Ordinance No: 17-09

Zoning Text Amendment No: 11-01

Concerning: Commercial/Residential
zones Neighborhood
and Town zones
Draft No. & Date: 9 10/11/11
Introduced: April 12, 2011
Public Hearing: May 17, 2011
Adopted: October 11,2011
Effective: October 31, 2011
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: Council President Ervin at Request of the Planning Board
AN AMENDMENT to the Montgomery County Zoning Ordinance to:
establish the CommerciallResidential Neighborhood (CRN) and CommerciaVResidential
Town ( CRT) zones; and
generally amend the CommerciallResidential zones.
By amending the following Division to the Montgomery County Zoning Ordinance, Chapter
59 ofthe Montgomery County Code:
DIVISION 59-C-15 "COMMERCIALIRESIDENTIAL [(CR)] ZONES"
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
Zoning Text Amendment No. 11-01 was introduced on April 12, 2011 by Council President
Ervin, at the request of the Planning Board.
The initial Planning Board Draft Kensington Sector Plan proposed using CR zones to implement
the Plan. The Planning, Housing, and Economic Development Committee did not believe that
CR zones were appropriate because of the burdens it placed on development. The Committee
asked the Planning Board to develop zones more appropriate for Kensington, Takoma/Langley,
and Wheaton. The Planning Board responded with a request to introduce ZT A 11-01 on March
11,2011. In the Planning Board's opinion, ZTA 11-01 has 3 functions:
(1) establish new Commercial/Residential Neighborhood (CRN) zones;
(2) establish new Commercial/Residential Town (CRT) zones; and
(3) enact various amendments to the Commercial/Residential (CR) zones, some related to
integrating the new CRN and CRT zones, and some representing improvements and
clarifications resulting from experience with the CR zones since their adoption.
The Commercial/Residential Neighborhood (CRN) and Commercial/Residential Town (CRT)
zones were developed for areas where there are smaller properties, lower densities, and more
challenging economic conditions. The new zones are structured like the current CR zones; the
total floor area ratio (FAR), the residential FAR, the non-residential FAR, and the maximum
building height are identified with each zone. One zoning series is needed for areas where
existing commercial zones are located next to single-family residential neighborhoods. Another
zoning series is needed for areas where requiring too many public benefits might impede
redevelopment. The allowed land uses and development standards vary with each zone. The
CRN zones would have the most limited land uses of the 3 commercial/residential zones.
Optional method development would not be allowed in CRN zones.
The Montgomery County Planning Board, in its letter to the Council dated May 13, 2011,
recommended that the text amendment be approved with amendments to the provisions for
parking requirements in the CRN and CRT zones, sketch plan amendments during the site plan
approval process, and the definition of transit proximity. The Board's recommendations were
based on testimony from its hearing and its deliberations thereafter.
The County Council held a public hearing on May 17, 2011 to receive testimony concerning the
proposed text amendment. The text amendment was referred to the Planning, Housing, and
Economic Development Committee for review and recommendation.
The PHED Committee took a hard look at the Planning Board's recommendations. It
recommended strengthening the role of master plans; maintaining the current role of design
guidelines; clarifying the sketch plan process as recommended by the Planning Board; amending
the parking provisions as recommended by the Planning Board; protecting neighborhoods by
limiting land uses in CRN zones; increased incentives for MPDUs above the minimum required;
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adding a provision for retaining existing buildings; and allowing a shorter list of public benefits
for projects zoned CR or CRT after the approval ofZTA 11-01.
The shorter list of public benefits deleted environmental and some design provisions and
amended transit-related public benefits. A majority of the Committee believed that much of the
deleted public benefits could be required elements of a development for which additional density
should not be granted. A majority of the Committee also believed that a reduced list of public
benefits would focus on more important benefits, such as affordable housing. The detailed
recommendation of the Committee is identified in the staff memorandum to the Council for its
October 4,2011. This opinion incorporates that memorandum by reference.
On September 19, 2011, the Committee recommended the approval of ZTA 11-01, with
amendments identified in the October 4, 2011 staff memorandum to the Council. The
Committee's recommendation was developed after the Committee held previous worksessions
on June 13, June 22, June 23, June 27, June 30, July 11, July 14, and July 18,2011.
The District Council reviewed Zoning Text Amendment No.11-0 1 at worksessions held on
September 27, October 4, and October 11, 2011. After a review of the Committee's
recommendations and deliberations on the testimony received, the Council agreed with most of
the recommendations of the Planning, Housing, and Economic Development Committee;
however, the Council did not agree with the Committee's recommendations concerning the
definition of transit proximity and the list of public benefits. The Council agreed with
Councilmember Floreen's substitute amendment to accomplish that objective.
The Council agreed with the Planning Board's May 13,2011 recommendation for the definition
of transit proximity and the treatment of development that satisfies the definition. The Council
believed that it is in the public interest to make it easier to develop nearest transit than to develop
further from transit. A recommendation to delete the benefits for a project located between 1;2
mile and 1 mile from transit was not approved. .
The Council agreed with the Committee's recommendations for increased public benefit points
for affordable housing and new public benefits for retaining existing buildings, but added the 5
new public benefits recommended by the Planning Board:
1) way-finding signage;
2) live/work units;
3) architectural elevations;
4) habitat preservation/restoration; and
5) cool roofs.
In the Council's opinion, the increased list of benefits added the flexibility needed in softer
markets. It also avoided the need to have one set of public benefit rules in White Flint and the
Shady Grove Science Corridor and a different set of rule outside of those areas. On October 4
and October 11, 2011, the Council made 9 changes to the ZTA as amended by Councilmember
Floreen. The Council:
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1) allowed teen centers as a public benefit and defined teen centers;
2) allowed "clinics" as a "limited" use in CRN zones;
3) allowed public benefit points for neighborhood services, only if the applicant is providing
small retail space in an area where retail choices do not exist, with a grandfathering
provision for sketch plans approved before October 11, 2011;
4) allowed fewer public benefit points for small lots and properties zoned at lower density;
5) required that optional method projects substantially conform to Planning Board approved
design guidelines;
6) lowered the maximum total density, residential density, non-residentail density, and
height in CRN zones;
7) clarified the triggers for site plan review;
8) excluded land zoned residential or agricultural, but used for commercial, industrial, or
utility uses, from setback, density averaging, and land use protections;
9) allowed staff to make editorial changes.
The Council was particularly concerned that CRN zones may replace CT zones. CT zoning
sometimes has lower heights, lower density, and restrictive land uses enforced by binding
covenants. Expanding the allowable range of options will help the Council to implement master
plans. The Council approved master or sector plan would still guide the zone applied.
There are 3 provisions in ZTA 11-01 that protect one-family zoned and agriculturally zoned
properties. Projects may not average density in a manner that exceeds the density of the zone
abutting the protected zones. Projects that include limited land uses are required to get site plan
approval. Setbacks are specified. The Council wants to protect single-family communities and
farmland. The reason for protection no longer exists when the neighboring property is zoned for
residential or agricultural purposes but the land use is non-residential (commercial, industrial, or
utility use).
ZTA 11-01 as recommended by the Planning Board included 20 public benefit categories, with a
maximum number of public benefit points that could be awarded by the Planning Board. In
addition, the Planning Board recommended 14 public benefits that had a minimum number of
points designated but no maximum number of points. The Council determined that, to make the
appropriate delegation of authority, upper bounds for public benefit points were in order for all
public benefit categories.
The Council was also satisfied that ZTA 11-01 includes provisions to allow the Planning Board
to disapprove a project if the package of public benefits does not sufficiently conform to the
master plan and public needs created by the development. The Planning Board Chair agreed that
the ZT A will be administered using that discretion.
The Council did not change the applicability provisions as submitted by the Planning Board. The
Council wanted to retain the opportunity to apply the zones after a full examination in a master
plan, without being constrained by strict standards. The Council retained the provision that only
allowed the application of the CR, CRN, and CRT zones by the specific recommendation of a
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master plan. In doing so, the Council did not intend to prejudge if that provision might be
retained or amended when it considers a rewritten zoning ordinance.
For these reasons, and because to approve this amendment will assist in the coordinated,
comprehensive, adjusted and systematic development of the Maryland-Washington Regional
District located in Montgomery County, Zoning Text Amendment No. 11-01 will be approved as
amended.
ORDINANCE
The County Council for A1ontgomery County, Maryland, sitting as the District Council for that
portion ofthe Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
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Ordinance No.: 17-09
Sec. 1. Division 59-C-15 is amended as follows:
* * *
DIVISION 59-C-15. COMMERCIALIRESIDENTIAL [(CR)] ZONES
59-C-15.1. Zones established.
59-C-15.11. [The CommerciallResidential (CR) zones are established as
combinations of a sequence of 4 factors: maximum total floor area ratio (FAR),
maximum non-residential FAR, maximum residential FAR, and maximum
building height.]
Uti There are 3 commercial/residential classifications with variable uses,
density and height limits, general requirements, development standards, and
public benefit requirements to respond to different settings. These zone
classifications are:
ill CR Neighborhood (CRN);
ill CR Town (CRT); and
ill CR (CR).
Oil [These zones are identified by] Each CRN, CRT, or CR zone classification
is followed by a number and a sequence of 3 additional symbols: [CR,] C,
R, and H, each followed by a number where:
[(a)]ill the number following the [symbol "CR"-] CRN, CRT, or CR is
the maximum total FAR;
[(b)]ill the number following the [symbol] "C" is the maximum non
residential FAR;
[(c)]ill the number following the [symbol] "R" is the maximum
residential FAR; and
[(d)]@ the number following the [symbol] "H" is the maximum
building height in feet.
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Ordinance No.: 17-09
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(ill The CommerciallResidential zones must be applied on the zoning map that
will show, for each property classified:
ill the commercial/residential classification; and
ill the 4 standards (total, non-residential, and residential densities and
building height).
@ This Division uses examples and illustrations to demonstrate the intent of
the CR zones. [The] These examples [in this Division] and illustrations do
not add, delete, or modify any provision of this Division. [Examples are
provided only to demonstrate particular applications ofthe provisions in the
Division. Examples are not intended to limit the provisions.]
59-C-15.12. Density and height allocation.
59-C-15.121. Density and height limits.
W Each [[unique sequence of]] CRN, CRT, or CRH,]] classification and
unique sequence of C, R, and H is established as a zone under the following
limits:
Category
0.25 to 3.5
! 0.5 to 8.0 0.25 to 7.5
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45 @ Zones may be established and mapped at densities in increments of 0.25 and
46 heights in increments of 5 feet. within the ranges indicated in the table.
