TO: FROM: SUBJECT: MEMORANDUM County Council (LY Jeffrey L. Zyont!, g'enior Legislative Analyst Public Hearing Announcement - AGENDA ITEM #3B May 9, 2017 Public Hearing Announcement May 8, 2017 Revised Zoning Text Amendment 16-20, Overlay Zone-Bethesda Zoning Text Amendment (ZTA) 16-20, lead sponsor Council President at the request of the Planning Board, was originally introduced on December 6, 2016. ZTA 16-20 would establish a Bethesda Overlay zone with development standards, land use standards, and a process for the approval of development within the zone. ZTA 16-20 as introduced would implement the Planning Board's recommended Bethesda Downtown Plan. The Council held a public hearing on February 7, 2017, while the Plan was still under consideration by the Council. The intent of amended ZTA 16-20 is to implement the Bethesda Downtown Plan as amended by the Council. The Council is in the process of approving changes to the Bethesda Downtown Plan that warrant changes to the proposed Overlay zone. Staff has amended the ZTA to mirror the changes made by Council to the Plan. Given the significance of the draft changes, the Council will conduct a second public hearing on June 13, 2017 at 7:30 p.m. In the attached amended Bethesda Overlay Zone, some provision remain unchanged from the ZTA as introduced, some provisions are deleted, some provisions are amended, and some provisions are added. Staff is sufficiently humble to recognize that the proposed changes should be taken as a starting point for the public hearing and Council deliberations. The amended provisions for MPDUs will deserve attention. The Council established 15% MPDUs as the minimum percentage of units. The amended ZTA reflects that baseline change. Building height, density, and public benefit points in the amended ZTA have a changed starting points for existing flexibility. The details of those changes have not yet been the focus of Committee or Council attention. The following table may help readers navigate through the Staff-amended ZTA, and public comment would be most welcome.
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TO:
FROM:
SUBJECT:
MEMORANDUM
County Council (LY
Jeffrey L. Zyont!, g'enior Legislative Analyst
Public Hearing Announcement -
AGENDA ITEM #3B May 9, 2017
Public Hearing Announcement
May 8, 2017
Revised Zoning Text Amendment 16-20, Overlay Zone-Bethesda
Zoning Text Amendment (ZTA) 16-20, lead sponsor Council President at the request of the Planning Board, was originally introduced on December 6, 2016. ZTA 16-20 would establish a Bethesda Overlay zone with development standards, land use standards, and a process for the approval of development within the zone. ZTA 16-20 as introduced would implement the Planning Board's recommended Bethesda Downtown Plan. The Council held a public hearing on February 7, 2017, while the Plan was still under consideration by the Council. The intent of amended ZTA 16-20 is to implement the Bethesda Downtown Plan as amended by the Council.
The Council is in the process of approving changes to the Bethesda Downtown Plan that warrant changes to the proposed Overlay zone. Staff has amended the ZT A to mirror the changes made by Council to the Plan. Given the significance of the draft changes, the Council will conduct a second public hearing on June 13, 2017 at 7:30 p.m.
In the attached amended Bethesda Overlay Zone, some provision remain unchanged from the ZT A as introduced, some provisions are deleted, some provisions are amended, and some provisions are added. Staff is sufficiently humble to recognize that the proposed changes should be taken as a starting point for the public hearing and Council deliberations.
The amended provisions for MPDUs will deserve attention. The Council established 15% MPDUs as the minimum percentage of units. The amended ZTA reflects that baseline change. Building height, density, and public benefit points in the amended ZTA have a changed starting points for existing flexibility. The details of those changes have not yet been the focus of Committee or Council attention.
The following table may help readers navigate through the Staff-amended ZTA, and public comment would be most welcome.
Provisions in ZTA 16-20 as What is the change from the amended introduced ZT A (if there was a Questions
change)?
All references to priority sending This was referred in the introduced and receiving areas are deleted. ZT A. The Council deleted priority
sending and receiving areas.
All land uses in the underlying The introduced ZTA only restricted Is it intended to only limit zone would be allowed; however, land use in priority sending areas. surface parking when that is a site that transfers density may the principal use of the not be used for surface parking. property?
