Rockville adopts zoning change to ease parking rules for certain MPDU townhouses in Tower Oaks

The Rockville Mayor and Council on March 3 adopted Zoning Text Amendment TXT 2025-268, a change to the city's zoning code that reduces parking requirements for certain moderately priced dwelling unit (MPDU) townhouses in planned developments and allows affected units to be certified as meeting the new standard.

The amendment, which staff recommended and the Planning Commission had approved, was proposed to address a local construction issue in the Reserve at Tower Oaks where 35 of 51 MPDU townhouse units included garage spaces that did not meet the city's minimum nine-foot width. The ZTA reduces the required townhouse parking from two spaces to one (with supplementary requirements described below) for qualifying MPDUs in planned developments, and allows certification by the Chief of Zoning to enable permitted work in those previously noncompliant garage areas.

City staff attorney Jim Wasilek told the council the text amendment was drafted in response to a specific problem in the Reserve at Tower Oaks community and the city's work with the homeowner association and the developer. "This ZTA will allow for revised parking requirements for MPDU townhouses within planned developments," he said, adding the change includes on-street parking provided at a rate of 0.5 spaces per townhouse unit and a pedestrian-access condition for units within 0.7 miles of transit or a public parking facility.

Why it matters: Council members and residents said the amendment would let homeowners legally convert narrowed garage areas into living space or otherwise use them without being forced into expensive demolition, while preserving on-street parking and pedestrian-access conditions intended to limit parking shortfalls. The Planning Commission had recommended approval, and staff said the change does not alter the citywide minimum of two parking spaces per townhouse in general code; it applies only to MPDU townhouses in approved planned developments that meet the ZTA criteria.

Public testimony and responses

The council heard from a mix of Tower Oaks residents, HOA representatives and city staff over roughly two hours of testimony. Kimberly M. Olaheran Perez, legal counsel for the Reserve at Tower Oaks Homeowners Association, said the HOA supported the ZTA as presented by the Planning Commission but urged the council to require at least 20 feet of each affected garage be reserved for parking so a standard-size vehicle can be accommodated. "We are generally supportive of the zoning text amendment 2025-268, and we particularly do support that the zoning text amendment does still require 20 feet of the parking garage to be used for parking purposes," Perez said.

Several MPDU owners said a 20-foot requirement would be burdensome or unnecessary. Carla Alfano, an MPDU owner who testified, told the council she supported the ZTA as "the best of the solutions presented" and asked the city to waive permit, inspection and construction fees for impacted homeowners for two years after passage. Alfano also urged the city to help homeowners seek compensation from the developer, EYA, for costs the developer might have borne for the retrofits.

Other speakers raised safety and accessibility concerns tied to the development's stormwater design. Irene Bowen, speaking for the Tower Oaks stormwater management committee, said the site's bioswales create hazardous crossings and make access difficult for people using mobility devices or strollers. Bowen warned the city about potential obligations under the Americans with Disabilities Act and urged staff to include affected residents in any technical discussions. "The Americans with Disabilities Act requires [a public entity] to provide program access," Bowen said.

David Safin, who chairs the stormwater committee, described falls and at least one medical emergency where responders had difficulty reaching a home because of the bioswales and the lack of accessible crossings. Several residents said EYA had offered a no-cost retrofit option to some owners but many owners had not accepted that offer.

Staff responses and council direction

City staff repeated that EYA had offered to retrofit garages at no cost and that the city had the authority to certify compliance for MPDU units under the ZTA once the criteria were met. City Manager Michalik noted a new plan-review checklist and other internal steps the city had adopted to reduce future lapses in plan-review compliance.

During deliberations several council members raised two remedies in addition to approving the ZTA: directing the city manager to waive permit-related fees for impacted homeowners for a set period and pressing the developer to assist owners. After discussion, the council directed staff to allow a two-year window from the adoption date during which permit fees for affected properties in the Reserve at Tower Oaks could be waived. The council also encouraged continued negotiations with EYA on retrofit assistance; staff said EYA had not committed to covering permit fees.

Council action and vote

Councilmember Valeri introduced the ordinance to grant Zoning Text Amendment TXT 2025-268. Councilmember Jackson moved to waive the layover; Councilmember Van Grack seconded and the body approved the waiver. Councilmember Fulton moved to adopt the ordinance; Councilmember Shaw seconded. The council voted to adopt the ZTA and it passed unanimously. (The record before the council did not include a roll-call count in the transcript; the minutes show the measure passed with all members present voting in favor.)

What the ZTA does and next steps

Key elements of TXT 2025-268, as described in staff materials and the public hearing, include: - A reduced parking requirement for qualifying MPDU townhouses in planned developments from two required spaces to one required space per unit, provided that the development also supplies on-street parking at a rate of 0.5 spaces per townhouse and the unit has pedestrian access to transit or a public parking facility within 0.7 miles. - Retention of the citywide minimum two-space requirement for townhouses except where the ZTA criteria for planned developments apply. - Certification by the Chief of Zoning that a MPDU townhouse unit meets the new requirements.

After the vote, the mayor told residents the council had directed staff to prepare a written waiver of permit fees for affected homeowners for a period of two years and to continue working with the HOA, residents and EYA on site-specific solutions for the bioswales and accessible crossings. Staff told the council they would try to provide an update on bioswale/accessibility work by June.

Community reaction and outstanding issues

Residents and HOA leaders expressed mixed feelings at the hearing: some urged a stricter 20-foot parking-space requirement, while many MPDU owners opposed the 20-foot demand and said it would leave them worse off. Several speakers urged clearer covenant language for the HOA that would reflect the change in zoning requirements. The stormwater and accessibility concerns raised by residents will require continued technical review by public works and coordination with the HOA and developer.

The council adopted TXT 2025-268 as a targeted fix for the Reserve at Tower Oaks parking problem and directed staff to implement temporary fee relief and pursue negotiated relief from the developer where feasible. Staff and the Planning Commission will return any proposed implementing code text as part of the ongoing zoning ordinance rewrite work.