Ordinance No:

Zoning Text Amendment No: 09-08

Concerning: Commercial/Residential (CR) Zones -
Establishment
Draft No. & Date: 5 - 1/4/09
Introduced: September 22, 2009
Public Hearing:
Adopted:
Effective:

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: District Council at Request of the Planning Board

AN AMENDMENT to the Montgomery County Zoning Ordinance to:

- Establish Commercial/Residential (CR) zones; and

- Establish the intent, allowed land uses, development methods, general requirements,
development standards, density incentives, and approval procedures for development under the
Commercial/Residential zones.

By adding the following Division to the Montgomery County Zoning Ordinance, Chapter 59 of
the Montgomery County Code:

DIVISION 59-C-15 “COMMERCIAL/RESIDENTIAL ZONES”

Sections 59-C-15.1 through 59-C-15.9

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.
 OPINION

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:
 Zoning Text Amendment 09-08

1 Sec. 1. Division 59-C-15 is added as follows:

2 * * *
3 DIVISION 59-C-15. COMMERCIAL/RESIDENTIAL (CR) ZONES
4
5 59-C-15.1. Zones Established.
6 59-C-15.11. The Commercial/Residential (CR) zones are established as
7 combinations of a sequence of [[four]] 4 factors: maximum total floor area
8 ratio (FAR), maximum non-residential FAR, maximum residential FAR,
9 and maximum building height. These zones are identified by a sequence of
10 symbols: CR, C, R, and H, each followed by a number where:
11 a) the number following the symbol “CR-“ is the maximum total FAR;
12 b) the number following the symbol “C” is the maximum non-residential
13 FAR;
14 c) the number following the symbol “R” is the maximum residential
15 FAR; and
16 d) the number following the symbol “H” is the maximum building
17 height in feet.
18 The examples in this Division do not add, delete, or modify any provision of
19 this Division. Examples are provided only to demonstrate particular
20 applications of the provisions in the Division. Examples are not intended to
21 limit the provisions.
22 59-C-15.12. Each unique sequence of CR, C, R, and H is established as a
23 zone under the following limits:
24 a) the maximum total FAR must be established as an increment of 0.25
25 from 0.5 up to 8.0;
26 b) the maximum non-residential and residential FAR must be
27 established as an increment of 0.25 from 0.25 up to 7.5; and

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28 c) the maximum height must be established as an increment of 5 feet up

29 to 100 feet and an increment of 10 feet from 100 feet up to 300 feet[[;
30 and]].
31 [[d) permitted]] 59-C-15.121. Permitted density may be averaged over 2
32 or more directly abutting or confronting lots in [[the same]] one or
33 more CR [[zone]] zones, provided that:
34 1) the lots are subject to the same sketch plan;
35 2) the lots are created by the same preliminary subdivision plan;
36 3) the maximum total density and non-residential and residential
37 density limits apply to the entire development [[subject to the
38 sketch plan and subdivision plan,]] not to individual lots;
39 4) no building may exceed the maximum height set by the zone;
40 5) public benefits must be provided [[in proportion to any phased
41 development on individual lots]] under the phasing element of
42 an approved sketch plan; and
43 6) the resulting development must conform to the design and land
44 use objectives of the applicable master or sector plan and
45 design guidelines.
46 7) the total maximum density on the area zoned with a lower
47 maximum total FAR may not be exceeded.
48 59-C-15.13. The CR zones can only be applied when specifically
49 recommended by an approved and adopted master or sector plan and only
50 by the sectional map amendment [[in conformance with the zoning
51 recommendations of an approved and adopted master or sector plan]]
52 process.

53 Examples:

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54 An area zoned CR-2.0, C1.0, R1.0, H80 allows a total FAR of 2.0, with maximum non-
55 residential and residential FARs of 1.0, thereby requiring an equal mix of uses to obtain
56 the total FAR allowed. The height for any building in this zone is limited to 80 feet.
57 An area zoned CR-6.0, C3.0, R5.0, H200 allows a residential FAR of up to [[of]] 5.0,
58 [[whereas]] a non-residential [[density is only allowed an]] FAR of up to 3.0, and a mix
59 of the two uses could yield a total FAR of 6.0. This combination allows for flexibility in
60 the market and shifts in the surrounding context. The height for any building in this zone
61 is limited to 200 feet.
62 An area zoned CR-4.0, C4.0, R4.0, H160 allows [[the ultimate]] complete flexibility in
63 the mix of uses, [[even]] including buildings with no mix, because the maximum allowed
64 non-residential and residential FARs are both equivalent to the total maximum FAR
65 allowed. The height for any building in this zone is limited to 160 feet.
66
67 59-C-15.2. Description and Objectives of the CR Zones.
68 The CR zones permit a mix of residential and non-residential uses at varying
69 densities and heights. The zones promote economically, environmentally, and
70 socially sustainable development patterns where people can live, work, and have
71 access to services and amenities while minimizing the need for automobile use.
72 The application of the CR zones [[are]] is appropriate where ecological impacts
73 can be moderated by co-locating housing, jobs, and services. The objectives of the
74 CR zones are to:
75 a) implement the policy recommendations of applicable master and sector
76 plans;
77 b) target opportunities for redevelopment of single-use areas and surface
78 parking lots with a mix of uses;
79 c) reduce dependence on the automobile by encouraging development that
80 integrates a combination of housing types, mobility options, commercial
81 services, and public facilities and amenities;
82 d) encourage an appropriate balance of employment and housing opportunities
83 and compatible relationships with adjoining neighborhoods;

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84 e) establish the maximum density and building height for each zone, while
85 retaining appropriate development flexibility within those limits; and
86 f) standardize optional method development by establishing minimum
87 requirements for the provision of the public benefits that will support and
88 accommodate density above the standard method limit.
89 59-C-15.3. Definitions Specific to the CR Zones.
90 The following words and phrases, as used in this Division, have the meaning
91 indicated. The definitions in Division 59-A-2 otherwise apply.
92 Car share space: a parking space that serves as the location of an in-service
93 vehicle used by a vehicle-sharing service.
94 Cultural institutions: public or private institutions or businesses including: art,
95 music, and photographic studios; auditoriums or convention halls; libraries and
96 museums; recreational or entertainment establishments, commercial; theater,
97 indoor; theater, legitimate.
98 Day care facilities and centers: facilities and centers that provide daytime care
99 for children and/or adults, including: child daycare facility (family day care,
100 group day care, child day care center); daycare facility for not more than 4
101 senior adults and persons with disabilities; and day care facility for senior
102 adults and persons with disabilities.
103 Frontage: a property line shared with an existing or master-planned public or
104 private road, street, highway, or alley right-of-way or easement boundary.
105 LEED: the series of Leadership in Energy and Environmental Design (LEED)
106 rating systems developed by the Green Building Council as amended.
107 [[ Locally-owned small business: a commercial business that:
108 a) is majority-owned by a resident of Montgomery County or any
109 adjacent jurisdiction; and

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110 b) meets the size standards as determined by the Small Business

111 Administration’s Table of Small Business Size Standards (SBA Table)
112 or is a franchised company with total holdings by the local-owner that
113 meets the size standards of the Table.]]
114 Live/Work unit: Buildings or spaces within buildings that are used jointly for
115 [[commercial]] non-residential and residential purposes where the residential
116 use of the space is secondary or accessory to the primary use as a place of
117 work.
118 Manufacturing and production, artisan: The manufacture and production of
119 commercial goods by a skilled manual worker or craftsperson, such as jewelry,
120 metalwork, cabinetry, stained glass, textiles, ceramics, or hand-made food
121 products.
122 [[Priority retail street frontage: Frontage along a right-of-way identified in a
123 master or sector plan to be developed with street-oriented retail to encourage
124 pedestrian activity.]]
125 Public Arts Trust Steering Committee: A committee of the Arts and Humanities
126 Council that allocates funds from the Public Arts Trust.
127 Public owned or operated uses: Activities that are located on land owned by or
128 leased and developed or operated by a local, county, state, or federal body or
129 agency.
130 Recreational facilities, participatory [[, indoor]]: Facilities used for [[indoor]]
131 sports or recreation. [[ Spectators would be incidental on a nonrecurring basis.
132 Such uses typically include bowling alleys, billiard parlors, indoor tennis and
133 handball courts, and health clubs. ]]
134 Reconstruction: Building the same or less floor area on or within footprint of a
135 demolished or partially demolished building.

