Subject
title
Annexation Petition ANX2023-00147, to Conduct a Public Hearing of the Annexation for the Washington Metropolitan Area Transit Agency (WMATA)-owned Shady Grove Metro Station Properties and a Portion of the CSX Transportation, Inc. Property.
end
Department
CPDS - Management & Support
Recommendation
Mayor and Council conduct annexation public hearing, receive testimony, and keep the record open until January 31, 2027, to provide an opportunity for the Montgomery County Council to review the annexation.
The County Council will review the proposed annexation after December 7 (the date has not been scheduled as yet). Land Use Article Sec. 22-206(e) states: “In a year in which a district council is elected, the district council may not amend a zoning law from November 1 and until the newly elected district council has taken office.” Although the city is not requesting that the council amend a zoning law, we are requesting that the county approve a resolution under Local Gov’t Article Sec. 4-416(c) approving Rockville placing the WMATA property into a zoning category with more density than allowed under current County law.
Change in Law or Policy
If the annexation is approved, the 66.4-acre annexation area would be incorporated within Rockville’s municipal limits and be subject to the City’s Charter, laws, ordinances, and regulations. The Annexation Plan recommends that the Mixed-Use Transit District 235 (MXTD-235) Zone be applied to the land.
Discussion
Public Hearing
This agenda item is a public hearing to receive testimony on Annexation Application ANX2020-00147.
The petitioners are the Mayor and Council of Rockville. The petition, as revised, seeks to expand the city’s northern boundaries by annexing ± 66.4 acres of land owned by Washington Metropolitan Area Transit Authority (WMATA), containing the Shady Grove Metro Station and includes land owned by CSX Transportation, Inc. The zoning requested under the City of Rockville’s Zoning ordinance is Mixed-Use Transit District-235 (MXTD-235) Zone.
The Mayor and Council will hold a public hearing on the Annexation Plan (Attachment 1), the resolution to enlarge the city boundary as introduced on October 2023 (Attachment 2); and the proposed Mixed-Use Transit District 235 (MXTD 235) Zone for the property. A revised resolution to enlarge the city boundaries will be presented to the Mayor and Council at a later date for adoption after the closing of the public hearing record.
Information on the annexation is available on the City’s web page at <https://www.rockvillemd.gov/projects/development-watch/project_address/15903-somerville-drive-annexation-of-the-shady-grove-metro-station/?page=1>
Background
The Mayor and Council introduced the city-initiated petition for annexation in October 2023. The original annexation petition included the entire WMATA property on both the east and west side of the Shady Grove Metro Station, including the CSX Transportation Inc. right-of-way, with an area of approximately 107.9-acres of land. The Planning Commission reviewed the preliminary annexation plan at their meeting on February 26, 2025, held a Public Hearing on April 23, 2025, and approved the preliminary annexation plan (Attachment 3) to transmit to the Mayor and Council for adoption. The Mayor and Council discussed the annexation and its related fiscal impacts at their work session in May 2025 and decided to delay the annexation to conduct further studies. On April 20, 2026, the Mayor and Council discussed the subject annexation again and directed staff to move forward with the annexation process by modifying the annexation area with only the western portion of the WMATA property that includes the Shady Grove Metro Station, and the CSX Transportation, Inc. railroad right-of-way property, with a total ± 66.4 acres of land. At their meeting on September 28, 2026, the Mayor and Council adopted the revised annexation plan (Attachment 1) and set the public hearing date of November 16 (Attachment 4).
Testimony Received to Date:
Staff have received the following testimonies as to the date of this report:
1) Maryland Department of Planning (MDP) dated October 23, 2026 (Attachment 5).
In the letter the state notes that “city zoning appears to allow substantially higher density than the current county zoning, as the MXTD district would remove floor-area ratio limits currently in place for residential development, despite similar height limits to the CR district.” MDP is recommending that the city seek a waiver from Montgomery County Council prior to annexation, if it wants to allow development of the annexed land within the next five years for land uses substantially different than those authorized uses in accordance with applicable county zoning, as provided in §4-416 of the Local Government Article.
Staff response - Staff agree that the proposed City zoning, MXTD-235, would permit more density than the County’s current zoning (CR 2.25 C1.0 R1.75 H-200 Zone). The County uses Floor Area Ratio (FAR) methodology for development, that recommends the building’s floor area in relation to the size of the lot/parcel that the building is located on; that regulates the maximum square footage of building that can be developed. The city uses building heights to regulate the square footage that can be developed. The county’s zoning caps the height at 200 feet whereas the city zoning caps the height at 235 feet thus permitting more gross area with the additional height. Since there is no development proposal at this time, staff were not able to conduct comparative analysis on the County’s optional method and the additional bonus density of 100 feet (for the provision of affordable housing above the minimum), as permitted for the MXTD-235 Zone under the city’s zoning ordinance.
