Appendix : Life Sciences Center Zone

Concerning: Life Sciences Center

Zone
Draft No. & Date: 7/16/09
Introduced:
Public Hearing:
Adopted:
Effective:
Ordinance No:

COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND

By: Councilmember

AN AMENDMENT to the Montgomery County Zoning Ordinance to:

- modify the Life Sciences Center (LSC) Zone to permit mixed-use

development under certain circumstances in order to promote the growth and
advancement of life sciences and applied technologies; to establish the use of
building lot termination development rights in the LSC Zone; and to generally
amend the provisions of the LSC Zone.

By amending the definitions of the following terms in the Montgomery County

Zoning Ordinance, Chapter 59 of the Montgomery County Code:

DIVISION 59-A-2. DEFINITIONS AND INTERPRETATION.

Section 59-A-2.1. Definitions.
Research, development and related activities;

By amending the following sections to the Montgomery County Zoning

Ordinance, Chapter 59 of the Montgomery County Code:

DIVISION 59-C-5. INDUSTRIAL ZONES.

Section 59-C-5.21. Allowable uses.
Section 59-C-5.23. Retail sales and personal services.
Section 59-C-5.3. Development standards.
Section 59-C-5.47. Special regulations LSC zone.

Add New Section 59-C-5.478. Definitions

Cultural, entertainment, and recreation;
Communication facilities or structures

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 Food services;
Health care services;
Personal services;
Retail trade;
Transportation facilities or structures; and
Utilities.

EXPLANATION: Boldface indicates a heading or a defined term.

Underlining indicates text that is added to existing laws by
the original text amendment.
[Single boldface brackets] indicate text that is deleted from
existing law by the original text amendment.
Double underlining indicates text that is added to the text
amendment by amendment.
[[Double boldface brackets]] indicate text that is deleted
from the text amendment by amendment.
* * * indicates existing law unaffected by the text
amendment.

ORDINANCE

The County Council for Montgomery County, Maryland, sitting as the District
Council for that portion of the Maryland-Washington Regional District in Montgomery
County, Maryland, approves the following ordinance:

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1 Sec. 1. DIVISION 59-A-2. is amended as follows:

2 Sec. 59-A-2.1. Definitions.

3 In this Chapter, the following words and phrases have the meanings indicated:

4 ***

5 Research, development and related activities: Study, research, and experimentation in

6 one or more scientific fields such as life sciences or biomedical research,

7 communications, chemistry, computer science, electronics, medicine and physics.

8 Research and development also includes the development of prototypes and the

9 marketing of resultant products. Related activities include the manufacturing, mixing,

10 fermentation, treatment, assembly, packaging and servicing of products. Supporting

11 services such as administrative offices, educational facilities, libraries, and data services

12 are other examples of related activities.

13 ***

14 Sec. 2. DIVISION 59-C-5. is amended as follows:

15 Sec. 59-C-5.2. Land uses.

16 ***

17 59-C-5.21. Allowable uses.

18 ***
19
I-1 I-2 I-3 I-4 R&D LSC*
(a) Residential.
Dwellings. SE SE SE
Dwellings, for caretakers or watchkeepers and their
families or for bona fide agricultural operations. P P P P P

Hotel or motel.1 SE SE
(b) Manufacturing and industrial.

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 I-1 I-2 I-3 I-4 R&D LSC*
I. Uses of a light industrial nature.
Bakery. P P P
Blacksmith shops, welding shops, ornamental iron works,
and machinery shops, excluding drop hammers and punch
presses over 20 tons rated capacity. P P P P P
Bottling plants. P P P
Confectionery production. P P P
Contractors, storage yards. P P
Dry cleaning and laundry plant. P P P
Electroplating and manufacturing of small parts such as
coils, condensers, transformers, and crystal holders. P P P P P
Food production, packaging, packing and canning of. P P P
Fuel storage yards. P P
Ice manufacturing and storage. P P P
Manufacturing of light sheet metal products. P P P P P
Manufacturing, compounding, assembling or treatment of
articles from the following previously prepared materials:
bone, cellophane, plastic, canvas, cloth, cork, feathers, felt,
fiber, fur, hair, horn, leather, textiles, yarns, glass, precious
or semi-precious metals or stones, and tobacco. P P P
Manufacturing, compounding, processing or packaging of
cosmetics, drugs, perfumes, pharmaceuticals, toiletries and
products resulting from biotechnical and biogenetic
research and development. P P P P [P]
Manufacturing, fabrication and/or subassembly of aircraft
or satellite parts, components, and equipment. P P P P
Manufacturing of musical instruments, toys, novelties, and
rubber and metal stamps. P P P
Manufacturing of paint not employing a boiling or
rendering process. P P P
Manufacturing of pottery and figurines or other products
using previously pulverized clay and kilns fired only by
electricity or gas. P P P
Manufacturing and assembly of electronic components,
instruments and devices. P P P P
Manufacturing and assembly of machine parts,
components and equipment. P P P
Manufacturing and assembly of medical, scientific or
technical instruments, devices and equipment. P P P P [P]

