2008 MCPS Zoning City of Rockville

8/12/2019 2008 MCPS Zoning City of Rockville

http://slidepdf.com/reader/full/2008-mcps-zoning-city-of-rockville 1/30

SummaryRockville Draft Zoning Ordinance Revision

• Primary Concerns

o Overstepping limits and ass er ting authority in areas outside its boundso Reducing Q ieproperty value of one gover ning bodyby another g ov ern in g b od ywithout adequate compensation

o Reducing Qrseriously impacting th e value o f pub li c p rope rtyo Interfering'With fu lfillin g m a nd ate to p ro vid e s afe tya U surping existingprocedures and poten tialconflict w ith fe de ra l ru le s

• Issueso CESC

• Residential i sl an d a mong c omme rc ia l• Inconsistentwith adjacent dens it ies• Low density use inconsistent with goal of clustering higher density near major

arterieso Stone Street

• Location suited for mixed use project consistent with Smart Growth principals• Mixed use consistent with city's state vision of sustainability• Ideally suited fo r h ig he r d en sity g iv enproximity to rai l r igh t-of -way

o Parle Overlay• If s*1r?lused,c on stitu te s ta kin g M C P Sproperty without compensa tion• Lard value alone of the 16 school sites approximately 55 million• Already zonedresidential thereby precluding commercial development

o Fences• Limits height to 4 feet• Safety and security requires 6foot fence

o CellTowers• Effectively precludes any cell tow er being located as conditions w ould be

inconsistentwith functioning of tower• C ounty regulation already in place regarding location ofcell ph on e to we rs an d

specifies that MCPS must adhere to those rules• M CPS has rigorousprocess fo r lo ca tin g c ellphone towers including

substantialcommunity input

,,



MQNTGOMERY COUNTY BOARD OF EDU TION

B S O H un ge rfo rd D riv e+ R oc kv ille ,Maryland 20850

February 5,200

Ms.RobinWiener,~City of Rockville PlanjtlngCommissionCityH ail .ll l Ma ryJa nd Ave oneRockvil le . Maryland ~0850-2364

D ea r M s. W ie ne r:

We applaud thecity s comprehensiveunderlalcingo f the D raft Z oningOrdinanceR ev isio n and the

Draft ZooiDg Mapto Ijlodcmize zoning conceptsusing consistent,clear and conciselanguage.Thisle tte r is o ffe re d a sconpnientfor the record on the draft ordinance and m apas it p er ta in s to th e re alproperty ownedby the Boa:rd ofEducation.

C.arver EducatioDal $enicu Center,850 HlIDgerl'Ol'dDrive

The Draf t ZoningMap identifies the C arver E du cational S erv ices C en ter { CE SC ) property as anR-200 zone.comparat le to its prior designation in the Residential-SuburbanZ.One,whichh as b eeneliminated, Contimrii;g use for educational inst itntion useis still viable under the new zoningdesignation. Redevelqpmentopt ions forresidentialuse of tw o dw ellingwritsp er a cr e a re lim itin ga nd n ot c on sis te ntwiJb d en sitie s in th eadjocect n eig ab orh oo d, w hic h iscommercia l a longth eHungctford Drive (MJt>355) frontage,singte-faroily detached {R-90) across MannakeeStreetto th e

west , andtownhouses[ R-3 0 a nd R· 6C> )o n th e s ou th a nd e ast b ou nd arie s. Low d en sity d ev elo pmen ta lo ng a m ajo r a rteria l i an d c lo se to o th er am en itie s is n ot, in b e B oard's op inion , thehighest an dbest use of thesite: 'Ihe elimfuationof specialdevelopmentp ro ce du re s r emov es a llother options.T h e B oa rd o f E du ca ti~ re qu ests 1 ha t t his p ro pe rty b e re co ns id ere d fo r z on in g a t a h ig he r d en sityand include off ice and service retai l a long the prope rty's :MD 355 f rontage.

L incoln C arte r-, 5 80if .StonestreetAvenue

Tue D raft Z on ing M * Pid en tifies th e B oa rd 's warehouse propertyas an R -60 zone, w hich isco mp arable toth e existing zoning.,provid ing for6,000 square foot residenliallots. T he B oardbelieves fuatthe loca .ti~n of tf rl3property, less than a mile f rom the RockvilleMetro Station, is idealfor the newM i x e d -U s c i :Trans it ion (MXT) zone.I t li es adjacent to exi st ing indust ri al uses tha t weretarge ted for the .ToWJI C~ter Eas t zone in the Eas t Rockv ill e Ne ighborhoodPlan. The weste rn h alfdf th e property also i~ a djaten t to th e C SXand M.etrorailright-of-way. T he Boar d beli evesthathigher densities shouldbe lo ca te dacljacentto th e ra ilright-of-waya nd lo we r d en sitie s w he re th eprope rty abu ts ex. is tin$ s ingle -family homes.This area should consist of a m ix of single-fam ilyhom es andtownhouseUnits.