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136 [[Recreational facilities, participatory, outdoor: Facilities used for outdoor

137 sports or recreation. Spectators would be incidental on a nonrecurring basis.
138 Such uses typically include driving ranges, miniature golf courses, swimming
139 pools, and outdoor ice skating rinks.]]
140 Renovation: An interior or exterior alteration that does not affect a building’s
141 footprint.
142 Seasonal Outdoor Sales: A lot or parcel where a use or product is offered
143 annually for a limited period of time during the same calendar period each year.
144 The availability or demand for the use or product is related to the calendar
145 period, such as Christmas trees, pumpkin patches, or corn mazes.
146 Transit proximity: [[ Level 1 proximity is based on the location of a project with
147 access to an existing or planned Metrorail Station. Level 2 proximity is based
148 on the location of a project with access to an existing or planned MARC
149 Station, light rail station, or a stop along a transportation corridor with fixed
150 route bus service where service intervals are no longer than 15 minutes during
151 peak commute hours.]] Transit proximity is determined at the time of a sketch
152 plan application and is categorized in three levels: 1. Proximity to an existing
153 or planned Metrorail Station; 2. Proximity to a station or stop along a rail or
154 bus line with a dedicated, fixed path; and 3. Proximity to a station or stop along
155 a bus line that does not have a dedicated, fixed path but has service intervals
156 that are no longer than 15 minutes during peak commute hours. A project
157 adjacent to or confronting a transit station or stop shares a property line,
158 easement line, or is only separated by a right-of-way from a transit station or
159 stop. In addition to a project that is adjacent or confronting, a project is [[also]]
160 considered to have access to a transit facility if [[all parcels and lots within]]
161 the project’s gross tract area [[ have ]] in a single sketch plan has no more than

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162 25 percent of [[their]] land area farther than the applicable distance from the
163 transit station or stop and if not more than 10 percent of the residential units in
164 the project are farther than the applicable distance from the station or stop. A
165 planned transit station or stop must be funded for construction within the first 4
166 years of the Consolidated Transportation Program or the Capital Improvement
167 Program. If a project qualifies for more than one transit proximity level, the
168 project may only take incentive density for one of the qualifying benefits.
169 59-C-15.4. Methods of Development and Approval Procedures.
170 Two methods of development are available under the CR zones.
171 59-C-15.41. Standard Method.
172 Standard method development must comply with the general requirements
173 and development standards of the CR zones. A site plan approval under
174 Division 59-D-3 is required for a standard method development project only
175 if:
176 a) the gross floor area exceeds 10,000 square feet; or
177 b) any building or group of buildings contains 10 or more dwelling units
178 [[; or ]]
179 [[c) the proposed development generates 30 or more new peak-hour
180 trips]].
181

182 59-C-15.42. Optional Method.

183 Optional method development must comply with the general requirements
184 and development standards of the CR zones and must provide public
185 benefits under Section 59-C-15.8 to obtain [[the full densities]] greater
186 density and height than allowed [[by the zone]] under the standard method
187 of development. A sketch plan and site plan are required for any

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188 development using the optional method. A sketch plan must be filed under
189 the provisions below; a site plan must be filed under Division 59-D-3. Any
190 required preliminary subdivision plan must be submitted concurrently with
191 the site plan.
192 [[a) Contents of a sketch plan:
193 1) justification statement for optional method development
194 addressing the requirements and standards of this Division,
195 how the development will further the objectives of the
196 applicable master or sector plan, and how the development will
197 be more efficient and effective than the standard method of
198 development;
199 2) total FAR, conceptual uses and maximum densities per use;
200 3) building massing, height, public use and other open spaces, and
201 the relationship of proposed buildings to adjacent buildings;
202 4) general vehicular, pedestrian, and cyclist circulation and
203 access;
204 5) table of proposed public benefits and incentive density
205 requested for each benefit; and
206 6) general phasing of structures, uses, public benefits, and site
207 plans.
208 b) Procedure for a sketch plan:
209 1) Before filing a sketch plan application, an applicant must
210 comply with the provisions of Section 4 of the Manual for
211 Development Review Procedures for Montgomery County, as
212 amended, that concern the following procedures:
213 (a) notice;

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214 (b) holding a public meeting; and

215 (c) posting the site of the submission.
216 2) The submittal, review procedure, and fees for a sketch plan are
217 the same as a pre-application submission under Section 50-
218 33A(a), except that there is no requirement to submit a
219 preliminary subdivision plan within 90 days.
220 3) The Planning Board may require some elements of the sketch
221 plan to be binding on any subsequent site plans.]]
222 a) A sketch plan application must contain:
223 1) A justification statement that addresses how the project meets
224 the requirements and standards of this Division for optional
225 method development and describes how the development will
226 further the objectives of the applicable master or sector plan;
227 2) An illustrative plan or model that shows the maximum densities
228 for residential and non-residential uses, massing, and heights of
229 buildings; locations of public use and other open spaces; and
230 the relationships between existing or proposed buildings on
231 adjoining tracts;
232 3) An illustrative diagram of proposed vehicular, pedestrian, and
233 bicycle access, circulation, parking, and loading areas;
234 4) A table of proposed public benefits and the incentive density
235 requested for each; and
236 5) The general phasing of structures, uses, public benefits, and
237 site plan applications.
238 b) Procedure for a sketch plan:

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239 1) Before filing a sketch plan application, an applicant must

240 comply with the provisions of the Manual for Development
241 Review Procedures, as amended, that concern the following:
242 1. Notice;
243 2. Posting the site of the application submittal; and
244 3. Holding a pre-submittal meeting.
245 2) A public hearing must be held by the Planning Board on each
246 sketch plan application no later than 90 days after the filing of
247 an optional method development application unless a request to
248 extend this period is requested by the applicant, Planning
249 Board staff, or other interested parties. A request for an
250 extension must be granted if the Planning Board finds it not to
251 constitute prejudice or undue hardship on any interested party.
252 A recommendation regarding any request for extension must be
253 acted upon as a consent agenda item by the Planning Board on
254 or before the 90-day hearing period expires. Notice of the
255 extension request and recommendation by Staff must be posted
256 no fewer than 10 days before the item’s agenda date.
257 3) No fewer than 10 days before the public hearing on a sketch
258 plan, Planning Board staff must submit its analysis of the
259 application including its findings, comments, and
260 recommendations with respect to the requirements and
261 standards of this division and any other matters that may assist
262 the Planning Board in reaching its decision on the application.
263 This staff report must be included in the record of the public
264 hearing.

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265 4) The Planning Board must act within 30 days after the close of
266 the record of the public hearing, by majority vote of those
267 present and voting based upon the hearing record, to approve,
268 approve subject to modifications, conditions, or binding
269 elements, or disapprove.
270 c) In approving a sketch plan, the Planning Board must find that the
271 following elements are appropriate in concept and appropriate for
272 further detailed review at site plan:
273 1) The plan meets the requirements and standards of this division,
274 the development will further the objectives of the applicable
275 master or sector plan, and will provide more efficient and
276 effective development of the site than the standard method of
277 development;
278 2) The proposed building massing and height and public use and
279 other open spaces are located and scaled to achieve compatible
280 relationships with each other and with existing and proposed
281 buildings and open space adjacent to the site and with adjacent
282 communities;
283 3) The general vehicular, pedestrian, and bicyclist access,
284 circulation, parking, and loading areas are adequate, safe, and
285 efficient;
286 4) The proposed public benefits and associated requested
287 incentive density will further the objectives of the applicable
288 master or sector plan; and

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289 5) The general phasing of structures, uses, public benefits, and

290 site plans is feasible and appropriate to the scale and
291 characteristics of the project.
292 d) At applicant’s request, the Planning Board may approve changes or
293 modification of its findings regarding a sketch plan at the time of site
294 plan review. The applicant must identify any inconsistency between
295 the approved sketch plan and the proposed site plan in the notice of
296 application for the site plan.
297

298 59-C-15.5. Land Uses.