Per MDP recommendation, staff will be requesting that the county approve a resolution under Local Gov’t Article Sec. 4-416(c) approving Rockville placing the WMATA property into a zoning category with greater density than allowed under current County law. Staff are requesting that the County Council approve a resolution allowing the city to implement the proposed zoning so that development options for WMATA and a developer for the property are not limited by the existing county zoning for five years after annexation.
Under Section 4-416 (b) of LG Article, the following may not be permitted by a City for five years following an annexation without express approval of the County Council:
• Uses substantially different than allowed by the County’s Zoning Ordinance at the time of annexation.
• A density that is higher than an additional 50% of the allowable density as established in the County’s Zoning Ordinance at the time of the annexation.
2) Montgomery County Planning Board reviewed the annexation at their meeting on October 29, 2026, and provided a transmittal letter with their comments (Attachment 6). Although the staff report supported the annexation and the proposed zoning, some members of the Planning Board opposed the annexation (awaiting a letter). Montgomery County Planning staff report is included as Attachment 7. Montgomery County planning staff recommended the approval of the Annexation petition with the following recommendations to comply with the County adopted Sector Plan:
a) Provide at least 15 percent of Moderately Priced Dwelling Units (MPDUs), or similar affordable housing initiative, for any residential development.
b) Include a public open space, at least one acre in size, that reflects the Civic Green recommendation.
c) Contribute to the county’s agricultural preservation efforts by using Agricultural Land Preservation Easement Fund in lieu of a purchase of Building Lot Termination (BLT) or Transfer of Developments Rights (TDRs).
d) Consider public infrastructure or public amenities, such as BRT Stations, public streets or public open spaces that define and enhance the public realm.
Staff response - The city will take these recommendations under consideration when the site is redeveloped under the City’s Charter, laws, ordinances, and regulations.
3) Email letter from Jefferey Reznick, volunteer Member of the Shady Grove Implementation Advisory Committee asking that the city advance the Montgomery Planning’s longstanding vision with the Shady Grove Sector Plan (Attachment 8).
Staff response - Rockville Planning Commission and the Mayor and Council both provided testimony during the development of the Shady Grove Sector Plan Minor Plan Amendment (Plan), commending the Plan’s vision and various strategies for transit, opportunities for creating new housing and jobs, including affordable housing near the Metro Station, sustainability, provision of open spaces, bikeway and pedestrian connections, and others. The recommendations from the Plan align with Rockville’s Comprehensive Plan’s vision and goals.
Public Hearing Details
At the Public Hearing Testimony will be accepted in any of the following ways:
In-Person Attendance
Community members attending in-person who wish to speak during Community Forum, or a Public Hearing should sign up using the form at the entrance to the Mayor and Council Chamber. In-person speakers will be called upon in the order they are signed to speak before virtual speakers.
Viewing Mayor and Council Meetings
The virtual meetings can be viewed on Rockville 11, channel 11 on county cable, livestreamed at www.rockvillemd.gov/rockville11 <http://www.rockvillemd.gov/rockville11>, and available a day after each meeting at www.rockvillemd.gov/videoondemand <http://www.rockvillemd.gov/videoondemand>.
How to Participate in the Public Hearing
Persons wishing to testify at the hearing are asked to call 240-314-8280 before 10:00 a.m. on the date of the hearing to have their names placed on the speakers’ list.
If you wish to submit comments in writing for the Public Hearing, please email the comments to mayorandcouncil@rockvillemd.gov <mailto:mayorandcouncil@rockvillemd.gov> by no later than 10:00 a.m. on the date of the meeting. Persons submitting testimony are requested to provide their name and address.
If you wish to participate virtually in the Public Hearing during the live Mayor and Council meeting, please send your name, address, and phone number to mayorandcouncil@rockvillemd.gov <mailto:mayorandcouncil@rockvillemd.gov> no later than 10:00 a.m. on the day of the meeting. You will be contacted on the day of the meeting via email by the City’s Information Technology Department to receive all the information you need to join the meeting by audio to share your comments.
Written comments may also be submitted to the City Clerk’s Office, 111 Maryland Avenue, Rockville, Maryland, 20850, or forwarded by email to cityclerk@rockvillemd.gov <mailto:cityclerk@rockvillemd.gov>. Comments received after 10:00 a.m. on the date of the public hearing will not be available to the Mayor and Council at the public hearing and will be provided to the Mayor and Council at a later date.