Ph on e 3 01 -Z 7 9 -3 51 7 ;• f ax 3 01 -2 .7 9 -3 86 0 •[email protected]+ www.montgomeryschoolsmd.org

;;;



~~~~~~~~

Ms Robin Wiener 2 February5 2008

Scho1>ls

P ub lic P arle Z on ei~ a new ly added zone overlay on all city pm :ks andrecreation a re as . Th isp ub lic p ark z on e is '$ ein g a dd ed to a ll sc ho ol site s, in clu din g sc ho olrecreation a reas , to p rese rveth e p ro pe rtie s f orpatk us e if a school is closed and declared surplus. T he im pact of thischangew ill be to.limitrede ve1opmoot valuefor a lte rn ativ e u se s o fany sc ho ols th at m ig ht b e d ecla re dsurplus in the futnrs, It also w ill m akeit difficult to exchange properties. In thepast, closedschoo ls havebeen used for m any purposes, including recreation centers, elderly housing, andparks. T he county' has a disposition process for determ ining the use of closed schools andsurplus sites that provides ap ub lic forum fo r reviewing alternative uses consistent withco mm un ity n ee ds. th e B oa rd b elie ves th at th is is th e p re fe rre d m eth od fo r re use .

Fencing l imita tionsP ithe residential zone at four feet are not consistent w ith school needs forsix-foot-highfoncin~ in 'som e areas forsafety and security. T he B oard requests the fencingheight limitation be ~vised. . ..

Telecommunication Towers

T he D ra ft Z on in gOtllinanceindicatesa preferencefar·placement of telecommunicationfacilitiesin non-residentialzQ les or on city-owned property and sets a height limitation of 50 feet in ar es id en tia l z on e a ndl99 fe et in all o th er lo ca tio ns. T he im pa ct w ill b e to e ffe ctiv ely p ro hib it c elltow ers o nschoo l s if tsin the city becauseall schoo l s it esare in residential zones and 50feet istoo low to attract ~erest among cell tower vendors. The Board urges the city to revise thisprovision and work,with county officials to d ev elo p u nifo rm c rite riafor telecommunicationtowersacross the county,

T he Board ofEducationlooks forwmi to par tic ipatingfurtheron the revisions to theDraftZoniagO rd in an ce a nd D ta ft:Z on in g M a p a sthey p ro ce ed th ro ug h p ub lic re vie w o ve r th e n ex tmonths,Iwouldappreciatean t;pporttm:ityfo r B oa rd o f B dn catio n m em be rs to m ee t w ith th ememberso f th ePlanning Commissiol). todiscuss the futureof MCPS properties.

Thankyou fur your c~iderati .on of ou rinterests.

PresidentNN:vnb

Copy to :Members of the Board of EducationHonorable Susan R.,Hoffmann , MayorD r, We a st.Executive StaffMr. LavorgnaMr. Ikheloa

c :



: .\ ..~: ' ·.I -~~I r.''.-~

:..-,..f:~~ .~·~i : \ - .~ : ;· ·••f ~: ' .H,~~: . i - . . - .. .~~

'~-;:;: :~-·~-;~~. :r i L~·r-, .r ..~~~~ ,_ - r T ·

·..J~--F ·'. •.·,rr :~.-\(.-

Ciey ofRockville111Ma'1land Avenue1l.ockville. Ma;rybu;d

20850.2164

www.rockvillerod.gov

l4a]'<lt & CowiriJ

2411-314..'W O

' TY i40.. 14·f l37

PAX2 (}.B ~Bll89

? · ¢ 'i;; 0 ~ I 'VH'T1, . .• L ' - · · V-i~ . ,/ .. ;J _ _ . ,.

June 19,20~8 jlJN 2 fr fa~8

N an cy N av arro, P re sid en tM o ntg om ery C ou nty B oa rd o f E du ca tio n8 50 Hun ger fo rd Dr.Rockville, ~ 20850

Via fax 301~279-3860

BOARD 0F~ .f:f

D ea r M s. N av ar ro :

T ha nk you f~ r you r l.e tter o f June 4, 2 00 8, outlinin gthe M o ntg om er y C ou ntyBoard ofEducation's concerns with the draft of the City of Rockville's new Zoning Ordinance. I

wantto assure yo u that the City's P lanning C om m ission did giv edue consideration to th ep oin ts y ou ra ise d ina previous letter andh ig hlig hte d th ose issu es in th eir tr an sm itta l le tte rto th e M ay or and Counc il .

It is m yunderstandingthat a representativeof th e Board of E du cation has signed up tospeak about1heseissu es atthe Public Hear ingon June 30 at 7:00 p.m, at City Hall.Additionally,if yo u w ould like theopportunity to discuss your concerns in m ore detailwiththe Ma~r and Council, we would be happy to add this item to one of theworksession ~endas during which we will discuss the Zoning Ordinance in depth.. If thisis desirable, ~lease let ~e know your preference to meet on either Wednesday, July 9, orMonday,July 14. Both worksessionswill be gin at 7 :0 0p.m,

Tue C ityof Rockville appreciates your interest in the draft of the new Zoning Ordinance,and we-look forward to working with you. ·

Sincerely,

~~

Susan R._HoffmannMAYOR 1 Mayor

811° R.HoEm£1J

OOUNCILJo e . .B Britt<io

Piat:r Gajewski

Phyllis Mim=c:io

k~ M. ltcbbc.-

'MA.'lA-GER.ottUl UT

CITYCll aU<CJwF.~1o11r

Cl'l':i'ATl'O:BNBY

PalllT. Glaaaa '

cc : CouneilmembersJoe L avo rgn a, A ctin g D irecto r of F acilities M an age men t, M C PSScott IOllery,City ManagerS on dra H aran s B lo ck ,Assistant City AttorneySusan Swif t, AICP.Director, CommunityPlanning a nd D ev elo pm en t S erv ic esJim W asilak , C hief o f P lan nin gDeane Mellander, Planner ID

,,



TESTIMorrr OF JOSEPH LA VORGN.A, ACTING DmECTORDEPARTMENT OF FACILITIES MANAGEMENT

M(>NTGOMERY COUNTY PUBLIC SCHOOLSBEFORE TB~ORAND COUNCIL OF THE CITY OF ROCVILLE

FINAL . ZONING ORDINANCE AND ZONING MAP

JUNE 30, 2008