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 I-1 I-2 I-3 I-4 R&D LSC*
Manufacturing and assembly of mobile, modular and
manufactured homes. P P P
Manufacturing and assembly of semi-conductors
microchips, circuits and circuit boards. P P P P
Manufacturing of yeasts, molds, and other natural products
necessary for medical and biotechnical research and
development. P P P P [P]
Paper products manufacturing. P P P
Printing and publishing. P P P P
Research, development and related activities. P P P P [P]
Sawmills. P P
Sign making shop. P P P
Stoneworks. P P
Tinsmith and roofing services. P P P
Wood products manufacturing. P P P
II. Uses of a heavy industrial nature.
Alcoholic beverage manufacturing. SE P
Automobile recycling facility P
Distillation of coal, tar, or wood P
Central mixing plants for asphalt, concrete or other paving
materials. P
Chemicals, except sulfuric, nitric, hydrochloric acid or
other corrosive or offensive chemicals. P
Dye works. P
Fertilizer mixing plants. SE
Foundries or metal fabrication plants. P

Incinerators.6 SE27
Manufacturing of brick, clay, terra cotta and tile. P
Manufacturing of cinder blocks. P
Manufacturing of printing inks. P
Manufacturing of synthetic fabrics such as rayon. P
Manufacturing of cloth made from shoddy or other similar
material. P
Off-loading and transfer sites for storage of sand, gravel or
rocks. P7 P P7

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 I-1 I-2 I-3 I-4 R&D LSC*
Recycling facility. P30 P P30
Rock crusher, washing and screening plants. P

Sanitary landfills.6 SE27

Starch, glucose and dextrin. P
Steam power plants. P
Stove polish. P
Sugar refineries. P

(c) Transportation, communication and utilities.

Amateur radio facility. P35/ P35/ P35/ P35/ P35/ [P35/
SE SE SE SE SE SE]

Cable communications system.5 SE SE SE SE SE [SE]

Electric power transmission and distribution lines,
overhead, carrying more than 69,000 volts. P P SE SE SE [P]
Electric power transmission and distribution lines,
overhead, carrying 69,000 volts or less. P P P P
Electric power transmission and distribution lines,
underground. P P P P P [P]
Heliports. SE SE SE SE SE [SE]
Helistops. SE SE SE SE SE [SE]
Parking of motor vehicle, off-street, in connection with any
use permitted. P2 p3 P P P [P]
Parking of motor vehicle, off-street, in connection with any
use permitted in a commercial zone. SE
Pipelines, aboveground. P P SE SE SE [SE]
Pipelines, underground. P P P P P [P]
Public utility buildings and structures. SE SE SE SE SE [SE]
Radio and television broadcasting stations and towers. P33/ P33/ P33/ P33/ [P33/
SE P SE SE SE SE]
Railroad tracks. P P P P P [P]
Railroad yards or roundhouses. P
Rooftop mounted antennas and related unmanned
equipment building, equipment cabinets, or equipment
room.26 P P P P P [P]

Solid waste transfer station, private.6 SE27

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 I-1 I-2 I-3 I-4 R&D LSC*

Telecommunications facility.4 P P P P P [P]

Telephone and telegraph lines. P P P P P [P]
Telephone offices, communication and telecommunication
centers. P P P P [P]
Trucking terminals. P P
(d) Commercial.

Adult entertainment business.22 P P

Aircraft parts, sales and services, including the sale of fuel
for aircraft only. P P
Animal research service facilities. [P]
Automobile parts, sales and services, including but not
limited to tire sales and transmission services, but
excluding automobile filling stations. P P
Automobile repair and services. P P
Automobile sales, indoors and outdoors. P8 P8

Building material and supply, wholesale and retail.20 P P P P37

Cafeteria, dining room, snack bar, or other such facilities
as an accessory use in connection with the operation and
primarily for employees of the zone in which the use is
located.9 P P P P P [P29]
Consignment store P31

Eating and drinking establishments.9,10 SE SE SE SE [SE]

Lumberyards. P P P
Retail sales and personal services, dealing primarily with
employees in the zone, in accordance with section 59-C-
5.23. P P P P [P29]

Transitory use.25 P/SE P/SE P/SE P/SE P/SE [P/SE]

Wholesale trades limited to sale or rental of products
intended for industrial or commercial users. P P36 P
(e) Services.
Ambulance or rescue squads, publicly supported. P P P P [P]

Animal boarding places.11 P P

Automobile filling stations.21 SE SE14 SE

Automobile repair and services. P P
Automobile, truck and trailer rentals, outdoor. P P

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 I-1 I-2 I-3 I-4 R&D LSC*
Chancery. SE P24

