Rockville Modifies Zoning As Part of Rt. 355 Initiative

Rockville Modifies Zoning As Part of Rt. 355 Initiative

Much has been said in the media over the past year about zoning changes proposed for Tysons Corner, Virginia and Route 355 in Maryland, where urban planners have been considering makeovers of commercial corridors into 21st Century town centers, that include mixed use quality of life amenities. WANADA has been actively involved in both initiatives to ensure that zoning and planning changes dont pose a negative impact on dealerships.

As we reported last July in the Bulletin, WANADA submitted written comments to Rockville Mayor Susan R. Hoffman and City Council members requesting that the City of Rockville consider a series of important changes to the pending draft of the Comprehensive Zoning Ordinance for Maryland 355/Frederick Road (a.k.a. the Route 355 Initiative) as it relates to Rockville and ultimately Montgomery County at large. There are ten franchise dealerships along the Rockville part of Route 355 (i.e. Rockville Pike) and about 40 along the entire route.

WANADA is pleased to report that the City of Rockville has accepted most of the dealer recommendations. Earlier drafts included a variety of changes that would have made the long-term continuation of auto dealerships on Rockville Pike extremely difficult, if not impossible. Rockville is tentatively scheduled to adopt the ordinance, as modified, on December 1, 2008.

The original proposals were drafted by a citizen committee without much, if any, input from major business groups. Rockville administrators had not considered the problems the original proposal caused dealers until they were pointed out by WANADA and a number of individual dealers. Compelling factors in WANADAs conversation with Rockville officials were the number of persons employed at Rockville dealerships and the taxes dealerships generate for the city.

As amended, the ordinance still treats dealerships as a non-conforming use, but concedes that dealer facilities may be modified up to a percentage of the existing space without coming under the new ordinance. Here is what is now set forth in the modified ordinance: When extensions or additions to the building or development, including extensions and additions to the conforming and non-conforming portions of the building or development, cumulatively exceed 50% of the gross floor area of the structure, or 50% of the net lot area, the entire structure or site must be brought into conformity with the new development standards.

An earlier draft of the ordinance that would have included outdoor car sales areas as part of the allowable new building floor space was dropped, along with a proposal to ban all outdoor storage. The new ordinance provides the following: Outdoor storage of motor vehicles in connection with a motor vehicle sales business is allowed, so long as the vehicles stored are only for sale at that location.

Other concessions to dealers in the modified ordinance were as follows:

· Motor vehicle sales are more freely permitted

· No problematic distinction between indoor and outdoor dealer facilities.

· More reasonable residential screening requirements of dealers that permit the use of 100% screening of vehicle storage areas from adjacent residential areas.

· More flexibility in the proposed 20% public use space for all new dealerships, with a special system to provide funds for off-site public use space.

The dealers proposal for bonus height for Rockville Pike dealerships in mixed-use areas was deferred to the pending Rockville Pike Master Plan review process. WANADA will continue to monitor this development.

Following Rockvilles lead, Montgomery County at large has started a comprehensive review of its zoning ordinance. WANADA will participate in the county zoning review process, too, in order to ensure that member dealers are at the table.

Besides working closely with a well organized group of Rockville dealers, WANADA has retained Perry Berman, former staff member at the Maryland National Capital Park and Planning Commission, and Esther Gelman, a former member of the Montgomery County Council to assist the effort.

For more information, contact John ODonnell at WANADA, (202) 237-7200, or jod@wanada.org.