Good evening. Fqr the record I am Joseph Lavorgna, acting director of theDepartment of Facilities Management for Montgomery County Public Schools.With me tonight is Ms.Janice Turpin, Real Estate Management Team Leader. Weare here tonight ta comment on the Draft Zoning Ordinance and Zoning Map as itpertains to the real property owned by the Board of Education.

There are over 7,40$ students who attend Montgomery County Public Schools (MCPS)who reside in the City of Rockville. The annual cost to educat.e those students toRockville and countt tax payers is over $106 million. Property values are enhanced bya strong school sys~m, and property values of publicly held properties also can play asignificant role in ~tigating the escalation ofeducational costs.

There are some specific items in the draft ordinance that the Board of Educationwould like to point qut that may have possible unintended consequences and will havethe effect of reducing' or seriously impacting the value of publicly held property in thecity. Reducing the talue of Board of Education or county property values eliminates

flexibility in addressing public needs. Reducing flexibility has the effect of increasingcosts for all county l)esidents including those in the City ofRockville.

Carver Educatioqal Services Center - 850Hungerford Drive

The Draft Zoning Map retains the existing density of.two dwelling units per acre forthe Carver Educational Services Center CCESC)property and substitutes _theR-200zone for the obsolete Residential-Suburban Zone, which has been eliminated. Whilecontinuing use as ~ educational institution is still permitted under the new zoningdesignation, redevelopment options are limiting and inconsistent with densities inthe adjacent neighborhood, Le., commercial uses along the Hungerford Drive (MD

· 355) frontage, single-family detached (R-90) across Manakee Street to the west, andtownhouses (R-30 and R-60) on the south and east boundaries. Low densitydevelopment along a major arterial and close to other amenities is not, in theBoard's opinion, th~ highest and best use of the site, nor is it consistent with goalsof locating higher densities near major arteries and services. The elimination ofspecial development procedures removes all other options. The Board of Educationrequests that the portion of this property :fronting on Hungerford Drive be

1



.reeonsidered for zol).ing at a. higher density such as MXCD which is the same as theproperties on eithet side of 850 Hungerford Drive. This zoning would allow officeand service re-tail along the property's MD 355 frontage. Please see C-3.

Lincoln Center - $80 N. Stonestreet AvenueThe Board's warehouse property consists of 12.32 acres split by North StonestreetAvenue into two parcels with 8.46 acres on the west side adjacent to the CSX railright-of-way and 3~6 acres on the east .side between the old Lincoln High Schooland single-family residences along Howard Avenue. The Draft Zoning Map assignsthe entire property to the R-60 zone, comparable to the existing zoning of 6residential lots per acre. Please see map C-3.

The Board believes that the location of this property, less than 0.3 of a mile fromthe Rockville Metro Station, is ideal for the new Mixed-Use Transition CM:XT)zone.

The MXT zone is intended for sites in close proximity to single-family detachedresidential uses,~ as that found on North Stonestreet Avenue, to provide localretail and service uses within walking distance to residents. The MXT zone wouldbe consistent with. the East Rockville Neighborhood Plan to provide a vibrant,mixed-use area with a combination of retail, restaurants, small-scale offices andmultifamily residences, The Board believes that higher densities should be locatedadjacent to the ran right-of-way and lower densities where the property abutsexisting single-family homes. This change in zoning would enhance the value ofthis public parcel fo rthe public good and provide an opportunity for the city toencourage smart growth very close to the Rockville :METROStation.

School Sites

The Park Zone is 4inewly added zone overlay on all city parks and public schoolsites. Thia park zone is being added to all school sites to preserve the park use if aschool is closed and declared surplus. The impact of this change will be to limit theredevelopment value for alternative uses of any schools that might be declaredsurplus in the future, It will also make it difficult to exchange properties for futureschool sites. In addition, all of the school sites in the City already have anunderlying zoning that provides for the type of permissible redevelopment if aschool site were sunplused to the County.

School property has monetary value; placing an overlay zone on all MCPS schoolsites to preserve fuiture recreational use raises concerns about a question of takingthe value of Cou~.ty property without compensation. Adding all of the landassessment values for Board of Education owned school sites located within the Cityof Rockville, produces a total value of $59.2 million as residential property. Thereduced value of thJit property if it were a park is zero.

2