Viewing the Mayor and Council Public Hearing
The virtual public hearing can be viewed on Rockville 11, which is channel 11 on county cable, or livestreamed at www.rockvillemd.gov/rockville11 <http://www.rockvillemd.gov/rockville11>. It will also be available for viewing a day after the hearing, at www.rockvillemd.gov/videoondemand <http://www.rockvillemd.gov/videoondemand>.
For additional questions on the annexation, you can reach City staff Manisha Tewari at mtewari@rockvillemd.gov <mailto:mtewari@rockvillemd.gov> or by calling 240-314-8213
Mayor and Council History
The Mayor and Council introduced the annexation on October 23, 2023, and approved a resolution that provides specifics of time and place for the Mayor and Council public hearing as mandated by the State Law and the City Code. The public hearing was originally set for January 13, 2025, where the annexation area included both the east and west side of the Shady Grove WMATA property, and the CSX Transportation, Inc. railroad right-of-way property, with a total land area of approximately 107.9-acres
The Council discussed the annexation and its related fiscal impacts at their work session in May 2025 and decided to delay the annexation to conduct further analysis on the public service impacts and related costs. On April 20, 2026, Mayor and Council discussed the annexation of the Shady Grove Metro Station and directed staff to revise the annexation area and resume the process of annexation with only the west part of the WMATA property that includes the Shady Grove Metro Station.
At their meeting on September 28, 2026, the Mayor and Council approved the annexation plan with a resolution (Attachment 1) and adopted a resolution (Attachment 4) to conduct the public hearing on November 16, 2026.
Public Notification and Engagement
For the Mayor and Council public hearing, the Section 4-415(f) of the State Local Government Article requires that the City Clerk must send a copy of the Annexation Plan to the county in which the municipal corporation is located, the Maryland Department of Planning, and any regional and State planning agencies having jurisdiction within the county at least 30 days prior to the holding of the public hearing. The notification was emailed to key departments, and other interested parties on October 2, 2026 (Attachment 9).
State Law also mandates that newspaper advertisements for public hearing must appear four times, at not less than weekly intervals, with the last notice appearing at least fifteen days before the public hearing LG 4-406(c). The City Clerk’s office has advertised the public hearing in the Washington Post four times, on October 1, October 8, October 15 and October 22, as required by State Law. Attachment 10 is the sample Washington Post advertisement for the public hearing notice published on the dates noted above.
Information about the annexation was contained in the City’s Rockville Reports November edition. Notification was also provided through other City-maintained email distribution lists and social media. Although not required, staff notified property owners within 500’ of the property of the annexation public hearing (Attachment 11). An email notification was also sent to King Farm Board representatives.
City staff also presented the annexation and provided information on the public hearing to the Shady Grove Advisory Committee members at their regularly scheduled meeting on Wednesday October 14, 2026. Staff from the Montgomery County Planning office and the County Executive office attended that meeting.
Boards and Commissions Review
The Planning Commission received a presentation on the annexation plan at their meeting on February 26, 2025, and held a Public Hearing on April 23, 2025, on the annexation area as was originally proposed for both the east and the west side of the Shady Grove Metro Station WMATA property and the CSX Transportation, Inc. property, with a land area of approximately 107.9-acres.
Montgomery County Planning Board reviewed the annexation at their regularly scheduled meeting on October 29, 2026.
Fiscal Impact
The Shady Grove Metro property will remain tax-exempt until development begins, and the timing of this development is currently unknown.
Since the type of development that may occur at this property in the future is unknown, it is difficult to estimate the fiscal impact. The City will be annexing the property with a MXTD-235 zoning that would permit a high-density mixed-use development in the future, which would provide real property tax revenue and income tax revenue from any new residents and/or businesses.
Once annexed, the city will be expected to provide police services to the property. As of FY2027, RCPD is fully staffed and has made operational changes to improve coverage which is expected to adequately address increased calls for service. The RCPD will continue to assess call volume, and response needs to determine the reasonableness of staffing levels.
Next Steps
The next steps in the annexation process are for the Mayor and Council to take the following actions:
• Mayor and Council will adopt the revised annexation resolution to enlarge the city boundaries.
• Mayor and Council will introduce the Ordinance(s) to amend zoning map to include annexed property.
• Mayor and Council will adopt the Ordinance(s) to amend the zoning map to include annexed property (if they waive the layover period, the two actions can be completed the same day)
The dates for the actions are not scheduled yet.