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48 Example: Under the provisions of Sections (a) and (b) above, the CRN zones may
49 establish maximum total densities ofO.25. 0.5, 0.75,1.0,1.25, or 1.5 FAR" and
50 maximum heights of25, 30. 35.40,45,50,55,60, or 65. The range of'densities
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Ordinance No.: 17-09
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and heights from which the various CRN zones can be established and mapped
provides guidance to the Planning Board's recommendation and to the Council
when [[appling]] applying a particular zone. Once the zone is approved on a
zoning map, it allows a [[developer]] property owner to build at any height and
density up to the maximum. For example, a property owner whose land is zoned
at CRN-1.0 C-0.5 R-1.0 H-45 could elect to build at a 1.0 FAR with a height of35
feet or 0.75 FAR and 42 feet.. or any other combination up to 1.0 FAR and 45 feet.
[(a) the maximum total FAR must be established as an increment of 0.25 from
0.5 up to 8.0;
(b) the maximum non-residential and residential FAR must be established as an
increment of 0.25 from 0.25 up to 7.5; and
(c) the maximum height must be established as an increment of 5 feet up to 100
feet and an increment of 10 feet from 100 feet up to 300 feet.]
[59-C-15.121 ]59-C-15.122. Density averaging.
Permitted density may be averaged over 2 or more directly abutting or confronting
lots or parcels in one or more CRN, CRT, or CR zones, provided that:
(a) the lots or parcels are subject to the same site plan or sketch plan: however.
if a sketch plan is required, density averaging must be shown on the sketch
plan;
(b) the lots or parcels are created by the same preliminary subdivision plan or
satisfy a phasing plan established by an approved sketch plan;
(c) the maximum total [density and][[.,.1] non-residential and residential density
limits apply to the entire development, not to individual lots or parcels;
(d) no building may exceed the maximum height set by the zone;
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Ordinance No.: 17-09
76 (e) [public benefits must be provided under the phasing element of an approved
77 sketch plan] uses are subiect to the provisions of the property's zone
78 classification;
79 (t) the total allowed maximum density [of] on a lot or parcel [zoned CR] that is
80 adjacent to or confronting [one-family residentially zoned or agriculturally
81 zoned lots or parcels] a lot or parcel in a one-family residential zone or an
82 agricultural zone, that is not improved with a industrial, or
83 utility use, may not [be exceeded] exceed that allowed by the lot or parcel's
84 commercial/residential zone; and
85 (g) [the resulting development must conform to the design and land use
86 objectives of the applicable master or sector plan and design guidelines.]
87 public benefits must be provided under the phasing element of an approved
88 sketch plan.
89 59-C-15.13. Applicability.
90 The CRN, CRT, and CR zones can only be applied when specifically
91 recommended by an approved and adopted master or sector plan and only by [the]
92 sectional map amendment [process].
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94 Examples:
95 An area zoned [CR-2.0] [[CRNl.5, Cl.0, RI.O, [H80] H45]]
96 allows a total FAR [of 2.0] up to 1.5, with maximum non-residential and residential
97 FARs of 1.0, thereby requiring [an equal] f! mix of uses to obtain the total FAR allowed.
98 The height for any building in this zone is limited to [80] 45 feet.
99 An area zoned [[CR[-]6.0, C3.0, R5.0, H200]]CR-6.0 C-3.0 R-5.0 H-200 allows [a
100 residential FAR of up to 5.0,] a non-residential FAR [of] up to 3.0, a residential FAR up
101 to 5.0, and a mix of the two uses could yield a total FAR of6.0. This combination allows
102 for flexibility in the market and shifts in the surrounding context. The height for any
103 building in this zone is limited to 200 feet.
104 An area zoned [CR-4.0] ([CRT3.5, [C4.0] C3.5, [R4.0] R3.5, [HI60] H100]]
105 3.5 R-3.5 H-I00 allows complete flexibility in the mix of uses, including buildings with
106 no mix, because the maximum allowed non-residential and residential F ARs are both
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Ordinance No.: 17-09
107 equivalent to the total maximum FAR allowed. The height for any building in this zone
108 is limited to [160] lQQ feet.
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110 59-C-15.2. Description and objectives of the CR zones.
111 The CRN, CRT, and CR zones permit a mix of residential and non-residential uses
112 at varying densities and heights. The zones promote economically,
113 environmentally, and socially sustainable development patterns where people can
114 live, work, recreate, and have access to services and amenities while minimizing
115 the need for automobile use. The application of the CR zones is appropriate where
116 ecological impacts can be moderated by co-locating housing, jobs, and services.
117 The objectives of the CRN, CRT, and CR zones are to:
118 (a) implement the policy recommendations of applicable master and sector
119 plans;
120 (b) target opportunities for redevelopment of single-use areas and surface
121 parking lots with a mix of uses;
122 (c) reduce dependence on the automobile by encouraging development that
123 integrates a combination of housing types, mobility options, commercial
124 services, and public facilities and amenities;
125 (d) allow a mix of uses, densities, and building heights appropriate to various
126 contexts to ensure compatible relationships with adjoining neighborhoods;
127 W [encourage] allow an appropriate balance of employment and housing
128 opportunities [and compatible relationships with adjoining neighborhoods;
129 (e) establish the maximum density and building height for each zone, while
130 retaining appropriate development flexibility within those limits]; and
131 (f) standardize optional method development by establishing minimum
132 requirements for the provision of [the] public benefits that will support and
133 accommodate density above the standard method limit.
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Ordinance No.: 17-09
134 S9-C-1S.3. Definitions specific to the CR zones.
135 The following words and phrases, as used in this Division, have the meaning
136 indicated. The definitions in Division 59-A-2 otherwise apply.
137 Car share space: a parking space that serves as the location of an in-service
138 vehicle used by a vehicle-sharing service.
139 Cultural institutions: public or private institutions or businesses,1 including: art,
140 music, and photographic studios; auditoriums or convention halls; libraries and
141 museums; recreational, performance, or entertainment establishments,
142 commercial; theater, indoor; theater, legitimate.
143 Day care facilities and centers: facilities and centers that provide daytime care
144 for children and/or adults, including: child [[daycare]] day care facility (family
145 day care, group day care, child day care center, teen center); [[daycare]] day
146 care facility for not more than 4 senior adults and persons with disabilities; and
147 day care facility for senior adults and persons with disabilities.
148 Frontage: a property line shared with an existing or master-planned public or
149 private road, street, highway, or alley right-of-way or easement boundary.
150 Limits of Disturbance: an area on a certified site plan within which all
151 construction work must occur.
152 LivelW ork unit: Buildings or spaces within buildings that are used jointly for
153 non-residential and residential purposes [where the residential use ofthe space
154 may be secondary or accessory to the primary use as a place of work].
155 Manufacturing and production, artisan: The manufacture and production of
156 commercial goods by a skilled manual worker or craftsperson, such as jewelry,
157 metalwork, cabinetry, stained glass, textiles, ceramics, or hand-made food
158 it does not include any activity whi911 causes noise. odor, or
159 vibration to be detectable on a neighboring property.
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160 Public Arts Trust Steering Committee: A committee of the Arts and
161 Humanities Council that allocates funds from the Public Arts Trust.
162 Public owned or operated uses: Activities that are located on land owned by or
163 leased and developed or operated by a local, county, state, or federal body or
164 agency.
165 Recreational facilities, participatory: Facilities used for sports or recreation.
166 Reconstruction: Building the same or less Hoor area on or within the footprint of
167 a demolished or partially demolished building.
168 Renovation: An interior or exterior alteration that does not affect a building's
169 footprint.
170 Seasonal Outdoor Sales: A lot or parcel where a use or product is offered
171 annually for a limited period oftime during the same calendar period each year.
172 The availability or demand for the use or product is related to the calendar
173 period, such as Christmas trees, pumpkin patches, or com mazes.
174 Teen Center: A supervised building. or a supervised area of a building. which
175 provides a facility for the or educational use of children
176 between the ages of 12 and 18. At least 80 percent of the facility's hours of
177 operation must be for the use of teenagers.
178 Tenant Footprint: The horizontal area measured within the exterior walls for the
179 ground floor of the main structure allocated to each non-residential tenant or
180 owner-occupant.
181 Transit proximity: Transit proximity is categorized in two levels: 1. proximity
182 to an existing or master planned Metrorail Station; 2. proximity to an existing
183 or master planned station or stop along a rail or bus line with a dedicated, fixed
184 path. All distances for transit proximity are measured from the nearest transit
185 station entrance or bus stop entrance. [[To qualify as a planned station or stop,
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186 the station or stop must have funds appropriated in the relevant Capital
187 Improvement Program.]]
188 59-C-15.4. Methods of development and approval procedures.
189 [Two methods of development are available under the CR zones] The CRN zones
190 allow development only under the standard method. The CRT and CR zones
191 allow development under the standard method and may allow development under
192 the optional method.
193 59-C-15.41. Standard Method.
194 Standard method development [must comply with the general requirements and
195 development standards of the CR zones] is allowed under the following
196 requirements.
197 Uti In the CRN zones, the maximum total, non-residential, and residential
198 densities and maximum building height for any property are shown on the
199 zomng map.
200 .chl. In the CRT and CR zones, the maximum standard method density is the
201 lesser of the density shown on the zoning map or:
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Cate20rv Maximum Total Densitv
CRT The trreater of 1.0 FAR or 10 000 trrOSS square feet of floor area.
CR The g:reater of 0.5 FAR or 10 000 trrOSS sauare feet of floor area.
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204 (2 A site plan approval under Division 59-D-3 is required for a standard
205 method development [project] only if the development:
206 [(a)] ill. is a Limited Use;
207 ill [the] [[includes a gross floor area [exceeds] exceeding 10,000 square
208 feet;]] [or] is located in a CRN zone and results in 10,000 square feet
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Ordinance No.: 17-09
209 or more of floor area. including any existing floor area, except where
210 Section 59-C-15.9(a) applies;
211 ill is located in a CRTor CR zone and results in 10,000 square feet or
212 more of floor area in addition to any floor area existing when the CRT
213 or CR zone was applied. except where Section 59-C-15.9(a) applies:
214 til includes a building height exceeding 40 feet; [[or]]
215 [(b)] [[illllill [any building or group of buildings contains] includes 10 or
216 more dwelling units; or
217 (6) includes a drive-through facility.
