Consolidated Review Draft: Companion Document

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1 Cnslidated Review Draft: Cmpanin Dcument An Article by Article Summary f Changes - Current Cde t the Prpsed Cnslidated Draft July

2 59-1 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the cnslidated draft versin f Article 59-1, Purpse, Applicability, and the Use f the Cde. The purpse f this dcument is t highlight changes between the Current Cde and Prpsed Cde in the cntext f Article Div. 1.1 In General This is a new Divisin that describes the terms used t refer t the Zning Ordinance, ntes the effective date f the Cde, and includes a sectin abut repeal f the Current Cde, where the authrity fr the Cde cmes frm, and severability. Div. 1.2 Purpse Added paragraph B. abut interpretatin and applicatin f this Cde. Div. 1.3 Applicability Added a sectin n the applicability f the Cde. Deleted a paragraph regarding the July 1, 1997 annexatin f Takma Park that included prvisins abut hw t apply fr zning under Mntgmery Cunty regulatins during the transitin perid f March 31, 1997 t July 1, Div. 1.4 Use f the Cde This sectin is new and describes hw t use the Cde. It includes sectins n Cde Apprach; Crdinatin with Other Regulatins; Tables, Illustratins, and Examples; Cde Organizatin; and Step-by-Step Use f the Cde. 2

3 59-2 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the cnslidated draft versin f Article 59-2, Zning Districts. The purpse f this dcument is t highlight changes between the Current Cde and Prpsed Cde in the cntext f Article 59-2, which includes the znes established and their intent statements. Div Znes Established Renamed several znes and cnverted ther znes. A zne cnversin dcument, currently in prductin, explains hw and why znes have been renamed and cnverted. Div Euclidean Zne Intent Statements Added new intent statements fr new znes that d nt currently exist, such as the EOF and EG znes. Div Flating Zne Intent Statements Cnslidated several znes int three families f flating znes, and created new intent statements fr these znes. Div Zning Map The Zning Map will change in accrdance with the zne cnversin. The map has nt been finalized. 3

4 59-3 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the cnslidated draft versin f Article 59-3, Uses and Use Standards. The purpse f this dcument is t highlight changes between the Current Cde and Prpsed Cde in the cntext f Article Summary f Changes in General The prpsed draft cntains ne use table fr all uses acrss all znes. There are three levels f use apprval: Permitted (P), Limited (L), and Cnditinal (C). A permitted use is the same as in the current cde. These uses are allwed by right in the use table by the letter P. A limited use is a new term; it indicates a use that while allwed by right requires the applicant t meet specific, bjective use standards as indicated in this Article. Many f the uses indicated as a limited use represent permitted uses in the current cde that reference ftntes regarding specific use standards. A cnditinal use is als a new term, it replaces the current term Special Exceptin and the apprval prcess still requires review by either the Hearing Examiner r Bard f Appeals. The use table prvides a reference t the definitin f each use and any applicable use standards. This infrmatin is nw cnslidated in ne Article. A large number f uses have been cnslidated under ne term. There are nw six categries f uses: agricultural, residential, civic, cmmercial, industrial and miscellaneus. Fr detailed infrmatin regarding uses changed within each zne, either as a new use, a deleted use r hw the use is apprved (P, L, r C), see Appendix A: Uses Changes Acrss All Znes. 4

5 59-4 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the July 16, 2012 Cnslidated Draft, specifically Article 59-4, Euclidean Zning District Regulatins. The purpse f this dcument is t highlight the changes between the Current Cde and Prpsed Cde in the cntext f Article 59-4, which includes develpment standards (lt size, cverage, setback requirements, etc.), infill cmpatibility, and verlay znes. Summary f General Changes Added Building Types Building types are a new additin t the zning cde. They regulate the frm applicable t develpment within each zne. Fr instance, in a Residential zne a general building (which may be used fr a library) shuld be sited n a lt differently than a huse wuld be. Instead f having just ne set f develpment standards fr all building types within a zne (as is currently the case), the prpsed cde prvides develpment standards fr each building type allwed within the zne. It is imprtant t recgnize that building type des nt determine uses allwed within the structure. Illustratins and tables related t building types have been added as well. Separated ut Standard Methd frm Optinal Methd and Euclidean Znes frm Flating Znes While Article 59-4 prvides the verall rules n measurement and exceptins (site, lt, placement, cverage, setbacks, encrachments, etc.) it nly cntains the develpment standards fr Euclidean znes under the standard methd f develpment. Develpment standards fr develpment in Euclidean znes under Optinal Methd are nw in Article 59-6, Optinal Methd Develpment. Develpment standards and requirements fr Flating znes are nw in Article 59-5, Flating Zning District Regulatins. Added Build-t-Zne (BTZ) and Other Frm Standards The prpsed cde has added the cncept f a build-t-zne, which is the area n the lt where a certain percentage f the frnt building facade must be lcated. It applies nly t the Cmmercial/Residential and Emplyment znes. A Build-t-Zne helps t ensure that buildings are prperly sited n a lt and lcated within a certain distance f the street t achieve mre active streetscapes. The prpsed cde als prvides standards fr transparency, blank wall area, and allwed building elements (prch, stp, awning, gallery, etc.) fr the Cmmercial/Residential, Emplyment, and Industrial znes. Like a Build-t-Zne, prviding minimum transparency and blank wall area requirements helps t create a mre pedestrian-friendly envirnment with mre active streetscapes. Changed the Measurement f Height 5

