Mayor and Council



   For the meeting on:

  November 5, 2012
   Department:   Community Planning and Development Services
   Division:  Planning
   Responsible staff:  Deane Mellander, Zoning Administrator
  phone: (240) 314 - 8224
  DMellander@rockvillemd.gov


Subject
Authorization to File Zoning Text Amendment to amend Site Plan Procedures

Recommendation
Authorize Filing of Zoning Text Amendment (See Attachment A).

Change in Law or Policy
The proposed text amendment would revise Sec. 25.07.02 of the Zoning Ordinance to amend the procedures for the filing and processing of site plan applications in the Town Center Performance District. It would also revise Sec. 25.07.03 to require notice of the filing with all of the City's civic associations and homeowners associations.

Discussion
On October 8, 2012, the Mayor and Council discussed possible options for the processing of site plan applications in the Town Center area. As a result of the discussion, the Mayor and Council directed staff to prepare a text amendment for introduction that would include the following:

  • Require all site plan applications within the Town Center Performance District to be reviewed and acted on by the Planning Commission, including the Level 1 site plans that are acted on by the Chief of Planning. Project Plans would continue to be reviewed and acted on by the Mayor and Council, with Planning Commission recommendation.
  • In addition, in the case of any Site Plan or Project Plan application, notice must be provided to all civic associations and homeowners associations in the City.

The draft text amendment (Attachment A) has been prepared by staff to implement these proposed revisions. In addition, staff has made some proposed technical clarification revisions to the points table. The proposed revisions to Sec. 25.07.02.b are:
  1. Revise the language for the Residential Area Impact under the 1 Point column to read the same as the language in the other columns for consistency.
  2. Include the cumulative point total and corresponding levels of review at the bottom of the table.
  3. Revise the wording in the lower right corner box of the table to indicate the Cumulative Point Total and provide clarification in subsection 2 regarding modifications to existing development.
  4. Add a new subsection 3 which requires any new project application with between 1 and 15 points and within the Town Center Performance District (boundaries shown on Attachment B) to be reviewed by the Planning Commission. Major modifications to existing development will continue to be reviewed by the original Approving Authority. The Mayor and Council will continue to review and act on Project Plan applications for applications with 16 or more points.
  5. Under Sec. 25.07.02.c, Site Plan Level of Review, the Level 1 provision is amended to refer to the new subsection 3 language concerning projects in the Town Center Performance District.
  6. Under Sec. 25.07.03, Notice Required; Procedure, new language is added that requires any Level 2 or Project Plan application to have electronic notice provided to all of the civic associations and homeowners associations within the City.

Items 1-3 above are technical clarifications, while items 4-6 address the direction of the Mayor and Council. In the case of the notice requirement, the notification of all of the City's civic organizations is in addition to the notice requirement that the applicant has to fulfill depending on the project level. The City maintains a listserv of the civic organizations for providing the Citywide notice. The City depends on these associations to keep their mailing and electronic contact information up-to-date, so the listserv may not be 100% accurate.

Mayor and Council History
The Mayor and Council initially discussed this issue at the meeting on October 8, 2012 and directed the staff to prepare a text amendment for consideration.

Boards and Commissions Review
Once filed, the proposed text amendment will be considered by the Planning Commission for its review and recommendation.

Next Steps
The Planning Commission review is tentatively scheduled for December 12, with the public hearing before the Mayor and Council on January 7, 2013.

Attachments
Attachment A - Proposed text amendment
Final Draft Text Amendment 11-1-12 AttachA.pdfFinal Draft Text Amendment 11-1-12 AttachA.pdf

Attachment B - Town Center Performance District
Rockville Town Center borders.JPGRockville Town Center borders.JPG

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 10/26/2012

City Manager:

Barbara B. Matthews, City Manager
Approved on: 11/01/2012