Good evening and welcome to the City of Rockville's Historic District Commission meeting.

This is meeting number one, 2026.

It's Thursday, January 15th, 2026.

I'm Peter Fosselman, Chair of the HDC, and I'm joined tonight by fellow commissioners Seth Dunbow, Michael Goldfinger, Anita Neil Powell, and Mercy Schenge.

We're also joined this evening by uh city staff Cynthia Walters, who's our deputy city attorney, Katie Gerbis, who's our comprehensive planning manager, and Megan Flick, who is our principal planner.

Before we get started on the main part of the meeting, I just wanted to note that this is my first meeting as the chair of the Historic District Commission, and I have big shoes to fill.

Um, and uh I wanted to recognize um Anidina O'Powell for all of her work, not only on the HCC but around the city in general and for the community.

But as a token of our appreciation, um we just have a gift for you here.

Um you don't have to open it now, but you're certainly welcome to do so.

Um, and this is from all of the commissioners.

Thank you all.

Much deserved.

Well deserved.

Yes.

Um, moving along to the rest of the agenda, I'll note that um the meetings may be viewed on Rockville Channel 11, uh, which is County Cable, and they're live streamed at Rockville MD.com forward slash Rockville 11.

And you may also see the meetings later that are videotaped at Rockville MD.gov forward slash video on demand.

Our first item on the agenda are committee and organizational reports.

Uh is anyone here this evening from uh Peerless Rockville.

Okay, they may we'll give them they might show up a little bit later, so we'll I was notified by Miss Picard that she would not be making the first half of our meeting tonight.

Great, thank you.

Uh next on the agenda is the Lincoln Park Historical Foundation, and Miss Powell is the president.

Good evening, happy um new years, everyone.

I do not have a report tonight.

Thank you very much.

Um, do we have any public comments?

And this is an open forum time to make a comment on anything that is not on the agenda this evening.

Staff, do we have anyone online?

We have one member of the public who is online, however, they have not indicated that they'd like to speak during um open forum.

Um, if any of the attendees online would like to speak at this point in time, go ahead and use the raise hand feature or send a chat message to us, um, and we can unmute you and give you the ability to speak.

Great, thank you.

Um item D is Historic District Commission and staff comments.

Do any of the commissioners have any comments for this evening?

No.

Okay.

Staff.

We do not have any staff comments, although um Commissioner Goldfinger, do you have a presentation you would like to make?

Yes, I do.

Okay, we'll pull that up for you.

Yes.

Um for this month's uh historic building.

Uh I selected something that is not as widely well known as some of the others.

Um, and it goes to point out that there are many, many historic structures uh in the city worthy of our attention, and uh just to make people aware of them.

And hopefully, as you travel around the city, we'll start to notice some of these uh historic buildings that that speak to our our heritage.

Uh tonight I'm talking about the uh Rockville Methodist Episcopal Church, uh currently known as the Jerusalem Mount Pleasant United Methodist Church.

Building currently known as Jerusalem Mount Pleasant United Methodist Church is located at 21 Wood Lane, immediately west of North Washington Street in Rockville's town center.

In the mid-19th century, the trustees of the Methodist Episcopal Church purchased lot 82 of the original town of Rockville for 48 in order to construct a house of worship.

Up until then, Rockville Methodists met in private homes with occasional visits from a quote circuit rider minister.

And uh up on the screen are some photos.

In 1845, the Rockville Circuit was established to serve 715 white and 527 black Methodists.

Seven years later, in 1852, Rockville Methodist Episcopal Church incorporated and constructed a brick house of worship on Wood Lane.

In 1868, a dispute over slavery caused the Methodist Episcopal Church to separate into two factions.

The Southern faction in Rockville left and built a new church nearby in West Montgomery Avenue.

At about the same time, black members of the congregation had sued for ownership of the original property, and the church was renamed Jerusalem Methodist Episcopal Church.

Shortly afterward, the original building was dismantled and an enlarged building constructed on the site.

After the Rockville College Elementary School burned in 1912, the church housed black students and served as a site of graduation ceremonies through the 1950s.

By 1954, the church belfry had been removed, the stairs were expanded, and the building was covered in Stocko.

In 1989, Jerusalem Methodist Episcopal Church merged with Mount Pleasant Methodist Church in Norbeck to form Jerusalem Mount Pleasant United Methodist Church as the building and congregation are known today.

And that ends my talk for this meeting.

Thank you very much.

Thank you, Commissioner.

We appreciate the time that you take the research these items.

Next one on the agenda is our consent aspect of the agenda.

Any of these items may be pulled to discuss, or we can just simply vote and to approve them.

The first item and only item this evening are approval of the minutes.

Do I have a motion?

I'll move to approve the minutes of the December 18th, 2025.

Uh HTC meeting.

May I have a second?

I second.

Any discussion?

Okay, all in favor.

Thank you very much.

Uh next on the agenda is certificate of approval.

And this is um number 2026-220 COA.

The applicant is Lewis Parker, also the owner.

It's 409 West Montgomery Avenue.

It's for a certificate of approval to replace an existing brick front walkway with Pennsylvania style flagstone and reuse of the existing brick as a border.

Staff, do you have a report?

Yes, we do.

Thank you.

Okay, so this is case 2026-220, COA.

It's for a certificate of approval at 409 West Montgomery Avenue.

This is an Italian 8-style home built in 1890.

It's located on West Montgomery Avenue in the West Montgomery Historic District.

On the left, we have a satellite image of the property outlined in red.

And on the right, we have an image of the front facade showing the brick stairs and brick front walkway leading up to the house.

So these are the existing conditions of the existing front brick walkway.

You can see on the left, the stairs are deteriorated.

We have some uh corners there are crumbled off.

Uh and then we have the middle and right images showing the brick walkway itself, which you can barely see.

Um, it is overgrown and covered by moss.

So the proposal is to replace that front brick walkway with a flagstone walkway.

Um the new walkway would have the same footprint as the existing walkway, and the proposal is also to use the reclaimed bricks to border the walkway as shown in this image here.

And this is just an example image of what they're proposing.

Uh so the proposal to replace the brick front walkway with flagstone meets the Secretary of the Interior Standards for rehabilitation number nine, and staff recommends approval.

Thank you very much.

Before I ask uh for the owners if the person has anything to say, the commissioners have any comments or questions of staff.

Okay.

Is the owner here this evening?

Oh, Mr.

Parker, if you could please come up to the podium and identify yourself.

Good evening.

Uh Lewis Parker, 409 West Montgomery Avenue.

Um, I guess, you know, the only thing I wanted to say is that the uh existing brick walkways in disrepair needs to be replaced.

And what we thought would be a nice way to do it would be to use a Pennsylvania flagstone with and recycle some of the existing brick and use it as a border for the new walkway.