The additional building height The revised would allow additional Is this the appropriate that is allowed for more than building height for MPDUs above treatment ofMPDUs? 12.5% MPDUs would not apply 15%. The ZT A as introduced was to any for a project providing 15% less clear it is reference to the or fewer MPDU s. current code.
Bonus density, density transfers, The potential for exempting and MPDUs allowed to increase MPDUs from FAR changed from the floor area allowed by a the introduced ZTA. The ZTA as property's mapped FAR. introduced was silent on that point.
The FAR of all MPDUs is The revised would allow additional Should MPDUs be excluded excluded if the project provides a FAR for MPDUs above 17.5%. from density when 15% or minimum of 17.5% MPDUs. This was not addressed in the ZT A more MPDUs are provided
as introduced. (as they are elsewhere)?
The zone allows for the allocation This is not changed from the of Bonus Density on a frrst come, introduced ZTA. However, floor first served basis ... and use it area allowed by bonus density is within 2 years or lose its not stated. provlSlon.
To qualify for bonus density ... the Only the exemption from the park site must use the density, make a impact payment for 25% MPDUs park impact payment, unless the changed. project provides at least 25% MPDUs or provides on-site open space.
Comments from a Design Review As introduced, comments from the Panel are proposed to be required panel were only required for for all optional method projects. projects using bonus density.
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Provisions in ZTA 16-20 as What is the change from the amended introduced ZT A (if there was a Questions
change)?
Bonus density may be used for Use was limited to the use allowed Should bonus density be any land use. in the underlying zone. restricted to proportional
additions to the underlying zone?
All projects with residential units As introduced, 15% MPDUs was must provide 15% MPDUs. only required of projects using
bonus density.
No public benefit points for transit This provision is consistent with proximity or the first 15% of the policy that required attributes MPDUs. do not earn public benefit points.,
Public benefit points are awarded Points are awarded at 12 points for Are the public benefit points for projects that provide more every additional 1 % MPDU above for MPDUs above 15% than 15% MPDUs. 15%. appropriate?
Public benefit points allowed for This is a new provision from the Are the number of proposed the retention of market rate ZT A as introduced. public benefit points affordable units. appropriate?
10 points for the park impact The provision for excluding project Are the number of public payment but no public benefit from points when a payment is benefit points appropriate? point for projects using Bonus required is consistent with the Density (when the payment is policy that required attributes do required). not earn public benefit points.
Require at least 15 points from New requirement Should more points be energy conservation or allowed? Should a vegetative production. roof also be required?
Require at least 10 points for New requirement for all sites; Are the public benefit points exceptional design and a maximum number of points appropriate? The approved maximum of 30 points. increased. plan will require the
maximum number of points. Should that apply ifthe maximum is increased?
Allow a transfer of density from In the absence of any provision, Should this be from lower anywhere in the Overlay zone to a transfers must be within 114 mile of building height areas to site in the high performance area. the receiving site. higher building height areas?
Eliminate the requirement for Currently, 50% more public benefit Is this an appropriate way to additional public benefit points points are required. make density transfers for density transfers. easier?
3
Provisions in ZTA 16-20 as amended
The Planning Board may reduce the on-site open space required.
The minimum number of vehicle parking spaces are reduced by 20% with a further waiver possible.
This Packet Contains ZTA 16-20 with draft revisions
What is the change from the introduced ZTA (if there was a change)?
F:\Land Use\ZTAS\JZYONTZ\2016 ZT As\16-20 Bethesda Overlay Zone\ZTA 16-20 re ad 5-9.docx
4
Questions
Was this provision intended to only apply to project using Bonus Density?
Is the reduction appropriate? Is the additional waiver appropriate?
Zoning Text Amendment No.: 16-20 Concerning: Overlay Zone - Bethesda Draft No. & Date: 5-5/4/17 Introduced: December 6, 2016 Public Hearing: Adopted: Effective: Ordinance No.:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITIDN MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the Planning Board
AN AMENDMENT to the Montgomery County Zoning Ordinance to:
establish the Bethesda Overlay zone with defined terms, development and land use standards, and procedures for development approvals; and generally amend provisions concerning Overlay zones
By amending the following sections of the Montgomery County Zoning Ordinance, Chapter 59 of the Montgomery County Code:
"Transferable Development Rights (TDR) Overlay Zone" "Twinbrook (TB) Overlay Zone" "Upper Paint Branch (UPB) Overlay Zone" "Upper Rock Creek (URC) Overlay Zone"
And adding:
Section 1.4.2 Section 4.9.2.