218 S9-C-1S.42. Optional method.
219 Optional method development [must comply with the general requirements and
220 development standards of the CR zones and must provide public benefits under
221 Section 59-C-15.8 to obtain greater density and height than allowed under the
222 standard method of development. A sketch plan and site plan are required for any
223 development using the optional method. A sketch plan must be filed under the
224 provisions below; a site plan must be filed under Division 59-D-3. Any required
225 preliminary subdivision plan must not be submitted before a sketch plan is
226 submitted] is allowed under the following requirements.
227 00 The maximum total, non-residential, and residential densities and building
228 height for any property are set by the zone shown on the zoning map.
229 {Q} A sketch plan must be submitted under Section 59-C-15.43.
230 (} Site plan(s) must be submitted under Division 59-D-3.
231 @ Public benefits must be provided under Section 59-C-15.8.
232 S9-C-1S.43. Sketch plan.
233 Any optional method development in the CRT and CR zones requires an approved
234 sketch plan. Any required preliminary plan of subdivision or site plan may [[not ]]
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235 be submitted [[before a sketch plan has been approved]] when a sketch plan is
236 submitted. or any time thereafter.
237 (a) A sketch plan application must contain:
238 (1) a justification statement that addresses how the project meets the
239 requirements and standards of this Division [for optional method
240 development] and describes how the development will further the
241 objectives of the applicable master or sector plan;
242 (2) [an] illustrative [plan] plans [or model that shows] showing:
243 fA) [the maximum densities for residential and non-residential
244 uses, massing, and heights of buildings] building densities,
245 massing, heights, and the anticipated mix of uses;
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an
locations of public use and other open spaces;
247 (Q pedestrian, bicycle, and vehicular circulation, parking, and
248 loading; and
249 (ill [the] relationships between existing or proposed adjacent
250 buildings [on adjoining tracts] and rights-of-way;
251 (3) [an illustrative diagram of proposed vehicular, pedestrian, and bicycle
252 access, circulation, parking, and loading areas;
253 (4)] a table of proposed public benefits and the incentive density
254 requested for each; and
255 [(5)](il [the] f1 general phasing outline of structures, uses, rights-of
256 way, sidewalks, dedications, public benefits, and future preliminary
257 and site plan applications.
258 (b) Procedure for a sketch plan:
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259 (1) Before filing a sketch plan application, an applicant must comply
260 with the provisions of the Manual for Development Review
261 Procedures, as amended, that concern the following:
262 (A) notice;
263 (B) posting the site of the application submittal; and
264 (C) holding a pre-submittal meeting.
265 (2) A public hearing must be held by the Planning Board on each sketch
266 plan application no later than 90 days after the filing of an optional
267 method development application, unless a request to extend this
268 period is requested by the applicant, Planning Board staff, or other
269 interested parties. A request for an extension must be granted if the
270 Planning Board finds it not to constitute prejudice or undue hardship
271 on any interested party. A recommendation regarding any request for
272 extension must be acted upon [as a consent agenda item] by the
273 Planning Board on or before the 90-day hearing period expires.
274 Notice of the extension request and recommendation by Staff must be
275 posted no fewer than 10 days before the item's agenda date.
276 (3) No fewer than 10 days before the public hearing on a sketch plan,
277 Planning Board staff must submit its analysis of the application,
278 including its findings, comments, and recommendations with respect
279 to the requirements and standards of this ([division]] Division and
280 any other matters that may assist the Planning Board in reaching its
281 decision on the application. This staff report must be included in the
282 record of the public hearing.
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283
(4) The Planning Board must act within 30 days after the close of the
284
record of the public hearing, by majority vote of those present and
285 voting based upon the hearing record, to:
286 (A) approve;
287 (B) approve subject to modifications, conditions, or binding
288 elements; or
289 (C) disapprove.
290 (c) In approving a sketch plan, the Planning Board must find that the following
291 elements are appropriate in concept and appropriate for further detailed
292 review at site plan. The sketch plan must:
293 (1) [The plan: (A) meets the] meet the objectives, general
294 and standards of this Division;
295 ill [(B) will further] further the recommendations and objectives of the
296 applicable master or sector plan; [ and (C) will provide more efficient
297 and effective development of the site than the standard method of
298 development;]
299 [(2)]Q} [The proposed building massing and height and public use and
300 other open spaces are located and scaled to achieve]
301 compatible internal and external relationships [with each other and
302 with] between existing and proposed nearby [and] open
303 space [adjacent to the site and with adjacent communities], and uses;
304 [(3)]G) [The] provide satisfactory general vehicular, pedestrian, and
305 bicyclist access, circulation, parking, and loading [areas are adequate,
306 safe, and efficient];
307 [(4)]ill [The proposed] propose an outline of public benefits [and
308 associated] that supports the requested incentive density [will further
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309 the objectives of the applicable master or sector plan and the
310 objectives ofthe CR zones]; and
311 [(5)]@ [The general] establish a feasible and appropriate provisional
312 phasing [of] plan for all structures, uses, rights-of-way, sidewalks,
313 dedications, public benefits, and future preliminary and site [plans is
314 feasible and appropriate to the scale and characteristics of the project]
315 plan applications.
316 (d) During site plan review, the Planning Board may approve [[modifications to
317 the binding elements or conditions of an approved sketch plan.
318 (1) If changes to a sketch plan are requested by the applicant, notice of
319 the site plan application must identify those changes requested. The
320 applicant has the burden of persuading the Planning Board that such
321 changes should be approved.
322 (2) If changes are recommended after the application is made, notice of
323 the site plan hearing must identify changes requested.
324 (3) In acting to approve a sketch plan modification as part of site plan
325 review, the Planning Board must make the findings required in
326 Section 59-C-15.42(c) in addition to those required by Section 59-D
327 3]] amendments to the binding elements of an approved sketch plan.
328 ill Amendments to the binding elements may be approved. if such
329
330 (8J requested by the applicant:
331 !Ill recommended by the Planning Board staff and agreed to by the
332
333 (Ql made by the Planning Board, based on a staff recommendation
334 or on its own initiative, ifthe Board finds that a change in the
18
Ordinance No.: 17-09
335 relevant facts and circumstances since sketch plan approval
336 demonstrates that the binding element either is nQt consistent
337 with the applicable master or sector plan or does not meet the
338 reguirements of the zone.
339 al Notice of proposed amendments to the binding elements must be
340 identified in the site plan application if requested by the applicant. or
341 in the final notice of the site plan hearing if recommended by
342 Planning Board staff and agreed to by the applicant.
343 !ll F or any amendments to the binding elements. the Planning BQard
344 must make the applicable findings under Section 59-C-15.43(c). in
345 addition to the findings necessary to approve a site plan under Section
346 59-D-3.
347 59-C-15.5. Land uses.
348 No use is allowed in the CRN, CRT, or CR zones except as indicated below:
349 - Permitted Uses are designated by the letter "P" and are pennitted
350 subject to all applicable regulations.
351 - Limited Uses are designated by the letter "L" and are pennitted
352 subject to all applicable regulations and the additional restrictions
353 under Section 59-C-15.51.
354 - Special Exception Uses are designated by the letters "SE" and may be
355 authorized as special exceptions under Article 59-G.
356
Farm and country markets
Farm, limited to ero s, ve etables, herbs, and ornamental lants
Nursery, horticultural- retail or wholesale
Seasonal outdoor sales
Residential
p
p
19
Ordinance No.: 17-09
....:,.
CRN CRT CR Use
' '
P P P
Group homes, small [or large]
Dwellings
P P P
Group homes large L P P
Hospice care facilities L P P
Housing and related facilities for senior adults or persons with disabilities P P P
Life care facilities P P P
Live/Work units P P P
Personal living quarters P P P
(c) Commercial Sales and SerVice (nnn__~ n . . I ':' In.: ;-,';i ~ . :'; :.: .... <
P P
Ambulance or rescue squads, Qrivate
Advanced technology and biotechnology
L P
Animal boarding places
[[L]]
SE SE SE
Automobile filling stations SE SE
Automobile rental services, excluding storage of vehicles and supplies P P P
Automobile rental services including storage of vehicles and sunnlies L L
Automobile repair and services L P
Automobile sales, indoors L [[L]] P
Automobile sales, outdoors [(except where a municipality prohibits the use P
within its iurisdiction by resolution)]
Clinic
L
P L P
Conference centers P P
Eating and drinking establishments L P P
Health clubs and gyms L P P
Home occupations, major SE SE SE
Home occupations, registered and no-impact P P P
Hotels and motels P P
Laboratories
[[L]]
P P
Dry cleaning and laundry pick-up stations P P P
Drv Cleaner / Laundrv Under 3 000 sauare feet GF A P P
Offices, general P P P
Recreational facilities, participatory
p.
P
SE
Research, development, and related activities
[[L]]
P P
Retail trades, businesses, and services of a general commercial nature with
p.
P
each tenant footprint UP to 5,000[Lsfl] sauare feet
Retail trades, businesses, and services of a general commercial nature with
P.
P. P.
each tenant footQrint between 5,000[[sfl] square feet and 15,000[[sfl] square
feet
Retail trades, businesses, and services of a general commercial nature with P
P.
each tenant footQrint between 15,000[[sfJ] square feet and 60,000[[sfJ] square
feet
20
L
Ordinance No.: 17-09
; Use
c, ,
CRN CRT CR "
Retail trades, businesses, and services of a general commercial nature with
L :e
each tenant footprint over 60 OOO[[sf]] sauare feet
Self-storage facilities SE SE
Veterinarv hospitals and offices with boarding facilities SE L P
Veterinary hospitals and offices without boarding facilities P P P
Warehousing, not including self-storage, less than 10,000 square feet P P
" "
(d)Institutional &'Civic (non-residential)
c"
Charitable and philanthropic institutions P P

Cultural institutions less than or eQual to 5!000 sQuare feet GF A
[[L]]
P
P
Cultural institutions Qreater than 5 000 sauare feet GF A
[[L]]
:e
P P
Day care facilities and centers with over 30 users L L P
Day care facilities and centers with UP to 30 users P P P
Educational institutions, private L P P
Hospitals P P
Parks and playgrounds, private P P P
Private clubs and service organizations L P P
Publicly owned or publicly operated uses P P P
Religious institutions P P P
... ,/
, (e) fudustna}(non-residentian "
,
'.' ""', '> >: "
Manufacturing and production, artisan P P P
Manufacturing, compounding, processing, or packaging of cosmetics, drugs, P
perfumes, pharmaceuticals, toiletries, synthetic molecules, and projects
resulting from biotechnical and biogenetic research and development
Manufacturing and assembly of medical, scientific, or technical instruments,
L
P
devices, and equipment
L
".'....,.':
.,.