The steps leading up wouldn't change, they would be repaired and um power washed to make it look better, but that's basically what the plan is.

So thank you very much.

Commissioners, any questions, comments?

Um staff, any further comments?

Um may I have a motion?

I can move the motion.

I moved the commission approved certificate of approval application 2026-220.

It walked me the catchway of interior standards for rehabilitation number nine.

May I have a second?

Any further comments?

All in favor.

Just a quick comment.

Oh, yeah.

I just wanted to thank the owner for coming out.

I mean, not I, you know, this is obviously very straightforward.

I think it's it's good.

It's always good to see when owners are looking after their properties and making them improving them for posterity.

So thank you.

Any other comments?

No.

Um, all in favor.

Thank you.

Uh next on the agenda is a courtesy.

Thank you, Mr.

Parker.

Uh, next on the agenda is a courtesy review.

This is number 2026, 227 CRT.

The applicant is Kelly Kaleppe, who is the owner of 401 West Montgomery Avenue.

This is a courtesy review to convert the existing concrete slab in the side yard of the property into a patio.

Uh, do you have a report staff?

Yes, we do.

Um, before we get into the report, I do want to note that the owner is participating virtually via WebEx.

Um, so when we get to that portion of the meeting, we do have an owner present.

Thank you.

So this is um our brief staff report for application number 2026 227 CRT, a courtesy review for 401 West Montgomery Avenue.

We have a delay here.

Hold on one moment.

There we go.

All right.

There's a bit of a lag between what we see on our side and uh when it comes up on your screen.

Um so 401 West Montgomery Avenue is located within the West Montgomery Avenue Historic District.

Um you can see the image on the left is an aerial image showing the property facing West Montgomery Avenue, as well as the image on the right is the front facade of the property.

This is an application, or this is a property that you have had many applications for before.

So I suspect most of our commissioners are familiar with this site.

So the courtesy review application that we have here is to put a patio in the side yard of the property.

Um the proposal from the applicant is to convert the existing concrete slab that was once used for the basketball court that was in the side yard into a patio.

Um so the applicant is proposing to retain the concrete slab in its current condition, so its current dimensions, which are approximately 29 feet by 45 feet, um, but then to cover that slab in flagstone so that it is more fitting of the historic nature of the district, as well as matches an existing patio that the property has in the rear.

Uh the applicant is also proposing some raised planters and garden beds on the site.

You'll see in the renderings we have in a couple of slides.

Um, there's also proposals for a grilling station and some seating.

Um, I do want to note that all of this is meant to be flexible.

It's furniture, it's not permanently affixed or built into the patio.

Um so just keep that in mind as you're providing feedback that that's not permanent additions.

The applicant is also considering some permanent plantings as a part of this case as well.

So on this slide, you can see the um site plan for the property.

I'm gonna start at kind of the top of the image and work our way down.

Um so you can see the existing flagstone seating area that's in kind of the rear.

You see um the circular arrangement of chairs there depicted in this image.

Uh, this was approved by the historic district commission a few years ago.

Um so that is an existing condition.

Everything that we have moving forward would be the proposal from the applicant.

Um so there would be a natural stone step that would connect that existing rear yard patio to the side yard patio, and then you can see um the large patio area that is proposed covered in flagstone along the um side of the property line and the front where kind of that front fence line you can see where some portable planters and garden beds are being proposed.

You can also see areas indicated um where there might be seating, where there might be a grilling station, again, other kind of fixtures and furniture um to populate this patio area.

You will also see that we have along the fence line and the kind of the side of the property as well as between the residence itself and the patio.

There is proposal for some ground cover to be planted in that area.

Um we can speak more to the applicant about that when it's their turn to speak.

Um but when we spoke leading up to this application at this point in time, they hadn't decided if that planting would happen at the same time as the rest of the patio conversion or at a later phase.

So here are some photos of the existing conditions.

The photo that you have on the right of your screen is a more recent image that shows that hoop being removed as well as the court flooring being removed, really leaving just that concrete slap.

And then on this slide, you can see a rendering of what is proposed by the applicant.

The image on the left is kind of just taking that slab and covering it in the flagstone.

The image on the right is a mock-up of what it may look like once it has furniture plantings, things of that nature.

So in your staff report, there's quite a detailed analysis of staff's findings when it comes to secretaries of interior standards.

Staff believe there are four standards that are applicable to the project.

Briefly going through those, the first standard here has to do with the use as well as materials, features, and spatial relationships.

Generally, staff find this use to be consistent with how side and backyards were historically used in this district.

We certainly think it is a use that is more compatible than the previous use that was on site.

Regarding standard number two, um that's okay.

There we go.

Standard number two is talking about the historic character of the property.

Um, as kind of mentioned when we talked about standard number one, we think this alteration is more in character or more aligned with the historic character of the property in the rest of the district.

Moving on to standard number nine, um, we find that this alteration is clearly differentiated the old from the new.

I don't think there will be much confusion as to what is original to the home and what has been added on later.

Um and we do find that this to be a more sensitive alteration than past proposals we've seen for this side yard.

And then finally, standard number 10 here, um, which is talking about uh how that work could be undertaken um if it were to be removed in the future.

So this is something we talked about quite a bit in past applications for this property.

Um, of a lot of work was done, and some of that work, um, such as removal of um landscaping, it's hard to replace.

Um that said, the owner has taken steps thus far to really remove many of the elements of the previous alteration that was on the site, in particular the vertical elements, which we think is a definitely a step in the right direction.

Um we think that the um patio is again much more in line.

In theory, the patio could be removed in the future, the concrete slab could be removed in the future, um, and some regrading, soding, planting of landscaping materials could go back there in the future.

Um so given that this is a courtesy review, um, staff's recommendation is that this body provide any feedback and suggestions to the applicant to strengthen their application.

Um, my understanding is following this evening session, the um homeowner will take this into consideration and will likely file a certificate of approval application.

That is the end of staff's report.

Thank you very much.

Uh, before we move on, I just want to make two notes.

One is I will be refraining from the discussion in this item uh because I have a potential conflict of interest.

And the second is to note that we did receive one piece of written testimony about the application.

It was sent to the HTC uh yesterday.

Um before I ask if the applicant has anything to say, commissioners have any comments or questions.

No.

Okay.

Do you have something, Michael?

I'm sorry.

Talking about the uh proposal.

Yes.

Yeah.

Um, the only my only comment on this is um I would like to see if if you're removing the current top surface of the existing slab, uh, that you also remove some of the perimeter of the slab.

Um my suggestion might be instead of um temper movable planters that you carve out portions of the uh current slab and and so you're able to put in-ground planting.

Um my concern is that um you're not touching the the size of the slab, and there would be nothing to prevent uh given the history of this project over the last several years, nothing to prevent removing those planters and reinstalling the basketball court, um, and then we go around in circles again.

