Recommendation
Authorize filing and set a public hearing for December 7, 2009.

Change in Law or Policy
The purpose of the proposed text amendment is two-fold: (1) to further refine what is an acceptable form of public use space in relation to different development types, and (2) to clarify the application of the public use space requirement as it relates to expansions of existing development.

Discussion
The proposed zoning text amendment (Attachment A) further refines the definition of public use space found in Section 25.03.02 of the Zoning Ordinance, as well as Section 25.17.01, General Requirements, for the purpose of establishing what constitutes public use space for different development types, e.g., residential, mixed-use, office, industrial, etc. This refinement is recommended to allow office and industrial sites to get credit for "park-like" spaces for employees where public accessibility is not practical.

The proposed text amendment recognizes the realities of a built out community such as Rockville and is based upon six months of experience administering the new Ordinance. Development projects in existence or approved prior to the effective date of the Zoning Ordinance (March 16, 2009) were not required to provide public use space. Applying the 20% public space requirement across projects of all types and sizes can have the unintended consequence of requiring a retrofit of the whole site, when the project originally entailed only a minor addition or improvement. The problem is exacerbated on already developed sites with space constraints.

Small building expansions up to 50 percent of the existing gross floor area are already exempt pursuant to Section 25.08.07 c (25.08.07 d., as amended) of the Zoning Ordinance. However, expansions exceeding 50 percent of the existing gross floor area must provide public use space proportionate to the percentage of building expansion, up to the required 20 percent public use space requirement. For example, a 75 percent increase in the existing gross floor area requires a 15% provision of public use space (that is, 15% of the 20% public use space requirement). If the building expansion exceeds 100 percent of the gross floor area, then the full public use space requirement must be met. The public use space requirement may be met on-site, or via the fee in lieu, if approved by the approving authority.

Mayor and Council History
This is the first time this item has been brought before the Mayor and Council.

Public Notification and Engagement
Pursuant to State law, notification of the amendment will be published in a newspaper of general circulation once the application is officially filed. Additionally, notice will be provided via mail to all civic associations, homeowner's associations, and other interested parties.

Boards and Commissions Review
If authorized, the proposed text amendment will be reviewed by the Planning Commission prior to the public hearing before the Mayor and Council.

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

Next Steps

• November 4 - Planning Commission Review and Recommendation
• December 7 - Mayor and Council Public Hearing
• December 14 - Mayor and Council Discussion and Instructions to Staff (D&I)
• TBD - Mayor and Council Introduction and Adoption of Ordinance

Attachments

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 09/30/2009

Assistant City Manager:


Jenny Kimball, Assistant City Manager
Approved on: 10/01/2009

City Manager:

Scott Ullery, City Manager
Approved on: 10/01/2009