~~~ ~~~~~~ ~~~~~ ~~~~~

In the past, closed schools have been used for many purposes, including recreationcenters, elderly hqusing, and parks. The county has a disposition process fordetermining the use of closed schools and surplus sites that provides a public forum

for reviewing altetnative uses consistent with community needs. The Boardbelieves that this ia the preferred method for determining reuse.

Fencing Height ~tations

Fencing Iimitations in the residential zone at four feet are not consistent withschool needs for six-foot high fencing in some areas for safety and security. TheBoard requests the tfencing height limitation be revised.

Telecommunicatipn Towers

The Draft Zoning' Ordinance indicates a preference for placement ofteleeommunication rfacilities in non-residential zones or on city-owned property andsets a height limitation of 50 feet in a residential zone and 199 feet in all otherlocations. The impact will be to effectively prohibit cell towers on school sites in thecity because all school sites are in residential zones and 50 feet is too low to attractinterest among cell, tower vendors. The Board urges the city to revise this provisionand work with county officials to develop uniform criteria for telecommunicationtowers across the cfmnty. Our parents have indicated a strong desire for the Boardto maintain good V'fu'elesscommunications within the schools we operate for safetyand security.

Board of Education members plan to participate in your worksession scheduled forthe evening of July'l4, 2008. Thank you for your consideration ofthese remarks.

3

,,



. ·... ,.

· · . ~I

. .

~

··

Isiah ·Leggett<Aunty. et::U1ive

· OFFlcE OFlHE'cOUNTY ID$CU'.riVE. itoaviu.EiMAa.'ILANI>208Sil

July 1,2008

. . .The HonorableMayora n9 Counc ilCityof Rockville ·111 Mai-ylandA~· ...

'Rockville;Macyland:~osso·

DearMayo~and C~: .·

· I a mW ritingrp~g th~Ci.tf's~ Z.OuingOrdinance andZotringMap,'sPecificallyasthe proposals rela~ 10 a~ ofMontgomeryCollllty Public Schools properties.First, I ··unciersbmd that theUaft Zoning;Maphas designate<ithe B oard ofEducation'sp roperty at 5 80North Stonestreeta nR-60 designation. This designation :represehtsasignificantdown-zoningfrom:thecurrent zonibg ofsix residential lotsper acre.Given thisproperty'sclosepro~ tothe RockvilleMetro *tatio~. it seemsideally suited fo rihe.prop0sednew transitional mixed usezon~. Such a designat icn 'Wouldbe morecOJJSistentwith the County 's effor ts to ensurethitSmartGrowth optiOIISfor land Usedevelopment arepursued whenpossible and prudent W e, · .believe thiS p~ lsldeauysciitedfur a desi~on that ~m.otes Smart Growth. .

In a:ddm~I ~ c on ce rn ed with th e p ro po se d n ewParleZ one- a zo ne overlay o nall city

p ark s a nd p ub lic sc liq ol site s, I u nd ers ta nd th e' in te nt, b ut I a m c on ce rn ed th atit significantlyreducesthe :fiexi1tllitjand lan4 value of Board of Edu.cationproperties and confli~ withtheCounty sschooheu$ policies. G iven thatany snrplus Boardof EducafiQn·properties conveytothe County,'.Iam ~em.ed that such a zone would have Significant adverse effecton tbe ..c_ounty,sinterests. _ _

. . .If-youwould like~ discussmy concetns,please let .me ·know or· ·contactDiane~chwaitz-

Jones,Assist.ant Chi•fAd.miniStrati.ve9f icerat 240:-777-2561.Thank you. ·

Sincerely,

IL:vj

{·

;



»>

MQNTGOl\ \ERY COUNTY BOARD OF EDUCATION850 Hungerford Drive • Rockville, Maryland 20850

July 3 . 2 00 8

The Honorable Susan IR..Hoffman.tiMayor, City of RockvilleCity Halll I l Maryland AvenueRockville,Maryland i0850-2364