Um and I don't think um that would be in the best um interest of the historic preservation program within the city.

So um what I would like to see for the end product is a smaller slab.

Um and uh you know, perhaps as I said, cutouts or something for in-ground planting rather than um just a temporary planter boxes on top of it.

Um size-wise, maybe remove at least I don't know, a third or half of the slab, maybe um something that puts it more in scale with the space between your house and your neighbor's house.

Um right now it uh this the slab overpowers that space and uh it's not really compatible with the historic nature of that that whole um area.

So that's my comment.

Thank you, Commissioner.

Ums Kaleppi, do you have anything to add this evening?

Um I would add just one thing is that um the tiling for the court does need to be uh laid on a flat level surface, so that is um something that would not sit really on the flagstone.

So in that sense, it does sort of prevent us from installing the flooring and stuff again.

I have no intention of uh installing it again after I have uh you know gone through this process with everybody.

Um but and then I also wanted to say the plantings as far as the raised beds, part of that is also um a cost saving option for us.

Um and it was sort of put in there as like just sort of to start the discussion where we're open to plantings and things if that's something that would help our case here.

Um but you know, ideally we were hoping we would not be adding more trees and plantings necessarily at this time, just because that's um that's a lot too, but uh ideally, yeah, we would like to do it just where we could put some planters in and make that area sort of like a kitchen garden for us, um, and have our outdoor kitchen sort of moved over to that side.

But um yeah, so we're we're open to all the suggestions and all the feedback.

Um, so we just um appreciate your time.

Thank you.

Uh Commissioners, any comments, questions?

Yes, Seth.

Thank you.

Um the big thing about this project from the beginning that I think was an issue, my primary issue with it, and um I think that's been borne out in all the discussions is the spatial relationships here.

Um and I think you know, while I agree that with what the staff has written that that this goes a long way to improving um and remediating what has been done um to the property, um I do think as the staff report says, a smaller patio might be more appropriate given the the extent of what's there, the the size of the side yard, how close that becomes that comes to both, I mean not the house so much as the as the property line on the on the west side of the property.

Um I think um I I would feel a lot better about a about how it about those spatial relationships and the the sort of um features of the property if at least some of that area were returned to some sort of green space, whether it's whether it's lawn or plantings or whatever, um that's that's my feeling that that the way the way the best way to sort of fix the problem and ensure that the the property looks like it should as a as a part of the historic district and as one of the primary historic thoroughfares in our city, you know, it's one of the most noticeable things that people see as they drive in and out of Rockville on 28 um that that row of houses on both sides there would be to have a smaller um patio with some sort of green space and plantings.

Um that that row of houses on both sides there would be to have a smaller um patio with some some sort of green space and plantings.

Thank you.

Thank you, that's all.

Thank you.

Commissioners, any other comments or questions?

Okay.

Um and staff correct me if I'm wrong.

I believe that since there's no action to be taken, there's no vote needed, and this is simply a courtesy review.

That is correct.

Um, I will note that we do have one member of the public who is um online.

I don't know if they would like to speak on this application.

Sure, of course.

Forgive me, I forgot to ask that.

Am I allowed to um ask a question?

Oh, of course.

Uh so just at the end of this, the well, I get sort of like a summary of what the feedback is.

The feedback is so far I've gotten more planting.

Just for the because there are a couple different people speaking that sound the same for the record.

Could you just identify yourself?

It's Kelly, I'm the owner.

Okay, thank you very much, Ms.

Khalippi.

Continue, sorry.

Um, so will I get sort of like a summary of the recommendations as far as like okay, more plantings, more green space, reduce the size.

Or it's just kind of I just sort of take your suggestions, or is it like this?

If you do these things, it's gonna be approved, kind of thing.

Does that make sense?

It makes sense.

Uh Katie, did you want to respond?

So traditionally, we do not do any sort of formal documentation of courtesy reviews, other than the fact that the courtesy review did in fact take place.

Um when you get a certificate of approval, we will send a formal letter that says yes, it's been approved for X, Y, and Z work.

We don't do that for courtesy reviews.

Um, as I believe most folks are aware, um, I hope the whole owner is aware, these meetings are recorded.

We typically have them posted online about 24 hours afterwards.

Um, so if you did want to go back and look to, you know, make sure you are following the conversation or you know, review your notes or whatever, that would be an option, but we don't actually document a formal list.

Um certainly in our courtesy reviews, we don't make any guarantees of anything that would happen at a certificate of approval um because until we know those exact application materials, um it would be inappropriate for this body to make a ruling presumptively, preemptively.

Um guys, one more question.

Of course, but for the for your information, Miss Kalippi, and if you do review the tape, it's now 7.28 p.m.

So you can save a little time if you speed up to that point in the in the recording.

Go ahead with your second question.

Um my second question was going to be is it when I come back with the official application, is there option for discussion at that point as far as let's say I come back and I'm like, okay, I'm gonna reduce it by 25%.

And then if that's not reducing it enough, and can at that point you guys say, well, if you did it by 30, it would be okay.

You know, like will there be wiggle room there at all during that review?

We could not so if the applicant or the application that comes forward is agreeable by the body, we would simply just give an approval record that says based on the application materials, and we would specify what it is.

We do also have the ability to do a conditional approval.

Um, so that would not necessarily require a whole new application to be submitted, assuming we're talking about minor changes here and not like completely new scope of work.

We do have the ability to do a conditional approval.

Um, so in that case, if I'll use the example that the applicant had stated if the proposal was a reduction of 25 and this body says we would really like to see a reduction of 30, we could condition that approval on that reduction.

Thank you.

Any other comments or questions?

Ms.

Khlippi.

That's it.

Thank you so much.

Thank you.

Um is anyone online uh wishing to testify?

Yes, Aaron Mahoney.

Thank you, Miss Mahoney.

Please go ahead.

Um I submitted some comments.

I'm sure that a patio next door in Kelly's yard will be very beautiful.

Um my main concern is that the possibility of turning it back into a basketball court and therefore asking that it be smaller and that just some of the green space that was removed be replaced.

There was a and I understand they had the drainage problems just like we have drainage problems, but um there was a really nice green buffer between our house and theirs that provided some privacy.

And if they could plant some tall shrubs and a couple of trees, you know, we had to plant trees when we had to cut down our big tree in the back.

We just replaced it.

The city can actually reimburse you by for 150 dollars to help with the greens, you know, the green canopy.

Um that was my main concern that it be smaller to allow for permanent planting, and to prevent it being turned into a basketball court again.

That being said, I'm sure it will be very lovely.

And uh if it's smaller and done the way they say, I'm sure it will be a great addition to their house.

Thank you very much, Miss Mahoney.

Um, any other comments or questions before we move on?