"Bonus Density" "Bethesda (B) Overlay Zone"
EXPLANATION: Boldface indicates a Heading or a defined term. Underlining indicates text that is added to existing law by the original text amendment. [Single boldface brackets) indicate text that is deleted from existing law by original text amendment. Double underlining indicates text that is added to the text amendment by amendment. [[Double boldface brackets)] indicate text that is deleted from the text amendment by amendment. * * * indicates existing law unaffected by the text amendment.
ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County, Maryland, approves the following ordinance:
Zoning Text Amendment No.: 16-20
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Sec. 1. ARTICLE 59-1 is amended as follows:
* * * 3 Division 1.4. Defined Terms
4 * * * 5 Section 1.4.2. Specific Terms and Phrases Defined
6 In this Chapter, terms that are not specifically defined have their ordinary meaning.
7 The following words and phrases have the meanings indicated.
8 * * *
9 Bonus Density: See Section 4.9.2.C.2.a
10 * * * 11 Sec. 2. ARTICLE 59-2 is amended as follows:
12 Division 2.1. Zones Established
13 * * *
14 Section 2.1.3. Establishment of Zones
15 * * *
16 G. Overlay Zones
17 1. There are [18] 19 Overlay zone classifications:
18 a. Bethesda (B),
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[a] .Q. Burtonsville Employment Area (BEA),
[b] f. Chevy Chase Neighborhood Retail (CCNR),
[c] g. Clarksburg East Environmental (CEE),
[d] ~- Clarksburg West Environmental (CWE),
[e] f. Community-serving Retail (CSR),
[ f] g. Fenton Village (FV),
[g] h. Garrett Park (GP),
[h] !. Germantown Transit Mixed Use (GTMU),
[i] j. Montgomery Village (MV),
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2.
41 * * *
Zoning Text Amendment No.: 16-20
[j] k. Regional Shopping Center (RSC),
[k] 1. Ripley/South Silver Spring (RSS),
[l] m. Rural Village Center (RVC),
[m] g. Sandy Spring/ Ashton Rural Village (SSA),
[n] Q. Takoma Park/East Silver Spring Commercial Revitalization
(TPESS),
[o] :g_. Transferable Development Rights (TDR),
[p] g. Twinbrook (TB),
[q] r. Upper Paint Branch (UPB), and
[r] ~- Upper Rock Creek (~C).
Building types, uses, density, height, and other standards and
requirements may be modified by the Overlay zones under Section
4.9.2 through Section [4.9.19] 4.9.20.
42 Sec. 3. ARTICLE 59-4 is amended as follows:
43 Division 4.9. Overlay Zones
44 * * * 45 Section 4.9.2. Bethesda .(fil
46 A. Purpose
47 The pumose of the [[Hethesda]] B Overlay Zone is to [[appropriately
48 allocate density within the Bethesda Downtown area that will protect
49 existing residential neighborhoods, provide additional land for parks and
50 open space, expand the County's affordable housing inventory, promote
51 high quality desigtl, and modify density averaging provisions for Priority
52 Sending Sites]] implement the recommendations of the Bethesda Downtown
Zoning Text Amendment No.: 16-20
53 Plan as it relates to density. building heights. affordable housing goals.
54 parks. and design.
55 B.
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Land Uses
1. The land uses of the underlying zones are applicable.
2. Surface Parking for Use Allowed in the Zone is not allowed as a use
on~ [[Eriority Sending Site]] site from which density has been
transferred.
60 C. Development Standards
61 1. Building Height
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2.
[[a.]] Except as provided in subsection Q,_ the maximum building
height is limited to the height allowed in the underlying zone.
b. [[Subsection 4.7.3.D.6.c.i. only applies within the High
Performance Area designated in the Bethesda Downtown
Plan.]] If more than 15% of the number of the dwelling units in
~residential development are MPDUs under Chapter 25A, the
height limit of the applicable zone does not ill2Qly to the extent
required to provide MPDUs above 15%.
