted for the record. 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. These documents, along with the Planning Commission's recommendation memorandum were transmitted to the Mayor and Council on May 30, 2008. 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.

The Mayor and Council public hearings on the proposed zoning ordinance and map are scheduled for June 16 and June 30, 2008.

Proposed Schedule

The suggested schedule for Mayor and Council review and action on the zoning ordinance and map is as follows:

June 16, 2008: Commence public hearing. Potential action on moratorium extension.

June 30, 2008: Conclude public hearing.

July 7, 2008: Joint worksession with Planning Commission: opportunity for dialogue with Commission
on issues of concern and changes made to the draft by the Planning Commission

July 9, 2008: Commence Discussion and Instructions to Staff on public hearing issues.

July 11, 2008: Close public hearing record for written comments.

July 14, 2008: Continue Discussion and Instructions to Staff. Potential discussion topics: HBBEs,
mansionization; public hearing issues.

July 16, 2008: Further Discussion and Instruction: Potential discussion topics: Planned Development Zones; Park Zone

July 21, 2008: Further Discussion and Instructions to Staff. Potential discussion topics: Mixed-use zones and development standards; Nonconformities and grandfathering; other public hearing issues.

August 4, 2008: Introduce and Adopt Comprehensive Amendment to the Zoning Ordinance and
Comprehensive Map Amendment.

This schedule is predicated on the expectation that the Planning Commission modifications have
addressed many of the major issues that were raised regarding the initial draft proposed by the RORZOR Committee. Should other major issues be raised at the public hearing before the Mayor and Council that require further consideration, the schedule may have to be changed by adding worksessions in July or by extending the action date beyond August 4.

Items Needing Further Consideration

A considerable amount of effort by the Planning Commission has gone into addressing issues of concern that have been raised by the public, including addressing issues related to the new mixed-use development standards, Home Based Business Enterprises (HBBEs), and others, as noted in the Planning Commission’s recommendation to the Mayor and Council (Attachment A). However, staff has also identified the following items from a practical perspective that require further consideration by the Mayor and Council. Among these are:

• Impervious surface limitations in residential areas. Staff remains concerned that impervious surface limits will create additional nonconformities for those residential properties that do not meet these regulations. In addition, implementation of this limitation will require that impervious surfaces on individual residential lots be documented when permits are submitted for these properties. It may also require permits for items that do not currently require permits, including patios and sidewalks, in order to ensure that properties remain compliant when any type of improvement.

• Lack of grandfathering in single family detached zones. The Planning Commission draft now essentially grandfathers existing development in the new mixed-use zones, as much of the existing construction would not comply with the new development standards. The same protection has not been given to residential zones, where some of the residential structures would not meet with the new development standards that relate that address mansionization issues.

• Mapping of the Park zone. The proposed zoning map shows the park zone mapped on MCPS school sites, which is opposed by MCPS. Also, within the PD (Planned Development) zones, concerns have been expressed about the wisdom of mapping the Park zone within the PD zone areas, as being contrary to the intent of the PD zones.
• Public Use Space in Mixed-Use Zones. There needs to be clarification of the circumstances under which the fee-in-lieu process may be used as an alternative to providing the required public use space on the development site.
• Residential Lots Below Street Grade. Public Works staff is concerned about construction on lots which slope down from the street grade. They prefer that the lots be at or somewhat above the street grade for stormwater drainage. This is in conflict with the requirement in the draft ordinance that the height of the house be measured from the pre-existing grade on the lot.
• Rockville Pike Plan. The draft Rockville Pike Plan may recommend a different zoning pattern for the plan's study area. In order to avoid confusion and complexity, it may be necessary to exclude the Pike area from the proposed rezoning and continue the development moratorium in this area until the form-based code is adopted. This would allow the corridor to be rezoned only once.

• Special exceptions that do not require approval of a site plan, or are to be conducted in an existing building. Use Permits that are to be conducted in an existing building might also be considered;
• Variance applications that would not violate any provisions of the recommended ordinance; and
• Applications for minor subdivisions. Minor subdivisions involve the creation of three lots or less through the Final Record Plat process.

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.

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 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. The Board of Appeals, Environment Commission and Historic District Commission also conducted extensive reviews and provided comments to the Planning Commission.

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

Next Steps
The public hearing on the final draft zoning ordinance and proposed comprehensive zoning will begin on June 16, 2008 and continue on June 30. Following the close of the public hearing record, Discussion and Instruction sessions will begin review of the public testimony. In addition, there will need to be action on the moratorium, consideration of a revised fee schedule, and conforming amendments to other sections of the City code.

Attachments
AttachA - Planning Commission Memorandum of May 21, 2008



Planning Commission recommended draft zoning ordinance and map available at http://www.rockvillemd.gov/zoning/

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 06/04/2008

City Manager:

Scott Ullery, City Manager
Approved on: 06/06/2008