Okay, thank you, everyone.

Thank you, staff.

Uh, next on the agenda is a presentation on zoning ordinance, the zoning ordinance rewrite and comprehensive map amendment project.

Um joining us this evening is the chief of zoning, Jim Balsiak.

I don't believe Ms.

Simmons is here this evening.

Okay.

Thank you.

Good evening, Mr.

Chair and members of the commission.

It's a pleasure to be with you tonight.

I'm Jim Waslack, uh Chief of Zoning, and as the chair noted, uh Holly Simmons, who is the deputy zoning manager and also project manager for the zoning rewrite, uh, is presenting to another commission.

So we uh we split up and uh this is uh the second or third time we've had to do that, so we were definitely appreciative of the interest uh of the city's boards of commissions in this major project, uh, which is the draft zoning ordinance and draft zoning map.

Um at this point in the process, this is we've had a major uh milestone on December 1st, uh culminating in the two years leading up to it and developing the draft zoning ordinance and draft zoning map.

Mayor and council authorized the filing of the zoning text amendment for a complete rewrite of the zoning ordinance and an entirely new zoning map for the city.

So tonight uh what I'd like to do for you is uh provide a little bit of background on the process, let you know what the adoption process is, which is where we are now, uh, provide an overview of the materials that are available, and uh let you know how you can provide feedback and engage in the process as we move forward, and of course, answer questions if you have any.

So the uh draft zoning ordinance uh was initiated as a result of the comprehensive plan, uh which was adopted by the mayor and council in December of the in August of 2021.

And uh the zoning ordinance is intended to implement the comprehensive plan and also the town center master plan recommendations, which was adopted in 2025.

There are many recommendations in the comprehensive plan, including um a significant amount of zoning recommendations, not only for the code, but for the zoning map.

And so uh we're tracking all of those and making sure that they are uh implemented.

There are other reasons uh driving this zoning ordinance rewrite, including a process known as FAST 2, uh, which is looking at our permitting and development review processes to make sure that they are faster, more accountable, streamlined, and also transparent.

And of course, we want to make a better code and uh modernize it with uses that are um currently uh prevalent.

Uh the last time we wrote the code was in 2009.

So things have changed since that time, and we want the code to be able to respond to current conditions and the city's um envisioned future through the comprehensive plan.

So this is the um zoning ordinance rewrite and comprehensive map amendment project timeline.

We kicked it off in the fall of 2023, uh brought on a consultant team on board to help us uh by the name of Zone Co.

And they are uh kind of have a niche in uh providing zoning ordinances for uh small communities.

They rewrote uh Gaitersburg's ordinance and a number of um municipalities in the region, even though they are based um in Ohio.

So they outlined a process uh for the zoning rewrite, uh, including one that would analyze our existing zoning ordinance, looking at aspects of it, such as uh whether the language is current, whether there are aspects of equity that need to be brought forward, etc.

Then we moved in that took about three or four months, and we moved into the calibration phase in 2024 that looked at kind of general guidance uh on the laws that would ultimately guide land use in the city, and then the drafting itself of the code and putting together of the map began in just about a year ago in January of 25.

And then the drafting itself of the code and putting together of the map began in just about a year ago in January of 25.

During 25, we had several work sessions with both the mayor and council and the planning commission to kind of give us guidance and provide direction as we were moving forward and putting the draft together.

I do appreciate the efforts that the HDC made in providing uh input and guidance to us on the historic preservation aspects of the code.

And I think we'll be well served moving forward in that aspect as well.

And as I noted, uh the mayor and council authorized the filing of the draft that we presented to them on December 1st.

So these are real zoning text amendments and a map amendment application, and the public release of the document occurred on December 4th.

So the adoption process is kind of where we are now at the very beginning.

The mayor and council would like to see uh this adopted in the spring of 2026.

So we have about six months to finalize the document, take into account all the input that we're receiving, uh, not only from all the boards and commissions, from the public, uh, from the planning commission who is required to review uh both applications and compile all of that into a final ordinance and final map uh for the mayor and council's adoption.

So uh we are in the process with the planning commission.

They held a public hearing last night, the first of two, and began their work sessions as well.

Um so we expect that the commission will be reviewing during January and February, and then making a recommendation to the mayor and council in time for their public hearings, which will begin in April.

In parallel uh with the planning commission's review, uh we are engaging with the other boards and commissions, uh, as I noted.

And so anyone who uh wants to participate in the process is certainly able to do so.

What's on the screen now is our adoption schedule with a little bit more detail.

As you can see, it's it is ambitious and uh can be keeping us very busy over the next six months or so.

Um so as I noted, planning commission hopefully making a recommendation on February 25th, and then the mayor and council will have their public hearings in April and work sessions following and leading up to adoption.

So there are a number of materials that are available uh for anyone who would like to review them.

They are on the city's engage Rockville page for the zoning ordinance rewrite project specifically.

And not only the 200 or I'm sorry, 300-page uh draft zoning ordinance, but also some accompanying documents, including one that is kind of a jumping off point for those who uh don't want to get into the 300-page document right away.

Uh there is a highlights document that discusses aspects of the code and how it changes from how it is changed from the current zoning ordinance to the draft that is in front of us now.

So it's kind of a high-level overview of that.

And if you want to get into more detail, you can do that uh in the draft code.

There is a table of contents that's available for the draft that wouldn't necessarily accompany uh the ordinance, but we thought it was helpful to have that as part of the document so that it'll provide for ease of use of the folks that are reviewing.

And also we have included uh aspects of the public engagement that has taken place uh during the two years that we've been working on this uh up till now.

For the draft map amendment, there is the actual zoning map, and you'll see that in a moment, and then of course a description of the existing and proposed zones in the city.

So if you would like to provide feedback either as a commission or as individuals, uh you can do that on the engage Rockville page as well.

Uh we are accepting direct emails uh to the planning commission or the mayor and council, and you can always email uh Holly and myself at the zoning at Rockville MD.gov email.

Please copy us if you're you're sending to uh the commission or the mayor and council as individuals on the uh Engage Rockville page.

You can do that uh through a very um comprehensive but easy to use form that allows for feedback on the zoning ordinance itself, and then there's one for the zoning map itself.

So again, Engage Rockville is your source for for all things zoning rewrite, and uh you can do things like subscribe to email updates, uh watch recordings of past meetings uh if you would so choose, and of course, uh review the the draft documents and provide comments on them uh all on this one page.

And with that, I would be happy to answer questions that you might have.

Thank you very much, Jim.

We appreciate your time.

Um I have a question for staff.

Uh since this has not been revised since I believe 2009, I don't know the history.

Does the historic district commission usually weigh in on these kind of things?

And when they do weigh in, is it a letter that we would send as a commission group together or I don't recall specifically the last time uh how the HDC weighed in, but that's certainly appropriate.