Dear Mayor Hoffmann:

Thank you for your let te rof June 19, 2008, responding to my request for a meeting with themembers of the MontgomeryCountryBoard of Education and the Rockville City Council to discussthe Board's concerns r eg ard in g th eld ra ft o ftbe City of Rockville's Zoning Ordinance an d ZoningMap revisions. Mr. Jeseph Lavorgna, acting director of the Department of Facilities Managementtestified before the ~yor and ar i Council at the Public Hearing on June 30. 2008, about theBoard's concerns. Additionally, BoF of Education members plan to participate in the worksessionscheduled for Mo nd ay, Ju ly14, 2008, to discuss our concerns in more detail.

Thank you for your consideration,

NN:kmy

I Sincerely,

';;/~~\ ' Nancy NavarroPresident

I

Copy to: .Members of the Boardof EducationMembers of the RocMe City Couhcill)r. Vl'east 1

Mr.BowersMr.Ikheloa

Mr. LavorgnaMs. TurpinMr. Ulle ry

Phone 301-279-3617 'iFax 301-279-3860 • [email protected] + www.montgomeryschoolsmd.org

:<



,,

~

0. . . . ,~C J) lJJ

Q C D-, C J ) 0 oo, C J) Q)

c ._ - · - ·. ::J 0-·

£ Ol :::l -,. , . . . . .

o, < < :J 0 0 0~ o ::J~ C D

-+\ Q) -t,

- -u m :J ;oI\.) :: :a .. ,o CD 0

c.. c.. 0

a·< -o co

·co ~- en o

~

CD Q)::J o, , . . . . ._ -·-e n -· -

N 0 C D

·o : : :J: : :J

-·:Jco



r r ~ - = > = ·

i-· ' -' -' -' -' - ' -- '-» - '' - . IA.' .C:: --~f

\ . / .1 .1 1 1. . · .. .. - ·· : O· ,• ;; ;- ;- ;· .; ;. ·· . .- .· .- ·. . I · ....t~~.,,..... : · r i f . . . . . . , i_, 1~ N.... )1 f • , 0voard of EducationRockville Property

School

; : , ; , : iBOE Property

OHS

CJ Rockville

all levels and centers

,,/

. :~-~~~-=

· · ·~-c · • • \/

r1. · ,__ ~ ·<.I', ~- - ' •., r. ..



c., jl).Ot~:t~-,~

Nw .l......•.·j~r-

.s ~ - - . - ~ . . . - . - - - , - - - --- ---- ----- - · -- ---- -- - ---- ·

C IT Y O F R OC K VILLEO ePA RTtv 18 \I T O F C O M t4 .J NI TY P LA N NI NG

. D J ' 1 0DEVELOFtrlENT SER\1C E SC

--.-.



Stonestreet Warehouse and Service Facility

~95 North ~tonestreet Avin,~e .$ . >h ~ ~ ~ l . . .\·.··.· \£$,,~J

L • - ~ ' • ' 7 f. ~ 0 ' • : : \ / ' , ' ' ' • : • ' ~ .. -v

-...../ . / · ,,.,,A · · ~\,..- . : /~.._~,,:'· ,' ) ._ .,• · . .; _ _ ' .·· .1 ·. =0~· ·,. ... \ \ :.;~6 \\,.\ .: ·:../ ,...

''~0~·.., . ·:.·.·~:y (\•) -1 .\ l;,;: : \ ~ · ·:.

'\~;: ~~~~

,_ ; f t4\/11. :> ) 11 . . .. . . :~J: . , . :· :f:: ~ ,~ ;.: ··~ •\ t ; , _ j~>-1~\ ·\)y (..·/.. /:..r~~...\ -,t ~~ ~-;1.J.:·~_,:~?_.-~~.:: . : t.., :· :. ,· )· . -: ,~ . .If . · . 4:t-~ -' ·~·-,·: , .:·:;~(·:·~~ ~~- ~~.- _;i /'~~I ·''.:\~ j /7 E . ..- : ·i: . : .7 . -~ - , : :J.r>.····. ; t I Y · f; . i... /·. '•-..... . '. :·...·

.: / ix._ , :d :·:: :. ·._•• • :,:.:.-· -••

· · .< ·.P ark .< · r ,

. < ., , ; :

CITY OF ROCKVILLE -..O E F ' A RT M B l l TOF C O M t4 J N IT Y P L A NN IN GC -

ANDOB/ELOFtriENTSERV1CES~-__..__-

i , . .. . . . . .. . . •

'i:

N

V1.r.J1-~·- .r · -,. . : ·



,,tu

t ()~ ,-·-·. . . . . .-·C De n



e n, . . . . . . . . .0:JC DC J )

·,-+.,C DC D, . . . . . . . .

