Subject
title
Discussion, Instructions and Possible Adoption of an Ordinance to Grant Zoning Text Amendment Application TXT2024-00266, to Amend Article 14 to Establish a Process to Revise 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 discuss the proposed Zoning Text Amendment (ZTA) ordinance (Attachment A) and provide instructions to staff on the next steps for the proposed amendment.
If the Mayor and Council wish to adopt the ordinance at this meeting, the ordinance must be introduced and the layover period must be waived by the Mayor and Council. Waiving the layover period requires an affirmative vote by at least six (6) members. Once the motion to waive the layover period passes, the Mayor and Council may proceed to adopt the ordinance.
Staff recommends adoption of the zoning text amendment as presented in this report.
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 or sectional map amendment application to bring the neighborhood conservation district overlay zone into conformance with the amended neighborhood conservation plan.
Discussion
The Lincoln Park neighborhood is located within the city’s only neighborhood conservation district, which imposes various design requirements. 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.” 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 doing this.
The existing neighborhood conservation plan must be amended to move forward with the Lincoln Park Design Guidelines project. With this process established, the Lincoln Park Conservation District Plan may be amended to possibly incorporate the Lincoln Park Design Guidelines. However, 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. Additional information on the design guidelines can be found in the associated staff report within this same meeting agenda.
Background
In 2007, the Lincoln Park Conservation District Plan <https://www.rockvillemd.gov/DocumentCenter/View/907/Lincoln-Park-Conservation-District-Plan?bidId=> and Neighborhood Conservation District Overlay Zone to implement the plan 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 most of the Lincoln Park neighborhood is R-60 (Single-Family Detached, Residential), which provides development requirements primarily for houses such as setbacks, height, and building coverage among other additional standards. R-60 zoning has been applicable to most of the 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.
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 application to be filed.
On July 8, the Mayor and Council held a public hearing to receive feedback on the proposed zoning text amendment. There was no written testimony provided and no speakers at the public hearing. However, the Mayor and Council did leave the public record open to allow additional public feedback to be provided. As of the writing of this report, staff has not received any public comments on the subject text amendment.
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. Details on the outreach efforts for the design guidelines can be found in the associated staff report within this same meeting agenda.
As required by Sec. 25.06.02 of the Zoning Ordinance, all required public notifications, including for public hearings before the Planning Commission and Mayor and Council, have been completed for this zoning text amendment.
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 B).