,,',. ,'" "
,"';','
1(0'
" ;0>':','
" ;,', " ,c.
P P P
Bus terminals, non-public
Accessol'Y.-buildings and uses
P P
Parking garages, automobile P
Public utility buildings, structures, and underground facilities
P
P P P
Radio and television broadcast studios P P
p
Rooftop mounted antennas and related unmanned equipment buildings,
:e :e
cabinets, or rooms
357
358 59-C-15.51. Limited Uses.
359 59-C-15.511. Applicability. Uses designated by an "L" in the land use table are
360 Limited Uses and must comply with the requirements of this Section if they are on
361 properties that are:
21
Ordinance No.: 17-09
362 uu [[Located]] located adjacent to a property in a one-family residential or
363 agricultural zone that is not improved with a commerciaL industrial. or
364
365 ill [[Separated]] separated from such a property only by the right-of-way of a
366 primary, secondary, or tertiary residential street.
367 Where these circumstances do not apply, the use is considered a permitted and
368 Section [[59-C-15.41(c)(1)]] 59-C-15.512 does not apply.
369 59-C-15.512. Requirements of Limited Uses.
370 Development applications that include Limited Uses must:
371 uu satisfy the site plan requirements of 59-D-3;
372 ill comply with the design recommendations of the applicable sector or master
373 plan[[,]] and associated design guidelines; and
374 W ensure compatible relationships with existing and proposed adjacent
375 residential housing through mitigating factors including, but not limited
376
377 ill increased setbacks;
378 ill sound and visual barriers;
379 ill decreased structural heightsl[,]];, or
380 (4l diminished site lighting.
381 59-C-15.6. General requirements.
382 Development in the CRN, CRT, and CR [zone] zones must comply with the
383 following requirements.
384 59-C-15.61. Master plan and design guidelines conformance.
385 Development that requires a site plan must be substantially consistent with the
386 applicable master or sector plan [[, unless the Planning Board finds that events
387 have occurred to render the relevant master or sector plan recommendation no
22
Ordinance No.: 17-09
388 longer appropriate,]] and must [address] substantially conform to any design
389 guidelines approved by the Planning Board that implement the applicable plan.
390 [59-C-15.62. Priority retail street frontages.
391 Development that requires a site plan and is located on a street identified as a
392 priority retail street frontage in the applicable master plan, sector plan, or design
393 guidelines must be developed in a manner that is consistent with the
394 recommendations and objectives of the applicable plan and address any applicable
395 design guidelines approved by the Planning Board that implement the applicable
396 plan.
397 59-C-15.63. Streetscape.
398 Streetscape improvements must be consistent with the recommendations of the
399 applicable master or sector plan and must address any Planning Board approved
400 design guidelines that implement the applicable plan.]
401 [59-C-15.64]59-C-15.62. Bicycle parking spaces and commuter shower/change
402 facility.
403 [(a) Bicycle parking facilities must be secure and accessible to all residents or
404 employees of the proposed development.
405 (b) The number of bicycle parking spaces and shower/change facilities required
406 is shown in the following table (calculations must be rounded to the higher
407 whole number):
408
Residential .
In a building containing
less than 20 dwelling
units.
At least 4 bicycle
parking spaces.
23
Ordinance No.: 17-09
At least 0.5 bicycle
or more dwelling units.
In a building containing 20
parking spaces per
dwelling unit, not to
be fewer than 4
spaces and up to a
maximum of 100
required spaces.
r - - - - - - - - - - - - - - - - - ~
At least 0.1 bicycle
arrangement expressly for
In any group living
parking spaces per
senior citizens. unit, not to be fewer
than 2 spaces, up to a
maximum of 100
required spaces.
In a building with a total
non-residential floor area
of 1,000 to 9,999 square
feet.
In a building with a total
non-residential floor area
of 10,000 to 99,999 square
feet.
In a building with a total
non-residential floor area
of 100,000 square feet or
greater.
At least 2 bicycle parking spaces.
Two bicycle parking spaces for the first 10,000 square feet plus one
additional space for every additional 10,000 square feet, up to a
maximum of 100 spaces.
Two bicycle parking spaces for the first 10,000 square feet plus one
additional space for every additional 10,000 square feet, up to a
maximum of 100 spaces. One shower/change facility for each
gender available only to employees when the building is accessible.
409 ]
410 Instead of the requirements of Article 59-E regarding bicycle parking spaces,
411 development in the CRN, CRT, and CR zones must satisfy the following
412 provISIons.
413 W Bicycle Parking Spaces
414
24
Ordinance No.: 17-09
Use Publicly Accessible Bike Private
2
Secure Bike S(!aces
Spaces
(1) Multi- family
Residential
i In a building containing less
2.
4
than 20 dwelling units
In a building containing 20 or 0.1 :ger unit to a maximum [[0.5]] D.3..5.:ger unit to a
more dwelling units requirement of 10 maximum reauirement of 100
In any grou:gliving 0.1 :ger unit, not fewer than 2 0.1 :ger unit, not fewer than 2,
arrangement ex:gressly for to a maximum requirement of to a maximum requirement of
senior citizens 100 100
(2) Non-Residential
Total non-residential floor
2. 2.
area under 10,000 sguare feet
gross floor area
Total non-residential floor 2:ger 10,000[[gJl sauare feet 1 :ger 10,000[[sfl] square feet,
area between 10,OOO[[sfl] not fewer than 2, to a
sguare feet and 100,000 square maximum requirement of 10
feet gross floor area rrLmll
Total non-residential floor 20 l:ger 10.000[[sfl] square feet,
area greater than 100,000 not fewer than 10, to a
square feet gross floor area maximum reguirement of 100.
[[ill}l1
415
416 ill For office uses with a total non-residential floor area of 100,000 square feet
417 of gross floor area or greater, one shower/change facility is required for
418 each gender: the facility may be made available only to employees when the
419 building is accessible.
420 [59-C-15.65]59-C-15.63. Parking.
421 [(a) (1) For projects that satisfy the requirements for transit proximity levels 1
422 or 2, the number of parking spaces provided on;;;site must not exceed the
423 number required under Article 59-E, except that the maximum number of
424 parking spaces for general retail and restaurant uses is 4 spaces for every
425 1,000 square feet of gross leasable area, and no parking spaces are required
426 for restaurant outdoor patron areas.
25
Ordinance No.: 17-09
427 (2) All projects that do not satisfy the requirements for transit proximity levels
428 1 or 2 must meet the parking requirements established under Article 59-E,
429 except that the number of parking spaces for general retail and restaurant
430 uses in Subsection (a)(1) may be provided without a parking waiver.
431 (b) Except for retail and restaurant uses that satisfy Subsection (a)(l) and
432 projects that do not satisfy transit proximity level 1 or 2, the number of
433 parking spaces required is based on a building's distance from transit as
434 follows:
435
0.20 0.80
number of
required spaces
under Article 59
E multiplied by
the following
factor:
Residential: the number
0.40 0.60 Non-residential: the
0.70 0.60 0.80 0.90
of required
spaces under
Article 59-E
multiplied by the
followin factor:
436
437 The appropriate parking rates apply to the gross floor area within each distance
438 category.]
439 Instead of the requirements of Article 59-E regarding parking space numerical
440 requirements, landscaping, and surface parking design, development in the CRN,
441 CRT, and CR zones must comply with the following provisions. All standards and
26
Ordinance No.: 17-09
442 requirements of Article 59-E that are not modified by this Section must be
443 satisfied.
444 59-C-15.631. Parking Ratios.
445 Parking spaces must satisfy the following minimums and maximums unless the
446 minimum number of parking spaces is waived under 59-C-15.636. The minimum
447 number of spaces required is equal to the number of parking spaces that would
448 otherwise be required by Division 59-E-3 .. multiplied by the applicable factor in
449 the table, or at the rate indicated. When a maximum number of spaces is
450 indicated, no more parking than would otherwise be required by Division 59-E-3
451 may be provided.
452
Use CRN CRT CR
Distance from ~ lIn to Yi
G
lIn to Yi G: ;;, ll::l
lIn to 'l4 to Yi Yi to I Greater
level I or ~ mile than Yi than mile mile mile than I
transit station or mile mile mile
stol!
llti Residential
11. K.
urn: None None 59-E None 59-E
~
59-E None
Minimum: 0.8 1.0 i!U 0.8 0.6 0.7 0.8 I 0.9
Retail and restaurant non-residential uses (gross leasable indoor area; no parking spaces are
required for outdoor patron arelti
Maximum: [[59-E]] None I [[59-E]] None 59-E 59-E 59-E None
None ~
Minimum: [[0.6]] [[0.8]] [[0.4]] ~ I [[0.6]]
1 ~ 1 ~ 1 ~
[[0.8]] ~
, ~
4 per 1,000 1,000 1,000 ner 1.000
U1illl
LrulQ 1,000 ' LOOO sguare sguare sguare SillJare
sguare Sl Ui:l sguare sguare feet feet feet feet
fect feet feet
~
(el All other non-. uses
Maximum: I None
~
None
~
59-E . 59-E None
Minimum: [[0.6]] [[0.8]]
I [[0.4]]
[[M]] 0.2 10.4 0.6 0.8
I 0.8 1.0 i 0.6 QJ,
453
454 @ The appropriate rates to determine the number of parking spaces apply to
455 the gross floor area of each use within each distance category.
456 59-C-15.632. Accepted Parking Spaces.
27
Ordinance No.: 17-09
457 [(c)1 Parking requirements must be met by any one or a combination of the
458 following:
459 [(1)1iill. providing the spaces on site;
460 [(2)1C!2l constructing publicly available on-street parking; or
461 [(3)1!2 participating
462 ill a parking lot
463 ill [or1 a shared parking program established by municipal or
464 ill entering into an agreement for shared parking spaces within V4mile of
465 the subject property in a public or private facility [[within]] [1,000
466 feet] [[14 mile of the subject lot]], if the off-site parking facility is not
467 in an agricultural (Division 59-C-9), planned unit development
468 (Division 59-C-7), or one-family residential (Division 59-C-l) zone.1
469 unless otherwise allowed by this Chapter.
470 [(d)] Every "car-share" space provided reduces the total number of required spaces
471 by 6 spaces for non-residential use or 3 spaces for residential use.
