Recommendation
The ordinance has been amended to correct language in the 2nd recital on page 2. If the Mayor and Council find the change to the ordinance acceptable, a motion to amend the ordinance as modified should be made, seconded and passed and then the ordinance as so amended may proceed to adoption.

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 companion 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 modifications 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 15 worksessions were held between July and October to review the testimony received. Staff has incorporated the direction provided by the Mayor and Council at those sessions and the Discussion and Instruction session.

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.

At its meeting on November 17, 2008 the Mayor and Council instructed the staff to make final changes in the text of the revised zoning ordinance and prepare ordinances to adopt the revised zoning ordinance and comprehensive zoning map. The proposed ordinances provide that the effective date of the new zoning ordinance and zoning map be 90 days from the date of adoption, or March 16, 2009. This will allow time to complete related tasks, which include: Preparing new application forms; preparing a new development procedures manual; conforming other portions of the City Code that reference the zoning ordinance; revising the official zoning maps; adoption of a new development application fee schedule; developing a fee-in-lieu process to administer the public open space requirements of the new ordinance; and updating the City web site.

In order to administer the development provisions of the revised zoning ordinance, a Landscaping, Screening and Lighting Manual has been prepared to provide the guidelines and standards for these items. This manual is separate from the Zoning Ordinance and is to be adopted by resolution along with the revised ordinance and comprehensive rezoning.

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. Additional worksessions on the revisions were held on September 11, 22, October 2, October 6, and October 14, 2008. The Mayor and Council gave final instructions to the staff on November 17, and directed that ordinances and resolution be prepared for introduction and action. The ordinances were introduced at the meeting on December 8, 2008. The changes shown on the Eratta Sheet handout on December 8th have been incorporated in this document (see Attachment A).

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. On September 11, 2008, the Mayor and Council voted to re-open the public hearing record to accept additional testimony and comments on the final draft ordinance. The record closed with the close of business on Friday, November 14. Final comments received between the preparation of the agenda item and November 14 were reviewed at the Discussion and Instruction meeting on November 17, 2008.

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 particularly for enforcement activities. New software may also be required in the future.

Attachments
Attachment A - Ordinance Text

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 12/10/2008

City Manager:

Scott Ullery, City Manager
Approved on: 12/10/2008