•

-·-C D



N

'\Al' ·A.-..;.;· ~ - ~ ; ,-

s

;I

~I

J j

M aryvale Elem entary S chool

1000 F irst S treet

C-3ITY OF ROCKVILLE

D EPA RT M EN T O FC OM M J N IT Y P LA N NIN GM mDEVELQR,1 ENTSERY1C ES



Tl

C D:JC1C DIC D

-·, . . . . .I

h

C DC D• • • • • • •r-1

00

0~



Cell Towers• Limiting Height to 50 feet restricts potential sites

• County Uses Telecommunications TransmissionFacility Coordinating Group

.·:.Magru.der}-f S-··.Stadiuh1 Ligh~ Pole -125 . Stealth Tower - Tilden MS - 75 feet·I

- ..~l: : . , . . . ' ; \

·.

'

. ~ · · ·. - . ; - .. · _:: .._.:: · 1:

. . .'~~-.·

. .;·~ .. . · ·_ ; => . ,:.:.



Questions and Discussion

• CESC - 850 Hungerford frontage - MXCD '• Stonestreet property - MXT• Park overlay zone - Eliminate

'

- $54 million in property value- $165 million in improved value

• 4 feet fence height too low for security• Cell tower height - 50 feet too low



Isiah LeggettCounty Executive

oFF rCE·r rmrcounrv axsctrrrvs. ROCK V U.LE, MAR.Y LAN D2 1850

July 1 .i008

The Honorable Mayor and CouncilCity of R ockville ·111 Maryland Avenue· ·

·Rockville, Maryland 20850

Dear Mayor and Council:

· I am writ ingregarding the City's Draft Zoning Ordinance and ZoningMap, specificallyas theproposals relateto a numberof Montgomery County Publ ic Schoolsproperties. First, I'understandthat the Draft Z o nin g Ma p h asdesignated the B o ard o fEducation's prope rty a t 580North Stonestreeta nR-60 designation.This designation representsa significant down-zoningfrom,the current zoning of six residential lots per acre. Given this property's close proximity tothe Rockville Metro Station; it seems ideally suited for the.proposed new transitional mixed usezone. Such a designation wouldbe more consistent with the County's efforts to ensure thatSmart Growth optionsfor land use deveiopmentare pursued when possible and prudent w~· .believe this property is ideally suited for a designation that promotes Smart Growth.. .

If ·youwould like todiscuss my concerns,please let-me ·know or..contact Diane SchwartzJones,Assistant Chief Administrative Officerat 240-777 ~2561. Thank you.

Sincerely,

. · l4ZLG?x'County Executive

IL:vj

::



TESTIMONY OF JOSEPH LAVORGNA, ACTING DIB.ECTORDEPARTMENT OF FACU.ITIES MANAGEMENT

MONTGOMERY COUNTY PUBLIC SCHOOLSBEFORE THE MAYOR AND COUNCIL OF THE CITY OF ROCVILLE

FINAL DRAFI' ZONING ORDINANCE AND ZONING MAP

JUNE 30, 2008

• Good evening Mayor Hoffman and members of the City Council.

• For the record I am Joseph Lavorgna, acting director of theDepartment of Facilities Management for Montgomery CountyPublic Schools.

• With me tonight is Ms. Janice Turpin, Real Estate ManagementTeam Leader.

• We are here tonight to comment on the Draft Zoning Ordinanceand Zoning Map as it pertains to the real property owned by theBoard of Education.

• There are over 7,400 students who attend Montgomery CountyPublic Schools (MCPS) who reside in the City of Rockville.

• The cost to educate those students to Rockville and county taxpayers is over $106 million.

• Property values are enhanced by a strong school system, andproperty values of publicly held properties also can play asignificant role in mitigating the escalation of educational costs.

• There are some specific items in the draft ordinance that the Boardof Education would like to point out that may have possibleunintended consequences and will have the effect of reducing orseriously impacting the value of publicly held property in the city.

• Reducing the value of Board of Education or county property valueseliminates flexibility in addressing public needs.

• Reduces flexibility has the effect of increasing costs for all countyresidents including those in the City of Rockville.

1;I



Carver Educational Services Center - 850 Hungerford Drive

• While continuing use as an educational institution is stillpermitted under the new zoning designation, the existing zoningis inconsistent with densities in the adjacent neighborhood, and

with the commercial uses along the Hungerford Drive (MD 355)frontage.

• Low density development along a major arterial and close to otheramenities is not, in the Board's opinion, the highest and best useof the site, nor is it consistent with goals of locating higherdensities near major arteries and services.

• The Board of Education requests that the portion of this propertyfronting on Hungerford Drive be reconsidered for zoning at ahigher density such as MXCD which is the same as the propertieson either side of 850 Hungerford Drive.

• This zoning would allow office and service retail along theproperty's MD 355 frontage. Please see C-3.

