City of Rockville - File #: 24-1477

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Subject

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Zoning Ordinance Rewrite - Work session #1 Comprehensive Rezoning

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Department

CPDS - Zoning Review & Other

Recommendation

Staff recommends that the Mayor and Council provide guidance on the proposal to implement the rezonings recommended in the Rockville 2040 Comprehensive Plan through the Comprehensive Map Amendment portion of the Zoning Ordinance Rewrite.

Change in Law or Policy

The adoption of the new Zoning Ordinance and Comprehensive Zoning Maps will replace the existing Zoning Ordinance and Zoning Map in their entirety.

Discussion

Background  

The Mayor and Council adopted the Rockville 2040 Comprehensive Plan (Comprehensive Plan, or Plan) in 2021. The Comprehensive Plan describes the broad vision for the city’s future and contains goals, objectives, and specific recommendations for land use and zoning, among many other subject areas. The Comprehensive Plan itself does not regulate land use or establish zoning laws; instead, it anticipated that its land use and zoning recommendations would be implemented through a zoning code update or rewrite. 

Through this project, a new Zoning Ordinance and new Zoning Map will be produced for review and adoption. The implementation of a new zoning map will be completed through a ‘Comprehensive Map Amendment’ (CMA) process. Drafts of the new Zoning Ordinance and Zoning Map are scheduled to be completed by the end of the calendar year 2025. This will be followed by the formal public review and adoption process in 2026. The ZOR and CMA are being undertaken concurrently but will be adopted by separate action.

At the January 27, 2025, work session, staff will focus on the Comprehensive Map Amendment portion of the project, presenting proposed rezonings to implement the Comprehensive Plan land use recommendations. A subsequent work session on February 24 will present recommended process-related updates of the ZOR for direction.

Zoning Ordinance Rewrite (ZOR)

Zoning regulates what buildings and land are used for, where a building may be located on a lot, and the size of buildings. Zoning also regulates other elements of site development, such as accessory structures, parking, signage, and landscaping requirements. The city’s Zoning Ordinance also outlines the processes by which development and subdivision applications may be reviewed.

Zoning laws and regulations are the primary way that land use recommendations from the city’s Comprehensive Plan are implemented. The last time that the city rewrote its Zoning Ordinance was following the adoption of the prior Comprehensive Plan. This process was completed in 2009. Over the past 15 years, the city and region have grown and changed, as have best planning practices and priorities. Importantly, during that period, the Mayor and Council adopted a new Comprehensive Plan. As with the last update to the city’s Zoning Ordinance, a primary objective of the project of re-evaluating and rewriting the Zoning Ordinance is to implement the Comprehensive Plan.

To this end, the project aims to:

• Implement the Comprehensive Plan’s land use and zoning recommendations.

• Increase affordable housing opportunities.

• Expand and support economic development.

• Implement the Town Center Master Plan, Climate Action Plan, and Vision Zero;

• Incorporate the city’s commitment to equity, resilience, and sustainability.

• Implement FAST II recommendations.

• Modernize and reorganize the Zoning Ordinance so that it is easily understood and accessible.

• Incorporate best planning practices.

Comprehensive Map Amendment

The language of the city’s Zoning Ordinance (Chapter 25 of the City Code) and the city’s zoning map work together to implement the city’s zoning regulations. Land within the city is divided into different zoning districts (or “zones”), each of which has its own requirements. The city’s zoning map visually displays the zone assigned to each property in the city, which can be cross-referenced with the use and development regulations for each zone contained within the Zoning Ordinance.

Staff anticipates that two types of rezonings will be proposed through the Comprehensive Map Amendment. The first type results from staff recommendations intended to simplify and enhance the Zoning Ordinance itself. The second type, and the focus of this work session, result from recommendations in the Rockville 2040 Comprehensive Plan.

Staff recommended rezonings

In limited cases, zones will be recommended to be consolidated to make the Zoning Ordinance easier to understand and administer. Where zones are recommended for consolidation, the properties currently within the zone will be recommended for rezoning to a similar zone. Staff and consulting firm ZoneCo continue developing recommendations for zones to be consolidated.

