Subject
title
Introduction and Possible Adoption of an Ordinance to Adopt Zoning Text Amendment Application TXT2024-00267, to Amend Article 14 of the Zoning Ordinance to Revise Development Standards in the Lincoln Park Conservation District; Mayor and Council of Rockville, Applicants.
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Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council adopt an ordinance for Zoning Text Amendment TXT2024-00267 (ZTA) (see Attachment 1 - Ordinance to Amend Conservation District Zone) to Amend Article 14 of the Zoning Ordinance to revise building standards included in the Lincoln Park Conservation District to conform with revised standards included in an associated amendment to the Lincoln Park Neighborhood Conservation District Plan.
If the Mayor and Council wish to proceed with the adoption of the ordinance, it must be first introduced, and the layover period must be waived. 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 with a motion to adopt the ordinance.
Change in Law or Policy
The proposed Lincoln Park Conservation District Plan Amendment (the Plan amendment), further discussed in a separate report in this meeting agenda, will update and clarify existing building standards for construction. If adopted, the Plan Amendment would be incorporated as an amendment to the 2040 Comprehensive Plan.
Should the Mayor and Council adopt the proposed Plan amendment, the proposed ZTA attached would update Article 14 of the Zoning Ordinance to bring the conservation district overlay zone into conformance with the Plan amendment.
Discussion
The proposed ordinance to adopt the ZTA is associated with the proposed ordinance to adopt the Lincoln Park Conservation District Plan Amendment, included as a separate item in this meeting agenda. The Lincoln Park Neighborhood Conservation District is made up of two major components: 1) a conservation district plan and 2) a neighborhood conservation district zone. As the companion Plan amendment is being updated with revised standards, this ZTA is required to update the Zoning Ordinance to reflect the revised standards in the Plan. As detailed in the companion Plan amendment agenda item, the revised standards are needed to address issues that limit property owners and residents from making reasonable improvements to their homes. The revised standards are listed below and further detailed in the proposed ordinance (see Attachment 1 - Ordinance to Amend Conservation District Zone). For further explanation on the purpose of the revisions, refer to the companion Plan amendment staff report contained within this meeting agenda.
Standards for new construction
1. The maximum building footprint of the primary dwelling on a lot is 1,800 square feet or the maximum lot coverage of the property’s base zone, whichever is less. The 1,800 square foot maximum building footprint in this section does not include an unenclosed porch attached to the primary dwelling and facing a street frontage.
2. The maximum height of a structure new construction, structure is 30 feet from the existing grade to the peak of the roof.
3. The minimum front setback is 25 feet.
Building footprint standard for additions to existing one-story homes
If an existing one-story house is retained after the construction of an addition to a primary dwelling, the addition may increase the maximum building footprint of the primary dwelling to 2,100 square feet or the maximum lot coverage of the property’s base zone, whichever is less. The 2,100 square foot maximum building footprint in this section does not include an unenclosed porch attached to the primary dwelling and facing a street frontage. Notwithstanding the foregoing, the total of the addition cannot exceed the present total square footage of the house without obtaining a new single-unit dwelling permit.
In addition to the revised standards mentioned above, the ZTA will implement new items as directed by the Plan amendment to allow for an alternative to the variance process for appealing the district standards. This process is known as Alternative Compliance. The ZTA will also clarify in concert with the Plan amendment that Institutional uses within the district, such as churches, will be exempt from the specific new construction and one-story addition standards for the district. These proposed additions are noted below.
Alternative compliance
The Chief of Zoning may approve a design for a primary dwelling that deviates from one or more of the standards for new construction or building footprint standards for additions to existing one-story homes upon finding that the design:
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.
This does not authorize the Chief of Zoning to approve a deviation from any standard of a property’s base zone or any other provisions of the Zoning Ordinance.
Institutional uses
Institutional uses are exempt from the requirements for new construction and one-story additions.
In concert with the Plan amendment, existing standards for streets and lots will remain unchanged to continue to achieve the preservation goals of the district.
Next Steps
If the Mayor and Council first adopt an ordinance for the Plan Amendment included as a separate item in this meeting agenda, staff recommends that the Mayor and Council adopt the subject ordinance for the ZTA.