Subject
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Introduction and Adoption of an Ordinance to Amend the Lincoln Park Neighborhood Conservation District Plan as an Amendment to the Rockville 2040 Comprehensive Plan.
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Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council adopt the proposed ordinance for the Lincoln Park Neighborhood Conservation District Plan Amendment (see Attachment 1 - Draft Conservation District Plan 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 (see Attachment 2 - Ordinance for Plan Amendment). 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.
Change in Law or Policy
The proposed amendment to the Lincoln Park Neighborhood Conservation District Plan (the Plan amendment) will provide guidance on revisions to existing building standards for construction to provide additional flexibility to property owners seeking to improve their properties. The proposed Plan amendment is intended to continue the district’s conservation goals for Lincoln Park, which has distinctive identities worthy of retention, while providing revised building standards that will allow property owners to further fulfill their living needs. If adopted, the Plan Amendment would be incorporated into the Comprehensive Plan. Accordingly, the Plan Amendment has been prepared pursuant to the relevant requirements of the Maryland State Land Use Article for amending a comprehensive plan.
Should the Mayor and Council adopt the proposed Plan amendment, the proposed zoning text amendment TXT2024-00267 (ZTA), included as a separate item on this meeting agenda, would update the Zoning Ordinance, specifically the conservation district overlay zone, to implement the revised standards included in the Plan.
Update
At the January 6th work session, the Mayor and Council reviewed staff-recommended changes to the Plan and the proposed standards. After extensive discussion of each standard, the Mayor and Council recommended revising two existing standards relative to building footprint and height requirements. The majority of the Mayor and Council decided to remove the other existing vague standards and not proceed with any new standards. Based upon this direction, staff believes that the most effective and quickest way to implement these recommendations is to accordingly revise the Plan and not proceed with design guidelines and rely on changing existing building standards in the conservation district overlay.
This item is a proposed ordinance to specifically change the Plan; the accompanying ZTA agenda item is a proposed ordinance to amend the overlay district to include the revised existing standards. Additional background on the proposal, including details on outreach and engagement efforts, are captured in the previous staff report for this topic in the Mayor and Council’s January 6, 2025 <https://rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_01062025-7365> meeting agenda.
Discussion
Lincoln Park Neighborhood Conservation District Plan Issues
The Lincoln Park Neighborhood Conservation District was established through the adoption of 1) a neighborhood conservation plan (adopted in 2007) <https://www.rockvillemd.gov/DocumentCenter/View/907/Lincoln-Park-Conservation-District-Plan?bidId=> and 2) a neighborhood conservation district zone. The 2007 conservation district plan established standards that were also implemented into the Zoning Ordinance. To move the proposed amendments forward, both the plan and the Zoning Ordinance must be updated. This report covers the revised standards proposed to the plan. The corresponding revisions proposed to the Zoning Ordinance standards are covered in the companion ordinance item included in this meeting agenda.
The district plan has provided certain development standards for properties in the neighborhood in addition to the primary zoning requirements for the area. Since such time of their inception, residents have voiced concerns regarding these development standards and requested that they be revised in conjunction with the proposed amendments. The original 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 standards.
Proposed Amended Standards
The original 2007 conservation district plan established 10 specific standards for new construction to meet its goals of preserving the existing character of the streetscape and community. This amended plan seeks to continue to preserve the characteristics of the community while also providing flexibility to property owners through amended standards that address the living needs of the community.
The existing standards that are proposed for changes are listed below, followed by a discussion on how the standard will be updated with this amendment to the plan.
Standards for New Construction
1. New construction or additions must conform to all other applicable building codes and safety regulations of the City of Rockville as well as the Lincoln Park Neighborhood Conservation District Standards. A City of Rockville building permit is required for all construction.
Discussion: This standard is removed as it reflects requirements already within the Zoning Ordinance.
2. The lot coverage will be 25% of the maximum square footage of the smallest new lot size permitted, 6,000 square feet. This allows 1,500 square feet of combined lot coverage, which would include the house footprint and any detached accessory structures such as a garage or garden shed. The lot coverage includes the total of all roofed structures including garages and sheds.