Comprehensive Plan recommended rezonings

The Mayor and Council adopted the Rockville 2040 Comprehensive Plan in 2021. Among its many recommendations related to land use and zoning, the Plan includes recommendations to rezone certain properties (described in detail later in this staff report). These recommended rezonings underwent an extensive public engagement process during the Comprehensive Plan, and further targeted engagement has occurred with this project.

Maryland courts have affirmed that Sections 1-302 and 3-303 of the Maryland Land Use Article, when read together, require that zoning regulations, subdivision regulations, and similar statutes must “further, and not be contrary to” provisions of the jurisdiction’s comprehensive plan that implement visions set out in Land Use Article Section 1-201 as well as the elements of the plan addressing development regulations and sensitive areas.¹ This includes the Plan’s zoning recommendations. As such, a significant effort of the ongoing project is to rezone properties as recommended by the Comprehensive Plan through a Comprehensive Map Amendment.

Comprehensive Map Amendment Outreach and Engagement

Given that over 600 properties are recommended for rezoning, outreach, and engagement is paramount. The project’s “outreach and engagement” phase took place between September and December 2024. A description of engagement efforts can be found in the Public Notification and Engagement section of this staff report.

Generally, engagement consisted of the following:

• Setting up an Engage Rockville project page (Engagerockville.com/zoningrewrite)

• Hosting virtual and in-person public workshops to provide information about the project

• Sending hard-copy notices to all property owners proposed to be rezoned, as well as those within 100 feet of a proposed rezoning, and conducting virtual meetings to provide relevant information and hear feedback (see Attachment 1 above - Letter Templates Notifying Property Owners of Proposed Rezoning).

• Meeting with neighborhood associations where rezonings are proposed to provide information and hear feedback

• Hosting focus groups with renters, homeowners, and community members

Throughout this time, staff utilized Rockville Reports, City social media channels, email blasts, and newsletters to inform the community about the project and opportunities to learn more.

Overview of Comprehensive Plan Recommended Rezonings

The Comprehensive Plan recommends rezoning properties to reflect changing community needs and allow for planned land uses. A total of 606 properties, which the Comprehensive Plan organizes into “Focus Areas”, are proposed to be rezoned to implement the recommendations of the Comprehensive Plan.

Rezoning to new zones

The Plan includes recommendations that properties be rezoned to new zones that had not yet been created at the time of Plan adoption. These recommendations are as follows:

• A new zone that limits uses to residential and office only;

• A new, high-density residential zone, limited to residential uses; and

• A new zone that allows a diverse range of housing types, including duplexes, triplexes, fourplexes, and rowhouses, in addition to single-unit detached dwellings.

One of the recommended new zones (the zone allowing a diverse range of housing types) was created in 2021 just prior to the Comprehensive Plan adoption; as this is now an existing zone, it is addressed in the section below titled “Rezoning to Existing Zones”. The recommended residential/office zone and the high-density residential zone are proposed to be created through the Zoning Ordinance Rewrite and implemented through the Comprehensive Map Amendment. The zones are still in development, but additional information related to these two recommendations is as follows:

• Recommendation to rezone to a new zone that limits uses to residential and office only.

In portions of Planning Area 4 (West End and Woodley Gardens East-West), the Comprehensive Plan recommends rezoning properties to a zone that would limit uses to residential and office only. A zone allowing only residential and office uses does not currently exist. Staff and consultants are working to craft a zone (proposed to be called the Residential Office, or “RO” zone) to address this recommendation.

Most properties recommended to be rezoned to “RO” are currently zoned MXT (Mixed Use Transition). Currently, MXT is intended for areas that are located between moderate or high-density development and single-unit detached residential neighborhoods. It allows for the development of low-density multi-unit, attached, and townhouse residential development, and may include other neighborhood-serving uses. Because the zone is replacing the MXT, development standards for the RO zone are being modeled off the MXT zone, though uses will be limited to residential and office. It is anticipated that, on properties with existing historic residential structures, multi-family residential will be a conditional use to avoid demolition of existing historic structures.

• The recommendation is that “A new, high-density residential zone, limited to residential uses, is appropriate for the remainder of the site to permit new investment and upgrades, though it should not result in resident displacement”.