Child day care facility.28

-Family day care home. P P P P [P]
-Group day care home. P P P P [P]
-Child day care center. P P P P [P]
Clinics, medical or dental. P P P P [P]
Computer programming and software services including
data banks and data retrieval. P P P P
Conference centers:
-With lodging facilities. SE SE
-Without lodging facilities. P P [P]
Corporate, administrative or business offices for
companies principally engaged in health services, research
and development or high technology industrial activities. P [P]
Day care facility for senior adults and persons with
disabilities P P P P [P]
Duplicating service. P P P P [P29]
Educational institution, private P34
Fire stations, publicly supported. P P P P [P]
General offices. P P12 P SE P13 [P13]
Highway fuel and food service. SE
Hospitals. SE SE SE SE [P]
Hospitals, veterinary, when in a soundproof building. P P
International organization, public. SE P24 P24 [P]
Laboratories. P P P P [P]
Landscape contractor. P
Meeting centers. SE
Nursing and care homes. [P]
Place of religious worship. P P P P [P]
Physical therapy facilities. [P]
Publicly owned or publicly operated uses. P P P P P [P]

Storage, outdoor.15 P P P
Trade, artistic or technical schools. P P19 P P19 [P19]

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 I-1 I-2 I-3 I-4 R&D LSC*
Universities and colleges providing teaching and research
facilities. P32 P P [P]
Warehousing and storage services:
-Industrial and commercial users. P P P16 P
-Self-storage facilities. P P
(f) Cultural, entertainment and recreational.
Art or cultural centers. SE SE [SE]
Health clubs. P P P P [P]
Libraries, scientific or technical. P P P P [P]

Private clubs.17 SE SE SE SE
Recreational facilities primarily for the use of
employees.17 P P P P P [P29]
Recreational or entertainment establishments, commercial. SE SE SE
Rifle or pistol ranges, indoor. SE SE SE
Service organizations. SE SE
Swimming pools, private. P18
(g) Resource production and extraction.
Agricultural uses. P P P
Dairy products processing. P P
Rock or stone quarries. P
Sand gravel or clay pits. P
Stockyards. SE SE
(h) Miscellaneous uses.
Accessory buildings and uses. P P P P P [P]
Signs, in accordance with the provisions of article 59-F. P P P P P [P]
20 ________________________________________________________________________

21 * See Section 59-C-5.211 for allowable uses in the LSC Zone.

22

23 59-C-5.211. Allowable uses in the LSC Zone.

24 The following uses are permitted in the LSC Zone:

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 25 (1) health care services;

26 (2) domiciliary care homes;

27 (3) research, development and related activities;

28 (4) Corporate, administrative or business offices for companies principally

29 engaged in health services, research and development or high
30 technology industrial activities.

31 (5) general offices limited to no more than 50% of the gross floor area of
32 the buildings on a lot or group of contiguous lots in common
33 ownership and control at the time of subdivision approval;

34 (6) private educational institutions;

35

36 (7) conference centers;

37 (8) hotels, motels, and inns;

38 (9) dwellings and dormitories;

39 (10) housing and related facilities for senior adults or persons with
40 disabilities;

41 (11) adult and child day care;

42 (12) food services, excluding drive-in restaurants;

43 (13) retail trade and personal services;

44 (14)cultural, entertainment, and recreation;

45 (15) communications facilities or structures;

46 (16) publicly owned or operated uses;

47 (17) transportation facilities or structures;

48 (18) utilities;

49 (19) accessory buildings and uses; and

50 (20) signs in accordance with the provisions of Article 59-F.

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51

52 59-C-5.23. Retail sales and personal services.

53 In the I-1, I-2, I-3, I-4, and R&D zones, [R]retail sales and personal services

54 operating primarily for the convenience of employees [of Industrial zones] are

55 permitted uses subject to the following limitations:

56 (a) Such use must not be located in an industrially zoned area containing less

57 than ten contiguous acres of land classified in industrial zones.

58 (b) Such use must not occupy more than 5 percent of the total floor area of the

59 buildings on a lot or group of contiguous lots in common ownership and

60 control at the time of subdivision approval.

61 (c) Such use must not front on or abut any street with a right-of-way of 70

62 feet or more unless the street is internal to the industrially zoned area.

63 Such use, however, must not front on or abut any street with an existing or

64 master planned right-of-way of 100 feet or more. All access to such use

65 must be from interior streets within the industrially zoned area.

66 (d) The display of a sign must comply with the requirements established in

67 Article 59-F of this chapter.

68 (e) In the I-3 and R&D zones, such use may be located within any building as

69 [a] an incidental use [in accordance with] under the following

70 requirements:

71 (1) Such incidental use must not be located above the first floor;

72 (2) Such incidental use must satisfy the requirements of subsections

73 (a), (b) and (d), above.

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 74 The provisions of this section shall not apply to any land or building

75 lawfully existing, under construction, or for which a building permit has

76 been issued [prior to] before August 19, 1987.

77 ***

78

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79 Sec. 59-C-5.3. Development standards.

I-1 I-2 I-3 I-4 R&D LSC

59-C-5.31 Building height.

