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Hearing examiner recommends denial of Rockville Road rezoning after petitioner cites traffic and site constraints
Summary
The hearing examiner recommended denial of a petition to rezone 8830–8850 Rockville Road from DA/D3 to C3, citing incompatibility with surrounding residential context and staff objections. Petitioner argued the site and future Rockville reconstruction make residential use impractical.
The hearing examiner recommended denial Thursday of a rezoning petition that would have changed 1.527 acres at 8830 and 8850 Rockville Road from DA and D3 to C3 commercial zoning.
Petitioner Ronald (Ron) Sears, representing HKZ Properties, LLC, told the hearing examiner the site is effectively isolated by the forthcoming Rockville Road reconstruction — which will add medians — and by surrounding commercial parcels. He said the median and traffic patterns planned for 2027 will make residential access difficult and that prior tenants had left because the site was not desirable for housing.
Staff planner Dez (last name not specified in the record) opposed the rezoning, saying the site is mid-block, adjacent to daycare facilities and single-family homes, and that the comprehensive plan designates the area for residential uses. Staff noted the site is not near an intersection as the pattern book recommends for new commercial development, and that many C3 uses could generate traffic or require variances given the parcel’s context.
Sears acknowledged a previously submitted conceptual site plan for a car wash but said the petitioner would not pursue that use; he argued instead for flexibility to attract a commercial user. The hearing examiner said staff’s compatibility concerns and the potential for C3 uses to be “inappropriate” at that mid-block location justified recommending denial.
The hearing examiner’s recommendation will be forwarded for final consideration to the Metropolitan Development Commission on April 2. No formal commission vote occurred at this hearing.
Details: The petitioner said the site has been underutilized and cited nearby commercial development and an NDOT/MCDOT reconstruction project on Rockville Road as reasons to seek commercial zoning. Staff replied the property could still be used for residential development that would better match the adjacent neighborhood.
The record contains no sworn remonstration in opposition; no roll-call vote was taken at today’s examiner hearing.