299 No use is allowed in the CR zones except as indicated below:
300 - Permitted Uses are designated by the letter “P” and are permitted
301 subject to all applicable regulations.
302 - Special Exception Uses are designated by the letters “SE” and may be
303 authorized as special exceptions under Article 59-G.
304

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305
a) Agricultural
Farm and country markets P
Farm, limited to crops, vegetables, herbs, and ornamental plants P
Nursery, horticultural – retail or wholesale P
Seasonal outdoor sales P
b) Residential
Dwellings P
Group homes, small or large P
Hospice care facilities P
Housing and related facilities for senior adults or persons with P
disabilities
Life care facilities P
Live/Work units P
Personal living quarters P
c) Commercial Sales and Service
Advanced technology and biotechnology P
Ambulance or rescue squads P
Animal boarding places SE
Automobile filling stations SE
Automobile rental services, excluding storage of vehicles and P
supplies
Automobile repair and services P
Automobile sales, indoors and outdoors P
Clinic P
Conference centers P
Eating and drinking establishments P
Health clubs and gyms P
Home occupations, major SE
Home occupations, registered and no-impact P
Hotels and motels P
Laboratories P
Dry cleaning and laundry pick-up stations P
Offices, general P
Recreational facilities, participatory[[, indoor]] P
[[Recreational facilities, participatory, outdoor SE]]
Research, development, and related activities P
Retail trades, businesses, and services of a general commercial P
nature
Self-storage facilities SE
Veterinary hospitals and offices without boarding facilities P
Warehousing, not including self-storage, less than 10,000 square P
feet

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d) Institutional & Civic

Charitable and philanthropic institutions P
Cultural institutions P
Day care facilities and centers P
Educational institutions, private P
Hospitals P
Parks and playgrounds, private P
Private clubs and service organizations P
Publicly owned or publicly operated uses P
Religious institutions P
e) Industrial
Manufacturing and production, artisan P
Manufacturing, compounding, processing, or packaging of cosmetics, P
drugs, perfumes, pharmaceuticals, toiletries, synthetic molecules, and
projects resulting from biotechnical and biogenetic research and
development
Manufacturing and assembly of medical, scientific, or technical P
instruments, devices, and equipment
f) Other
Accessory buildings and uses P
Bus terminals, no-public P
Parking garages, automobile P
Public utility buildings, structures, and underground facilities P
Radio and television broadcast studios P
Rooftop mounted antennas and related unmanned equipment P
buildings, cabinets, or rooms
306 59-C-15.6. General Requirements.
307 Development in the CR zone must comply with the following requirements.
308 59-C-15.61. Master Plan and Design Guidelines Conformance.
309 Development that requires a site plan must be consistent with the applicable
310 master or sector plan and must address any design guidelines [[adopted]]
311 approved by the Planning Board to implement the applicable plan.
312 59-C-15.62. Priority Retail Street Frontages.
313 Development that requires a site plan and is located on a street identified as
314 a priority retail street frontage in the applicable master or sector plan must
315 [[provide the following:]] be developed in a manner that is consistent with

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316 the recommendations and objectives of the applicable plan and address any
317 applicable design guidelines approved by the Planning Board to implement
318 the applicable plan.
319 [[a) on-street parallel parking, unless specifically denied by the agency
320 maintaining the right-of-way;
321 b) majority of display windows and entrances arranged between zero
322 and 45 degrees to the sidewalk;
323 c) shop entrances spaced at minimal distances in order to activate the
324 street;
325 d) building façade along at least 65 percent of the aggregate length of
326 the front street right-of-way;
327 e) front building wall no farther than 10 feet from the public right-of-
328 way or 5 feet if no public utility/improvement easement (PUE or PIE)
329 is required; and
330 f) windows or glass doors on 60 percent of the building façade between
331 3 and 9 feet above sidewalk grade.
332 These provisions may be modified or waived by the Planning Board during
333 the review of a site plan if found to be unreasonably burdensome to a
334 proposed development due to conditions such as unusual lot size,
335 topography, limited frontage, or other atypical circumstance.
336
337

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338
339 Priority Retail Building Requirements Illustrative]]
340 59-C-15.63. Streetscape.
341 Streetscape improvements must be consistent with the recommendations of
342 the applicable master or sector plan and must address any Planning Board
343 approved design guidelines that implement the applicable plan.
344 59-C-15.64. Bicycle Parking Spaces and Commuter Shower/Change
345 Facility.
346 a) Bicycle parking facilities must be [[free of charge,]] secure[[,]] and
347 accessible to all residents or employees of the proposed development.
348 b) The number of bicycle parking spaces and shower/change facilities
349 required is shown in the following table (calculations must be
350 rounded to the higher whole number):
351
Bicycle and Shower/Change Facilities Required
Use Requirement
Residential
In a building containing less than At least 4 bicycle parking spaces.
20 dwelling units.
In a building containing 20 or At least 0.5 bicycle parking spaces per dwelling unit, not
more dwelling units. to be [[less]] fewer than 4 spaces and up to a maximum of
100 required spaces.

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In any group living arrangement At least 0.1 bicycle parking spaces per unit, not to be[[
expressly for senior citizens. less]] fewer than 2 spaces up to a maximum of 100
required spaces.
Non-Residential
In a building with a total non- At least 2 bicycle parking spaces.
residential floor area of 1,000 to
9,999 square feet.
In a building with a total non- [[One bicycle parking space per]] Two bicycle spaces for
residential floor area of 10,000 to the first 10,000 square feet plus one additional space for
99,999 square feet. every additional 10,000 square feet, up to a maximum of
100 [[required]] spaces.
In a building with a total non- [[One bicycle parking space per]] Two bicycle spaces for
residential floor area of 100,000 the first 10,000 square feet plus one additional space for
square feet or greater. every additional 10,000 square feet, up to a maximum of
100 [[required]] spaces. One shower/change facility for
each gender available only to employees when the
building is accessible.
352 59-C-15.65. Parking.
353 a) [[The maximum]] (1) For projects that satisfy the requirements for
354 transit proximity levels 1 or 2, the number
355 of parking spaces provided on site must not
356 exceed the minimum number established
357 under Article 59-E. , except that the
358 maximum number of parking spaces for
359 general retail and restaurant uses is 4 spaces
360 for every 1,000 square feet of gross leasable
361 area and no parking spaces are required for
362 restaurant outdoor patron areas.
363 (2) All projects that do not satisfy the requirements for
364 transit proximity levels 1 or 2, must meet the parking
365 requirements established under Article 59-E, except that the
366 number of parking spaces for general retail and restaurant uses

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367 established in subsection (a)(1) may be provided without a

368 waiver.
369

370 b) [[The]] Except for retail and restaurant uses that satisfy subsection (a)
371 and projects that satisfy transit proximity level 3, the minimum
372 number of parking spaces required is based on transit proximity as
373 follows:
374
Minimum Parking Requirements
Transit Proximity (Level 1 or 2)
¼ mile from ¼ to ½ mile ½ mile to 1 mile >1 mile
transit from transit from transit from transit
Non-residential: the 0.20 0.40 0.60 0.80
minimum number of
required spaces under
Article 59-E multiplied
by the following factor:
Residential: the 0.60 0.70 0.80 0.90
minimum number of
required spaces under
Article 59-E multiplied
by the following factor:
375
376 c) Parking requirements must be met by any of the following:
377 1) providing the spaces on site;
378 2) constructing publicly available on-street parking, including on-
379 street parking in the public right-of-way; or
380 3) entering into an agreement for shared parking spaces in a
381 public or private facility within 1,000 feet of the subject lot,
382 [[provided that]] if the off-site parking facility is not in an
383 agricultural (Division 59-C-9), planned unit development
384 (Division 59-C-7), or residential (Division 59-C-1) zone.

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385 d) Every “car-share” space provided reduces the total minimum number
386 of required spaces by 6 spaces for non-residential use or 3 spaces for
387 residential use.