Discussion: In their feedback, residents expressed that such a requirement has limited their ability to obtain building permits for reasonable additions to existing homes or even accessory buildings such as sheds. Changing the lot coverage requirement is critical to allow some residents to make reasonable use of their property.
This standard is revised to replace the 1,500-square-foot maximum lot coverage requirement with a new maximum building footprint for the primary dwelling of 1,800 square feet. This revision allows property owners additional land area to address their living needs while also ensuring that homes are consistent in scale with the neighborhood. This revision also removes the requirement for accessory buildings and street-facing, unenclosed porches to be counted towards this requirement, as the new standard only applies to the building footprint of the primary dwelling. The neighborhood is subject to base zoning requirements for lot coverage that will continue to apply. The amended standards would also allow for a building footprint of up to 2,100 square feet for additions where an existing one-story home is retained. This provision would be carried forward from a similar existing District standard and will provide flexibility in design options for property owners while also meeting the purpose of the conservation district to allow homes that are compatible with surrounding structures, many of which are one-story homes.
3. The maximum actual height of new construction, a building or addition, is 25 feet from the grade to the ridgeline. A 29-foot height may be permitted for designs using a graduated 45-degree line of sight slope from the front property line to the highest point of the new construction. A front porch or a substantial portico to visually separate the stories on the front elevation wall would satisfy this requirement.
Discussion: This standard is revised to remove the dual height requirements of 25 feet and 29 feet and replace it with a new maximum height standard of 30 feet. This revision clarifies that there is one clear building height requirement, provides greater predictability for building heights, and removes the requirement for front porches, porticos, or graduated lines of the site, in order to build to the maximum height, providing greater flexibility to property owners.
4. New buildings should follow prevailing irregular setback patterns and not line up in a row. A two-to-five-foot deviation from an adjacent structure’s front setback is recommended. The minimum front setback is 25 feet.
Discussion: The minimum front setback remains 25 feet, but the recommendations on setback patterns are removed.
5. Infill new house construction should be designed so that the organization of the street-facing façades closely relates to any surrounding buildings.
6. Additions should be constructed on the rear of the building or on a side, whichever has less impact on the character of the structure and streetscape.
7. Roof heights of new additions should not dominate original rooflines. A graduated 45% line of sight slope from the front property line to the highest point of the addition may be acceptable with an appropriate design.
8. Materials and design elements for new construction or additions should be selected that are sympathetic to surrounding historic buildings in the district.
9. Mechanical systems should be incorporated into new construction in an inconspicuous manner.
Discussion: Standards #5-9 above provide vague direction, making implementation challenging. These standards are not necessary to achieve the goals of the plan. Therefore, these standards are removed.
10. Churches and institutional uses located within the conservation district do not have separate standards for development but must comply with the regulations of the underlying zones and other applicable standards of the Zoning Ordinance.
Discussion: The above language is unclear. Institutional uses, which include churches, should be exempt from the standards for new construction within the conservation district but must comply with all other requirements of the Zoning Ordinance. This plan recommends amending the Lincoln Park neighborhood conservation district zone standards to reflect this exemption.
Future Amendments
The plan amendment also adds a new provision that allows the Mayor and Council to make future amendments to these revised standards in the zoning ordinance without also amending the Conservation District Plan so long as the amendments support the intent of the Plan.
Alternative Compliance
To provide further flexibility to property owners and residents, the Plan amendment also revises the process for appealing the conservation district standards. Whereas the district plan originally established a variance as the method for seeking relief from the standards, this plan will utilize the Alternative Compliance process rather than the variance to accommodate any appeals to the district standards. The Alternative Compliance will be an administrative review decided upon by the Chief of Zoning and intended to be a more streamlined review process as compared to a variance which requires a public hearing and decision by the Board of Appeals; the variance also requires applicants to meet stricter criteria as compared to the Alternative Compliance, which may be granted if a proposal:
1. Meets or exceeds the purpose and intent of the standard for which alternative compliance is requested;
2. Provides an equal or better design solution in terms of livability for residents and impacts on neighboring property; and
3. Accomplishes one or more of the following goals:
i. Conserves and strengthens the unique identity and sense of place that exists among residents in the neighborhood;
ii. Promotes complementary and context-sensitive development between new and existing structures, while also allowing for creative design; and
iii. Maintains and enhances a walkable and pedestrian-friendly environment.
