Planning Commission Memo
MEETING DATE: February 19, 2025
REPORT DATE: February 12, 2025
RESPONSIBLE STAFF: Jim Wasilak, AICP
SUBJECT:
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Recommendation to Mayor and Council on Zoning Text Amendment TXT2025-00268, to Modify the Parking Requirement for Certain Residential Dwellings; Mayor and Council of Rockville, Applicant
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BACKGROUND:
The subject zoning text amendment was authorized for filing on January 13, 2025. It is intended to address the issue of parking spaces for certain Moderately Priced Dwelling Unit (MPDU) townhouses that were constructed with insufficient width to meet zoning requirements in the Preserve at Tower Oaks development. City staff have worked with affected homeowners and the Homeowners Association (HOA) on potential solutions since the issue was discovered. The resulting proposed text amendment represents the solution that has received the most positive feedback.
Site Plan Approval
In January 2017, the developer of the Preserve at Tower Oaks, EYA, submitted Level 2 Site Plan Application STP2017-00308 to implement the approved project plan amendment to the Tower Oaks Planned Development for 40.5 acres on Preserve Parkway. On October 11, 2017, the Planning Commission approved the site plan allowing for construction of 30 single unit detached dwellings, 217 townhouse dwellings and 128 condominium units, as well as a 7,000 square foot community center. Of the 217 townhomes, 51 are Moderately Priced Dwelling Units (MPDUs). The illustration below depicts the site plan of the Preserve at Tower Oaks development.
Figure 1. Site Plan (see next page)
Garage Width Issue
Several years ago, City staff learned of the garage width issue specific to the MPDU townhouses, known as the Allan Model, at the Tower Oaks development site when a resident complained about the width of one of their tandem parking spaces. Following the review of the approved garage drawings for the townhouses and confirmation by field staff that one of the spaces did not meet the 9-foot minimum width, staff reached out to the developer, EYA, to request a meeting to discuss the error in their drawings and construction regarding the garage width. Subsequently, EYA corrected the width of the Allan Model townhome garages for those units to be constructed, resulting in 35 units with garages below the minimum required dimension and 16 with the correct dimensions.
The Zoning Ordinance requires a minimum of two code-compliant parking spaces be provided for each townhouse unit, at a dimension of 9 feet by 18 feet. As mentioned above, the tandem garage for the Allan Model townhouses did not meet this dimension. During the review of the construction plans and the master set for the building permits and inspections, staff missed that the entire garage space in the Allan Model townhouses did not measure 9 feet by 18 feet in dimension. These errors by staff and EYA led to 35 Allan Model garages to be constructed with the front 7 feet of one of the parking spaces measuring 8 feet, 7 inches in width - 5 inches less than the requirement. Specifically, while the rear tandem space of these 35 units at 9 feet 6 inches exceeds the 9-foot minimum width requirement, the front tandem space has an 8 feet 6-inch width (6 inches less than required) for about a third (1/3) of the 18 feet length of that space (see drawing below). By having one parking space that does not meet minimum size requirements, 35 Allan Model units in the development are out of conformance with the Zoning Ordinance.
In addition to the garage width issue for the 35 units, some homes have a step leading into the unit from the garage, which further encroaches into the garage width. This step, although not a violation, impacts the effective use of the garage space for parking.
Unpermitted Construction
Some Allan Model Townhouse owners have undertaken unpermitted conversions of noncompliant garages into habitable living space without receiving building permits. Staff has issued four notices of violations for this construction because it was not permitted and would not be allowed since the garage parking is required to meet the Zoning Ordinance.
Also, a representative from the Homeowners Association Board of Directors identified six additional townhomes that may have performed unpermitted construction work within their garages. The representative also informed staff that unpermitted, unapproved garage modifications are against the HOA’s Declaration of Covenants. Staff has reviewed the pictures provided by the representative of the garages for the six additional units and believe that they are also in violation of performing construction within the garages without any city permits and removing one of the two required parking spaces. Staff has placed the resolution of these violations on hold pending the city addressing the non-compliant garage issue.
Based upon emails and feedback from some of the Allan Model owners, they believe that additional living space should be allowed in the one garage space that does not meet the ordinance requirements, especially since nine of the units only have one bathroom on an upstairs floor.
Options Considered
The garage width issue is a very difficult one, given that a design with a key fault was mistakenly approved and then constructed and 35 such units were later sold and are now occupied by residents. There are no perfect solutions to this dilemma, but staff explored several options to resolve this matter.
Reducing Required Garage Width
One option that staff considered was to initiate a new zoning text amendment (ZTA) to allow 8 feet 6 inches for the width of parking spaces only upon certain conditions, so as not to change the minimum requirement city-wide. These conditions could narrowly define the circumstance in which it would apply. This could be accomplished in such a way as to apply to the Tower Oaks Development situation and potentially, a very limited number of other developments, if they meet certain criteria. This could be a viable option because it would remove the current zoning noncompliance at the site, does not require monetary investment from the owners or the city, potentially would improve the salability of the units with a future resale, and is consistent with the parking width standards of several other area jurisdictions, including Montgomery County, Fairfax County, Arlington County, and Baltimore County.