388 Example: A non-residential site requiring at least 100 spaces under Article 59-E would be
389 required to provide a maximum of 100 spaces on site. If that site was within ¼ to ½ mile of a
390 transit station, the minimum requirement for parking would be 40 spaces (100 x 0.40 = 40). If 2
391 car-share spaces were provided, that requirement would be 28 for non-residential use or 34 for
392 residential use.
393 e) The design of surface parking facilities must comply with the
394 following:
395 1) a parking facility at or above grade must not be located
396 between the street and the main front wall of the building or the
397 side wall of a building on a corner lot[[; however,]] unless the
398 Planning Board [[may approve a design if it]] finds that [[the
399 alternative design would provide safer and more]] safe and
400 efficient circulation would be better served by a different
401 arrangement;
402 2) if a site is adjacent to an alley, the primary vehicular access to
403 the parking facility must be from that alley; and
404 3) curb cuts must be kept to a minimum and shared by common
405 ingress/egress easements whenever possible.
406 f) The design of parking facilities with drive-through services must
407 comply with the following; however, the Planning Board may
408 approve a design if it finds that the alternative design would provide
409 safer and more efficient circulation:

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410 1) the driveway must not be located between the street and the
411 main front wall of a building or the side wall of a building on a
412 corner lot;
413 2) the drive-through service window must be located on the rear
414 or side wall of the building provided that, in unusual
415 circumstances such as an atypical lot configuration or steep
416 site, if located on the side wall of the building, the drive-
417 through service window must be permanently screened from
418 any public street; and
419 3) curb cuts to a street must be minimized to one drive aisle of no
420 more than 20 feet in width for two-way traffic or two drive
421 aisles each of no more than 10 feet in width for one-way traffic.
422 g) [[Landscaping]] Except for an area along a driveway that is adjacent
423 to non-residential uses, landscaping for surface parking facilities must
424 satisfy the following requirements:
Minimum Landscape Standards for Surface Parking
Subject Requirement
Right-of-Way Screening 6-foot width of continuous soil panel or stormwater
management recharge facility (not including any PUE or
PIE) with groundcover, planting bed, or lawn; a minimum 3-
foot high continuous evergreen hedge or fence; and one
deciduous tree per 30 feet of street frontage or per the
applicable streetscape standards.
Adjacent to a lot or parcel in any 4-foot width continuous soil panel or stormwater
Commercial, Industrial, or Mixed- management recharge facility with groundcover, planting
Use Zone bed, or lawn; one deciduous tree per 30 feet of frontage.
Adjacent to a lot or parcel in an 10-foot width continuous soil panel or stormwater
Agricultural or Residential management recharge facility with groundcover, planting
District bed, or lawn; 6-foot high continuous evergreen hedge or
fence; and one deciduous tree per 30 feet of frontage.
Internal Pervious Area 10 percent of the parking facility area comprised of
individual areas of at least 100 square feet each.
Tree Canopy Coverage 30 percent of the parking facility area (at 15 years growth).

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425
426

427
428 Surface Parking Landscape Requirements Illustrative
429
430 59-C-15.7. Development Standards.
431 Development in any CR zone must comply with the following standards.
432 59-C-15.71. Density.
433 a) The maximum density for any standard method project is the greater
434 of 0.5 FAR or 10,000 square feet of gross floor area. Any single land
435 use or any combination of land uses allowed in the zone may achieve
436 the maximum density.
437 b) The maximum total density and mix of maximum non-residential and
438 residential density for any project using the optional method of
439 development is specified by the zone. [[The difference between the
440 standard method density and optional method density is defined as
441 “incentive density” and is allowed under the incentive density
442 provisions of Section 59-C-15.8.]]
443 59-C-15.72. Height.

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444 a) The maximum height for any building or structure in a standard

445 method project is 40 feet.
446 b) The maximum height for any building or structure in an optional
447 method project is determined by the zone.
448 [[

449
450 Incentive Density Illustration (with maximum FAR)]]
451 59-C-15.73. Setbacks.
452 a) [[A building]]Any building not under construction or completed
453 before the CR zone is applied must not be any closer to a lot line [[of
454 an]]shared with a lot or parcel in an agricultural (Division 59-C-9) or
455 residential (Division 59-C-1) zone than:
456 [[a)]]1) 25 feet or the setback required by the adjacent lot,
457 whichever is greater; and
458 [[b)]] 2) the building must not project beyond a 45 degree angular
459 plane projecting over the lot measured from a height of
460 55 feet at the setback determined above, with the
461 exception of those features exempt from height and
462 setback restrictions under Section 59-B-1.

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463 b) A building existing when the CR zone is applied may retain its pre-
464 existing setback if the height of the building is not increased.
465

466 [[

467
468 ]] NOTE to editor: add the following illustration
Required Building Setback

Height Limit

45 degrees
55 FT.
Zoning Boundary

CR Zone Agricultural or Residential Zone

469
470 Angular Plan Setback Illustration
471
472 59-C-15.74. Public Use Space.
473 a) [[The minimum public]]Public use space is not required for any
474 standard method project [[is 10 percent of the net tract area of the
475 site]].

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476 b) Projects using the optional method of development must provide

477 public use space as follows:[[
Minimum Required Public Use Space (% of net lot area)
Acres (Gross) Number of Existing and Planned Right-of-Way Frontages
1 2 3 4+
<½ 0 0 4% 6%
½ - 1.00 0 4% 6% 8%
1.01 - 3.00 4% 6% 8% 10%
3.01 – 6.00 6% 8% 10% 10%
6.01 + 8% 10% 10% 10%
478 ]]
479
Acres (Gross Tract Area) Minimum Required Public Use Space
(% of net tract area)
Equal to or less than 3.0 0
Greater than 3.0 5%
but equal to or less than 6.0
Greater than 6.0 10%
480
481 c) Public use space must:
482 1) be calculated on the net [[lot]] tract area [[of the site]] that was
483 included in the sketch plan application;
484 2) be rounded to the next highest 100 square feet;
485 3) be easily and readily accessible to the public;
486 [[4) be placed under a public access easement in perpetuity;]] and
487 [[5)]]4)contain amenities such as seating options, shade, landscaping,
488 or other similar public benefits.
489 d) Instead of providing on-site public use space, for any site of 3 acres
490 or less, a development may propose the following alternatives,
491 subject to Planning Board approval:
492 1) public use space improvements [[to an area equal in]] of an
493 equal or greater size within ¼ mile of the subject site; or

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494 2) a payment in part or in full to the Public Amenity Fund[[, equal

495 to the average cost of required site improvements, added to the
496 current square foot market value of the area required as public
497 use space]] under Section 59-D-2.31.
498 e) A development on a site larger than 3 acres may only provide
499 off-site public use space in order to provide master-planned
500 open space improvements, or a payment under subsection d)
501 (2), for an area of equal or greater size required on site that is
502 located within the master plan area.
503 59-C-15.75. Residential Amenity Space.
504 a) Any building containing 20 or more dwelling units must provide
505 amenity space for its residents as follows:
506
Required Residential Amenity Space
Type of Amenity Space Area of Amenity Space
Indoor space in a multi-purpose room, fitness 20 square feet per dwelling unit up to 5,000
room, or other common community room(s), square feet.
at least one of which must contain a kitchen
and bathroom.
Passive or active outdoor recreational space. 20 square feet per dwelling unit, of which at
least 400 square feet must adjoin or be directly
accessible from the indoor amenity space.
507
508 b) The amenity space is not required for Moderately Priced Dwelling
509 Units (MPDUs) on a site within a metro station policy area or where
510 the Planning Board finds that there is adequate recreation and open
511 space within a ½ mile radius of the subject site.
512 c) The amenity space requirement may be reduced by ½ for Workforce
513 Housing Units (WFHUs) located within a metro station policy area or
514 if the minimum public open space requirement is satisfied on site.

