The petitioners request the annexation of two parcels of land located at the western end of Westmore Road, near its intersection with the B&O railroad tracks (see Attachment 1 - Petition for Annexation). The properties are each one-half acre in size, and each is developed with a single-family residence. The residences are no longer used as dwelling units; when they were occupied, the water and sewer service was provided by a well and septic system. In its consideration of the subject petition, the applicants request the Mayor and City Council assign the I-1 (Service Industrial) zoning classification to the properties upon annexation.

The subject petition has been submitted in accordance with provisions of Article 23A of the Annotated Code of Maryland which specifies procedures for annexation to a municipal corporation. The law requires the Mayor and Council to introduce a resolution to propose annexation promptly upon being petitioned to do so. Such a resolution has been introduced and a public hearing has been scheduled by the Mayor and Council for May 17, 1999. The Mayor and Council are required to conduct a public hearing simultaneously, for adoption of a new zoning map for the subject property. Prior to the Mayor and Council's public hearing, the Planning Commission is required to study the subject area and forward its recommendation to the Mayor and Council, including an appropriate zoning classification of the subject site. Section 25-99 of the City of Rockville Zoning & Planning Ordinance requires the Planning Commission to conduct a public hearing so that interested persons or parties who wish to speak and/or submit written comments into the official record have an opportunity to do so. The Planning Commission’s public hearing has been scheduled for April 21, 1999. Postcard notification of this pending annexation and the related public hearing dates was mailed to all property owners in the surrounding industrial area, as well as to individuals in the residential neighborhood of Lincoln Park.

The petitioners are the owners of the respective parcels, which have street addresses of 7420 and 7424 Westmore Road. The parcels are located east of the B&O Railroad right-of-way, and there is one parcel intervening between the subject parcel and the railroad. Prior to construction of the Metrorail system, Westmore Road crossed the railroad tracks and intersected with MD355. The existing Montgomery County zoning classification of the properties is I-1 (Light Industrial).

The Property - The properties are each one-half acre in size and each is square in shape. They are surrounded by an adjacent industrial parcel that is U-shaped; these two parcels form the hollow portion of the U-shape. The properties are contiguous to and abut the City's corporate limits along the side of the parcel adjacent to the U-shaped parcel. Each property is developed with a single family dwelling unit, which were used as residences until last year. At this time, one of the dwellings is used as an auto storage yard under existing Montgomery County law. Both parcels are on well and septic, and in order to develop the auto repair and indoor car sales uses which are planned for the site, are required to hook up to water and sewer.

The properties are relatively flat with some gentle sloping to the rear. There are large grass areas on both sites, with sparse trees and vegetation. One large mature tree is located on the eastern parcel. Across Westmore Road from the subject properties is the Washington Gas field. This area is the hub of the gas company’s underground transmission system. Most of the development on the site is underground culverts containing natural gas canisters, with some industrial equipment located above ground at the site’s interior.

This area is quite isolated from the rest of the City. Westmore Avenue provides the only access point into this industrial area. All of the property in this area, except for these small parcels, is located in the City of Rockville, and has been in the City for some time. The most recent previous annexation in the area was in 1985, when the parcel at the corner of Westmore Road and Westmore Avenue was annexed. The surrounding properties are developed with a range of uses, from automotive repair, to warehouses, to a large printing operation. While there is no residential use in the immediate vicinity, traffic to the Westmore Industrial area must go through the Lincoln Park residential neighborhood to the south to access the industrial uses. Traffic cut-through in this area is a continuing concern of the City and the residents of the Lincoln Park neighborhood. However, because of the small size of these parcels and any use that may be developed on the sites, there will be a limited number of new trips from the future development of the parcels. Therefore, this annexation recommends that the issue of cut-through traffic continue to be reviewed as a policy issue and that no specific actions be taken by this applicant to address the problem.

Public Facilities & Services - The subject properties are not located in the Washington Suburban Sanitary District; thus they cannot be provided with water and sewer service from the Washington Suburban Sanitary Commission (WSSC). The area is within Rockville’s water and sewer service area. It is Rockville’s policy not to provide service to unincorporated property. Once annexed, water and sewer service can be provided to the properties. The cost of connecting the property to the water and sewer lines will be part of normal construction costs associated with the development of the property. At the present time, Montgomery County provides no services to the subject properties for which it would have to be compensated, if the parcels are annexed into the City. Services such as police protection will be provided through general tax revenue. Any public improvements necessitated by future development of the property, such as roadway improvements to the site's street frontages, stormwater management facilities, or water-sewer service connections, would be the responsibility of the site developer. All such improvements would be constructed and installed under established permit and bond procedures.

Access to the property is presently provided from Westmore Road, an industrial road that is under Montgomery County jurisdiction and control at this location. This road used to cross the railroad tracks and intersect with MD355. In 1981, during construction of the Metrorail system, the road was dead-ended at the tracks, which substantially reduced the amount of traffic on this section of roadway.

This road is substandard, by current industrial road standards, in both right-of-way width and pavement section. The transportation element of the Rockville Master Plan classifies Westmore Road as a primary industrial road that normally would have a 70-foot wide right-of-way. Neither the City nor the County has any plan now, or in the foreseeable future, for making actual road improvements

In 1985, the property at the corner of Westmore Road and Westmore Avenue was annexed and required to dedicate right-of-way on both roads, as well as a corner truncation. Other properties to the west of the corner property have also dedicated the right-of-way for a road widening, one in 1961 and another in 1973. On the northern side of the road, adjacent to the Washington Gas site, there has been no dedication.

