Subject
title
Discussion and Instruction and Possible Introduction and Possible Adoption of an Ordinance granting Sectional Map Amendment Application MAP2024-00125, to designate 4 Courthouse Square within the Courthouse Square Historic District by rezoning the property from MXTD to MXTD HD (Historic District).
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Department
CPDS - Comprehensive Planning
Recommendation
Staff and the Historic District Commission recommend that the Mayor and Council introduce the ordinance designating 4 Courthouse Square within the Courthouse Square Historic District.
If the Mayor and Council wish to proceed with adoption of the ordinance at the same meeting, the ordinance should first be introduced and then a motion should be made to waive the layover period. If the motion to waive the layover period is approved by an affirmative vote of six or more members of the Mayor and Council, a motion to adopt the ordinance may then proceed.
Discussion
PUBLIC HEARING
The Mayor and Council held a public hearing on this Map Amendment on May 20, 2024. At the meeting, nine individuals testified on the matter. Eight individuals testified in support of designation. One individual testified against the designation of the property. Those testifying in favor of designation referenced the building’s status as the last Art Deco building in Rockville; the building’s place on the National Register of Historic Places; the public interest in retaining the bank as expressed in past planning efforts; the history and sense of place evoked from the building; the building’s survival of the urban renewal efforts in Town Center in the late 1960s and early 1970s; and personal anecdotes about themselves or family members doing business in the building. Those testifying against designation referenced the lack of property owner consent to the nomination; the desire to preserve maximum flexibility for the future reuse of the property; and this designation setting a precedent as many other commercial buildings in Rockville are approaching the 50-year period of significance.
Following public testimony on the Map Amendment, staff answered several questions from the Mayor and Council. A summary of that dialogue is provided below:
• Is the building still for sale? To staff’s knowledge, the building is still for sale and that negotiations may be underway with a potential buyer.
• Does the proposed demolition of a building need to come before the Historic District Commission? Yes, proposed demolitions of any building within Rockville, designated or not, must undergo an evaluation of significance by the HDC prior to demolition.
• What is the process for community outreach for this meeting? Postcards were mailed out to all properties within 750 feet, including any community groups or organizations within that distance. More extensive engagement efforts, such as those used for the Town Center Master Plan were not utilized for this project.
• If a building is not designated but is proposed for demolition, what evaluation criteria are used for the evaluation of significance? The criteria for historic significance are the same for designation as well as demolition, so a building would be reviewed by the same criteria for historic or architectural, design and landscape significance.
• There have been contradicting statements about the Planning Commission’s support of this application. Please summarize the discussion before the Planning Commission. The Planning Commission’s job is to evaluate if the Map Amendment is consistent with the Comprehensive Plan and meets the purpose of the historic district zone. During discussion, the Planning Commission discussed concerns that historic designation may limit the economic potential and possibilities for reuse or alterations to the property and asked that notes from their discussion be transmitted to the Mayor and Council, which is included in the agenda packet. Ultimately, the Planning Commission focused on their role and unanimously voted that the Map Amendment is consistent with the Comprehensive Plan and meets the historic district zone purpose.
• Was the HDC unanimous in support of designation? Yes, they found the property met four of the nine criteria warranting designation.
• Would alterations to increase the height of the building be allowed? Yes, this happens frequently with historic buildings. Designated properties must receive HDC approval before making alterations, but assuming a proposal for alterations retains the historic character, it would likely be approved by the HDC. It is possible to add an addition to a building in a way that still preserves its historic character.
• What is the size of the parcel? 0.11 acres.
Beyond the oral testimony provided on May 20, 19 pieces of written testimony were submitted to the public record ahead of the meeting, all of which were in support of designation. As of the date of this report, two additional pieces of testimony have been received, both of which are in support of designation.
At the May 20 meeting, the Mayor and Council agreed to hold the public record open until June 3. As a result, it is possible that additional public testimony is received after this staff report has been published. Staff will provide the Mayor and Council with a summary of all public testimony received on the Map Amendment during the June 10 meeting.
The following portion is the same as the public hearing report.
