Update: The City has posted notice of this hearing, along with a draft of the amendment. By my reading, it does pretty much just what I said below, which is to add a parallel exception process for the residential district. Personally, I’d think they’d just add a one- or two-story exception option for the commercial district as well and get it over with.
At the September 5th Council meeting, at the very end of the meeting when virtually everyone had left the room, a zoning text amendment was introduced. This text amendment was to enable changes to height restrictions in the CD zone, apparently to enable the redevelopment of the Broadstone Apartments. As I wrote at the time, this would seem to be an echo of a similar amendment requested by Jody Kline and discussed in an early January Council meeting. Also, following the September 18th Council meeting, I speculated that this text amendment could be related to an odd clause in the draft redevelopment deferral ordinance.
As of this writing, the City still has not posted notice or background on their website, however notice was printed in today’s Gaithersburg Gazette. I cannot find a copy of this notice on the Gazette’s website to link to, but their facility for searching legal notices doesn’t work very well so it could be there and I’m just not finding it. Anyway, from the printed notice, it appears that the request is not as egregious as what was proposed in January; it states (transcribed):
[…] so as to amend the waiver standards so that the City Council may, by resolution, waive the building and structure height requirements in the Corridor Development Zone (CD Zone) as follows: for a residential district to allow a height not to exceed four (4) stories, or forty-eight (48) feet.
The current CD zone, by my reading, appears to allow buildings in the residential district to be at most three stories, or 35 feet in height. There also appears to be no explicit process for granting an exception. There is a process for exception in the employment district, where the routine limit is six stories, or 65 feet. The exception process allows for buildings up to eight stories, or 90 feet, if a number of requirements are met and Council approves. This proposed text amendment appears to request that there be a parallel exception process for the residential district, with a special-exception hight of up to four stories allowed. If I recall correctly, in January the request was for removal of the restriction of the special exception height to the employment district, which would have resulted in a special-exception height of eight stories in the residential and commercial districts as well, and brought fears that a developer was planning on building an eight-story apartment building on South Frederick Avenue.
I will post more information as it becomes available.