Density
[[A]] In the CR or CRT zone. a development may exceed the
[[mapped CR or CRT FAR]] mapped FAR on~ site if the
Planning Board approves[[.,_ on]]~ sketch [[and]] or site plan
[[,_]] under Section 7.3.3 or Section 7.3.4 that includes the
allocation of [[FAR]] gross floor area from Bonus Density FAR
Averaging under Section 4.9.2.C.5 .. or the provision of more
than 17.5% MPDUs.
Bonus Density
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Zoning Text Amendment No.: 16-20
Bonus Density is the total square footage of gross floor area Qy:
which approved development in the [[Downtown]] Bethesda
[[plan]] Downtown Plan area may cumulatively exceed the
maximum square footage of gross floor area allowed under the
mapped CR and CRT zones. Bonus Density is [[limited to
3,289,000 square feet]] the square footage of gross floor area
determined by subtracting the gross floor area of existing and
approved development from 32.4 million (the total gross floor
area recommended by the Bethesda Downtown Plan) .
[[b.]] 1. [[EAR]] The gross floor area allocated from Bonus
Density may be developed [[with any]] as Commercial or
Residential [[use allowed in the underlying zone]] square
footage in consistent with the Bethesda Downtown Plan's
recommendation for the site.
[[c.]] 2. To qualify for Bonus Density [[FAR]]~~ proposed
development must:
[[l.]] L, Use all gross floor area allowed by the
mapped CR or CRT FAR [[associated with the
property. Density may not be transferred from the
property ~l1 A propertv that was approved with
Bonus Density may not transfer Bonus Density to
any other propertv.
[[2.]] ii. [[rrovide ~minimum of li percent
MPDUs, excluding any Bonus Density transferred
from~ Priority Sending Site.]]
[[1J] Make ~ [[rark Impact Payment]] park
impact payment before the filing of any building
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Zoning Text Amendment No.: 16-20
permit application at ~ rate of $10 per square foot
of approved Bonus Density [(EAR]] gross floor
area: however. if the development includes at least
25% MPDUs. a park impact payment is not
required. If~ property owner dedicates land
designated in the master plan as ~
recommended[[/enhanced]] open space to the M
NCPPC Parks Department, the Planning Board
may reduce the amount of square footage for
which~ [[Park Impact Payment]] park impact
payment must be made.
[[4. Be reviewed .Qy the Design Review Advisory
Panel at sketch plan and site plan review to help
ensure the development achieves the highest level
design quality, consistent with the master plan,
design guidelines, and other applicable
requirements.
d. The Public Use Space requirement under Section 4.5.4.B.l.a
may be reduced hy the Planning Board.]]
[[ e. A project that makes ~Park Impact Payment may qualify for :!:!P
to 1Q incentive density points under the category of major
public facility.]]
c. For a proiect providing a minimum of 17.5% MPDUs. the gross
floor area of all of the MPDU s provided is exempt from the
calculation of FAR.
[[tAR Averaging
(j)
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Zoning Text Amendment No.: 16-20
The Bethesda Downtown Plan designates certain properties as
Priority Sending Sites to encourage the creation or enlargement
of urban parks, protect significant historic and community
resources, and retain existing affordable housing.
Density transferred from ~Priority Sending Site may be
included in~ sketch plan or site plan application for any CR or
CRT-zoned site within the Sector Plan Area boundary.
Density transferred from ~Priority Sending Site may be used
on another site without the Priority Sending Site being under
the same sketch plan or site plan.
Density transferred from~ Priority Sending Site is exempt from
the BLT purchase requirements of Section 4.7.3.F.1.a.
Before ~ certified site plan for~ development using density
transferred from an Open Space Priority Sending Site may be
approved, all development rights must be extinguished on the
Open Space Priority Sending Site !2y ~ recorded instrument
approved !2y the M-NCPPC.
Before ~ certified site plan for~ development using density
transferred from an Affordable Housing Priority Sending Site
may be approved, the owner of the sending site must enter into
an agreement with the Department of Housing and Community
Affairs to retain~ minimum of30 percent of the existing
affordable housing units, defined as 65 percent of Area Median
Income (AMI) or below, for 20 years.