472
473 Example: A non-residential project on a CR-zoned site requiring at least 100 spaces under
474 Article 59-E would be required to provide a maximum of 100 spaces on site. If that site was
475 within V4 to liz mile of a transit station, the minimum requirement for parking would be 40 spaces
476 (100 x 0040 = 40). If 2 car-share spaces were provided, that requirement would be 28 for non
477 residential use or 34 for residential use.
478
479 59-C-15.633. Parking space location and access.
480 [(e)] The design of surface parking [facilities) spaces must comply with the
481 following:
482 [(1)]iill. [a] parking [facility at] spaces on or above grade must not be located
483 between the street and the main front wall of the building or the side wall of
484 [a] the main building on a comer lot [unless the Planning Board finds that
28
Ordinance No.: 17-09
485 safe and efficient circulation would be better served by a different
486 arrangement]; and
487 [(2)](hl if a site is adjacent to an alley, the primary vehicular access to the
488 parking facility must be from that alleyJ; and
489 (3) curb cuts must be kept to a minimum and shared by common ingress/egress
490 easements whenever possible.]
491 59-C-15.634. Drive-through facilitv design.
492 Any drive-through facility requires the approval of a site plan under Division 59
493 D-3 and must satisfy the following:
494 [(f)]W [The design of parking facilities with drive-through services must
495 comply with the following; however, the Planning Board may approve a
496 design if it finds that the alternative design would provide safer and more
497 efficient circulation:] no part of a drive-through [[service]] facility,
498 including the stacking area, may be located within 100 feet of a property
499 line shared with [[an]] one-family (Division 59-C-l) or agriculturally
500 (Division 59-C-9) zoned land;
501 [(1)](hl [the driveway must not be] no drive-through service window, drive
502 aisle, or stacking area may be located between the street and the main front
503 wall of [a] the main building [or the side wall of a building on a comer lot];
504 [(2)]() [the] no drive-through service window [must], drive aisle, or stacking
505 area may be located [on the rear or] between the street and the side wall of
506 the main building [; any service window on the side wall of a building must
507 be] on a comer lot unless pennanently screened from any street by a 5-foot
508 or higher wall or fence[[; and]],;
29
Ordinance No.: 17-09
509 [(3) curb cuts to a street must be minimized to one drive aisle of no more than 20
510 feet in width for two-way traffic or two drive aisles each of no more than 10
511 feet in width for one-way traffic.]
512 59-C-15.635. Landscaping and lighting.
513 [(g)] Except for areas used for internal driveway or sidewalk connections
514 between lots or parcels that are not [in] zoned one-family residential [(59-C-l)] or
515 agricultural [(59-C-9) zones1, landscaping for surface parking [facilities] spaces
516 must satisfy the following requirements:
517
30
518
Ordinance No.: 17-09
""
Minimum Landscape Standards for Surface Parking
Subject
""
Requirement
[Right -of-W ay No less than 6-foot [width of] wide continuous soil panel [or]
W
(excluding any utilitt easements} with stormwater [management
line adjacent to a
Screening] Property
recharge facility (not including any PUE or PIE) with groundcover]
right-of-way facilities, planting bed, or lawn, including[;] a minimum 3-foot high
continuous evergreen hedge or fence; [and] plus one deciduous tree
per 30 feet of street frontage or per the applicable streetscape
standards.
au
Property line No less than lO-foot [[widthl] wide continuous soil panel (excluding
adjacent to a lot or any utilitt easements} with stormwater facilities, planting bed, or
parcel in a one- l a w n ~ including a minimum 6-foot high continuous evergreen hedge
family residential or or fence: plus one deciduous tree per 30 feet of frontage.
a!.!ricultural zone
(l Property line No less than 4-foot [[width]] wide continuous soil panel [or]
[Adjacent] adjacent (excluding any utility easements) with stormwater [management
to a lot or parcel in recharge facility with groundcover] facilities, planting bed, or lawn;
any [Commercial, plus one deciduous tree per 30 feet [of frontage].
Industrial, or Mixed-
Use Zone] zone not
subject to (b), above
[Adjacent to a lot or 10-foot continuous soil panel or stormwater management recharge
parcel in an Agricultural facility with groundcover, planting bed, or lawn; 6-foot high
or Residential District continuous evergreen hedge or fence; and one deciduous tree per 30
feet of frontage. 1
@ Internal Pervious No less than 10 percent of the parking facility area [[comprised]]
Area comoosed of individual areas of at least 100 square feet each.
@ Tree Canopy No less than 30 percent of the parking facility area (at 15 years
Coverage growth).
ill
Lighting Per the Illuminating Engineering Society of North America standards,
or County eguivalent, with full or partial cut-off fixtures and no more
than 0.5 [[foocandle]]100tcandle illumination at any property line
subiect to (b), above.
31
-r-I>",ri(ill'\l'l Area Boundary
Area Boundary
30% Min. Canopy
WIi Parking Area
10% "'lin. Pervious
w/i Parking Area
520 Surface Parking Landscape Requirements [[Illustrative]] Illustration
521
522 59-C-15.636. Waiver of parking provisions.
523 The Director, Planning Board, or Board of Appeals may waive any requirement of
524 Section 59-C-15.63 not necessary to accomplish the objectives of this Division
525 and Section 59-E-4.2, and in conjunction with such a waiver may adopt reasonable
526 mitigating requirements above the minimum standards. At least 10 days notice of
527 any request for a waiver under this Section must be provided to all adjoining
528 property owners, affected citizen associations, and Planning Department Staff, if
529 applicable, before a decision may be made.
530 59-C-15.7. Development standards.
531 Development in [any] the CRN, CRT, and CR [zone] zones must comply with the
532 following standards.
533 59-C-15.71. Density and height.
534 Maximum density and height are specified by the zone established on the zoning
535 map under [[the provisions of]] Section 59-C-15.1.
6' Fence or Hedge
along Residential
519
Ordinance No.: 17-09
32
Ordinance No.: 17-09
536 [(a) The maximum density for any standard method project is the greater of 0.5
537 FAR or 10,000 square feet of gross floor area. Any single land use or any
538 combination of land uses allowed in the zone may achieve the maximum
539 density.
540 (b) The maximum total density and mix of maximum non-residential and
541 residential density for any project using the optional method of development
542 is specified by the zone.]
543 [59-C-15.72. Height.
544 (a) The maximum height for any building or structure in a standard method
545 project is 40 feet.
546 (b) The maximum height for any building or structure in an optional method
547 project is determined by the zone.]
548 [59-C-15.73]59-C-15.72. Setbacks.
549 (a) [A building must not be any closer to a lot line shared with] Where a tract of
550 land is adjacent to a lot or parcel in [an agricultural (Division 59-C-9) or
551 residential (Division 59-C-I)] a one-family residential or agricultural zone
552 that is not improved with a commerciaL industrial. or utility use, [than] any
553 building:
554 (1) must have a minimum setback of 25 feet or the setback required by
555 the adjacent lot or parcel, whichever is greater; and
556 (2) [the building] must not project beyond a 45 degree angular plane
557 projecting over the subject lot or parcel measured from a height of 55
558 feet in the CR zones, 45 feet in the CRT zones, or 35 feet in the CRN
559 zones at the setback line determined above, with the exception of
560 those features exempt from height and setback restrictions under
561 Section 59-B-1.
33
Ordinance No.: 17-09
562 (b) The development of a new building in place of a building existing when
563 [the] a CRN, CRT, or CR zone is applied may be built to the [pre-existing
564 setbacks] previously allowed setback if the height of the new building is not
565 increased [over that] above the height of the former building.
566
Required Building Setback
I
N Zoning Boundary
CRN. CRT. or CR Zone I 'cultural or Residential Zone
567
568 Angular Plan Setback Illustration
569
570 [59-C-15.74]59-C-15.73. Public use space.
571 (a) Public use space is not required for any standard method project that does
572 not require a site plan. If a site plan is required for the proposed project,
573 [then the minimum] public use space is [10 percent of the project's net land
574 area.] required as follows:
575
Gross Tract Area Minimum Public Use Space
Un to 10 OOOHg'Jl S(luare feet None
sauare feet un to 3 acres 10% of net tract area
Over 3 acres 10% of limits of disturbance
34
576
Ordinance No.: 17-09
577 (b) Projects using the optional method of development must provide public use
578 space as follows:
579
Minimum Required Public Use Space (%.ofnettraCtarea}
Acres (Gross) Number of Existing, Proposed, and Master-Planned Right-of-
Way Frontages
1 2 3 4+
<liz 0 0 0 5
liz - 1.00 0 0 5 10
1.01 - 3.00 0 5 10 10
3.01-6.00 5 10 10 10
6.01 + 10 10 10 10
580
581 (c) Public use space must:
582 (1) be [calculated on the net tract area that was included in the sketch
583 plan application;
584 (2) be] rounded to the next highest lOO square feet;
585 [(3)]ill be easily and readily accessible to the public; and
586 [(4) be distributed within the entire tract area included in the sketch plan
587 application; and
588 (5)]Q} contain amenities such as seating options, shade, landscaping,
589 artwork, or [other similar public benefits] fountains.
590 (d) Instead of providing on-site public use space, [for any site of 3 acres or less,
591 a development may propose the following alternatives,] an applicant may
592 satisfy all or part of the requirement by one or more of the following means,
593 subject to Planning Board approval:
594 (l) implementing public park or public use space improvements of an
595 equal or greater size within [Jf4 mile of the subject site] or near the
596 applicable master or sector plan area; or
35
Ordinance No.: 17-09
597 (2) making a payment in part or in full [to the Public Amenity Fund
598 under Section 59-D-2.31.] for design, construction, renovation,
599 restoration, installation, and/or operation within or near the applicable
600 master or sector plan area if the payment is:
601 (A) equal to the cost of constructing an equal amount of public use
602 space and associated amenities onJ[=]] site per square foot plus
603 the fair market value of the [[application]] applicable tract of
604 land per square foot;
605 an used to implement the open space, recreation, and cultural
606 goals of the applicable master or sector plan; and
607 (Q! made within 30 days of the release of any building permit for
608 the subject application.
609 [(e) A development on a site larger than 3 acres may only provide off-site public
610 use space in order to provide master-planned open space improvements, or a
611 payment under Subsection (d)(2), for an area of equal or greater size
612 required on site that is:
613 (1) located within the same master plan area as the proposed development; and
614 (2) indicated on the approved sketch plan.]
615 [59-C-15.75]59-C-15.74. Residential amenity space.