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515 d) The provision of residential amenity space may be counted towards

516 meeting the required recreation calculations under the M-NCPPC
517 Recreation Guidelines, as amended.
518 59-C-15.8. Special Regulations for the Optional Method of Development
519 59-C-15.81. Incentive Density Provisions.
520 This section establishes incentives for optional method projects to provide
521 public benefits in return for increases in density and height above the
522 standard method maximums, consistent with the applicable master or sector
523 plan, up to the maximum permitted by the zone.
524 a) The incentive density approved for each proposed public benefit is
525 calculated as a percentage of the total incentive density, which is the
526 incremental difference between the standard method maximum FAR
527 (0.5) and the proposed project FAR up to the maximum FAR allowed
528 by the zone.
529 b) Public benefits must be provided that enhance or contribute to the
530 environmental, economic, and social sustainability of a project and its
531 environs in at lease 2 of the following major categories:
532 1) transit proximity for residents, workers, and patrons;
533 2) connectivity between uses and activities and mobility options
534 3) diversity of uses and activities;
535 4) quality of building and site design; and
536 5) protection and enhancement of the natural environment.
537 Sections 59-C-15.82 through 59-C-15.86 elaborate the types of public
538 benefits that may be accepted in each of these categories.
539 c) The number of major categories listed in subsection b) within which
540 public benefits must be selected varies as follows :

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541

Transit Level 1 Transit Level 2 Transit Level 3 Transit

Proximity (Number of Major Categories)
Adjacent or 2 3 4
confronting
Within ¼ 3 4 4
mile
¼ mile or 4 4 4
further
542

543 [[b)]] d) The minimum and maximum incentive density percentage

544 increases for each public benefit are established in Section 59-C-
545 15.81(f).
546 [[c)]] e) The Planning Board may accept, reject, or modify a proposed
547 incentive density or modify the requested percentage above the
548 minimum of incentive density established up to the maximum
549 established. Except for those benefits with specific maximum
550 standards, in approving incentive densities above the minimum, the
551 Planning Board must consider:
552 1) the size and configuration of the parcel;
553 2) the policy objectives and priorities of the applicable master or
554 sector plan;
555 3) the applicable design guidelines;
556 4) the relationship of the site to adjacent properties;
557 5) the presence or lack of similar benefits nearby; and
558 6) quantitative and qualitative enhancements provided exceeding
559 the delineated minimum incentive density standards.

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560 [[d)]]f) [[Public benefits that apply to 1 building in a multi-building

561 project must be weighted proportionally to the density of the
562 applicable building compared to the total density of the project.]]
563 Incentive density is calculated in one of two ways:
564 1) Method 1. The incentive density for public benefits that are
565 primarily related to buildings or building sites, such as LEED
566 rating, floor-plate size, through-block connection, or rainwater
567 recharge, may be distributed among one or more buildings or
568 sites within the tract included in a sketch plan application and
569 is based on the difference between the maximum standard
570 method density on the entire tract and the approved density of
571 the entire project as included in the sketch plan.
572 Example: If a project composed of three buildings in a CR 4.0
573 zone (regardless of use mix or height) proposes an FAR of 3.5
574 among the various buildings, the incentive density approved
575 for additional public open space is based on the difference
576 between 3.5 FAR and 0.5 FAR (the assumed standard method
577 maximum), or 3.0 FAR. Further, if the public open space is
578 awarded a 20% incentive, the resulting allowed incentive
579 density applied to the project would be 0.6 FAR.
580 2) Method 2. The incentive density for a public facility, such as a
581 community center or land conveyed for a school or park, that is
582 conveyed and/or built as part of a project may be distributed
583 among one or more buildings or building sites within the tract
584 area included in a sketch plan application and is based on the

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585 difference between the maximum standard method density on

586 the entire tract and the maximum allowed density of the zone.
587 Example: If a project in a CR 6.0 zone (regardless of use mix
588 or height) proposes any FAR at or below 6.0 among various
589 buildings and/or sites, the incentive density approved for the
590 construction of a community recreation facility is based on the
591 difference between 6.0 FAR and 0.5 FAR (the standard method
592 maximum), or 5.5 FAR. Further, if the community recreation
593 facility is awarded a 30% incentive, the resulting incentive
594 density applied to the project would be 1.65 FAR.
595 3) The height of any individual building must not exceed the
596 maximum height of the zone and must be consistent with the
597 recommendations of the applicable master or sector plan.
598 [[e)]] g) [[In addition to the public benefits set forth below, an
599 applicant may propose other public benefits that will further the goals
600 and objectives of the applicable master or sector plan for the purpose
601 of obtaining an incentive density increase.]] If the Planning Board
602 finds that a public benefit was not included in this subsection and
603 that the public benefit would make a project more efficient and
604 desirable than could be accomplished by the use of the standard
605 method of development, then the Planning Board may adopt
606 guidelines to allow a maximum of 30 percent incentive density for
607 any single new public benefit. Any such guidelines would be in
608 addition to any standards, requirements, or rules of incentive density
609 calculation included in this subsection.
610

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611 [[f) The Planning Board may grant no more than 30 percent of the total
612 incentive density for a project for the connectivity, design, diversity,
613 or environment incentive categories under (h) below or any public
614 benefit approved under (e) above.]]

615 Example: A development in a CR zone with a maximum FAR of 5.5 would base all public
616 benefit calculations on the incentive density of 5.0 FAR (5.5-0.5). Thus, being on a site
617 adjacent to a metro station would yield an automatic incentive density of 2.5 FAR (5.0 x 0.50),
618 and full density would be allowed by providing public benefits equal to an additional 50 percent.
619 [[g) Provision for inspections, maintenance, and enforcement of public
620 benefits provided in return for incentive density must be established
621 in a Site Plan Enforcement Agreement approved by the Department of
622 Permitting Services and by resolution of the Planning Board before
623 the certification of a site plan.]]
h) Table of density incentives: Incentive Zoning Table
Public Benefit Percent of Incentive Density
Minimum Maximum Section Density
Reference Calulation
method
Transit Proximity See section reference 15.82 1
Connectivity & Mobility
Community 10 20 15.831 1
Connectivity
Community Garden 5 10 15.832 1
Parking at the 10 20 15.833 1
Minimum
Pedestrian Through- 5 10 15.834 1
Block Connection
Public Parking 20 30 15.835 2
Transit Access 10 20 15.836 1
Improvement
Diversity
Adaptive Buildings 15 30 15.841 1
Affordable Housing: See section reference 15.842 1
MPDUs
Affordable Housing: See section reference 1
WFHUs

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Care Center 10 20 15.843 2

Community Facility [[10]] 20 [[20]] 80 15.844 2
[[Local Retail 10 20 15.845 1
Preservation]]
Small Business
retention
Unit Mix and Size 5 10 15.846 1
Public Facility Site 20 80 15.847 2
Design
Floor Plate Size 10 20 15.851 1
Historic Resource 10 20 15.852 1
Protection
Parking Below Grade 10 20 15.853 1
Podium/Tower 5 10 15.854 1
Setback
Public Art 10 20 15.855 1
Public Plaza/Open 5 10 15.856 1
Space
Streetscape, Off-Site 5 10 15.857 1
Exceptional Design 10 20 15.858 1
Environment
Bio-retention and 5 10 15.861 1
Stormwater Recharge
Conveyed Parkland 10 20 15.862 1
Dark Skies 5 10 15.863 1
Energy Efficiency and 10 20 15.864 1
Generation
Green Wall 5 10 15.865 1
LEED Rating 10 30 15.866 1
Rainwater Reuse 5 10 15.867 1
Transferable 10 30 15.868
Development Rights
Tree Canopy 10 20 15.869 1
Vegetated Area 5 10 15.8610 1
Vegetated Roof 10 20 15.8611 1
624 59-C-15.82. Transit Proximity Incentives.
625 [[A project on a site near transit encourages greater transit use and reduces
626 vehicle miles traveled, congestion, and carbon emissions. The additional
627 percent of incentive density automatically allowed is as follows:
Transit Proximity Level 1 Transit Level 2 Transit

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Adjacent or confronting 50% 25%

Within ¼ mile 40% 20%
Between ¼ and ½ mile 30% 15%
Between ½ and 1 mile 20% 10%
628 ]]
629 In order to encourage greater use of transit, control sprawl, and reduce
630 vehicle miles traveled, congestion, and carbon emissions, the Planning Board must
631 approve incentive density for transit proximity under this section. The percentage
632 of incentive density awarded to a project for transit proximity is calculated
633 according to Method 1 as follows:
Transit Proximity Level 1 Level 2 Level 3
Adjacent or 50% 25% 15%
confronting
Within ¼ mile 40% 20% 10%
Between ¼ and ½ 30% 15% 5%
mile
Between ½ and 1 20% 10% 0%
mile
634

635 59-C-15.83. Connectivity and Mobility Incentives.