Reducing the required garage width was considered by the previous Mayor and Council who were not interested in reducing an already narrow garage width. In addition, approving this garage width would not address the complaints of the Allan Model owners who stated they are not using the non-compliant space because of its size.
Requiring EYA to Fix the Garage Width
Although challenging to achieve, staff believed that this option should be pursued. This option was also supported by the HOA Board to resolve this issue. Staff decided that EYA representatives needed to offer all affected owners an opportunity to correct the garage width. In May, staff invited all Allan Model owners with noncompliant garages, the HOA Board and EYA representatives to a meeting to discuss this option. In the meeting, EYA representatives presented how they could correct the garage width without the need for residents to leave their home. Owners who were present asked questions to understand the process and the outcomes. Although several owners who were present did not support this option, staff directed EYA representatives to provide the offer to the owners and an opportunity to meet to discuss the modification. After several months and several notices, representatives received 13 answers
and only a few chose to make the modification.
In October, staff held a follow-up meeting with the Allan Model owners, the HOA Board and EYA representatives to provide the results of the offer to modify the garages and to present the next step. Due to the limited acceptance of the modification, staff informed those present at the meeting that a ZTA would be presented to the Mayor and Council as an option to resolve this matter.
ZTA to Require One Parking Space Per Lot for Certain Townhome Units
Staff then recommended that the Mayor and Council initiate a Zoning Ordinance Text Amendment to address the issue of townhouse units that were constructed with one of the required parking spaces not meeting the minimum width dimension of nine (9) feet.
If approved, the ZTA will only require one parking space per lot for certain townhome units in Rockville. As proposed, this ZTA will:
1. Only apply to townhouse MPDUs within Planned Developments (PDs);
2. Require on-street parking spaces be provided at a rate of 0.5 spaces per townhouse unit within the approved site plan containing the affected units to ensure sufficient parking exists; or
3. Allow for the reduction if a major point of pedestrian access from the unit’s development is within seven-tenths of a mile (3,696 feet) walking distance of a transit station entrance shown on the Washington Metropolitan Area Transit Authority Adopted Regional Rail Transit System or a bus stop or there is a parking facility available to the public within 1,000 feet of this major point of pedestrian access.
Item two is an important condition because there is still a need for parking spaces for the owners of the Allan Model Townhomes. Based on the illustrated site plan shown above, a minimum of 109 available public on-street parking spaces should be provided within the development to meet the proposed requirement. A total of 116 on-street spaces are available, not counting spaces for the community center, with most spaces located directly in front of the townhome units. The HOA representatives were concerned about the available spaces for visitors if the homeowners were using the spaces. In response, EYA completed a parking survey and resulted in showing there was ample space for both homeowners and visitors to have access to available public spaces (see Attachment 2 above - Tower Oaks Parking Study Performed by EYA).
The effect of the ZTA is expected to resolve issues at Tower Oaks by:
• Allowing the smaller non-compliant garage space to not be considered as a parking space;
• Allowing for construction in the area containing the noncompliant parking space; and
• Removing the current zoning noncompliance status for such units while not changing the minimum city-wide requirement for two (2) spaces per lot per townhouse unit with three or more bedrooms.
The proposed ZTA allows for the Chief of Zoning to reduce the amount of required parking for a townhouse MPDU in a site plan that has been approved prior to the adoption date of the ordinance. This allows the amendment to apply to the previously approved MPDUs in Tower Oaks.
If the ZTA is approved, staff will require any owner of an Allan Model Townhome who has existing construction or desires future construction within any garage to submit for and receive a building permit and follow-up inspections to ensure this construction is safe and meets the city's building and fire codes. Although not applicable to the city, the owners will need to separately address compliance with HOA covenants.
Public Notification and Engagement
Staff has held three meetings with Allan Model Townhome owners. Staff also sent letters to all Allan Model Townhome owners and the Reserve at Tower Oaks HOA to notify them of this meeting, the process, and opportunities for public feedback. Staff will provide notification to the public and follow the city’s required notifications for public hearings.
Public comment received is included at Attachment 3.
Recommendation
Staff recommends approval of the application as submitted.
Next Steps
The Mayor and Council will hold a public hearing following the Commission’s recommendation. Following a discussion of the merits of the application and public testimony received, a decision will be made.
The required steps and tentative dates for the ZTA process are:
• The Planning Commission hold a briefing and public hearing, and make a recommendation to the Mayor and Council (February 2025)
• Mayor and Council hold a public hearing (March 3, 2025)
• Mayor and Council discuss their ZTA and testimony and provide direction to staff on next steps (March 3, 2025)