
Subject
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Public Hearing on Zoning Text Amendment TXT2024-00266, to Amend Article 14 of the Zoning Ordinance to Establish a Process to Amend Neighborhood Conservation Districts; Mayor and Council of Rockville, Applicant
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Department
CPDS - Zoning Review & Other

Recommendation
Staff recommends that the Mayor and Council hold a public hearing on the proposed Zoning Text Amendment (ZTA) and receive public comments.

Change in Law or Policy
The proposed text amendment would allow an adopted neighborhood conservation plan to be amended under the procedures established for preparing and adopting a master plan. Upon adoption of an amended neighborhood conservation district plan, the Mayor and Council would be authorized to file a text amendment application to bring the neighborhood conservation district overlay zone into conformance with the amended neighborhood conservation plan.

Discussion
The Planning Area 6 (Lincoln Park) chapter of the Rockville 2040 Comprehensive Plan, adopted in 2021, includes an action to “Review the existing 2007 Lincoln Park Neighborhood Conservation District (LPNCD) standards to determine whether updates or amendments are warranted.” Given this action item and the recent passage of the East Rockville Design Guidelines in February 2021, the Mayor and Council approved funding for a consultant to develop design guidelines for the West End and Lincoln Park neighborhoods in the FY2022 budget. Since then, staff has been working with the Lincoln Park community to create neighborhood design guidelines.
The Lincoln Park neighborhood is already located within the city’s lone neighborhood conservation district, which imposes design requirements on single-unit detached homes. The existing neighborhood conservation district plan must be amended to move forward with the Lincoln Park Design Guidelines project. However, there is currently no method in the zoning ordinance for amending a neighborhood conservation district plan. This zoning text amendment would create a process for amending a neighborhood conservation district plan. With this process established, the District Plan may be amended to possibly incorporate the Lincoln Park Design Guidelines.
Background
According to our zoning ordinance, neighborhood conservation district zones are overlay zones intended to provide a vehicle to implement programs for the revitalization or conservation of older areas or districts. These areas within the city may possess distinctive features, identity, or character worthy of retention and enhancement. A neighborhood conservation district is established through the adoption of 1) a neighborhood conservation plan and 2) a neighborhood conservation district overlay zone.
In 2007, the Lincoln Park Conservation District Plan and Neighborhood Conservation District Overlay Zone were established as a preservation strategy for the neighborhood. The conservation district plan was produced from recommendations of the Lincoln Park Neighborhood Plan, also adopted in 2007. The plan identified characteristics such as site design, setbacks, driveways, walkways, and the way a structure is sited on a lot as common elements of the neighborhood that should be preserved. As a result, the plan established new development standards for the neighborhood that included requirements for lots, streets, building height, lot coverage, and front yard setbacks, among others.
To formally implement these new residential standards, the conservation district was adopted in the form of an overlay zone during the 2009 comprehensive update of the city’s Zoning Ordinance and Zoning Map. An overlay zone provides zoning requirements for a specified area in addition to an area’s base zoning. The “base” or primary zoning for the Lincoln Park neighborhood is R-60 (Single-Family Detached, Residential), which provides development requirements primarily for homes such as setbacks, height, and building coverage among other additional standards. R-60 zoning has been applicable to most of the Lincoln Park neighborhood since at least the 1950s.
Since their implementation in 2009, the conservation district’s standards have proven to be outdated and have resulted in unintended issues for residents wishing to receive a building permit for their property, leading to certain neighbors’ desires for updated design guidelines. As expressed by some residents, the conservation district requirements have not fully achieved their intent of preserving the existing look and feel of the community.
Following the adoption of the 2007 Lincoln Park Neighborhood Conservation District Plan (Attachment B), the Planning Commission recommended, and the Mayor and Council adopted revised regulations regarding the process to establish any new conservation districts in the city. These new regulations are more restricted and limit any new conservation district from being established with 40% support from the property owners needed to initiate and 85% of the property owners to support it prior to Mayor and Council approval.
Lincoln Park Design Guidelines Project
Although not the subject of this text amendment, the following is background on this project. This project will be reviewed separately at a future date. During the creation of the Rockville 2040 Comprehensive Plan, adopted in 2021, Lincoln Park residents voiced concerns about how some new homes and additions have impacted the neighborhood. They expressed interest in reviewing existing development regulations in the Lincoln Park Neighborhood Conservation District (LPNCD) to identify changes or improvements needed. In 2021, the City began a project to develop residential design standards and guidelines for detached homes within the Lincoln Park neighborhood based on the input of residents and property owners.
The purpose of the Lincoln Park Design Guidelines project is to establish a clear set of expectations and a predictable review framework for residents, design professionals, contractors, City staff, and officials when designing and reviewing a new detached home or an addition to an existing home. If approved, compliance with the design guidelines would be required for a building permit to be issued for the construction of, a significant renovation to, or an addition to a single-unit detached dwelling. The goals of the project are as follows:
• To conserve and strengthen the unique identity and sense of place that exists among residents in the neighborhood;
• To promote complementary and context-sensitive development between new and existing structures, while also allowing creative design; and
• To maintain and enhance a walkable and pedestrian-friendly environment
The third draft of the Lincoln Park Design guidelines was published on June 7, 2024, and a public meeting was held on June 25, 2024. Staff is seeking public comments and will incorporate feedback into a revised draft of the guidelines to be presented to the Planning Commission and Mayor and Council for review and decision.
The proposed zoning text amendment does not adopt the Lincoln Park Design Guidelines - it only provides a mechanism for amending neighborhood conservation districts, which is needed regardless of the Lincoln Park Design Guidelines project. However, the Lincoln Park Design Guidelines will not be able to be formally adopted until there is a process for amending the neighborhood conservation district plans.

Mayor and Council History
This item was initially introduced to the Mayor and Council at a briefing on January 8, 2024. At the meeting, the Mayor and Council authorized this zoning text amendment to be filed.

Public Notification and Engagement
There has been significant outreach as part of the design guidelines project and information has been provided to the public regarding the need for this ZTA prior to the review process for the design guideline project. The following is an overview of the outreach associated with this project.
As a part of the process to create design guidelines for Lincoln Park, staff has engaged in outreach to the neighborhood, beginning in September 2022. This has included:
• A walking tour of the Lincoln Park neighborhood, with the Lincoln Park Civic Association;
• Stakeholder interviews with community members and leaders;
• Five public meetings, four of which had postcard notifications sent to every resident and property owner in the neighborhood;
• Eight advisory committee meetings;
• A voluntary survey posted online and at the Lincoln Park Community Center;
• A comment portal on the first and second drafts of the design guidelines, posted online and at the Lincoln Park Community Center; and
• A letter was sent to all residents and property owners regarding the project and the ability to comment on the first draft of the design guidelines, which included a reference to the Lincoln Park Conservation District.

Boards and Commissions Review
The Planning Commission was briefed on the proposed text amendment on February 7, 2024. On March 13, 2024, the Commission voted unanimously to recommend approval of the text amendment as indicated in their memo to the Mayor and Council (Attachment C).

Next Steps
This meeting will be followed by a discussion, introduction, and possible approval meeting by the Mayor and Council, which has tentatively been scheduled for July 29, 2024.