616 (a) Any building containing 20 or more dwelling units must provide amenity
617 space for its residents as follows:
618
36
Ordinance No.: 17-09
Indoor space in a multi-purpose room,
fitness room, or other common community
room(s), at least one of which must contain
a kitchen and bathroom.
Passive or active outdoor recreational space.
A minimum of 20 square feet per market-rate
dwelling unit up to 5,000 square feet.
A minimum of 20 square feet per market-rate
dwelling unit, of which at least 400 square feet
must adjoin or be directly accessible from the
indoor ameni s ace u to 5 000 s uare feet.
619
620 (b) [The] Additional amenity space is not required for Moderately Priced
621 Dwelling Units (MPDUs) or Workforce Housing Units CWFHUs) on a site
622 within a metro station policy area or where the Planning Board finds [that
623 there is] adequate recreation facilities and open space area available within
624 [a] Yz mile [radius] of the subject site. If such a finding cannot be made,
625 amenity space must be provided as if all the dwelling units were market-rate
626 units.
627 (c) [The amenity space requirement may be reduced by Yz for Workforce
628 Housing Units (WFHUs) located within a metro station policy area or if the
629 minimum public open space requirement is satisfied on site.
630 (d)] The provision of residential amenity space may be counted towards meeting
631 the required recreation calculations under the M-NCPPC Recreation
632 Guidelines, as amended.
633 59-C-15.8. Special regulations for the optional method of development.
634 [59-C-15.81. Incentive Density Provisions.]
635 This section establishes incentives for optional method projects to provide public
636 benefits in return for increases in density and height above the standard method
637 maximums[, consistent with the applicable master or sector p l a n , ] ~ up to the
638 maximum permitted by the zone.
37
Ordinance No.: 17-09
639 S9-C-lS.81. Incentive Density Categories.
640 [(a)] Public benefits must be provided that enhance or contribute to the
641 objectives of the CRT and CR [zone] zones in some or all of the following
642 categories:
643 [(1)Hill
[Master-planned major] Major public facilities;
644 [(2)](hl Transit proximity [for residents, workers, and patrons];
645 [(3)]!l Connectivity between uses [and].,.activities.,. and mobility options;
646 [(4)]@ Diversity of uses and activities;
647 [(5)]W Quality of building and site design; [[and]]
648 [(6)](t} Protection and enhancement of the natural environment[; and
649 (7) Advanced dedication of right-of-way] :and
650 W Retained Buildings.
651 [Sections 59-C-15.82 through 59-C-15.88 indicate] Section 59-C-15.85 indicates
652 the individual [types of] public benefits that may be accepted in each of these
653 categories.
654 S9-C-lS.82. Public benefits required.
655 W Any optional method development must satisfy the minimum public benefit
656 points from the mininium number of benefit categories as follows:
657
Zoning Sites smaller than lO!OOO sguare Sites egmd to or larger than lO!OOO
sguare fed of land area or egual to
or more than 1.5 maximum allowed
FAR
Classification feet of land area or less than 1,5
maximum allowed FAR
Public Benefit Number of Benefit Public Benefit Number of Benefit
CateQ:ories Points Cate!2:ories Points
CRT 25 2. 50 3
CR 50 1 100
1:
38
658
Ordinance No.: 17-09
659 For the purpose of determining the minimum number of public benefit
660 points and the minimum number of benefit all land adioining and
661 abutting the subject property under common ownership when the CR or
662 CRT zone was applied must be included to determine the area of the site.
663 [[Any optional method development must provide public benefits from at least 4
664 ofthe categories listed in Section 59-C-15.81 and:
665 W Development in the CRT zones must provide public benefits worth a
666 minimum total of 50 points; and]]
667 [hl Development in the CR zones must provide BLTs required under Section
668 59-C-15.856(a) for at least 5 points and provide additional public benefits;
669 the sum ofthe public benefit points must equal at least 100.
670 59-C-15.83. General incentive density considerations.
671 [(b)] In approving any incentive density based on the provision of public
672 benefits, the Planning Board must not grant incentive density for any
673 attrjbute required by law and must consider:
674 [(l)]W The [policy] recommendations .. [[and]] [and priorities] and
675 priorities of the applicable master or sector plan;
676 [(2)][hl [Any applicable design guidelines and any adopted public benefit
677 standards and guidelines] The CR Zone Incentive Density Implementation
678 Guidelines and any design guidelines adopted for the applicable master plan
679
680 [(3)]() The size and configuration of the tract;
681 [(4)]@ The relationship of the site to adjacent properties;
682 [(5)]W The presence or lack of similar public benefits nearby; and
39
Ordinance No.: 17-09
683 [(6)]ill
Enhancements beyond the elements listed in the individual public
684 benefit descriptions or criteria that increase public access to or enjoyment of
685 the benefit.
686 Examples: Pedestrian activation along a through-block connection, greater
687 vegetated roof or tree canopy area than required, tower step-backs at a lower
688 height or deeper into the site than the minimum necessary to qualify for the
689 benefit, or provision of neighborhood services for more smaller businesses
690 than required.
691 [(c) Any incentive density increase approved by the Planning Board for an
692 optional method of development application must satisfy Subsection 59-C
693 15.87(a).]
694 59-C-15.84. CR zones incentive density implementation guidelines.
695 [(d)] The Planning Board must adopt, publish, and maintain guidelines that detail
696 the standards and requirements for public benefits [that may be provided for
697 incentive density]. The guidelines must:
698 [(1)]W be consistent with the [recommendations and] objectives of [the
699 applicable master or sector plan and the purpose of the CR zones] [[this
700 Division]] the applicable master or sector plan and the purpose ofthe CR
701 zones;
702 [(2)]ili} be in addition to any standards, requirements, or rules of incentive
703 density calculation included in this Division, but may not [supersede]
704 conflict with those provisions; and
705 [(3) allow any single feature of a project a density incentive from only 1 public
706 benefit;
40
Ordinance No.: 17-09
707 (4)]{) only [address the] allow incentive density for those public benefits
708 listed in [Sections 59-C-15.82 through 59-C-15.88 and must not add a
709 public benefit category; and
710 (5) include the criteria to determine when an early dedication of right-of-way
711 qualifies for incentive density, and the amount of the incentive density
712 permitted] Section 59-C-15.85.
713 59-C-15.85. Individual public benefit descriptions and criteria for CR zones.
714 [59-C-15.82]59-C-15.851. [Incentives for master-planned major] Major public
715 facilities.
716 Major public facilities [such as schools, libraries, recreation centers, urban parks,
717 and county service centers] provide public services at convenient locations and
718 where increased density creates a greater need for civic uses and greater demands
719 on public infrastructure [, centers for community meetings, and civic events].
720 (ill Major public facilities include, but are not limited to, such facilities as
721 schools, libraries, recreation centers, parks, county service centers, public
722 transportation or utility upgrades, or other resources delineated in an
723 applicable master or sector plan.
724 (Q) If a major public facility is not recommended in the applicable master or
725 sector plan, the Planning Board must find that the facility or improvement
726 provides the community with a resource that is at least as beneficial as other
727 major facilities recommended in the applicable master or sector plan.
728 Additionally, any infrastructure upgrade may only receive incentive density
729 for improvements beyond those required by any applicable adequate public
730 facilities requirement to complete the proposed development.
731 {} Because of their significance in place-making, the Planning Board may
732 approve incentive density of up to 40 points in the CRT zones and 70
41
Ordinance No.: 17-09
733 [percent] points in the CR zones for ill the conveyance of a site or floor
734 area for, [and/or] ill construction of, and/or (3) making a payment for a
735 major public facility that is [designated on a master plan or sector plan and
736 is] accepted for use and/or operation by [the] an appropriate public agency,
737 community association, or nonprofit organization.
738 [59-C-15.83]59-C-15.852. [Incentives for transit] Transit Proximity.
739 [In order to encourage] Development near transit facilities encourages greater use
740 of transit, [control] controls sprawl, and [reduce] reduces vehicle miles traveled,
741 congestion, and carbon emissions[, the Planning Board may approve incentive
742 density for transit proximity under this section. The percentage of incentive
743 density awarded to a project for transit proximity is]. and is eligible for incentive
744 density. 1'pe Planning Board may approve incentive density for transit proximity
745 under this section. Transit proximity points are granted for proximity to existing
746 or master planned transit s.tQp.s based on transit service level and CRT and CR
747 zones as follows:
rTransit Proximity Levell Level 2
Adjacent or confronting 50% 30%
Within V4 mile 40% 25%
Between Y4 and Y2 mile 30% 20%
Between Y2 and 1 mile 20% 15%J
_ ...
748
Proximity Within Y. mile Between Y. and Between ~ and
Yz mile I mile
1 ~ 1 ~ 1
20 12.5
12
10
40 25 30 20
749
750 (a) A project is adjacent to or confronting a transit station or stop if it shares a
751 property line[,] or easement line, or is separated only by a right-of-way from
752 an existing or master-planned transit station or s t o p ~ and 100 percent of the
42
Ordinance No.: 17-09
753 gross tract area [submitted] in a single sketch plan application is within V4
754 mile ofthe transit portal.
755 (b) For split proximity-range projects:
756 (1) [For all other projects to qualify for incentive density availability at
757 the other distances,] If at least 75 percent of the gross tract area in a
758 single sketch plan application [must be within the range for which the
759 incentive is proposed.] is within the closer of two proximity ranges,
760 the entire project may take the points for the closer range;
761 (2) [The incentive density for projects] Ifless than 75 percent of the
762 gross tract area in [1 distance range] a single sketch plan is within the
763 closer of2 proximity ranges, the points must be calculated as the
764 weighted average of the percentage of area in each range.
765 [59-C-15.84]59-C-15.853. [Incentives for connectivity] Connectivity and
766 mobility.
767 [In order to enhance] Development that enhances connectivity between uses and
768 [and increase] increases mobility options; [encourage] encourages non
769 automotive travel [for short and multi-purpose trips as well as for commuting];
770 [facilitate] facilitates social [and commercial] interaction; [provide] provides
771 opportunities for healthier living; and [stimulate] stimulates local businesses[, the
772 Planning Board may approve incentive density ofup to 30% for a project that
773 provides at least 2 ofthe following public benefits:] is eligible for incentive
774 density.