Lincoln Center - 580 N. Stonestreet Avenue

• The Board's warehouse property consists of 12.32 acres split byNorth Stonestreet Avenue into two parcels with 8.46 acres on thewest side adjacent to the CSX rail right-of-way and 3.86 acres on

the east side between the old Lincoln High School and singlefamily residences along Howard Avenue.

• The Draft Zoning Map assigns the entire property in the R-60zone, comparable to the existing zoning of 6 residential lots peracre. Please see map C-3.

• The Board believes that the location of this property, less than 0.3of a mile from the Rockville Metro Station, is ideal for the newMixed-Use Transition (MXT) zone.

• The l\1XT zone would be consistent with the East RockvilleNeighborhood Plan to provide a vibrant, mixed-use area with acombination of retail, restaurants, small-scale offices andmultifamily residences.

• This change in zoning would enhance the value of this publicparcel for the public good and provide opportunity for the county

2,,



to encourage smart growth very close to the Rockville METROStation.

School Sites

• The Park Zone is a newly added zone overlay on all city parks andpublic school sites.

• This park zone is being added to all school sites to preserve thepark use if school is closed and declared surplus.

• The impact of this change will be to limit redevelopment value foralternative uses of any schools that might be declared surplus inthe future.

• It will also make it difficult to exchange properties for futureschool sites.

• In addition, all of the school sites in the City already have anunderlying zoning that provides for the type of permissibleredevelopment if a school site were surplused to the County.

• School property has monetary value; placing an overlay zone onall MCPS school sites to preserve future recreational use raisesconcerns about a question of taking the value of County property

without compensation.• Adding all of the land assessment values for Board of Education

owned school sites located within the City of Rockville, produces atotal value of $59.2 million as residential property.

• The value of that property if it were a park reduces that value tozero.

• The county has a disposition process for determining the use ofclosed schools and surplus sites that provides a public forum forreviewing alternative uses consistent with community needs.

• The Board believes that this is the preferred method fordetermining reuse.

3::



encing eight Limitations

• Fencing limitations in the residential zone at four feet are notconsistent with school needs for six-foot high fencing in someareas for safety and security.

• The Board requests the fencing height limitation be revised.


• The Draft Zoning Ordinance indicates a preference for placementof telecommunication facilities in non-residential zones or on cityowned property and sets a height limitation of 50 feet in aresidential zone and 199 feet in all other locations.

• The impact will be to effectively prohibit cell towers on school sitesin the city because all school sites are in residential zones and 50feet is too low to attract interest among cell tower vendors.

• The Board urges the city to revise this provision and work withcounty officials to develop uniform criteria for telecommunicationtowers across the county.

Board of Education members plan to participate in your worksession

scheduled for the evening of July 14, 2008. Thank you for yourconsideration of these remarks.

4,,



T EST IM ON Y O FJOSEPH L AV O RG N A , A C TIN GDffiECTORDEPARTMENT OF FACILITms MANAGEMENT

MONTGOMERY COUNTY PUBLIC SCHOOLSBEFORE THE MAYORAND COUNCIL OF THE CITY OF ROCVILLE

FINAL DRAFI' ZONING ORDJNANCE AND ZONING MAP

JUNE 30, 2008

Good evening. For the record I am Joseph Lavorgna, acting director of theDepartment of Facilities Management for Montgomery County Public Schools.With me tonight is Ms. Janice Turpin, Real Estate Management Team Leader. Weare here tonight to comment on the Draft Zoning Ordinance and Zoning Map as itpertains to the real property owned by the Board of Education.

There are over 7,400 students who attend Montgomery County Public Schools CMCPS)who reside in the City of Rockville. The annual cost to educate those students toRockville and county tax payers is over $106 million. Property lalues are enhanced bya strong school system, and property values of publicly held pr perties also can play asignificant role in mitigating the escalation of educational costs.

There are some specific items in the draft ordinance that the Board of Educationwould like to point out that may have possible unintended consequences and will havethe effect of reducing or seriously impacting the value of publicly held property in thecity. Reducing the value of Board of Education or county property values eliminates

flexibility in addressing public needs. Reducing :flexibility bas the effect of increasingcosts for all county residents including those in the City of Rockville.

Carver Educational Services Center - 850Hungerford Drive

The Draft Zoning Map retains the existing density of two dwelling units per acre forthe Carver Educational Services Center (CESC) property and substitutes the R-200zone for the obsolete Residential-Suburban Zone, which has been eliminated. Whilecontinuing use as an educational institution is still permitted under the new zoningdesignation, redevelopment options are limiting and inconsistent with densities inthe adjacent neighborhood, i.e., commercial uses along the Hungerford Drive (MD

355) frontage, single-family detached (R-90) across Manakee Street to the west) andtownhouses {R-30 and R-60) on the south and east boundaries. Low densitydevelopment along a major arterial and close to other amenities is not, in theBoard's opinion, the highest and best use of the site, nor is it consistent with goalsof locating higher densities near major arteries and services. The elimination ofspecial development procedures removes all other options. The Board of Educationrequests that the portion of this property fronting on Hungerford Drive be

1 : ~



reconsidered for zoning at a higher density such as l\IIXCD which is the same as theproperties on either side of 850 Hungerford Drive. This zoning would allow officeand service retail along the property's MD 355 frontage. Please see C-3.