636 A project that enhances connectivity and mobility encourages pedestrian
637 and other non-auto travel for short and multi-purpose trips as well as for
638 commuting. Such a project facilitates social interaction, provides
639 opportunities for healthier living, and stimulates local businesses.
640 59-C-15.831. Community Connectivity.

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641 a) The minimum incentive density increase for a building that enhances
642 community connectivity by locating near existing retail uses or
643 provides retail uses, requires that:
644 1) at least 10 different existing or proposed retail uses with direct
645 pedestrian access are within 1/2 mile; and
646 2) at least 35 percent of those uses have a maximum floor area of
647 5,000 square feet and that any newly provided retail uses
648 remain at or below that area for a period of at least 4 years after
649 the initial use-and-occupancy permit is issued for that use.
650 b) The maximum increase requires additional benefits, such as a large
651 diversity of retail uses, a greater number of retail shops, provision of
652 services associated with live-work units, or that the required number
653 of retail uses are within ¼ mile.
654 59-C-15.832 Community Garden.
655 A community garden allows any resident to grow their own produce, reduce
656 reliance on automobiles, increase water and air quality, and interact with
657 other residents.
658 a) The minimum incentive density increase requires that the garden:
659 1) is located on the subject site or within 500 feet of the subject
660 site;
661 2) provides all garden spaces with at least 12 inches of soil depth
662 and access to water; and
663 3) provides community garden space at a rate equivalent to 1
664 space per 20 dwelling units. Each space must be at least 16
665 square feet. At least 1 out of each 10 spaces must be accessible
666 under ADA standards.

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667 b) The maximum increase requires additional features such as a

668 composting facility, additional garden space, seating areas, doubling
669 as a green roof, or additional accessible garden plots.
670 59-C-15.833. Parking at the Minimum.
671 a) The minimum incentive density increase requires that sites of 1 acre
672 or more provide on-site only the minimum required number of
673 parking spaces.
674 b) The maximum increase requires that sites of less than 1 acre provide
675 on-site only the minimum required number of parking spaces.
676 59-C-15.834. Pedestrian Through-Block Connections.
677 A through-block connection enhances pedestrian mobility and helps to
678 create a variety of open spaces, particularly on larger blocks.
679 a) The minimum incentive density increase for a pedestrian through-
680 block connection requires that:
681 1) the pedestrian connection must provide direct access between
682 streets;
683 2) the pedestrian connection must be at least 15 feet in width;
684 3) at least 35 percent of the walls facing the interior pedestrian
685 connection below a height of 8 feet must have clear,
686 unobstructed windows, unless the Planning Board finds that an
687 alternative design is at least equally safe;
688 4) the pedestrian connection must be open to the public between
689 sunrise and sunset and, where it leads to a transit facility or
690 publicly-accessible parking facility within ½ mile, for the hours
691 of operation of the transit and/or parking facility; and

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692 5) retail uses fronting both a pedestrian connection and a street

693 must maintain operable doors from both unless not required by
694 the Planning Board during site plan review due to exceptional
695 site circumstances.
696 b) The maximum increase requires additional benefits such as:
697 1) direct connection to parks;
698 2) transit facilities;
699 3) public buildings;
700 4) pedestrian connection with accessible retail uses along a
701 majority of its length;
702 5) connections increased in width; or
703 6) public artworks integrated into the walk.
704 59-C-15.835. Public Parking.
705 a) The minimum increase requires providing on-site the difference
706 between the minimum number of required parking spaces and the
707 maximum number of allowed parking spaces as publicly accessible
708 spaces for free or at a market rate.
709 b) The maximum increase requires providing public parking spaces, as
710 required above, in combination with additional improvements, such
711 as constructing those spaces underground or in a structure.
712 59-C-15.836. Transit Access Improvement.
713 a) The minimum incentive density increase for transit access
714 improvements requires that the improvements:
715 1) are located within 1/2 mile of the proposed development site
716 or, in the case of mobile transit improvements such as a bus

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717 shuttle, provide regular access for passengers within 1/2 mile;
718 and
719 2) are built to ADA accessibility standards as amended.
720 b) The maximum increase requires additional benefits such as closer
721 access, new access easements, connecting walkways, mezzanines,
722 seating areas, structures for wind/rain protection, or concourse areas.
723 59-C-15.84. Diversity Incentives.
724 59-C-15.841. Adaptive Buildings.
725 An adaptive building can adjust to a diversity of uses over time, which
726 makes the building more accommodating of mixed uses, more sustainable,
727 and more embedded in the pattern of a community.
728 a) The minimum incentive density increase for an adaptive building
729 requires that:
730 1) the floor to floor dimension must be at least 15 feet for all
731 floors; and
732 2) the internal floor plan is based on a structural system allowing
733 flexibility of volumes divisible from 1 open floor plate to any
734 number of parceled volumes.
735 b) The maximum increase requires additional benefits such as that:
736 1) the structural system has additive capacity for any available
737 density and height that is not used by the building without
738 demolition of the structure; or
739 2) the internal layout is built to allow changes between residential,
740 retail, and office uses by minor modifications.
741 59-C-15.842. Affordable Housing.

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742 a) All residential development must comply with the requirements of

743 [[Chapters]]Chapter 25A [[and 25B]] for the provision of Moderately
744 Priced Dwelling Units (MPDUs) and may statisfy Chapter 25B for the
745 provision of Workforce Housing Units (WFHUs).
746 b) Provision of MPDUs above the minimum required grants an incentive
747 density increase, providing the following standards are met:
748 1) the increase in density is calculated on the incentive density as
749 required by Chapter 25A;
750 2) the MPDUs must be reasonably distributed throughout the
751 project; and
752 3) any dwelling units built under this section must be controlled
753 under the MDPU or WFHU provisions for a minimum period
754 of 99 years.
755 Example: Provision of 14.5 percent MPDUs achieves an incentive density increase of 20 percent
756 (25-A-5(c)(3)). In the case of a CR4.5, that would equal 0.20 x 4.0 (the incentive density), which
757 is 0.8 FAR.
758 c) Provision of WFHUs grants an incentive density increase at the
759 following rate: 2 times the percentage of units provided as WFHUs
760 up to 30 percent.
761 Example: Provision of 5 percent WFHUs achieves an incentive density increase of 10 percent;
762 provision of 12 percent WFHUs achieves an incentive density increase of 24 percent.
763 59-C-15.843. Care Center.
764 a) The minimum incentive density increase for a center for daytime
765 adult or child care requires a facility for at least 12 users and the
766 general public must have the opportunity to comprise at least 25
767 percent of the users.
768 b) The maximum increase requires additional benefits such as providing
769 for additional users, a safe drop-off area, an increase in users from the

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770 general public, and recreation facilities provided above those required
771 by law.
772 59-C-15.844. Community Facility.
773 a) The minimum incentive density increase for a community facility that
774 helps meet the needs of residents and workers requires that the
775 community facility:
776 1) is recommended in the applicable master plan or sector plan;
777 [[and]]
778 2) is accepted for operation and use by an appropriate public
779 agency, community association, or nonprofit organization; and
780 3) is large enough for at least 50 users.
781 b) The maximum increase requires space large enough for 200 users and
782 further benefits, such as an entrance to the facility directly on the
783 street, location of the building within 10 feet of a public sidewalk,
784 associated outdoor open space, or integration into an area with a
785 residential FAR of at least 2.0 (or at least 30 dwelling units per acre).
786 59-C-15.845. [[Local Retail Preservation.
787 Preservation of locally-owned small businesses on site is eligible for
788 incentive density as follows:
789 a) preservation of up to 2 small businesses: 10 percent; and
790 b) preservation of 3 or more small businesses: 20 percent.
791 Exact terms of lease requirements and rental agreements must be established
792 by the site plan enforcement agreement.]] Small Business Retention
793 a) The minimum incentive density increase for providing small retail
794 space is eligible for incentive density requires at least 30 percent of
795 the street level floor space must be made available, for at least 6 years