Okay.

And I'll remind the body that last summer, I think it was in our June or July session, we had a work session where we talked about those proposed changes.

Um so the draft that's been posted online is reflective of that discussion that we had.

Um now, certainly between now and adoption of the mayor and council, it's possible that there are additional proposed changes that get discussed on any of our preservation items.

Um, if and when those things come up, we can report out to US staff to keep you apprised of those.

There was some discussion at the planning commission meeting last night about a couple of tweaks.

Um I would say the vast majority are probably not worth this group coming and back for discussion.

Um, it was about specific language choices that were used, plain text, um, adding in some references to state law, um, things of that nature, which if you want to hear about, we can certainly talk about, um, but weren't really changing the content and the intent of that section of the draft.

Um, it was more on the legal ease side.

Thank you very much.

Uh Commissioners, comments, questions.

Okay, so thanks for that presentation.

So, my question is this uh oh, no, we've been working on the uh preservation plan for a couple of years.

So, how does this plan uh go with the preservation plan?

Is there any connection between this particular plan I just presented with it?

Yes, um, every there's six work items within item A in our historic preservation work plan, and we are addressing every single one of those through the proposed draft.

So, in theory, if um the draft as currently written or you know, pretty similar to what is currently written, does in fact get adopted, that would complete all of the items within work item A of our historic preservation work plan.

Any other comments, questions?

Okay, thank you very much again.

We appreciate your time.

Thank you for coming here.

Thank you all for your attention.

Of course.

Okay, next on the agenda uh our discussion items, and uh the only one we have this evening is old business, and that's the 2026 preservation month event.

Staff, did you have any comments?

Nope, not at this point.

Um so we'll turn it over to you all for any discussion.

Okay.

Well, uh, Commissioner Dumbo and I have been charged with um uh conspiring on this.

Um we did throw around some ideas at the last meeting, and um it's my fault.

We have not gotten together, but we were talking about it before the meeting started, and so I will get him a couple of dates and times that will work and we'll get moving on that.

And we'll have something for the commission next month.

Yeah.

Is it uh is it kosher for it?

So if Seth and I come up with some ideas, is it kosher for the staff to send those to the commission before the meeting so they can be ready to discuss?

Okay, then maybe we'll do that.

Okay.

Any other comments or questions?

I also remind those that we have just four months left for the evenings.

Thank you for the pressure.

Okay.

So one other note, um, not directly related to preservation month, but something that we discussed last month when we talked about preservation month, um, is that Ms.

Picard reminded us that the 100th anniversary of the renovation in addition to Glenview Mansion was also this year.

Um, and I've reached out to the property management team over at Glenview.

They have a full year of programming scheduled to kind of celebrate that anniversary.

Um, so I can share that via email with commissioners.

There's not exact dates and times for many of these things, um, but there are a couple of time frames where they're doing special art exhibits, open houses, um, some really cool tours of kind of the parts of the mansion that aren't often seen by the everyday public.

So I will send that to you all again, not necessarily tied to preservation month, but this is something that we talked about last month.

Thank you.

If there's no other old business, we'll move on to new business.

And there's nothing on the agenda, but is there anything we need to add?

Yes, Commissioner Dunbo.

I am one thing that just occurred to me.

Am I correct in thinking I've heard this through the grave find that there's some work going on around Lincoln High School?

Um in terms of a longer term project that's just kicking off.

And if so, could we get an update on that?

Given that it's something that's when staff gets an update on that, we would be happy to get you an update on that.

Um let's chat after the meeting, Seth, about what you might have heard.

I've not heard anything on that, but it's possible there are things going on that just haven't made its way to me.

Okay.

Okay, I just want to chime in.

Yes, there's a lot of work going on at Macon High School.

Actual work?

Yes.

Construction work?

Yes.

Oh wow.

Okay.

That's good.

And it's mainly inside, it's not outside.

So I've been sort of watching.

So when it's time for them to come before HDC, then we will be aware of it.

That's county owned, correct?

It's county owned.

It is, but it's under our purview.

That's why I'm watching.

Good.

Good.

But yeah, it would be good to find out what's going on and hopefully it's good things.

Okay.

Any other new business?

Staff, anything.

Okay.

Well, then may I have a motion to adjourn?

I'll make a motion.

We adjourn.

Second.

Okay.

All in favor.

Aye.

Thank you very much.

Thank you, staff.

Appreciate your time.

Good evening.

My name is Alan Frankel, and I am the chair of the City of Rockville Board of Appeals, and I welcome you to Board of Appeals meeting.

We are both live here in the Mayor and Council's chambers, and we are also online as well as being broadcast on Channel 1.

This is meeting 3-2025.

And with me today are my other Board of Appeals members, Roy Deutschman, Jimmy Hauer.

Also in the chambers with me today are Jim Waslick, the Chief of Zoning, Nicholas Dumay, our senior assistant city attorney, and Chris Davis, our planner.

If you intend to participate through WebEx online, there are rules that have been promulgated for appearing online, and it is presumed that you are aware of those rules.

Yes, Mr.

Chair.

Thank you.

Yes, I will.

If you could identify yourself for the record.

Christopher Davis Community Planning and Development Services.

And will you provide truthful testimony this evening?

I will.

Thank you.

You may proceed.

Thank you.

Gonna bring up the presentation here.

Okay, here we go.

So thank you, Mr.

Chair and members of the board.

As Mr.

Wasslek indicated, this is a variance application for the property at 721 Mapleton Road.

As you can see from the aerials shown on the screen, the subject property is 721 Mapleton Road.

It's located at the terminus of Mapleton Road and its intersection with Joseph Street.

This site is located in the East Rockville planning area.

It has a land use designation of single-family residential detached, and it's located in the R60 zone, which corresponds with the city's uh mostly single-family uh zoning district.

The specific request by the applicant this evening is a zoning variance from the side yard setback requirements for the purposes of enclosing an existing uh screened porch uh to the western side of the bill uh of the existing dwelling.

Um you can see the proposed site plan here on the screen.

The area outlined in red is the area that uh occupies the current uh uh screen porch that the applicant would basically like to enclose.

Um the overall footprint will remain the same, but it'll just be completed with finished material for interior living space.

Um, as you can see, also on the site plan, the site is encumbered by a 10-foot-wide reservation for water and sewer.

Um, and as we go through the findings, um, that impacts the uh uh possible improvements that can be made on the property.

Um so staff's overall recommendation for the variance is approval with conditions.

Here you can see an image, uh a street view image of the property from Mapleton Road.

Um as you can see, it's improved with the two-story dwelling.

Um, the area uh sorry, area outlined uh just to the uh right of the screen is the screen porch, um, which will basically uh remain in footprint, but again be in closed.