No building shall exceed the following height limits:

(a) Normally:

-In stories 3 5 3

-In feet 42 70 100 42 50 [100]

150*
(b) In the I-1 zone this height may be increased in accordance with
the requirements of section 59-C-5.41.

59-C-5.32. Coverage limitations. (Percent of gross tract area)

-Green area shall be provided for not less than 10 10 35 20 30 [25]

-In the LSC Zone the minimum public use space is as follows but 20
may be provided in part or entirely off-site on a separate lot or parcel
classified under the LSC Zone. A payment instead of all or some of
the required public use space may be made at the time of site plan
review if approved under the applicable provisions of Section 59-D-
2.31.

-Off-street parking is not allowed to occupy more than 45 1

59-C-5.321. Maximum density of development.2 The maximum 0.30

density of development must not exceed the following floor area ratio
which is to be based on and may be averaged over the gross tract
area.

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 I-1 I-2 I-3 I-4 R&D LSC

In the I-3 and LSC zones, the maximum density of development 0.50 [0.30]
must not exceed the following floor area ratio, based on gross tract 2.0**
area, which may be averaged over 2 or more lots created by the same
subdivision plan if the density is recorded by covenant in the land
records for all affected lots. When averaging is used for previously
approved subdivision plans the total development density must not
exceed the density for which Facility approval was previously
granted, unless a new Adequate Public Facility test is applied. In such
situations, the shift of density must be recorded in the land records for
all affected lots. [Adequate Public Facility approval was previously
granted, unless a new Adequate Public Facility test is applied. In such
situations, the shift of density must be recorded in the land records for
all affected lots.]

In the LSC Zone, if the property is under common ownership or

control, the floor area ratio in one portion of the gross tract area of the
property may exceed the maximum floor area ratio of the zone only
if it is balanced by a lower floor area ratio elsewhere on the property
so that the overall floor area ratio for the property does not exceed the
maximum floor area ratio of the zone. The densities for all portions
of the property must be shown in a covenant that is recorded in the
land records and that covers the total tract area of the property. The
Planning Board must determine compliance with the densities shown
in the covenant at the time of site plan approval

In the LSC zone, 12.5% of any density above a floor area ratio of
0.50 must be supported through the purchase of a BLT easement in
accordance with Section 59-C-5.473.

In the I-3 zone, the maximum density may be increased up to a

maximum floor area ratio of 0.60 provided that the applicant for
development obtains approval of a traffic mitigation agreement at the
time of site plan review, that will result in traffic generation equal to
or less than a project with a floor area ratio of 0.50.

[ In the LSC zone, the maximum density may be increased to a

maximum floor area ratio of 0.50 provided the applicant for
development obtains approval of a traffic mitigation agreement in
accordance with Section 59-C-5.475.]
59-C-5.322. Requirement for landscape plan. In the R&D zone,
the preliminary plan of subdivision must include a landscape plan and
a plan for the preservation of natural features.

80

81 1 In unusual circumstances, may be waived by the [planning board] Planning Board at the time of

82 site plan approval upon a finding that a more compatible arrangement of uses would result.

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 83 2 An entire floor or story or a portion of a floor or story used exclusively for mechanical equipment

84 is excluded from the maximum density of development calculation, and no portion of any floor or

85 story excluded from the maximum density calculation that exceeds the Floor Area Ratio of the

86 zone may be used for any other purpose. The aggregate area of any partial floors or stories

87 excluded from the maximum density of development calculation must not exceed the gross floor

88 area of any full floor of the building.

89 * In approving height limits, the Planning Board must consider factors such as: the size of the lot or

90 parcel; the relationship of existing and proposed buildings and structures to surrounding uses; and

91 the need to preserve light and air for the occupants of the development and occupants of

92 surrounding properties.

93 ** In approving the densities, the Planning Board must consider the size of the parcel and the

94 relationship of the existing and proposed buildings and structures to surrounding uses.

95

96 ***

97 Sec. 59-C-5.4. Special regulations.

98 ***

99 59-C-5.47. Special Regulations LSC zone.

100 59-C-5.471. Purpose. The primary purpose of the Life Sciences Center (LSC)

101 Zone is to promote research, academic, and clinical facilities that advance the life

102 sciences, health care services and applied technologies. It is also the purpose of

103 the LSC Zone to provide opportunity for the development of uses that support a

104 Life Science Center, while retaining an environment conducive to high

105 technology research, development, and production.

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 106 [A life sciences center (LSC) is a major research and development park for

107 facilities of companies specializing in the life sciences and related fields, at a

108 location as recommended in a master sector plan.

109 (a) The goals of an LSC are:

110 (1) To provide a unique reinforcing focus for the life sciences industry

111 to promote the successful expansion of the industry in

112 Montgomery County;

113 (2) To expand the educational and research resources available for

114 Montgomery County residents, employers and work force; and

115 (3) A life sciences center may serve the health care needs of the

116 region.