Lincoln Center - 580 N. Stonestreet AvenueThe Board's warehouse property consists of 12.32 acres split by North StonestreetAvenue into two parcels with 8.46 acres on the west side adjacent to the CSX railright-of-way and 3.86 acres on the east side between the old Lincoln High Schooland single-family residences along Howard Avenue. The Draft Zoning Map assignsthe entire property to the R-60 zone, comparable to the existing zoning of 6residential lots per acre. Please see map C-3.

The Board believes that the location of this property, less than 0.3 of a mile fromthe Rockville Metro Station, is ideal for the new Mixed-Use Transition Cl\llXT)zone.

The MXT zone is intended for sites in close proximity to single-family detachedresidential uses, such as that found on North Stonestreet Avenue, to provide localretail and service uses within walking distance to residents. The MXT zone wouldbe consistent with the East Rockville Neighborhood Plan to provide a vibrant,mixed-use area with a combination of retail, restaurants, small-scale offices andmultifamily residences. The Board believes that higher densities should be locatedadjacent to the rail right-of-way and lower densities where the property abutsexisting single-family homes. This change in zoning would enhance the value ofthis public parcel for the public good and provide an opportunity for the city toencourage smart growth very close to the Rockville METRO Station.

School Sites

The Park Zone is a newly added zone overlay on all city parks and public schoolsites. This park zone is being added to all school sites to preserve the park use if aschool is closed and declared surplus. The impact of this change will be to limit theredevelopment value for alternative uses of any schools that might be declaredsurplus in the future. It will also make it difficult to exchange properties for futureschool sites. In addition, all of the school sites in the City already have anunderlying zoning that provides for the type of permissible redevelopment if aschool site were surplused to the County.

School property has monetary value; placing an overlay zone on all MCPS schoolsites to preserve future recreational use raises concerns about a question of takingthe value of County property without compensation. Adding all of the landassessment values for Board ofEducation owned school sites located within the Cityof Rockville, produces a total value of $59.2 million as residential property. Thereduced value ofthat property if it were a park is zero.

2



- ----,

In the past, closed schools have been used for many purposes, including recreationcenters, elderly housing, and parks. The county has a disposition process fordetermining the use of closed schools and surplus sites that provides a public forum

for reviewing alternative uses consistent with community needs. The Boardbelieves that this is the preferred method for determining reuse.

Fencing Height Limitations

Fencing limitations in the residential zone at four feet are not consistent withschool needs for six-foot high fencing in some areas for safety and security. TheBoard requests the fencing height limitation be revised.


The Draft Zoning Ordinance indicates a preference for placement oftelecommunication facilities in non-residential zones or on city-owned property andsets a height limitation of 50 feet in a residential zone and 199 feet in all otherlocations. The impact will be to effectively prohibit cell towers on school sites in thecity because all school sites are in residential zones and 50 feet is too low to attractinterest among cell tower vendors. The Board urges the city to revise this provisionand work with county officials to develop uniform criteria for telecommunicationtowers across the county. Our parents have indicated a strong desire for the Boardto maintain good wireless communications within the schools we operate for safetyand security.

Board of Education members plan to participate in your worksession scheduled forthe evening ofJuly 14, 2008. Thank you for your consideration of these remarks.

3z :



Rock.ville City Council Meeting WorksessionProposed Zoning Changes

July 14, 2008

Talking Points

• Good evening. I am Nancy Navarro, president of the Montgomery County Board ofEducation. Here with me tonight are fellow Board members

• Appreciate this opportunity for open dialogue about Rockville's Zoning Ordinance andZoning Map revisions

• The Board has been actively following this issue for months and had requested to meetwith the Rockville Planning Commission in early February during the recommendation

development phase

• With these recommendations now at the review and approval stage, we are troubled by thepossibly unintended consequences of these proposed changes.

• Most significantly, we are perplexed by the consequence of one governing body effectivelyreducing the property value of another governing body's real property without adequatecompensation

• We are also troubled by a change that-would seriously impact our mandate to providesafety and security to all our students.

• And finally, we are concerned that another change would be, in fact, usurping existingprocedures and in potential conflict with federal rules.

• I know that the County Executive shares our concerns about some of the proposed changesand are here tonight to join in this conversation.

• Now, I will tum things over to Joe Lavorgna, Acting Director, Department of FacilitiesManagement, who will speak to the specifics of the proposed changes.

2008 MCPS Zoning City of Rockville

Documents

Transcript of 2008 MCPS Zoning City of Rockville