Um there are additional improvements proposed to the property, but not subject to the variance, including uh an addition to the rear of the property for further living area.

Um, but those uh proposed improvements are will be done in compliance with the code.

So here you can see uh a few images uh to the screen left.

You can see the detailed floor plan.

Um to the left of the screen, uh the enclosed porch will be improved with a front entry mudroom to allow for transition from the front driveway to uh the front of the dwelling, as well as an additional uh bedroom area uh to the south of that enclosed uh space.

Um the images to the right uh depict the proposed elevations.

Um the image to the on the top right is the front elevation, and the image to the lower right is the side elevation.

As you can see, the materials will mimic the current um aesthetics of the building with uh combination of brick and vinyl uh siding uh to be consistent with the rest of the dwelling.

So moving on to the specific zoning uh issues and requests.

Uh so again, the minimum required side yard um in the R60 zone is eight feet.

The applicant is requesting a uh side yard setback of five feet, which would equate to a variance of three feet to include that screen porch area.

In staff's review of this application, uh it has been found that the request does satisfy the requirements for granting a variance.

Um, number one being that it would not be contrary to the public interest.

Um, through staff's review, uh it's found that uh the maintaining the existing footprint and similar messing will not have any uh adverse impacts to the neighboring properties.

Um furthermore, in uh uh posting of review of this application staff did not receive any letters of opposition.

And the uh adjacent property owner did provide a written testimony of support for this application.

Uh finding two, staff did find that the requested variance is due to conditions peculiar to the property and not the result of actions by the property owner.

Um specifically the presence of that 10-foot wide uh reservation area limits the areas on the property where improvements could be made.

Uh furthermore, the property is uh narrowing or a wedge shape, which uh creates a unique building envelope where improvements can be made, which is a unique condition as compared to neighboring properties.

Um in statute, we found that the combination of these factors does constitute unique conditions that are uh characteristic of the property and not due to any actions of the owner for finding three.

Um we found that the literal enforcement of the ordinance would create it create a practical difficulty for the owner, specifically the improvements proposed would be within the building footprint, and if they wanted to uh improve the property uh with similar improvements in other locations, um it would incorporate a needing to um expand the building footprint, um increase uh potential uh other requirements such as impervious surface, um, and also be uh opposite to the function and use of the property.

Um furthermore, uh making those improvements within the existing building footprint helps to with the function and use of the property and would allow for an addition similar to others that have been made in the neighborhood.

And finally, finding four, uh, that the granting of the variants would not be inconsistent with the purposes of the zoning ordinance.

Uh staff has found that this particular request is uh due to specific site characteristics in order to make uh the proposed physical improvements, and uh that through making such improvements, it would enhance livability and residential use of the property as anticipated by the zoning ordinance.

So having found that the uh necessary findings have been met, staff does recommend approval of the requested variants subject to the findings and conditions in the staff report, and uh we have a recommended motion should the board uh decide to move forward.

Uh with that, that concludes staff's presentation.

Happy to answer any questions you may have.

Thank you so much, Mr.

Davis.

I'm just wondering if please I'm just wondering what is the dividing line between enclosing the porch and making it part of the resident itself.

Is it the kind of exterior materials and are there still screens or but what what where is that dividing line uh to just make it uh enclosed porch?

Yes, uh I believe in Ms.

Rossell I can expand um if necessary.

Um our typical uh review of these type of applications come to livable area, so any uh permanent enclosure that would allow for uh 12-month uh uh occupation of that space uh as a livable space kind of is the dividing line.

So it's still if it still leaves a lot of screens, it stays a porch.

Correct.

Okay, thanks.

Yeah.

Any other questions from Mr.

Davis?

Thank you, Mr.

Davis.

Um, Mr.

Walsley, it appears that the applicant oh sorry.

Um Mr.

Watslick, it appears that the applicant Andrea Ware is online.

If we could yes, that is correct, Mr.

Chair.

Okay, let's see if we can see Ms.

Swear.

Hi.

Hi, I'm I'm here.

Do you need me to I'll I'll turn my video on?

That would be helpful, thank you.

Hi.

Okay.

Okay.

Ms.

Ms.

Ware, um, you you now have the opportunity, uh, once you have been sworn to discuss anything you want about this proposed variance.

So do you have anything you would like to add?

Uh no, I actually think Chris, Chris's presentation covered everything that we're hoping to accomplish just to basically make that existing envelope, you know, year-round usable interior space.

So anybody have any questions for Miss Sware?

And if so, we'll have her smorn.

No questions.

Thank you very much, Ms.

Ware.

Um, Mr.

Waslick, other than the um the letter we received from Scott A.

Cole, the next door neighbor.

Do we have any other um information or people online who would like to speak on behalf of this variance?

Uh we do not.

And um I see nobody uh in the gallery here.

Uh do we have any uh body online or any information about anybody who would like to speak against the variants?

No, we do not.

Um as a result of this, I will deem that the public hearing is now closed, and the Board of Appeals will now deliberate.

Any thoughts, gentlemen?

Well, I think it is an art shape property.

It gives them use.

Uh the footprints already used, and uh it seems uh very reasonable request.

Mr.

Howard?

Mr.

Chair, I concur once again, Mr.

Davis, phenomenal report.

Thank you for the graphics in the pictures.

Uh it really helps just tell the story, and uh I agree with Mr.

Deutschmann.

And I also agree um that all this this is is taking the existing porch and turning it into um habitable living space with no changes to the footprint.

Um I believe that this is a uh a variance that should be approved.

Do we have a motion for approval?

Just one correction.

It's not really habitable living, because if you live in it all 12 months, then it's different.

So I think what we got for the definition, it still has to be something not used 12 months.

Okay.

Is that correct?

Okay.

Then I believe that this variance to turn this porch into a part of the living space of the home should be approved, and the chair would entertain a motion for that purpose.

Mr.

Chair, I move that the Board of Appeals approve variance application 2026-181-VAR to allow a side yard setback of five feet in lieu of the required eight feet, a three-foot variance for the enclosure of an existing screen porch subject to the findings and conditions in the stats report.

Do we have a second?

I I second the motion.

All those in favor signify by saying aye.

Aye.

Aye.

Aye.

Um the motion is passed.

The variance is granted.

Thank you very much, Miss Sware, and good luck with your project.

Thank you so much.

I appreciate it.

Okay, we don't have any other hearings today, but we do have a little bit of other business.

Um has everybody had a chance to review the minutes from the July 16th meeting?

Yes.

Yes.

Okay, are there any changes or additions that need to be made or corrections that need to be made to those minutes?

No, I think they were well prepared.

Okay, then the chair would um entertain a motion to approve the minutes of the July 16th, 2025 meeting.

Um as presented.

Okay, I'll make a motion to approve the July 16th, 2025 minutes as presented.