In a portion of Planning Area 10 (Montrose and North Farm), the plan recommends that a new, high-density residential zone would be appropriate in the areas currently zoned RMD-25 and that contain existing apartments. A zone that meets this description currently does not exist. Initially, the staff’s proposal was to utilize an existing mixed-use zone to implement this recommendation, as this will be the only location in the city where the new, high-density residential-only zone will be implemented. However, following community engagement and further consideration, staff determined that, to be most consistent with the Comprehensive Plan recommendation, a new, high-density residential zone should be developed and implemented in the location where this recommendation applies. Staff and consultants will be working to craft a zone to address this recommendation.

Rezoning to existing zones

In many instances, the Comprehensive Plan recommends that a property be rezoned to an existing zone. For example, a recommendation may read simply, “Rezone to MXCD [Mixed-Use Corridor District]”. In some of these cases, the Plan provides additional supporting information; in other instances, the recommendation stands on its own. In most of these cases, staff proposes to implement zoning that agrees with the Plan’s recommended zoning. In one case (in Focus Area 1 of Planning Area 10), the staff’s recommendation differs. This is called out in the section below, and an explanation is provided.

One existing zone of note is the RMD-Infill (Residential Medium Density - Infill) zone, which was created in 2021 through the Stonestreet Master Plan process to implement that plan’s recommendation for “a new zone that allows a diverse range of housing types, including duplexes, triplexes, fourplexes, and rowhouses, in addition to single-unit detached dwellings.” With the Stonestreet Master Plan, several properties in East Rockville near the Rockville Metro Station were rezoned to this district. The Comprehensive Plan recommends expanding this “new zone” to a number of properties that are currently zoned for single-unit detached residential development only. These areas are particularly located near existing Metro stations and planned Bus Rapid Transit (BRT) stops. Additional information related to this zone recommendation is as follows:

• Recommendation to rezone to a new zone that allows a diverse range of housing types, including duplexes, triplexes, fourplexes, and rowhouses, in addition to single-unit detached dwellings.

This zone currently allows residential development, including single-unit detached, duplex, triplex, and quadplex. These housing types are referred to as ‘middle’ housing because their density falls between single-unit detached development and mid- to high-rise apartment development (Figure 1). They are also sometimes called ‘missing middle’ housing, as this type of development has been less common since the 1940s.

Figure 1. Missing middle housing types in context

Missing middle housing types are intended to be ‘house-scale’ (i.e., comparable in scale and form with single-unit detached housing), and to fit into existing residential neighborhoods (Figure 2). The zone has height limits that are generally in keeping with those in the city’s single-unit residential zones. By providing property owners the flexibility to develop or redevelop at a slightly greater density, it could provide a spectrum of affordability to address the city’s increasing housing demand.

Figure 2. Missing middle housing examples (clockwise from top left: stacked duplex; cottage court; quadplex; quadplex; fiveplex; side-by-side duplex)

Current uses and standards for the RMD-Infill can be found in Section 25.11.03-04 of the City Code. Through the ZOR, updates to this zone’s uses and development standards are anticipated to be recommended so that the zone more effectively addresses Comprehensive Plan goals to increase flexibility to achieve diverse housing.

Recommended rezonings which are not proposed to be pursued through the CMA

The Comprehensive Plan also includes rezonings which are not proposed to be pursued through the Comprehensive Map Amendment. These generally fall into three categories. They are a) recommended rezonings that already been implemented, either through the Stonestreet Master Plan process or through the application of the floating zone; b) recommended rezonings that will have been superseded by the adoption of the Town Center Master Plan; or c) rezonings which are recommended only if certain conditions were met (typically the development of a BRT station).

Specific Proposed Rezonings Resulting from Comprehensive Plan Recommendations

The locations of proposed rezonings are generally shown in Figure 3 below. Specific information related to staff’s proposed rezonings resulting from the Comprehensive Plan’s recommended rezonings is found in Attachment 2 above - Proposed Rezonings to Implement Comprehensive Plan Recommendations. The exception to this is the proposed rezoning of the Town Center Master Plan (TCMP) Area. Staff will develop specific recommendations to implement the TCMP in the near future.

Attachment 2 contains information related to each proposed rezoning, including the Planning Area, Focus Area, current zone, Comprehensive Plan recommendation, and staff proposal.