117 (b) It is the intent that LSC’s be developed in a manner which makes a

118 positive contribution to the quality of life in the County. The facilities,

119 landscaping and open space will create an attractive setting and

120 environment conducive to high technology research, development,

121 production and related uses. The purposes of the life sciences center zone

122 are as follows:

123 (1) To promote the development of life science research parks which

124 reflect the highest architectural and environmental standards; to

125 preserve the confidence of corporate users and the surrounding

126 community that future development will be of consistently high

127 quality and to protect and enhance the economic and

128 environmental values of the life sciences center.

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129 (2) To assure that all buildings are compatible with each other and

130 with their surroundings in terms of exterior design, massing and

131 scale, and type and quality of construction.

132 (3) To promote clustering of buildings to encourage and facilitate

133 pedestrian use of open space and common areas and shared

134 facilities.

135 (4) To assure the provision of green areas and promote the use of

136 green areas to enhance the appearance of the facilities and the

137 quality of the work environment.]

138 59-C-5.472. Where applicable. No land may be classified in the LSC zone

139 unless the land is within an area for which there is an approved and adopted

140 master plan which recommends life sciences center development for the land

141 which is subject to the application of the zone. Development under the LSC zone

142 must be substantially consistent with the recommendations of the applicable

143 master or sector plan.

144 [59-C-5.473. Development standards.

145 (a) Building setbacks.

146 (1) Building setback from the rights-of-way of interior roads is 25 feet

147 Building setback from the rights-of-way of perimeter roads is 50

148 feet.

149 (2) Building setback from the right-of-way line at entry gateways is 50

150 feet.

151 (3) Building setback from an interior lot line is 20 feet.]

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 152 [(b) Building height. Maximum building height is 100 feet, except 125 feet in

153 the health services core of the Shady Grove Life Sciences Center as

154 defined in the 1986 Shady Grove Life Sciences Center Development Plan,

155 as amended.

156 (c) Building coverage. Maximum building coverage is 25 percent of the lot

157 area except that increased coverage up to 50 percent may be approved

158 when the applicant proposes to construct structured or underground

159 parking.

160 (d) Floor area ratio. The maximum floor area ratio may be increased to 0.50

161 if special trip reduction is implemented in accordance with the guidelines

162 in Section 59-C-5.475.

163 (e) Green area. The minimum green area on the site is 25 percent of the lot area.

164 Roofs or below grade parking may be counted as green space if developed

165 for passive or recreational use.

166 (f) Parking setbacks.

167 (1) Parking setback from rights-of-way is 50 feet.

168 (2) Parking setback from an interior lot line is 15 feet. Where internal

169 connection between adjacent parking lots is planned, total

170 combined setback is eight (8) feet.

171 (3) In the Shady Grove Life Sciences Center, parking setback from the

172 right-of-way line of Blackwell Road and the curb line of access

173 roadways and cul-de-sacs is 25 feet.

174 (g) Parking design standards. ]

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175 [(1) All parking areas must be effectively screened from adjacent

176 roadways and adjoining lots, through the use of berms, plantings,

177 or the depression of parking areas below surrounding grades.

178 (2) Parking areas should be broken up into lots of no more than 150

179 cars, the lots to be separated by landscaped islands.

180 (3) The number of parking spaces provided, and the overall design and

181 layout of parking lots must be in accordance with Article 59-E.

182 (4) No access to any lot is allowed directly from perimeter roads.

183 (h) Site design standards.

184 (1) Buildings should be sited to provide primary visual orientation to

185 the internal road network. Care must be taken so that exposure to

186 roads surrounding the life sciences center do not detract from the

187 overall appearance of the facility or the life sciences center.

188 (2) Buildings should appear to be integrated into the natural terrain,

189 avoiding unnatural looking grading.

190 (3) Service areas should not detract from the design of the facility. All

191 service areas should be effectively screened from adjoining lots,

192 pedestrian areas, and parking lots by incorporating them into the

193 building or by the use of walls, berms, level changes and

194 landscaping.

195 (4) In the Shady Grove Life Sciences Center, pedestrian paths or

196 sidewalks must be provided in accordance with the 1986 Shady

197 Grove Life Sciences Center Development Plan, as amended.]

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 198 [(i) Building design standards.

199 (1) All sides of the building are to be built with finish materials.

200 (2) Recommended finish materials include:

201 (A) Architectural masonry units (excluding standard concrete

202 and cinder block);

203 (B) Natural stone;

204 (C) Precast concrete

205 (D) Aluminum and architectural metals

206 (E) Porcelain covered metal panels; and

207 (F) Glass

208 (3) Mechanical equipment should be located within the building or

209 within a mechanical equipment penthouse. If mechanical

210 equipment is located on the roof or is free-standing on the site, it

211 must be effectively screened from view by means fully compatible

212 with the architecture. Mechanical equipment must be screened

213 from view from all roads and immediately adjacent structures

214 (existing or future) four stories in height or less. Required flues or

215 vents must be compatible in design with the architecture and

216 preferably incorporated into that design.