My second.

All those in favor signify by saying aye.

Aye.

Aye.

No's the uh minutes of the July 16th meeting or approved as presented.

Um, has everybody had an opportunity to take a look at the list of um meeting dates, assuming there's only have any business?

Um does anybody have any problems with any of those dates?

Not at this time, Mr.

Chair.

Same thing.

Okay, and I've already indicated to Mr.

Wasslick that they are fine with me.

Do we have any other business this evening?

The other business item, of course, is the election of a chair for next year.

And I also have uh since we're uh fairly short on time, I can give you an orientation on the new draft zoning ordinance uh if you'd like.

That would be fine.

Let's take care of the new chair.

Does anybody want to be chair this coming year?

I nominate that you continue as chair.

I second.

I'm just going to be chair for life.

Um all those in favor signify by saying aye.

Aye.

Any opposed?

One abstention.

Um, I will serve as chair for another year.

Hopefully, it'll be a busier year.

It's a pretty boring year.

Okay, Mr.

Waslick, if you would like to give us at least a brief overview of the new zoning ordinance that will be forthcoming.

So at least we believe will be forthcoming.

Thank you, Mr.

Chair.

Hang on, just above that.

So I did want to give you uh basically an orientation to the draft zoning ordinance and the materials that are available uh for public review.

Um we've had a major milestone uh with the mayor and council authorizing the filing of a zoning text amendment and a comprehensive map amendment application that occurred on December 1st.

So we actually have a draft, we have draft documents that are available uh for public review at this time.

Yes, and I will I'll outline how you can do that.

So uh tonight I just want to go over the adoption process.

Uh we have a relatively accelerated timeline, and I wanted to go over that and then go over the uh the draft zoning ordinance, draft zoning map, and uh provide an opportunity for questions.

So this is um I wouldn't say it's the culmination because we're not there yet, but uh we were getting toward the end of the process that began about two years ago with the project kickoff of the zoning ordinance rewrite.

Uh as you know, we had a consultant team that assisted staff in drafting the code, and uh they outlined the process and in phases, and uh what you see in dark blue are the phases that they did, which uh they took a look at our zoning ordinance and made some recommend our current zoning ordinance and made recommendations.

Uh that's called the diagnosis phase, and then there was a phase called calibrate, which uh they looked at kind of basic uh zoning regulations and then the drafting phase, which we just come through uh where the code was drafted with the team of uh Pauly Simmons who was uh not present this evening, Mr.

Dumay, and also our consultant team.

And um we actually had uh an extensive staff team that reviewed the draft uh as we were going through across departments and within our own department.

So it was a um a major effort uh to get to this point.

And uh the mayor and council considered the draft that we presented on both the text and the map on December 1st.

Um they outlined some issues that they have uh with the zoning ordinance and map that they we will be bringing back to them uh for discussion, and but they did authorize the uh the filing of both documents, so that begins the public process of uh adoption, we hope, uh, which will occur um in January uh hopefully on June 1st.

So we have about a six-month timeline uh to receive a recommendation from the planning commission.

Uh we started that off with a briefing last week for them.

Uh they will be holding public hearings and conducting work sessions.

Uh being that this is a text amendment and map amendment, uh, that is the process that's specified in the code.

And then the mayor and council, of course, will have their own set of public hearings and work sessions resulting in the draft uh zoning ordinance and zoning map.

And again, we're hoping to conclude uh in early spring uh around June of 2026.

Jim, does the code uh previously or now going forward contain any unique sections that were only found relevant to Rockville and not other municipalities?

Do we have any unique sections?

That is a good question.

I'm not sure.

I don't know, can you think of anything?

Outside of the zone, I mean, I would say that the current ordinance and the proposed ordinance does include a number of strategies that Rockville has used that are somewhat unique, for example, our plan development zones or you know some of the uh zoning tools that we've used, uh, the zones themselves, for example, that are unique to Rockville, but are not, you know, that are they're basically unique iterations of tools that other jurisdictions have used many times.

Um I can't think of anything like Mr.

Wassleck, that would be so unique to the city that we could point out and say really no other jurisdictions have done this.

Thank you.

So again, on the adoption process, it starts with authorization to file, which has occurred, and then moving through planning commission, mayor and council.

Uh, we're also engaging with uh any board and commission uh that wishes to uh receive a presentation and review the document and provide a recommendation to the mayor and council.

Um so we expect that there will be a number of revisions and amendments to the draft uh as as all the folks are reviewing the document.

Uh so this is again not a final version of the document, but it's rather an iterative process, and uh we'll be making changes as we move through and hopefully resulting in uh the final document in spring.

Uh, this is our uh adoption schedule, which is um relatively accelerated as you can see.

The planning commission will be having public hearings in January and then work sessions in January and February, resulting in their recommendation to the mayor and council, and the mayor and council will have their public hearings in April and uh work sessions following that and resulting in the adoption on June 1st.

So we'll be quite busy over the uh over the next six months to make this happen.

So, how you can access the materials online is through the engage Rockville site.

And uh we have two feedback forms set up, one for the zoning ordinance rewrite or ZOR, and one for the comprehensive map amendment.

We have also uh scheduled, well, we've held one and we have one to go, which is a community orientation meeting similar to the presentation that I'm giving you now, uh, so that anyone who wants to review the documents is able to do that, and we provide them with uh access to the information that they need.

So the materials that are available regarding the zoning ordinance, there's one document that's called highlights, and that is kind of a jumping off point, and rather than getting into the almost 300-page zoning ordinance, uh, this is a uh much distilled uh look at differences between the current code and the new code.

So if you're interested in that aspect of it, this is the document you want to want to look at.

We did add some synopsis uh of the mayor and council's direction.

They had several work sessions uh during 2025, and we have added that to the document based on their direction on December 1st, and we have posted that uh on Engage Rockville.

Uh I will say that it does not include all details of the staff draft ordinance, but it like I said, it's kind of an introduction or uh jumping off point for for the document itself.

And of course, the table of contents and the draft zoning ordinance itself.

There's also a community engagement summary uh which outlines uh the work that we've done with the community leading up to this point and all the outreach that took place.

So the mayor and council uh gave us some topics that they would like to include in their work sessions.

Uh you know that the zoning ordinance is the text and the map amendment is the zoning map, and there are proposed rezonings uh that were recommended in the comprehensive plan and the draft uh map amendment includes those.

There are a couple that uh have uh generated some comment from the community, and so the mayor and council have directed us to bring those two back to them at work sessions.

One is in the Montrose neighborhood.

Um there's a proposed rezoning of the uh Rollins Park Apartments and Congressional Towers apartments, uh which is adjacent to that community.

Uh the recommendation in the comp plan is to develop a high density residential zone that would rezone all of that property.