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796 from the completion of the project, for use by businesses that each use
797 less than 3,000 square feet of gross floor space and restaurants that
798 each use less than 5,000 square feet of gross floor space.
799 b) The maximum incentive density requires that at least 50 percent of
800 the street level floor space satisfies section a) and at least 50 percent
801 of the street level exterior wall area, fronting on sidewalks, plazas, or
802 other public open spaces, must contain windows and apertures.
803 59-C-15.846. Unit Mix and Size.
804 a) The minimum incentive density increase for creating residential
805 buildings with a minimum mix of dwelling unit types (calculated by
806 rounding to the next higher whole number) requires provision of at
807 least:
808 1) 7.5 percent as efficiency dwelling units;
809 2) 8 percent as one-bedroom dwelling units;
810 3) 8 percent as two-bedroom dwelling units; and
811 4) 5 percent as three-bedroom dwelling units.
812 b) The maximum increase requires provision of at least (calculated by
813 rounding to the next higher whole number):
814 1) 10 percent as efficiency dwelling units;
815 2) 10 percent as one-bedroom units;
816 3) 10 percent as two-bedroom units; and
817 4) 7.5 percent as three-bedroom units.
818 59-C-15.847. Public Facility Site.
819 a) The minimum incentive density increase for a public facility site
820 requires:
821 1) a recommendation in the applicable master plan or sector plan;

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822 2) the site is accepted for operation and use by an appropriate

823 public agency; and
824 3) the dedication of at least 5 acres of land within the sketch plan
825 area to the appropriate public agency excluding public rights–
826 of-ways.
827 b) The maximum incentive density increase requires the dedication of at
828 least 20 acres.
829 59-C-15.85. Design Incentives.
830 59-C-15.851. Floor Plate Size.
831 a) The minimum incentive density increase for the provision of floor
832 plate restrictions requires that:
833 1) the floor area of any floor above a height of 120 feet does not
834 exceed 10,000 square feet for residential uses or 19,000 square
835 feet for non-residential uses, or 12,000 square feet for mixed-
836 uses (if not more than 60 percent of a mixed-use floor is used
837 for any single use); and
838 2) the exterior of the building facing any street or public open
839 space has at least 60 percent glass on the floors with the
840 reduced floor plate.
841 b) The maximum increase requires additional benefits, such as providing
842 the reduced floor plates in conjunction with the Exceptional Design
843 factor, providing smaller floor plates, combining this incentive with
844 the tower setback, providing a larger percentage of glass, or
845 integrating sustainable technologies into the architecture.
846 59-C-15.852. Historic Resource Protection.

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847 a) The minimum incentive density increase for the preservation of a

848 historic resource designated in the Master Plan for Historic
849 Preservation requires that a preservation strategy for the resource is
850 approved by the Planning Board as part of the site plan enforcement
851 agreement and that a historic area work permit is issued by the
852 Historic Preservation Commission.
853 b) The maximum increase requires that other benefits are provided, such
854 as interpretive signs/exhibits, integration and construction of context-
855 appropriate landscapes and settings, or protection of important
856 viewsheds.
857 59-C-15.853. Parking Below Grade.
858 a) The minimum incentive density increase requires that sites of 1 acre
859 or more provide all on-site parking spaces below the average grade of
860 the primary street frontage.
861 b) The maximum increase requires that sites of less than 1 acre provide
862 all on-site parking spaces below the average grade of the primary
863 street frontage.
864 59-C-15.854. Podium/Tower Setback.
865 a) The minimum incentive density increase for the provision of a tower
866 setback requires that the tower must be set back from the first floor
867 building frontage at or below 72 feet and the setback must be at least
868 6 feet.
869 b) The maximum increase requires that the tower setback be at or below
870 50 feet and that the setback be at least 12 feet.
871 59-C-15.855. Public Art.

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872 Public art is considered a public benefit because it enhances the quality of
873 place and creates a sense of identity in a community.
874 a) The minimum incentive density increase for public art requires that it:
875 1) enhances the general or specific cultural objectives of the
876 applicable master or sector plan; and
877 2) is approved by the Public Arts Trust Steering Committee.
878 b) The maximum increase requires that, in addition to the above
879 requirements, the artwork fulfill at least 5 of the following goals as
880 determined by the Public Arts Trust Steering Committee:
881 1) achieve aesthetic excellence;
882 2) ensure an appropriate interaction between the art and the
883 architectural setting in terms of scale, materials, and context;
884 3) ensure public access and invite public participation;
885 4) encourage collaboration between the artist(s) and other project
886 designers early in the design phases;
887 5) ensure long-term durability of permanent works through
888 material selection or a documented maintenance program;
889 6) encourage a rich variety of arts including permanent, temporary
890 (revolving), and event programming;
891 7) increase public understanding and enjoyment of art through
892 interpretive information and/or programmed events; and
893 8) achieve a collection of commissioned art that is unique and
894 contributes in a positive way to the identity of the community.
895 c) A fee instead of public art may be accepted for incentive density as
896 follows:

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897 1) the minimum fee is calculated on 1 percent of the

898 development’s projected cost;
899 2) the fee is paid to the Public Arts Trust Steering Committee;
900 3) the fee is used for installation, management, and maintenance
901 of public art at the discretion of the Public Arts Trust Steering
902 Committee, with preference given to the policy area where the
903 proposed development is located; and
904 4) the incentive density is equal to a 5 percent increase for every 1
905 percent of projected development cost paid to the Public Arts
906 Trust, up to 20 percent.
907 59-C-15.856. Public Plaza/Open Space.
908 Plazas are important public amenities and create interesting spaces and
909 active gathering areas.
910 a) The minimum incentive density increase for any plaza requires that:
911 1) the plaza is directly accessible to a street;
912 2) the plaza must be open to the public at least between sunrise
913 and sunset;
914 3) no proposed loading or parking facilities should be visible
915 below a height of the fourth floor; and
916 4) the plaza must be in addition to any public use space required
917 by the development standards or other minimum open space
918 requirement of this Division.
919 b) The maximum increase requires that the above requirements are met,
920 in addition to the following:
921 1) the plaza’s width must be at least 50 feet;

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922 2) where the plaza is provided as part of a redevelopment,

923 buildings facing the plaza must be designed so that:
924 A) the walls of any non-residential floor area facing the
925 plaza must have windows on at least 60 percent of the
926 façade below a height of 40 feet; and
927 B) the main entry to any dwelling units is from a wall facing
928 the plaza; and
929 3) the plaza should contain seating, trash receptacles, landscaping,
930 and other amenities such as water features, kiosks, and passive
931 recreation areas.
932 59-C-15.857. Streetscape, Off-Site.
933 Streetscape improvements enhance the pedestrian experience and better
934 connect buildings to the public spaces.
935 a) The minimum incentive density increase for streetscape
936 improvements requires that the following criteria are met:
937 1) the improvements must be located within 1/2 mile of the
938 subject site; and
939 2) the improvements are equal to 18 percent of the net lot.
940 b) The maximum increase requires that the improvements be equal to at
941 least 36 percent of the net lot area.
942 59-C-15.858. Exceptional Design.
943 The minimum incentive density increase for high-quality site and
944 architectural design requires that at least 3 of the following criteria are met;
945 the maximum density increase requires that at least 5 of the following
946 criteria are met:

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947 a) provides innovative solutions in response to the architectural context