217 (4) Outdoor storage must not be permitted except when effectively

218 screened within a court or a wall made of substantial materials

219 compatible with those of the building skin.

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220 (5) All trash containers, transformers, meters, telephone junction

221 boxes etc., must be integrated architecturally or effectively

222 screened with screen walls and/or landscaping materials.

223 Locations must be compatible with building and site design.

224 (6) No temporary structures may be constructed or trailers located

225 within the LSC except for those approved by the Director to

226 service a construction project and only for the duration of the

227 construction. ]

228 [(j) Site lighting standards.

229 (1) Site lighting must be provided to maintain a minimum level of

230 illumination within the parking areas (ft. candle minimum

231 maintained).

232 (2) Maximum pole heights for drives and parking lots must be

233 approximately 24 feet with “cut off” type luminaries. Poles and

234 luminaries must be compatible with established lighting in the

235 existing core area.

236 (3) Lighting bollards must be used adjacent to pedestrian walk areas.

237 The design must be compatible with architectural materials.]

238 [59-C-5.474. Landscaping guidelines.

239 (a) Landscaping should be an integral part of the building design and should

240 provide effective screening and shade.

241 (b) Every effort should be made to avoid formality in plantings except as it

242 may be integral to an architectural concept. Emphasis should be placed on

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 243 the natural grouping of groves of trees and every opportunity should be

244 taken to emphasize or take advantage of natural terrain features.

245 (c) Plants should be restricted to those with low maintenance requirements

246 and which have already proven themselves hardy and easily cared for in

247 this area.

248 (d) To ensure year-round interest and beauty, a skeletal planting of evergreen

249 trees and major shrubs of seasonal interest should be used in each project

250 so that the design does not disintegrate at leaf-fall.

251 (e) Native flowering trees should be planted in groves placed near areas of

252 pedestrian use. Whenever possible, larger specimens should be selected in

253 order to create an immediate effect at major points in the design. Smaller

254 plantings may be used in peripheral areas.]

255 [59-C-5.475. Special trip reduction guidelines. Where the approved

256 subdivision plan of the life sciences center allows a development density

257 exceeding 0.3 FAR, it is the intent of the special trip reduction guidelines to

258 achieve as a goal a reduction in auto trips for projects of 10 percent below the

259 peak hour trip generation rates adopted by the Planning Board for the

260 administration of the Adequate Public Facilities Ordinance. To help achieve the

261 trip reduction goal, design measures should be incorporated in the project to meet

262 trip reduction objectives established in this section, as well as non-design

263 measures for the purpose of reducing dependence on single-occupant

264 automobiles. The Planning Board may establish a schedule for achieving the goal

265 and time periods during which the trip reduction measures will be in effect. Any

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266 or all of the following trip reduction guidelines or other measures proposed by an

267 applicant are to be considered as appropriate on a case-by-case basis taking into

268 consideration specific circumstances of the project.]

269 [(a) Design guidelines.

270 (1) Buildings clustered near internal streets to minimize walking

271 distance to available transit and to promote an attractive, active and

272 safe pedestrian-oriented streetscape, to accommodate bus service,

273 carpooling and vanpooling within a project.

274 (2) An uninterrupted pedestrian circulation system linking the various

275 uses within a project . The pedestrian system should provide

276 convenient connections to transit service and employee

277 convenience services to reduce dependence on single-occupant

278 automobiles and to promote an active streetscape.

279 (3) If convenience services are provided, space on the ground floor of

280 a building for such services to reduce the need for private vehicle

281 trips during the day.]

282 [(b) Non-design guidelines.

283 (1) Trip reduction programs such as limiting off-street parking after

284 consideration of market demand, flex time, the provision of or

285 participation in share-a-ride programs, transit/vanpool fare

286 discounts, bus shelters, emergency ride-home programs, reserved

287 HOV spaces, or other acceptable measures that may be proposed;

288 provided that a limitation on off-street parking below the

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 289 applicable standards of Article 59-E shall not be required in order

290 to achieve trip reduction goals.

291 (2) Development phased in accordance with public or private transit

292 availability.]

293 [(c) Implementation.

294 (1) The Planning Board may establish a schedule for achieving the

295 requirements and time periods during which the trip reduction

296 measures will be in effect. The Planning Board may also require

297 the applicant to enter into an agreement providing for the

298 monitoring, enforcement, and other terms of the trip reduction

299 program. Provision must be made in the agreement to allow for

300 the inclusion of a maximum cost for the implementation of

301 substitute components of the trip reduction measures in the event

302 initial components do not achieve the requirements.

303 (2) Results of on-site trip reduction programs implemented by the

304 applicant to satisfy other traffic mitigation conditions of development

305 approvals may be credited toward achieving the trip reduction

306 requirement. All traffic mitigation requirements otherwise applicable

307 remain in effect. The Planning Board may phase implementation of

308 some or all of the trip reduction in accordance with the build-out of the

309 project and/or availability of transmit so that the measures are feasible

310 and effective, except the Planning Board must not defer such

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311 implementation for more than 10 years from the issuance of any use-

312 and-occupancy permit for a building in the project.]