775 (a) Neighborhood Services: [Safe] [[At least 10 points for safe and direct
776 pedestrian access to at least 10 different retail services on site or within V4
777 mile, of which at least 4 have a [maximum] retail bay floor area ofno
778 greater than 5,000 square feet]] When fewer than 10 different basic services
43
Ordinance No.: 17-09
779 are within 1;4 mile of the subject site. up to 15 points for providing floor area
780 resulting in at least 10 different basic services within 1;4 mile of the subject
781 site. Of those 10 services. at least 4 must have tenant or owner bays of no
782 more than 5.000 square feet each. However. for all sketch plan applications
783 approved by the Planning Board before October 11. 2011. and for any
784 subsequent related site plan approvals. at least 10 points for safe and direct
785 pedestrian access to at least 10 different retail services on site or within 1;4
786 mile. of which at least 4 have a retail bay floor area of no greater than 5.000
787 square feet.
788 (b) Minimum Parking: [Provision of the minimum required] Up to 10 points
789 for providing less than the maximum allowed number of parking [for
790 projects of one acre of gross tract area or more] spaces, if a maximum is
791 applicable under Section 59-C-15.631.
792 (c) Through-Block Connections: [Safe] Up to 20 points for safe and attractive
793 pedestrian connections between streets.
794 (d) Public Parking: [Provision of] Up to 25 points for providing up to the
795 maximum number of parking spaces allowed in the zone as public parking.
796 (e) Transit Access Improvement: [Ensuring] Up to 20 points for ensuring that
797 access to transit facilities meets County standards for handicapped
798 accessibility.
799 (f) Trip Mitigation: [A] [[At least 15]] Up to 20 points for entering into a
800 binding [and verifiable] Traffic Mitigation Agreement to reduce the number
801 of weekday morning and evening peak hour trips attributable to the site in
802 excess of any other regulatory requirement; the agreement must result in a
803 non-auto driver mode share of at least 50% for trips attributable to the site.
44
Ordinance No.: 17-09
804 (g) Streetscape: Up to 20 points for construction of off-site streetscape ...
805 excluding any streetscape improvements required by this Division. '
806 (h) Advance Dedication: Up to 30 points for dedicating or providing a
807 reservation for dedication for master-planned rights-of-way in advance of a
808 preliminary or site plan application.
809 ill Way-Finding: [[At least 5]] Up to -10 points for design and implementation
810 of a way-finding system orienting pedestrians and cyclists to major open
811 spaces, cultural facilities, and transit opportunities.
812 [59-C-15.85]59-C-15.854. [Incentives for diversity] Diversity of uses and
813 activities.
814 [In order to increase] Development that increases the variety and mixture of land
815 uses, types of housing, economic [diversity] variety, and community activities;
816 [contribute] contributes to development of [a] more efficient and sustainable
817 [community] communities; [reduce] reduces the necessity for automobile use; and
818 [facilitate] facilitates healthier lifestyles and greater social interaction[, the
819 Planning Board may approve incentive density of up to 30% for a project that
820 provides affordable housing or a public facility, as described below, or at least 2 of
821 the other following public benefits:] is eligible fQrincentive density.
822 (a) Mfordable Housing:
823 ill All residential development must comply with the requirements of
824 Chapter 25A for the provision of Moderately Priced Dwelling Units
825 (MPDUs) [and may provide Workforce Housing Units (WFHUs)
826 under Chapter 25B.
827 (1) MPDU Incentive Density: Provision ofMPDUs above the minimum
828 required is calculated on the total number of dwelling units as
829 required by Chapter 25A, and the percent of incentive density
45
Ordinance No.: 17-09
830 increase is based on the proposed FAR for the entire project] [[, except
831 that achieving bonus density under Section 25A-5(c)(3), as amended
832 from time to time, entitles an applicant to incentive density points
833 under this Division equal to the bonus density percentage]].
834 MPDU Incentive Density: Provision ofMPDUs above the minimum
835 number of units required by Chapter 25A.
836 CAl MPDlJ units above the minimum number of units required, but
837 not more than 15 percent of all units, entitles the applicant to
838 12 incentiye density points for each 1 percent increase in
839 MPDUs. Any fraction of 1 percent increase in MPDUs entitles
840 the applicant to an equal fraction of 12 points.
841 au Above 15 percent ()f MPDU s, each 1 percent of additional
842 MPDUs entitles the applicant to an additional 2 benefit points;
843 any fraction of 1 percent increase in MPDUs entitles the
844 applicant to an equal fraction of 2 points.
845 MPDUs un4s:r this subsection may be provided in any manner
846 allowed by Chapter 25A.
847 [[
848 Example: Provision of 14.5% MPDUs is awarded [an incentive density of
849 120 % (see 25A-5(c)(3)). In the case ofa CR 4.5 zone that proposes 4.5
850 FAR, that equals 0.20 x 4.0 (the incentive density), which is 0.8 FAR] 20
851 points; provision of 13.0% MPDUs is awarded 5 points.
852
853
854
[[(2)]] [WFHU Incentive Density: Provision of] [[Up to 30 points for
providing Workforce Housing Units (WFHUs) at a rate otl] [is
]]
46
Ordinance No.: 17-09
855 calculated at the following rate:] [[2 times the percentage of total
856 units, excluding MPDUs]] [provided as WFHUs][[.
857
858 Example: Provision of 5% WFHUs is awarded [incentive density of] 1 0[%]
859 points; provision of 12% WFHUs is awarded [incentive density of] 24[%]
points. 860
861
862 ]]
863 (b) Adaptive Buildings: [Provision of buildings with] [[At least 10]] Up to 15
864 points for constructing commercial or [[mixed use]] mixed-use buildings
865 with minimum floor-to-floor heights of at least 15 feet on any floor that
866 meets grade and 12 feet on all other floors. Internal structural systems must
867 be able to accommodate various types of use with only minor modifications.
868 (c) Care Centers: [Child] Up to 20 points for constructing a child [[or]] day
869 care, adult day care [facilities]. or teen center facility", with spaces for at
870 least 15 users.
871 (d) Small Business [Retention] Opportunities: [Provision of] Up to 20 points
872 for providing on-site space for small, neighborhood-oriented businesses.
873 (e) Dwelling Unit Mix: [Provision of] [[At least 5]] Up to 10 points for
874 integrating a mix of residential unit types with at least 7.5% efficiency units,
875 8% I-bedroom units, 8% 2-bedroom units, and 5% 3-or-more bedroom
876 units.
877 (f) Enhanced Accessibility for the Disabled: [Provision of] Up to 20 points
878 for constructing dwelling units that satisfy American National Standards
879 Institute A117.l Residential Type A standards or [units that satisfy] an
880 equivalent County standard.
47
Ordinance No.: 17-09
881 (g} LivelWork: [[At least 10]] Up to 15 points for developments of up to 2.0
882 FAR total density that provide at least the greater of 3 units or 10% of the
883 total unit count as live/work units.
884 [59-C-15.86]59-C-15.855. [Incentives for quality] Quality building and site
885 design.
886 High quality design is especially important in urban, integrated-use to
887 ensure that buildings and uses are visually compatible with each other and
888 adjacent communities and to provide a harmonious pattern of development, and is
889 Due to [the] increased density [of] in these settings,
890 buildings tend to [have high visibility. High] be highly visible;. [[and]] high
891 quality design [may help to] helps attract residents, patrons, and businesses to
892 [locate in] these [settings] areas. Location, height, massing, fayade treatments, and
893 ornamentation of buildings affect sense of place, orientation, and the perception of
894 comfort and convenience. The quality of the built environment affects light,
895 shadow, wind, and noise, as well as the functional and economic value of
896 property. [In order to promote high quality design, the Planning Board may
897 approve incentive density of up to 300/0 to a project that provides at least 2 ofthe
898 following public benefits:]
899 (a) Historic Resource Protection: [Preservation] Up to 20 points for the
900 preservation and/or enhancement or payment towards preservation
901 [land/nor enhancement of a historic resource [indicated on] or a
902 contributing element within a historic district designated in the Master Plan
903 for Historic Preservation [in conformance with a plan approved by the
904 Historic Preservation Commission. A fee-in-lieu for a specific preservation
905 project may be paid to the Historic Preservation Division as specified in the
906 Guidelines for Public Benefits].
48
Ordinance No.: 17-09
907 (b) Structured Parking: [Parking provided] Up to 20 points for placing
908 parking within [a structure or below-grade] above- or below-grade
909 structures.
910 (c) Tower [Setback] Step-Back: [Setback of building] [[At least 5]] Up to 10
911 points for stepping back a building's upper floors by a minimum of 6 feet
912 [beyond] behind the first floor fayade [at a maximum height of]. The step
913 back must begin at a height no greater than 72 feet.
914 (d) Public Art: [Provision of] Up to 15 points for installing public art [must
915 be] reviewed for comment by, or paying a fee accepted by, the [Public Arts
916 Trust Steering Committee. A fee-in-lieu may be paid to the Trust as
917 specified in the Guidelines for Public Benefits] Arts and [[Humanity]]
918
919 (e) Public Open Space: [Provision of] Up to 20 points for providing, or
920 making a payment for, open space in addition to the minimum public use
921 space required by [the zone. Public open space must be easily accessible to
922 the public during business hours and/or at least from sunrise to sunset and
923 must contain amenities such as seating, plantings, trash receptacles, kiosks,
924 and water features] this Division.
925 [(f) Streetscape: Construction of off-site streetscape in addition to the
926 requirements of this division] [[.]]
927 ill Exceptional Design: [Building design that provides innovative solutions in
928 response to the immediate context; creates a sense of place and serves as a
929 landmark; enhances the public realm in a distinct and original manner;
930 introduces new materials, forms, or building methods; uses design solutions
931 to make compact infill development living, working, and shopping
932 environments more pleasurable and desirable; and integrates low-impact
49
Ordinance No.: 17-09
933 development methods into the overall design of the site and building.] Up to
934 10 points for building or site design whose visual and functional impacts
935 enhance the character of a setting and the purposes delineated in this
936 Section.
937 (g} Architectural Elevations: Up to 20 points for providing elevations of
938 architectural fas:ades and agreeing to be bound by particular elements of
939 design, such as minimum amount of transparency, maximum separation
940 between doors, awning provisions, sign restrictions, or lighting parameters
941 that affect the perception of mass [[,]] or pedestrian comfort, or enhance
942 neighborhood compatibility.
943 [59-C-15.87]59-C-15.856. [Incentives for] Protection and enhancement of the
944 natural environment.