948 and surrounding landscape, for example, by rotating floor plates for
949 views or reconciling offset street-walls;
950 b) creates a sense of place that will serve as a landmark in the
951 community, for example, by creating a distinguishing element that is
952 visible from an important view or at a gateway to an area;
953 c) enhances the public realm in a distinct and original manner, for
954 example, by using existing materials and forms in new ways to
955 provide continuity and contrast;
956 d) adds to the diversity of the built realm within the community, for
957 example, by introducing new materials, building methods, or design
958 styles;
959 e) uses design solutions to make compact/infill living, working, and
960 shopping environments pleasurable and desirable, for example, by
961 retrofitting surface parking lots and single-use retail malls or creating
962 multi-use, pedestrian-dominated realms in previous auto-oriented
963 areas; and
964 f) integrates environmentally sustainable solutions, for example, by
965 using stormwater management facilities that incorporate best
966 management practices in an apparent and observable way or
967 integrating passive solar features into the visible structure of a
968 building or site.
969 59-C-15.86. Environment Incentives.
970 59-C-15.861. Bio-retention and Stormwater Recharge.
971 a) The minimum incentive density increase for the use of bio-retention
972 and recharge facilities requires that at least 25 percent of projected

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973 stormwater outfall for a 10-year event be contained and recharged on

974 site or within ¼ mile of the site.
975 b) The maximum increase requires that at least 50 percent of projected
976 stormwater for a 10-year event be contained and recharged.
977 59-C-15.862. Conveyed Parkland.
978 a) The minimum incentive density increase for land conveyed to the M-
979 NCPPC for inclusion in or provision of parkland, trail area, or other
980 master-planned Parks’ use requires conveyance of at least of 15
981 percent of the gross lot area.
982 b) The maximum increase requires conveyance of at least 30 percent of
983 the gross lot area.
984 59-C-15.863. Dark Skies.
985 a) The minimum incentive density increase for dark skies-compliant
986 projects requires that they be built and maintained in conformance
987 with the standards established by the International Dark-Sky
988 Association as amended.
989 b) The maximum increase requires that the exterior lighting plan be
990 integrated into an energy efficiency plan for the entire project
991 submitted and approved by the Planning Board with a site plan
992 application.
993 59-C-15.864. Energy Efficiency and Generation.
994 a) The minimum density incentive increase for the use of on-site
995 renewable energy generation requires that buildings must meet the
996 minimum energy efficiency standards of 17.5 percent for new
997 buildings, 10.5 percent for existing buildings, or generate at least 1.5
998 percent of their energy on-site.

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999 b) The maximum increase requires additional benefits such as greater

1000 energy efficiency and the generation of at least 2.5 percent of energy
1001 on-site.
1002 59-C-15.865. Green Walls
1003 a) The minimum incentive density increase for a green wall requires that
1004 it:
1005 1) must be designed, installed, and maintained to cover at least 30
1006 percent of the area of a blank wall or parking garage facing a
1007 street or plaza; and
1008 2) must be found to add to the aesthetic quality and environmental
1009 sustainability of the project.
1010 b) The maximum increase requires additional benefits such as a greater
1011 percent of coverage, southern or western exposure, the use of plants
1012 with varying flowering seasons, or integration into an overall energy
1013 or environmental site design program.
1014 59-C-15.866. LEED Rating.
1015 A LEED-rated building or equivalent rating system approved under Chapter
1016 8 Article VII is eligible for an incentive density increase if it meets any
1017 continuing requirements necessary to maintain that status.
1018 (http://www.usgbc.org/Default.aspx) The amount of incentive density
1019 increase is equal to the following:
1020 a) LEED Silver: 10 percent
1021 b) LEED Gold: 20 percent
1022 c) LEED Platinum: 30 percent
1023 59-C-15.867. Rainwater Reuse.

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1024 a) The minimum incentive density increase for the collection of

1025 rainwater for on-site irrigation, grey-water use, or filtration for re-use
1026 requires that a minimum of 25 percent of projected rainwater for a 10-
1027 year event be collected and used on-site or within ¼ mile of the site.
1028 b) The maximum increase requires that at least 50 percent of projected
1029 rainwater for a 10-year event be collected and used.
1030 59-C-15.868. Transferable Development Rights.
1031 The incentive density increase for the purchase of transferable development
1032 rights (TDRs) must meet the following:
1033 a) the purchase must be executed and recorded before approval of a
1034 record plat;
1035 b) the use of this incentive must be for development on land
1036 recommended as a TDR receiving area in the appropriate master or
1037 sector plan;
1038 c) TDRs must be purchased in increments of 10; and
1039 d) the incentive density increase is equal to 10 percent for every 10
1040 TDRs purchased, up to 30 percent.
1041 59-C-15. 869. Tree Canopy.
1042 a) The minimum incentive density increase for the provision of tree
1043 canopy requires coverage of at least 25 percent of the on-site open
1044 space at 15 years growth.
1045 b) The maximum increase requires coverage of at least 50 percent of the
1046 on-site open space at 15 years growth.
1047 59-C-15.8610. Vegetated Area.
1048 a) The minimum incentive density increase for a vegetated area requires
1049 that the following criteria are met:

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1050 1) the area must be in addition to any required on-site open space
1051 or any vegetated roof incentive;
1052 2) the area must replace at least 5,000 square feet of impervious
1053 area;
1054 3) the area provides at least 12 inches of soil depth; and
1055 4) the area is planted with well-maintained vegetation.
1056 b) The maximum increase requires additional benefits, such as larger
1057 area or greater soil depth.
1058 59-C-15.8611. Vegetated Roof.
1059 a) The minimum incentive density increase for a vegetated roof requires
1060 that the:
1061 1) vegetated roof must cover at least 33 percent of the roof of the
1062 building, excluding any space occupied by mechanical
1063 equipment; and
1064 2) soil or media depth must be at least 4 inches.
1065 b) The maximum increase requires coverage of at least 60 percent of the
1066 roof area.
1067 59-C-15.87. Special Regulations for Purchase of Building Lot
1068 Termination (BLT) Development Rights.
1069 a) A development under the Optional Method must purchase building
1070 lot termination (BLT) easements under Chapter 2B, or a contribution
1071 must be made to the Agricultural Land Preservation Fund under
1072 Chapter 2B equal to 12.5 percent of the incentive density floor area
1073 using the following formula:

1074 1) one BLT easement is required for each 9,000 square feet of
1075 residential floor area;

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1076 2) one BLT easement is required for every 7,500 square feet of
1077 non-residential floor area.
1078 b) When a BLT easement cannot be purchased or the amount of floor
1079 area attributed to a building lot termination easement is a fraction of
1080 the floor area equivalent, payment must be made to the Agricultural
1081 Land Preservation Fund according to the rate set annually by
1082 executive regulation.
1083 59-C-15.9. Existing Approvals.
1084 a) A lawfully existing building or structure and the uses therein, which
1085 predates the applicable sectional map amendment, is a conforming structure
1086 or use, and may be continued, renovated, reconstructed to the same size and
1087 configuration, or enlarged up to 10 percent above the existing floor areas or
1088 30,000 square feet, whichever is less, and does not require a site plan. A
1089 larger addition requires compliance with the full provisions of this Division.
1090 b) A project that received an approved development plan under Division 59-D-
1091 1 or schematic development plan under Division 59-H-2 before the
1092 enactment of the CR zones may proceed under the binding elements of the
1093 development plan and will thereafter be treated as a lawfully existing
1094 building and may be renovated or reconstructed under Subsection (a) above.
1095 Such projects may be amended as allowed under Division 59-D-1 or 59-H-
1096 2, under the provisions of the previous zone; however, any increase in the
1097 total floor area or building height beyond that allowed by Subsection (a)
1098 above requires full compliance with the full provisions of this Division. If a
1099 site plan is required for a modification and the entire project has an
1100 approved site plan, only the area of disturbance due to the modification is
1101 subject to a new site plan.

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1102 c) A project which has had a preliminary or site plan approved before the
1103 applicable sectional map amendment may be built or altered at any time,
1104 subject to either the full provisions of the previous zone or this division, at
1105 the option of the owner. If built under the previous approval, it will be
1106 treated as a lawfully existing building and may be renovated or
1107 reconstructed under Subsection (a) above. If built with an incremental
1108 increase over the previous approval, only that incremental increase must
1109 comply with the provisions of this Division.
1110

1111 Sec. 2. Effective date. This ordinance becomes effective 20 days after the date of
1112 Council adoption.
1113
1114 This is a correct copy of Council action.
1115

1116 ________________________________
1117 Linda M. Lauer, Clerk of the Council

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