313

314 59-C-5.473. Special regulations for use of a Building Lot Termination (BLT)

315 Development Right.

316 Except for residential development subject to the requirement of workforce

317 housing under Section 59-C-5.474(b) and except for health care services:

318 (a) 12.5 percent of any floor area above 0.50 must be supported through the

319 purchase by the applicant of a BLT easement or through a contribution to the

320 Agricultural Land Preservation Fund under Chapter 2B, for purchase of a

321 BLT easement on real property to preserve agricultural land in the County.

322 One buildable RDT zoned lot must be extinguished for each 9,000 square

323 feet of residential space, or for each 7,500 square feet of non-residential

324 space.

325 (b) If the applicant for development under the LSC zone cannot purchase an

326 easement, or if the amount of density to be attributed to BLT easement is a

327 fraction of the applicable floor area equivalent, the Planning Board must

328 require the applicant to pay the Agricultural Land Preservation Fund an

329 amount set annually by Executive Regulation.

330

331 59-C-5.474 MPDUs and Workforce Housing.

332 (a) Moderately Priced Dwelling Units. If residential uses are included in a

333 development, Moderately Priced Dwelling Units must be provided under Chapter

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 334 25A. The maximum residential FAR may be increased in proportion to any

335 MPDU density bonus units provided on-site.

336

337 (b) Workforce Housing.

338 (1) Notwithstanding Section 59-A-6.18 and Chapter 25B, this zone

339 requires that any site plan containing residential units at a density of 20

340 dwelling units per acre or higher or containing 100 dwelling units or

341 more, include an amount of workforce housing units that is not less

342 than 5 percent of the total number of proposed market rate dwellings,

343 not including any MPDUs or resulting bonus density units, or dwelling

344 units excluded under Chapter 25B.

345 (2) To allow the construction of all workforce housing units on site, the

346 Planning Board must permit:

347

348 (A) any residential density or residential FAR limit of the applicable

349 zone to be exceeded to the extent required for the number of

350 workforce housing units that are constructed, but not by more than

351 5 percent;

352
353 (B) any residential density or residential FAR limit established in a

354 master or sector plan to be exceeded to the extent required for the

355 number of workforce housing units that are constructed, but not

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356 more than the maximum density and FAR of the zone, except as

357 provided in paragraph (2)(A), and

358
359 (C) any building height limit established in a master or sector plan to

360 be exceeded to the extent required for the number of workforce

361 housing units that are constructed, but not more than the maximum

362 height of the zone.

363

364

365 59-C-5.475 Parking. Off-street parking must satisfy Article 59-E.

366

367 59-C-5.476. Procedure for application and approval.

368 (a) [The procedure for site plan approval in the LSC zone is set forth in] Site

369 plan approval in the LSC Zone must satisfy Division 59-D-3. The site plan must

370 be substantially consistent with the recommendations of the applicable master or

371 sector plan. In addition to the site plan submission requirements, the applicant

372 must submit for approval comprehensive design standards that address building

373 types, facades, and architecture except when the site plan is proposed for

374 amendment through a limited plan amendment, a consent agenda amendment or a

375 Director level amendment. Site plans also must be substantially consistent with

376 general design principles recommended by the applicable master or sector plan

377 and design guidelines adopted by the Planning Board to implement the applicable

378 master or sector plan.

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 379

380 (b) For site plan or subdivision plan approvals before (ZTA Effective Date),

381 , [T]the following regulations apply [in the LSC zone]:

382 (1) In the Shady Grove Life Sciences Center except as provided

383 below, an applicant for site plan or subdivision plan approval must

384 comply with the requirements of the Amended and Restated

385 Declaration of Covenants and Easements dated March 9, 1990 and

386 recorded May 25, 1990 in Liber 9332 at folio 591, or as the

387 Declaration may be later amended, that governs the development

388 of the Shady Grove Life Sciences Center. Any project that

389 receives site plan or subdivision plan approval on property

390 identified as University Sites in the 1995 Shady Grove Life

391 Sciences Center Development Plan is not required to comply with

392 the Declaration.

393 (2) Properties within the Shady Grove Life Sciences Center except as

394 provided below are subject to the provisions of:

395 A. an approved subdivision plan which may restrict the

396 maximum density allowed, and

397 B. the 1986 Shady Grove Life Sciences Center Development

398 Plan, as amended. This subparagraph does not apply to any

399 project on the property identified as the University Sites in

400 the 1995 Shady Grove Life Sciences Development Plan.

401 Any application of the 1986 Shady Grove Life Sciences

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402 Center Development Plan to such University Sites arises by

403 private agreement only.