BACKGROUND AND SUMMARY
The Farmer’s Banking and Trust Building, located at 4 Courthouse Square, was listed in the National Register of Historic Places as part of the Montgomery County Courthouse National Register Historic District in 1986. The Courthouse Square Historic District, a City of Rockville local historic district designated in 1979, includes the 1891 Red Brick Courthouse, the 1931 Grey Courthouse, and the 1938 Post Office. However, the subject building at 4 Courthouse Square was not included within the local historic district boundaries and is therefore not locally designated.
At the October 19, 2023, Historic District Commission (HDC) meeting, Peerless Rockville Preservation, a nonprofit, community-based organization founded in 1974 to preserve buildings, objects, and information important to Rockville’s heritage, requested the HDC consider expanding the boundaries of the Courthouse Square Historic District to include the bank building. Expanding the boundaries would require local designation of the bank. At their November 16, 2023 meeting, the HDC voted to file an application nominating the property for local historic designation. The Nomination of Property for Local Historic Designation Application was filed on December 15, 2023. The HDC qualifies under category (ii) of those entitled to file an application in accordance with Section 25.14.01.d of the City Code as indicated below.
1. Initiation of process. The process of evaluating a property for possible historic nomination application is filed by a person other than the property owner, the person making the nomination must provide notice of the nomination by first-class mail to the property owner at the time of application. A copy of the notice must also be provided to the Historic District Commission.
(a) The filing of an application nominating the property for historic designation by one (1) or more of the following:
(i) The property owner;
(ii) The Historic District Commission;
(iii) The Mayor and Council;
(iv) The Planning Commission; or
(v) Any other person.
A Significance Statement from the HDC, a concise statement of the facts and circumstances upon which the HDC justified their reason for the reclassification of the property into the Historic District zone, is included in Attachment A.
On January 18, 2024, Rockville’s HDC conducted an Evaluation of Significance to determine whether to recommend that the Mayor and Council designate the property for historic designation. After the staff presentation, the HDC also received oral public testimony in support of the designation from the following individuals: Deborah Chalfie, Preservation Chair of the Art Deco Society of Washington; Eileen McGuckian; Margaret Magner, Chair of the West End Citizens Association; and Nancy Pickard, Executive Director of Peerless Rockville. The HDC also received 34 written testimonies from members of the public: 33 in support and one against historic designation. Howard Block, an M&T Bank representative, attended the January 18 meeting but did not indicate the bank’s position on the nomination. Written public testimony submitted regarding the bank building is included in the HDC Staff Report (see Attachment B).
After deliberation, the HDC voted 5-0 in favor of recommending a historic designation for this property. The HDC’s support for historic designation was based on its finding that the following four of the adopted criteria for a historic designation were met:
Historic Significance
a) Represents the development, heritage, or cultural characteristics of the City.
The Farmers Banking and Trust Building represents almost a century of banking activity in Rockville. It provided capital to residents and businesses and assisted local government with projects and fiscal management. It is one of the few commercial buildings to survive Rockville’s urban renewal.
Architectural, Design, and Landscape Significance Criteria:
a) Embodies distinctive characteristics of a type, period, or method of construction.
Farmers Banking and Trust Building is the only remaining Art Deco structure in the City
of Rockville.
b) Represents a significant architectural, design, or landscape entity in the City.
As the last remaining Art Deco building in the City, the architecture is a significant
entity within the City of Rockville.
c) Represents an established visual feature of the neighborhood or City because of its physical
characteristics or landscape components.
The building is an established visual feature that has stood at this corner for nearly 100 years. It is the last remaining commercial building of what was once Rockville’s main business district. It is unique in its monumental architecture and design.
Accordingly, the HDC authorized the filing of a Sectional Map Amendment to place the property in the Historic District (HD) overlay zone, per Section 25.14.01.d.3 of the Zoning Ordinance, which states that if the HDC finds that a property meets one or more of the adopted criteria for historic designation, the HDC may initiate the filing of the Sectional Map Amendment for historic designation. Sectional Map Amendment application MAP2024-00125 was submitted to the City Clerk on January 24, 2024.