Reviewing the proposed rezoning areas within this attachment will be the focus of the January 27^th work session. Staff requests that the Mayor and Council provide feedback on these recommendations. For a full description of existing and proposed zones within the city, see Attachment 3 above - Descriptions of All Existing and Proposed Zones.

Figure 3. Citywide proposed rezonings resulting from Comprehensive Plan recommendations

Mayor and Council History

Mayor and Council approved a project charter for the Zoning Ordinance Rewrite Project in October 2022 and awarded the consultant contract to ZoneCo in June 2023. Since the project was initiated, staff have provided periodic updates on the project via emailed memos.

Public Notification and Engagement

Extensive outreach and engagement were conducted over a period of five years to inform the Rockville 2040 Comprehensive Plan. The Zoning Ordinance Rewrite and Comprehensive Map Amendment are the implementation of Comprehensive Plan recommendations and therefore build on the engagement and outreach conducted with the Comprehensive Plan.

The main phase of engagement for the CMA project began in September 2024 and continued through December 2024. Engagement consisted of the following:

• Set up Engage Rockville project page (engagerockville.com/zoningrewrite) in September 2024

• Virtual and in-person public meetings on October 17 and 22, 2024, respectively, to present information about the Zoning Ordinance Rewrite project. 17 people attended.

• Hard-copy notices (1,107 total) mailed on October 23, 2024, to the owners of all properties proposed to be rezoned, and those within 100 feet of proposed rezonings. Letters included instructions for translation into 4 additional languages (Spanish, French, Simplified Chinese, Korean). Notice templates can be found in Attachment 1 of this staff report.

• Virtual meetings on November 12, 13, and 14, were targeted to notify recipients to provide information and hear feedback. 69 people attended.

• Email to all neighborhood associations with properties to be rezoned within or adjacent to their boundaries, offering to meet with them to provide information and hear feedback

• In-person meetings with neighborhood associations, as follows:

o East Rockville Civic Association, June 11, 2024 

o Lincoln Park Community Association, October 12, 2024 

o Twinbrook Community Association, October 15, 2024 

o West End Civic Association, November 14, 2024

o Montrose Civic Association, December 10, 2024

• Meeting with the Twinbrook Library English Conversation Club to provide information and hear feedback

• Survey to identify individuals interested in participating in a focus group

• Focus groups with renters, homeowners, and interested community members. Invitation to participate in a focus group was extended to all those who expressed interest via online survey prior to November 30, 2024. 36 people attended.

During this time, city staff utilized Rockville Reports, City social media channels, email blasts, and newsletters to inform the community about the project and opportunities to learn more.

Feedback can be summarized as follows:

• Endorsement for the proposed rezonings as a means of supporting city housing goals, transit, and walkability; possibly resulting in housing for seniors, families, and young professionals; and possibly attracting new residents.

• Concerns related to possible increased traffic, property taxes, number of residents, and building heights.

• Concerns about neighborhood compatibility

• The uncertainty of what might happen under new zoning (i.e., it is not possible to tell if/when/how a property would develop or redevelop based solely on existing or proposed zoning).

• Equity, with some observing that proposed rezonings are concentrated in the eastern portions of the city.

• Community members generally like the look of middle housing types, with many wanting to ensure they are the same general scale as surrounding development.

• Renters desire to continue living in Rockville, but are concerned about affordability, particularly in terms of homeownership. They viewed the expansion of middle housing as a possible path to homeownership.

• Concerns with more density and parking in the area

• Support for more density.

• Support for attracting new residents.

• Some perceive that zoning can be overly restrictive.

• Community members generally value proximity to amenities (metro, parks, schools), walkability, and transit, and they desire to support a vibrant business community, particularly neighborhood retail.

Boards and Commissions Review

The ZOR and CMA will be reviewed by city boards and commissions as per the project charter upon the release of a draft ordinance and zoning map. To date, the Planning Commission has received regular updates on project progress, with the most recent update occurring on December 11, 2024. The Environment Commission also requested and received a briefing in November 2024.    

Next Steps

The Mayor and Council are scheduled to hold an additional work session on the ZOR and CMA focused on development process improvements on February 24, 2025. A draft Zoning Ordinance and zoning map will be released for public review prior to the adoption process. The adoption process for both ZOR and CMA is planned to begin in 2026.   