And so um we're working on working through the details of that.

We've made a recommendation, and um so the mayor and council want to uh discuss uh the recommendation.

And then Newmark Commons, there is an undeveloped property that is adjacent to that community, formerly a school site that was never used.

The comp plan recommends an upzoning from R90 to RMD 25.

And there's been a lot of concern from that community that that is too dense and incompatible with that neighborhood.

Although that is a direct recommendation of the comprehensive plan.

So those two rezonings will be one of the top, there'll be topics that we'll be discussing with the council.

Others include fencing and specifically deer mesh, which is probably if you're living in Rockville neighborhoods, you have seen or use those yourself and just be clear on the regulations that apply to Deermesh, because I think to be effective, they probably need to be uh eight feet or six feet minimum, if not eight feet, and so we want to make clear to our residents uh what they're permitted to do.

Um other topics include nonconformities and how those will be treated uh by the new code moving forward, um, how solar canopies are implemented over um parking areas or other areas of the city, um, whether our notification requirements uh are sufficient because we are proposing some changes to that, and um also uh ensuring that because one of the thrusts of the code is to have more administrative approvals of development applications, making sure that the public is still aware of those uh applications as those decisions are made.

Um other issues that the council brought up are whether locational requirements for adult oriented establishments and shooting galleries are needed, uh whether the why we are retaining some use-based gross floor area restrictions, and that is uh in some of our zones.

Certain uses have a restriction of floor area maximums, and um just thought that maybe that's not appropriate any longer.

Um, we want to make sure that the ADU requirements that are in the code are consistent and appropriate.

Um the final issue was the length of time for submitting appeals, uh, which in the code is is 15 days, and there were some thought maybe that was not sufficient.

So we will be bringing back all of those issues and make a recommendations both to the planning commission and mayor and council.

Uh the commission raised some issues of their own when we presented last week, and those include uh our new parking standards, our new public use space standards, which are now called amenity requirements, and um I think there are some other landscaping issues as well.

So we will be discussing all of the council issues and the planning commission's issues uh as we get into work sessions with the commission.

So, as I mentioned earlier, there is a feedback form for the zoning ordinance.

You can use this QR code, or uh you can get to it from the engage Rockville site.

So the draft zoning map uh is uh basically replacing the city's current zoning map, although most properties in the city will not be rezoned.

Uh, we'll be confirming the zones that already exist by and large, although uh based on the town center master plan and the comprehensive plan, which both both recommended uh specific rezonings that this incorporates those uh recommended rezonings.

So uh I know all of you have seen our zoning map.

This is the overall city zoning map, and um this is the kind of tax map related grid that allows for a detailed review uh of the zone that each property is located within.

Um this is kind of the static display, it has been our official zoning map for a number of years.

Uh, but to uh kind of have a better way to uh review the zoning changes.

Um, our research team developed an interactive zoning map uh that is posted on the engage Rockville site, and I will show that to you uh hopefully in just a moment.

But it allows you to toggle uh left or right to show the current versus the proposed zoning side by side.

Again, feedback form for the zoning map uh specifically.

You can use the QR code or the form that's online and be happy to take any questions.

But before I do, uh I want to show you that interactive zoning map.

I just need to go to the website.

So again, this is on the engage Rockfell site.

Uh if you uh bring the slider all the way over to the left, that shows the proposed zoning map.

Um as it is in the the proposed draft, and then if you slide it to the right, you can see what the existing zoning map is.

It's probably most apparent.

Um if you look at the uh the Veers Mill Road corridor, which starts right about town center, which is right in the middle, and then heads uh toward the east, you can see that the zone changes under the proposed zoning map because the um BRT or bus rapid transit is proposed uh between Wheaton and Rockville, and um accordingly the zoning map recommends an upzoning along that corridor.

So the zone uh changes there.

Town center is another area that if you zoom in, then you can see how the um how the changes are shown.

See if I can do this.

So this is the current zoning map.

We have um our regular zones MX T D MX C D and the Plan Developments, and if you slide uh to the proposed zoning map, um you can see the zones as they are proposed and recommended in the town center plan.

Um so they're all very the three new zones are variations of the MXTD zone with different heights, and uh the plant planned development zones uh like town square will be be retained.

So, as you can see, most zones are being retained, but just a few uh areas mainly related to our transit infrastructure where the thought was we need some additional housing in those areas, and so the um zones are proposed to allow for that.

So, with that, um I'd be happy to answer any questions that you have.

Go ahead, I just have one uh procedural one.

If someone uh is told they need a variance in May and it doesn't get in front of us till after the code is adopted, uh is it clear the new code would then apply?

Um because that's what's in effect, and you don't go grandfathered back to the old code.

I think that's how we've uh set it up, but that's how it would work.

Okay, thank you.

Other than the changes in zoning of a particular piece of property, are there any changes that affect the Board of Appeals directly?

Yes.

Uh probably the biggest thing is the number of special exceptions that are in the current code are going to be significantly reduced.

Um we don't have the exact numbers, but I think they're gonna be about 10 special exception uses remaining.

So although you haven't seen many special exceptions over the last few years, um, probably will be seeing less uh in the coming years.

I will say that the development standards, particularly in the residential zones, are not changing appreciably.

So similar variances uh that you see probably will be still be coming forward.

Is there anything in the new code the new code, particularly uh the matters dealing with fencing and deer fencing that will supersede homeowners association regulations make sure I understand?

I mean, our homeowner association rigs can be more stringent than the cities, but um I just want to make sure that there's nothing in here that says this um this regulation now supersedes a similar um design that your homeowners association may have.

No, there is nothing like that in the code.

Okay.

So the fact that you may have deer fencing out here in the city doesn't mean we have to have deer fencing of the similar type in falls me.

Okay, and Jim, when was our last major zoning uh undertaken?

So though the the current code was adopted in uh December of 2008, and we had a 90-day effective date there, so March of 2009 uh was when it became effective.

Prior to that, the zoning ordinance had not been rewritten uh since 1975.

So it was due.

Yes, absolutely.

We had a new comprehensive plan that made significant zoning recommendations.

So the time was right to rewrite.

Okay.

Well, thank you very much.

That was a wonderful presentation, and I'll look forward to going to engage Rockville and taking a look at it.

And I would say if the board wants to make recommendations as a board, uh we can do that you know at a meeting, or if you want to make recommendations as individuals, that's certainly fine as well.

So once you take a look at the documents, just let me know.

Thank you.

Anyone else?

Then I believe we are done with business this evening.

Um I would make a motion uh to move to adjourn this meeting.

Um would we press the second?

Second.

All those in favor signify by saying aye.

Aye.

Any opposed?

This meeting is adjourned until the next meeting where we have business to conduct.

And thank you all for being here this evening and uh wish you happy holidays and a very, very happy new year.