The likelihood of widening this road in the near future is quite minimal. No roadway widening could be completed until right-of-way is obtained from the north side. Since the Gas Light yard is such a specialized land use, and part of an intricate network of natural gas transmission facilities, the likelihood of its redevelopment is also minimal for the foreseeable future. Since the road is dead-end, this further contributes to the likelihood that widening of the road may not be required.

However, in the event that a widening might occur at some future date, the dedication of the right-of-way at this time is recommended so that some future widening does not have an impact on the development that will occur once annexation takes place. Once the property is developed, any future widening of the road would be precluded without a future dedication, which could impact the site’s developments. Since the Montgomery County Department of Public Works and Transportation (DPWT) currently controls the road, it has the final authority on the widening issue.

The Rockville Master Plan Regarding Annexations - The subject property and abutting properties to the west are currently located in an "Urban Growth Area" (UGAs) as established by the adopted and approved 1993 Master Plan of Rockville. In the current City (1993) Master Plan, the term Urban Growth Areas (UGAs) has replaced the term Maximum Expansion Limits (MELs), in order to make the language more representative of current development conditions in which the City has recognized the importance of all development in nearby areas, regardless of whether the properties seek annexation to the City.

The Maryland-National Capital Parks & Planning Commission (M-NCPPC) has, in previous annexation considerations, raised concerns about the loss of County taxes when annexation occurs. Hence it has become somewhat standard for MNCPPC to recommend the City request the petitioners pay county park taxes or make a payment in lieu of taxation upon annexation. While the City supports the County's request that the applicant comply, it has not been included as a required condition of the subject petition's approval.

Annexation Recommendations - Since the subject property is contiguous to the City of Rockville and is capable of being served by City services, approval of the annexation is recommended. However, the issue of right-of-way needs should be addressed at the annexation stage to prevent future development difficulties. Therefore, it is recommended that the Mayor and Council requires the satisfaction of the following as a condition of annexation:

• That necessary right-of-way for future widening of Westmore Road is dedicated to public

Procedure - When land is annexed, all zoning upon that land which was imposed by the authority previously having jurisdiction will no longer exist. Therefore, the Mayor and Council must adopt a new zoning map to become effective upon the annexation of the property. The zoning classification which will be placed constitutes "original zoning." The guidelines for determining the appropriate classification for the new zoning map are: the achievements of the land use recommendations of the adopted Rockville Plan; and compatibility with existing and proposed development in the area.

The Annotated Code of Maryland, Article 23A, Section 19, prescribes procedures for enlarging municipal boundaries in Maryland. State law also imposes limitations on the zoning classification that may be assigned to newly annexed land. The law requires that land uses of the City zone assigned to a newly annexed property may not be substantially different from that specified in the adopted Montgomery County Master Plan or General Plan covering the subject parcel prior to its annexation. The 1985 Upper Rock Creek Master Plan prepared by the Maryland National Capital Park & Planning Commission (MNCPPC), is the County's Plan covering the subject property. The Plan's land use designation for the subject site is for "service industrial" land usage, which is identical to the site's current I-1 (Light Industrial) zoning classification in the County.

The City and County are currently completing a study of annexation and zoning issues in the Gude Drive-Southlawn Lane area. The main focus of the study is to review the availability of I-2, Heavy Industrial land in the area. The City, in previous annexations, has designated I-2 zoned County land as I-1 upon annexation to the City. The County is concerned that this type of action will hinder the County’s ability to continue to provide heavy industrial uses as required. Since the subject parcel of this annexation is not zoned I-2, its ultimate zoning is not under consideration by the study even though it is within the study area. Therefore, the recommendations of the joint study will not affect this annexation.

The City’s I-1 and the County’s I-1 Zones are substantially the same. No land use of a substantially different nature of that permitted in the County’s I-1 Zone is permitted in the City’s I-1 Zone. Therefore, it is appropriate for the City to annex these properties and place them in the I-1 Zone, without the consent of the Montgomery County Council.

The Rockville Master Plan, Land Use & Zoning - The approved Land Use Plan which was adopted with the City's 1993 Master Plan recommends the subject property for "service industrial" land usage. Thus, the petitioners request to rezone the subject property to the City's I-1 (Service Industrial) Zone is consistent with the City's Master Plan land use designation of the subject site area. It is important to note that the City's I-1 Zone permits land uses similar to the uses permitted in the County's I-1 Zone. In accordance with the City's Zoning Ordinance, the I-1 Zone is designed to provide space for certain industrial uses necessary to serve residents of the City and surrounding areas and provide general wholesaling and retailing facilities for certain commodities appropriate in an industrial zone. The petitioners are desirous of using the properties for indoor auto sales and automotive repair. Therefore, the request to place the subject property into the City's I-1 Zone will be in keeping with the existing land uses found in this area of the City, based on the kinds of land uses now located nearby.

Existing & Proposed Land Use and Zoning in the Area - The subject properties are, as noted earlier, developed with single family dwelling units that are no longer used as dwellings, and are currently used for limited automotive uses. All surrounding land is zoned I-1 (either in Rockville or Montgomery County) and is developed and used in accordance with industrial zone regulations.

Zoning Map Recommendations - In view of the fact that the subject property is surrounded by I-1 zoned land, and the land use recommendations of both the Rockville Plan and applicable County Plan are for industrial use, it is recommended that the subject property be placed in the I-1, Service Industrial Zone upon annexation.

/lwr

Attachments