945 [In order to combat sprawl and] [[Protection]] Protecting and [[enhancement ot]]
946 enhancing natural systems and [[decreases in]] decreasing energy consumption
947 help mitigate or reverse environmental [problems] impacts,. such as heat island
948 effects from the built environment, inadequate carbon-sequestration, habitat and
949 agricultural land loss, and air and water pollution caused by reliance on the
950 automobile, and are eligible for incentive density [, the Planning Board may
951 approve a density increase up to 300/0 for the public benefits in this Subsection:J:.
952 (a) Building Lot Termination(BLT): [CR zones require] Up to 30 points for
953 the purchase of BL T easements or payment to the Agricultural Land
954 Preservation Fund (ALPF) [for at least 5% but no more than 300/0 of the
955 incentive density under the following conditions]. The first 5 points are
956 mandatory for all developments in the CR zones; up to 25 additional points
957 are allowed as an option.
50
Ordinance No.: 17-09
958 (1) In the CR zones, an applicant must purchase BLT easements, or make
959 payments to the ALPF, in an amount equal to 50/0 of the incentive
960 density floor area under the following parameters:
961 One BL T must be purchased or equivalent payment made for
962 every 20,000 square feet of gross floor area to qualify for the
963 first 5% incentive density floor area; [[and]]
964 all Any private BL T easement must be purchased in whole units;
965 or
966 (Q BL T payments must be made to the ALPF, based on the
967 amount established by Executive Regulations under Chapter
968 2B; if a fraction of a BL T easement is needed, a payment based
969 on the gross square footage of incentive density must be made
970 for at least the fraction ofthe BL T easement.
971 (2) [BL T payments must be made to the Agricultural Land Preservation
972 Fund, based on the amount established by Executive Regulations
973 under Chapter 2B; if a fraction of a BLT easement is needed, a
974 payment based on the gross square footage of incentive density must
975 be made to the Agricultural Land Preservation Fund for at least the
976 fraction of the BL T easement.] Up to 25 points for the purchase of
977 BLTs[t,.11 or equivalent payments to the ALPF may be made for any
978 incentive density above 5%. Each BL T easement purchase or
979 payment is equal to 30,000 square feet of gross floor area, or such
980 proportionate square footage represented by a fractional BL T
981 purchase or payment. This is converted into points by dividing the
982 incentive density floor area covered by the purchase or payment by
983 the total square feet of the incentive density area.
51
Ordinance No.: 17-09
984 (3) In the CRT zones, BLT payments are optional; each BLT easement
985 purchase or payment is equal to 30,000 square feet of gross floor area,
986 or such proportionate square footage represented by a fractional BL T
987 purchase or payment. [(A) For the first 5% of incentive density,
988 each BL T easement purchase or payment allows 20,000 gross square
989 feet of incentive density or a proportion thereof, allowed by a
990 payment for a fraction of a BL T.
991 (B) For the incentive density above 5%, each BLT easement purchase or
992 payment allows 30,000 gross square feet of incentive density or a
993 proportion thereof, allowed by a payment for a fraction of a BLT.]
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
Example: Ifa 50,000 square-foot [[(sf) CR3.0]] CR-3.0 site is fully
developed, the incentive density available to be earned equals 125,000[[sfl]
square feet (150,000[[sfl] square feet - 25,000[[sfl]
125,000[[sfl] square feet). The 5% BLT requirement for 125,000[[.fl]
square feet equals 6,250[[sfl] square feet, which equals 0.32 BL T
(6,250[[sfl] square feet 120,000[[sfl] square feet = 0.32). If the applicant
seeks an additional 10 points through the purchase of BL Ts, 100/0 of the
incentive density is calculated, which in this case is 12,500[[sfl] square feet
(l25,000[[sfl] square feet x 0.10 = 12,500[[sfl] square feet). Because 1
BLT, above the required 5%, is equivalent to 30,000[[sfl] the
12,500[[sfl] .9uareJee1 requires a payment for an additional 0.42 BLTs
(12,500[[sfl] square feet 130,000[[sfl] square feet = 0.42). Together, the
required and incentive BLTs equal 0.74 BLTs for 15 points in the
Environment category.
1008 (b) Energy Conservation and Generation: [Provision of energy-efficiency
1009 that exceeds] [[At least 10]] Up to 15 points for constructing buildings that
52
Ordinance No.: 17-09
1010 exceed the energy-efficiency standards for the building type by 17.5% for
1011 new buildings or 10% for existing buildings [, or provision of]. At least 15
1012 points for providing renewable energy generation facilities on[[-]] site or
1013 within Yz mile of the site for a minimum of2.5% of the projected energy
1014 requirement for the development.
1015 (c) [Green] Vegetated Wall: [Installation] [[At least 5]] Up to 10 points for the
1016 installation and maintenance of a vegetated wall that covers at least 30% of
1017 any blank wall or parking garage fa<;ade that is at least 300 square feet in
1018 area and is visible from a public street or open space.
1019 (d) Tree Canopy: [Coverage] [[At least 10]] Up to 15 points for tree canopy
1020 coverage at 15 years of growth of at least 25% of the on-site open space.
1021 (e) Vegetated Area: [Installation] [[At least 5]] Up to 10 points for installation
1022 of plantings in a minimum of 12 inches of s o i l ~ covering at least 5,000
1023 square feet [of previously impervious surfaces]. This does not include
1024 vegetated roofs.
1025 (f) Vegetated Roof: [Provision] [[At least 10]] Up to 15 points for installation
1026 of a vegetated roof with a soil depth of at least 4 inches covering at least
1027 33% of a building's roof, excluding space for mechanical equipment.
1028 (g) Cool Roof: [[At least 5]] Up to 10 points for constructing any roof area that
1029 is not covered by a vegetated roof with a minimum solar reflectance index
1030 (SRI) of75 for roofs with a slope at or below a ratio of2:12, and a
1031 minimum SRI of25 for slopes above 2:12.
1032 (h) Recycling Facility Plan: [[At least 5]] Up to 10 points for providing a
1033 recycling facility plan to be approved as part of a site plan for buildings that
1034 must comply with Montgomery County Executive Regulation 15-04AM or
1035 Montgomery County Executive Regulation 18-04.
53
Ordinance No.: 17-09
1036 ill Habitat Preservation and Restoration: Up to 20 points for protection,
1037 restoration, or enhancement of natural habitats, [[onsite]] on site or within
1038 the same local watershed, which are in addition to requirements of the
1039 Forest Conservation Law or other county laws.
1040 [59-C-15.88. Advanced dedication of right-of-way.
1041 When sketch plans or site plans are approved, the Planning Board may allow an
1042 incentive density not to exceed 30% for a prior dedication of rights-of-way for
1043 roadways, sidewalks, or bikeways recommended in the applicable master or sector
1044 plan, if the County or the State is responsible for constructing the facility on the
1045 right-of-way.]
1046 59-C-15.857. Retained Buildings.
1047 Development that:
1048 ~ maintains 75% of the structural system of the existing building:
1049 (h1 uses an architectural deconstruction company or organization to remove
1050 recyclable materials prior to any demolition: and
1051 !l submits documentation showing compliance with these criteria before the
1052 County issues a building pennit for a new development
1053 may receive public benefit points. detennined by applying the following fonnula:
1054 Public benefit points in CR zones =
1055 (Retained gross floor area / Incentive density gross floor area) x 100:
1056 Public benefit points in CRT zones =
1057 (Retained gross floor area / Incentive density gross floor area) x 50.
1058 59-C-15.9. Existing Approvals.
1059 (a) One or more lawfully existing buildings [ o r ] ~ structures [and the], or uses
1 060 [therein which I[ [ ~ ] ] that predate the [applicable sectional map amendment]
1061 application of the CR zone to the [[site]][,] land are confonning structures
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1062 or uses[[,]] and may be continued, renovated, repaired, or reconstructed to
1063 the same size and configuration, or enlarged up to a total of 10 percent
1064 above the total existing 1oor areas of all buildings and structures on site or
1065 30,000 square feet, whichever is less, and such development does not
1066 require a site plan. [Enlargements] Expansions in excess of the limitations
1067 in this Subsection will require compliance with the full provisions of this
1068 Division. Uses located in a building or structure deemed conforming under
1069 the provisions of this Subsection may be converted to any permitted non
1070 residential or residential use(s) up to the density limits for the land use
1071 established by the CRT, CRN, or CR zone.
1072 (b) A project that received an approved development plan under Division 59-D
1073 1 or schematic development plan under Division 59-H-2 before the
1074 [enactment] application of the CR zones to the [[site]] land may proceed
1075 under the binding elements of the development plan and will thereafter be
1076 treated as a lawfully existing building, and may be renovated or
1077 reconstructed under Subsection (a) above. Such development plans or
1078 schematic development plans may be amended as allowed under Division
1079 59-D-l or 59-H-2 under the provisions of the previous zone; however, any
1080 incremental increase in the total floor area beyond that allowed by
1081 Subsection (a) above or any incremental increase in building height greater
1082 than 15 feet requires, with respect to the incremental increase only, full
1083 compliance with the provisions of this Division. Any failure to fully
1084 comply with the binding elements of the development plan will require full
1085 compliance with the provisions of this Division.
1086 (c) At the option of the owner, any portion of a project subject to an approved
1087 development plan or schematic development plan described in Subsection
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1088 (b) above may be developed under this Division. The remainder of that
1089 project continues to be subject to the approved development plan or
1090 schematic development plan[[,]] under Subsections (a) and (b).
1091 (d) A project which has had a preliminary or site plan approved before the
1092 [[applicable sectional map amendment]] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
1093 property may be built or altered at any time, subject to either the full
1094 provisions of the previous zone or this [division] Division, at the option of
1095 the owner. If built under the previous approval, it will be treated as a
1096 [lawfully existing building] conforming building, structure, or use and may
1097 be renovated. continued, repaired, or reconstructed under Subsection (a)
1098 above. Ifbuilt with an incremental increase over the previous approval, only
1099 that incremental increase must comply with this Division.
1100 W
A project that has had a special exception approved before application of
1101 the CR zone to the site may continue as a lawfully existing use as long as it
1102 fully complies with the terms and conditions of its approval. Any failure to
1103 fully comply with the terms and conditions ofthe special exception
1104 approval will require full compliance with the provisions of this Division.
1105 If a special exception holder chooses to operate under this Division instead
1106 of under the special exception, written notice must be provided to the Board
1107 of Appeals that the special exception has been abandoned.
1108 * * *
1109 Sec. 3. Effective date. This ordinance takes effect 20 days after the date of
1110 Council adoption.
1111
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1112 This is a correct copy of Council action.
1113
1114
1115 Linda M. Lauer, Clerk of the Council
57