Before ~ certified site plan for~ development using density
The following are exempt from Section [4.9.18] 4.9.19:
* * * C. Land Uses
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*
*
1. Except as listed in Section [4.9.18.C.2] 4.9.19.C.2 and Section
[4.9.18.C.3] 4.9.19.C.3, the land uses of the underlying zone apply.
The use standards of the underlying zone apply unless the
development standards in Section [4.9.18.D] 4.9.19.D are more
restrictive, in which case Section [4.9.18.D] 4.9.19.D must be
followed.
* 3. If validly existing on July 1, 1997, the uses in Section [4.9.18.C.2]
4.9.19.C.2 may be continued under the requirements in effect at the
time the use was established. Any expansion requires compliance with
the UPB Overlay zone.
* * 470 E.
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Waiver
The applicable review body may grant a waiver of the development
standards in Section [4.9.18.D] 4.9.19.D if it finds that: 472
473 * * * 4. Alternative water quality and control techniques are used to meet the
purposes of Section [4.9.18] 4.9.19.
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Section [4.9.19] 4.9.20. Upper Rock Creek (URC) Overlay Zone
* 478 B.
479
* * Exemptions
1. The following are exempt from Section [4.9.19] 4.9.20:
Zoning Text Amendment No.: 16-20
480 * * * 481 D. Waiver
482 The applicable review body may grant a waiver of the development
483 standards in Section [4.9.19.C] 4.9.20.C if it finds that:
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*
* * 4.
* *
Alternative water quality and quantity control techniques are used to
meet the purposes of Section [4.9.19] 4.9.20.
488 Sec. 4. OLD ZONING ORDINANCE TO NEW ZONING 489 ORDINANCE SECTION CROSS REFERENCE is amended as follows: 490
Old ZONING ORDINANCE Artide 59~C: Zonmg Districts; Regulations.
* * *
* * *
Sec. 59-C-18.11. Residential and open space preservation overlay zone for the Town of Garrett Park.
* * *
Sec. 59-C-18.14. Overlay zone for the Burtonsville Employment Area of the Fairland Master Plan.
New ZONING ORDINANCE
Sec. [4.9.8] 4.9.9. Garrett Park (GP) Overlay Zone
Sec. [4.9.2] 4.9.3. Burtonsville Employment Area (BEA) Overlay Zone
Sec. 59-C-18.15. Environmental Overlay Zone Sec. [4.9.18] 4.9.19. Upper Paint Branch (UPB) for the Upper Paint Branch Special Protection Overlay Zone Area
* * *
Sec. 59-C-18.17. Chevy Chase neighborhood retail preservation overlay zone.
Sec. [4.9.3] 4.9.4. Chevy Chase Neighborhood Retail (CCNR) Overlay Zone
491
492 *
Old ZONING ORDINANCE --
Article 59-C: Zoning Districts; Reglilations.-
Sec. 59-C-18.18. Sandy Spring/Ashton Rural Village Overlay Zone.
Sec. 59-C-18.19. Fenton Village Overlay Zone.
Sec. 59-C-18.20. Ripley/South Silver Spring Overlay Zone.
Sec. 59-C-18.21. Takoma Park/East Silver Spring commercial revitalization overlay zone.
Sec. 59-C-18.22. Neighborhood retail overlay zone.
Sec. 5 9-C-18 .23. Rural village center overlay zone.
Sec. 59-C-18.24. Environmental overlay zone for the Upper Rock Creek Special Protection Area.
* *
Zoning Text Amendment No.: 16-20
New ZONING ORDINANCE
Sec. [4.9.14] 4.9.15. Sandy Spring/ Ashton Rural Village (SSA) Overlay Zone
Sec. [4.9.7] 4.9.8. Fenton Village (FV) Overlay Zone
Sec. [4.9.12] 4.9.13. Ripley/South Silver Spring (RSS) Overlay Zone
Sec. [4.9.15] 4.9.16. Takoma Park/ East Silver Spring Commercial Revitalizations (TPESS) Overlay Zone
Sec. [4.9.6] 4.9.7. Community-serving Retail (CSR) Overlay Zone
Sec. [4.9.13] 4.9.14. Rural Village Center (RVC) Overlay Zone
Sec. [4.9.19] 4.9.20. Upper Rock Creek(URC) Overlay Zone
493 Sec. 4. Effective date. This ordinance becomes effective 20 days after the