404 (3) Any proposed development shown on a site plan or plan of

405 development approved prior to June 11, 1996 may be constructed

406 in accordance with the approved plan regardless of whether said

407 development is built in one or more phases. Such development is

408 not subject to the provisions of Section 59-G-.1 and 59-G-4.25,

409 and may be continued, repaired, reconstructed, or structurally

410 altered in accordance with the approved site plan or plan of

411 development. In cases where detailed review of subsequent phases

412 of an approved plan is anticipated, such reviews will continue to be

413 required under the provisions of Division 59-D-3.

414 59-C-5.477. Existing approved buildings, building permits, or uses.

415 (a) Any existing building or structure for which a lawful building permit was

416 issued, and any lawful use which was instituted on property within the

417 Shady Grove Life Sciences Center and subject to the provisions of the

418 1986 Shady Grove Life Sciences Center Development Plan, as amended,

419 prior to a sectional zoning map amendment approved on June 11, 1996,

420 where such lot was rezoned to the life sciences center zone by sectional or

421 local map amendment, will not be regarded as a non-conforming use.

422 Such building or use may be structurally altered, replaced or repaired, or

423 may be changed in conformance with the requirements of the previous

424 lease agreement or memorandum of understanding with the County

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 425 entered into prior to June 30, 1984, so long as it remains an otherwise

426 lawful use. Properties which are subject to a lease agreement or

427 memorandum of understanding with the County entered into prior to June

428 30, 1984 may be developed [in accordance with] under agreements and

429 procedures applicable prior to June 11, 1996. Any lawful uses or

430 development which were approved in a plan of development approved by

431 the District Council may be instituted on the Shady Grove Life Sciences

432 Center properties.

433 (b) Construction underway in the Shady Grove Life Sciences Center pursuant

434 to a building permit validly issued and existing at the time of

435 reclassification to the life sciences center zone shall be permitted, and

436 buildings and structures so constructed shall not be considered

437 nonconforming.

438 (c) Any lawful structure, building, or use that existed for which a building

439 permit was issued before the date the LSC zone was applied to the

440 property is a conforming structure or use and may be continued,

441 structurally altered, repaired, renovated, or enlarged up to 10 percent of

442 the gross building floor area. However, any enlargement of the building

443 that is more than 10 percent of the gross floor area, or construction of a

444 new building must comply with the new standards of the LSC zone.

445 (d) Any preliminary plan or site plan approved before the date the LSC zone

446 was applied to the property remains valid, and construction may proceed

447 subject to applicable approvals. A preliminary plan approved before the

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448 date the LSC zone was applied to the property may be amended under the

449 standards of the previous zone or under the LSC zone standards.

450

451 59-C-5.478. Definitions.

452 In the Life Sciences Center Zone, the following words and phrases have the meanings

453 indicated:

454 Cultural, entertainment, and recreation: Establishments that operate facilities or

455 provide services to meet cultural, entertainment, and recreational interests of their

456 patrons. Such establishments include art/cultural centers, health clubs, libraries, private

457 clubs, and theaters.

458 Communications facilities or structures: Facilities or structures that support or

459 facilitate communications by radio, television, or telephone. Such facilities or structures

460 include amateur radio facility, cable communications system, radio and television

461 broadcasting studio, radio and television stations, telephone office or communications

462 center, and rooftop mounted antennas and related equipment.

463 Food services: Establishments that prepare meals, snacks, and beverages for human

464 consumption. Such establishments include restaurants, cafes, and coffee shops.

465 Health care services: Establishments providing health care by trained professionals.

466 These establishments include hospitals, hospice care facilities, life care facilities, nursing

467 homes, medical clinics, physical therapy facilities, and occupational therapy facilities.

468 Personal services: Establishments that provide services to individuals, households, and

469 businesses. These establishments include self-service laundromats, dry cleaning and

470 laundry establishments of no more than 3,000 square feet of gross floor area, dry cleaning

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 471 and laundry pick-up stations, beauty and barber shops, shoe repair, photo studios and

472 photo finishing services, data services, appliance repair shops, duplicating services, tailor

473 or dress making shops, and pet grooming services.

474 Retail trade: Establishments engaged in selling merchandise to the general public and

475 services incidental to the sale of merchandise. These establishments include grocery

476 stores, pharmacies, automobile filling stations, electronic and appliance stores, office

477 supply stores, computer and software stores, hardware stores, and clothing stores.

478 Transportation facilities or structures: Facilities or structures that support or facilitate

479 transportation of people. Such facilities or structures include bus terminals, bus stops,

480 transit stations, transit stops, taxi stands, heliports, helistops and off-street parking of

481 motor vehicles, in connection with any use permitted.

482 Utilities: Buildings and structures that provide services such as telephone, electric power,

483 natural gas, water, and sewage removal.

484

485 Sec. 3. Effective date. This ordinance becomes effective 20 days after the date of

486 Council adoption.

487

488 This is a correct copy of Council action.

489

490 Linda Lauer, Clerk of the Council

491

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