The Zoning Ordinance also provides for the Planning Commission to make a recommendation regarding consistency with the Comprehensive Plan to the Mayor and Council, and requires a Mayor and Council public hearing prior to the decision to, or not, designate a property. At its meeting on March 13, 2024, the Planning Commission reviewed Sectional Map Amendment Application MAP2024-00125 to change the zoning of 4 Courthouse Square from MXTD to MXTD HD (Historic District). The staff report for the Planning Commission is provided in Attachment C.
At the Planning Commission meeting, Nancy Pickard of Peerless Rockville Historic Preservation, Ltd., read
a statement into the record that provided reasons for their request to the HDC to nominate the
property, similar to those provided for the January 18, 2024, HDC Evaluation of Significance. Rockville resident Vincent Russo testified against the recommendation for historic designation. The Planning Commission also received 4 written testimonies (including Peerless Rockville) from members of the public in support of the historic designation.
The Planning Commission found 5-0 that the proposal would be consistent with the Comprehensive Plan and with the purpose of the historic designation zone within the Zoning Ordinance. Their motion stipulated that a memo should be provided to the Mayor and Council detailing issues and discussion points during their deliberation (see Attachment D).
MAYOR AND COUNCIL ROLE
The role of the Mayor and Council is to reach a final decision as to whether to approve MAP Amendment 2024-00125 to change the zone for 4 Courthouse Square from MXTD to MXTD HD, which would place the property in the Courthouse Square Historic District.
Key input to consider will include:
1. The property has been found to meet the City’s criteria for designation;
2. The property has integrity as determined by the HDC;
3. The Map Amendment is in conformance with the Comprehensive Master Plan; and
4. The Map Amendment meets the intent of the Historic District overlay zone.
Mayor and Council History
The Mayor and Council held a public hearing on the Sectional Map Amendment on May 20, 2024.
Public Notification and Engagement
The HDC Evaluation of Historic Significance was conducted on January 18, 2024, and meeting notices were provided two weeks in advance to adjacent property owners within 500 feet of the property. A sign was posted on the property two weeks in advance of the HDC meeting to provide notice of the application, and the HDC meeting agenda was posted on the City's website.
The Planning Commission reviewed the Sectional Map Amendment Application at the March 13, 2024, meeting. Meeting notices were provided two weeks in advance to adjacent property owners within 750 feet of the property, and the item was published on the City’s agenda website.
A public hearing was held on May 20, 2024, with notice being mailed to all property owners within 750 feet of the property as required by the Zoning Ordinance, and having the required advertisements published in The Washington Post on May 2, 2024, and May 9, 2024, in accordance with the state code.
Boards and Commissions Review
The HDC reviewed the Evaluation of Significance at its January 18, 2024 meeting and found that the application met four of the approved designation criteria.
The Planning Commission reviewed the Map Amendment application at its March 13, 2024 meeting, and found that the application was in compliance with the City’s Comprehensive Master Plan and with the purpose of the Historic District Overlay Zone.
Next Steps
An ordinance designating 4 Courthouse Square as a part of the Courthouse Square Historic District is provided as Attachment E. The Mayor and Council may take one of the following actions:
• Mayor and Council may introduce and adopt the proposed ordinance designating 4 Courthouse Square as part of the Courthouse Square Historic District after waiving the layover;
• The Mayor and Council may introduce the proposed ordinance and adopt it at a later meeting;
• Mayor and Council may request that the introduction and/or adoption of the proposed ordinance to designate 4 Courthouse Square as part of the Courthouse Square Historic District takes place at a subsequent meeting or meetings;
• Mayor and Council could direct staff to prepare a resolution denying the Sectional Map amendment Application; or
• The Mayor and Council may make changes to the proposed ordinance. Staff will prepare a revised ordinance and bring it back for Mayor and Council consideration at a later meeting.
Per Section 25.14.01 <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CICO_CH25ZOOR_ART14SPZO_S25.14.01HIDIZO> of the City Code, there is a 210-day interim historic review period, during which a property owner may not make exterior changes to their property, potentially jeopardizing its historic character without HDC review and approval. The end of the historic review period is July 12, 2024. If a decision on local historic designation is not made by that date, the property owner may proceed to propose changes to the building as part of a building permit application without the requirement for HDC review and approval. The building permit application review can take three months or more before a permit may be issued. No application has been submitted. Due to this, Mayor and Council could have more time after the July 12th date to make a final decision.