Requests for Alternative Compliance may only be granted for restrictions related to the Conservation District and not for standards related to the base zoning district. Further, if a request for Alternative Compliance is not approved, applicants may still request a variance. The revised standards are specified in the Plan amendment (see Attachment 1 - Draft Conservation District Plan Amendment).
Public Notification and Engagement
There has been significant outreach and engagement in considering updates to the district standards and possible design guidelines. Throughout the process, staff has engaged in outreach with the Lincoln Park neighborhood, beginning in September 2022. Such efforts have included:
• An initial 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;
• Regular updates to the Lincoln Park Civic Association;
• Eight advisory committee meetings;
• A 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;
• 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; and
• A second walking tour of the Lincoln Park neighborhood.
As requested by the Mayor and Council, a second walking tour of the community was conducted on October 10, 2024. The Mayor and Council, along with several board and commission members, residents, and members of the public, all joined the staff on the tour to learn more about the neighborhood and the proposed design guidelines. Staff highlighted specific design issues that the proposed amendments and possible design guidelines would look to resolve, including the provision of street-facing front entries, guidance on completing new additions, and allowance for slightly increased building footprints. Residents also provided valuable feedback on their experience in the neighborhood, particularly with some challenges of the current Conservation district standards. Several residents indicated their support for the larger building footprint allowance as proposed in the guidelines. Staff also answered questions and provided clarity on elements proposed in the amendments. On November 18, 2024, the Mayor and Council held a public hearing on the proposed amendments and possible design guidelines where several residents also indicated support for the revised building standards and guidelines.
Mayor and Council History
The Mayor and Council received an introduction to these amendments at their meeting on September 9th. During the meeting, the Mayor and Council provided feedback on the project, noting the positive outreach efforts completed up to this point. They also expressed a desire to have more resident feedback so that the amendments and possible design guidelines may achieve the greatest representation of the community.
At the November 18, 2024, meeting, the Mayor and Council held a public hearing on the proposed amendments to the Lincoln Park Neighborhood Conservation District Plan and associated overlay zone, as well as the proposed design guidelines. At the meeting, several members of the public, including Lincoln Park residents, indicated their support for the guidelines. Among the testimony provided, there were no comments of opposition to the proposed amendments or design guidelines. This report provides similar background information from previous staff reports but provides emphasis on the proposed guidelines to help facilitate discussion during the work session.
As mentioned previously, the Mayor and Council held a work session on the proposed amendments and design guidelines at their January 6, 2024, meeting. After considering public feedback and the extent of the changes proposed, the Mayor and Council decided not to proceed with the design guidelines and instead proceed with the amendments detailed in this report and recommended by staff for adoption at this meeting.
Boards and Commissions Review
The Planning Commission received a briefing on the proposed amendments and design guidelines at their meeting on September 11, 2024.
The Commission then held a public hearing on the proposed amendments and design guidelines at their September 23, 2024, meeting and provided further action at their October 25, 2024, meeting. The Commission noted the positive outreach efforts completed up to this point, including the recent walking tour. The Commission’s discussion initially included concerns about the lack of public feedback throughout the project despite the numerous engagement efforts made. However, the Commission also noted that the resident feedback provided at the tour indicated support for the proposed guidelines and that throughout the several public meetings held on the project, no comments of opposition were offered.
Following their discussion of the proposed amendments and design guidelines, the Commission voted unanimously to recommend the adoption of the Plan amendment, approval of the ZTA, and the design guidelines proposed by staff at that time.
Next Steps
If the Mayor and Council adopt the Plan Amendment at this meeting, staff recommends that the next step be to implement the Plan Amendment by adopting the associated ZTA TXT2024-00267 also included in this meeting agenda.