6 1. In General The number f stries is n lnger a cmpnent f measuring height. The current requirement regarding stries adds cmplexity fcused n interir space. 2. In the Agricultural, Rural, and Residential Znes Currently height is measured differently in the existing R-60 and R-90 znes then it is in the rest f the Agricultural, Rural, and Residential znes. The prpsed cde takes the measurement f height in the R-60 and R-90 znes and applies it t all the Agricultural, Rural, and Residential znes. Height is still measured t the mean height level between the eaves and ridge f a gable, hip, mansard, r gambrel rf r t the highest pint f rf surface f a flat rf, but it is nw measured frm average grade calculated using the average f the highest and lwest elevatin alng pre-develpment r finished level f grund (whichever is mre restrictive) alng the frnt f the building parallel t the frnt setback line regardless f hw far set back frm the street the building is. The prpsed cde als discurages terracing as it des nt allw fr a building s height t be increased by the height f the terrace. The Department f Permitting Services and ther stakehlders nted that the many variatins in hw we currently measure height made it difficult t apply cnsistently and thught these changes wuld make measuring height easier and ensure better cnsistency f measurement while maintaining certain safeguards fr the Agricultural, Rural, and Residential znes. 3. In the Cmmercial/Residential, Emplyment, and Industrial Znes In the Cmmercial/Residential, Emplyment, and Industrial znes, height is nw measured t the highest pint f the rf as ppsed t the mean height level between the eaves and ridge f a gable, hip, mansard, r gambrel rf r t the highest pint f rf surface f a flat rf. Anther difference is that the current cde measures height frm the level f apprved street grade ppsite the middle f the frnt f a building, r, in the case f a building set back frm the street line 35 r mre, it is measured frm the average elevatin f finished grund surface alng the frnt f the building. The prpsed cde nly measures height frm grade, which is measured as the average elevatin f the tp f the curb adjacent t the frnt f the building. Als, because stries are n lnger used in measuring height, the restrictins fr height n a slped lt had t be mdified t maintain the intent f the slped lt prvisin while fitting it int the prpsed methd fr measuring height. Added rftp renewable energy systems (such as slar panels) t height encrachments sectin t mdernize the cde and be flexible in allwing fr ther energy surces. 6

7 Deleted the fllwing frm the definitin f Infill Develpment: the cnstructin prpsed is mre than ne stry, excluding any basement if the average elevatin f the finished grade is higher alng the frnt f the dwelling than the average elevatin alng the rear f the dwelling. This language was remved because stries are n lnger being used t determine height therefre infill cmpatibility standards are prpsed t apply t all huses regardless f the number f stries. Added stry height as a dimensinal standard in the Cmmercial/Residential, Emplyment, and Industrial znes t ensure flexibility fr mixed-use develpment. Deleted the standard pertaining t the percent f rear yard that the accessry structure is allwed t cver in the Rural and Residential znes and are allwing accessry structures within the side yard in Residential znes, althugh the accessry structures need t be a certain distance behind the frnt building line. This was a cnsultant recmmendatin t add flexibility t Residential znes, upn further review accessry structure regulatins may be retained requiring structures t be in the rear yard nly. If s, the percentage f rear yard cverage will als be retained. Deleted the sum f side yards requirement in the Agricultural, Rural, and Residential znes in rder t simplify the dimensinal standards, retaining currently required minimum side yard setbacks. Deleted the standard fr Accessry, Setback, Natinal Histric Park Bundary frm the Rural znes and the RE znes. This was a cnsultant recmmendatin t simplify the standards. Upn further review this prvisin may be retained under the special prvisin language cntaining regulatins n scenic setbacks. Created Euclidean Twnhuse znes t prvide planners mre flexibility when ging thrugh the master plan prcess. Mved the regulatins regarding accessry structures husing animals r fwl t the use standards under Animal Husbandry. Setbacks and frm standards have been mdernized in the cmmercial, mixed use znes. Intrduced parking setbacks in the Cmmercial/Residential, and Emplyment, znes t encurage a less aut-dminated frm and imprved pedestrian envirnment. Residential Zne-Specific Changes In the RDT zne (prpsed t be the AR zne): Added a flexible lt alternative. This alternative maintains the density f ne dwelling unit per 25 acres, but caps the lt size at 3 acres, and requires the remainder f the 25-7

8 acre site t be placed in cnservatin r an agricultural easement. This change was made t cdify cmmn alternative, which is a way f preserving mre agricultural land. Increased the rear setback fr accessry structures frm 10 t 15 t prvide added prtectin fr neighbring prperties given accessry structures can be 50 in height r any height if they re an agricultural structure. In the Rural zne (prpsed t be the RR zne): Increased the rear setback fr accessry structures frm 10 t 15 t prvide added prtectin fr neighbring prperties given accessry structures can be 50 in height r any height if they re an agricultural structure. In the RC zne: Increased the rear setback fr accessry structures frm 10 t 15 t prvide added prtectin fr neighbring prperties given accessry structures can be 50 in height r any height if they re an agricultural structure. In the RNC zne: Created develpment standards fr the twnhuse building type. The current cde allws twnhuses by right in the RNC but des nt prvide develpment standards specific t a twnhuse. Increased the rear setback fr accessry structures frm 10 t 15 t prvide added prtectin fr neighbring prperties given accessry structures can be the same height as a huse r any height if they re an agricultural structure. In the RE-2 zne: Decreased cverage frm 25% t 15% t be cnsistent with ther large lt Rural and Residential znes. In the RE-2C zne: Decreased cverage frm 25% t 15% t be cnsistent with ther large lt Rural and Residential znes. In the R-200, R-150, and RMH-200 zne (prpsed t be the RLD-20 zne): Changed the building height frm 50 (fr nn-infill Develpment) and anywhere frm 30 t 45 fr Infill Develpment depending n lt size t 40 fr a flat rf and 35 fr a pitched rf. The 50 building height in the dimensinal standards table fr these znes is n lnger relevant due t ftnte 11 which changed the height fr any lt that was the site f a building permit applicatin filed after April 28, The height f 40 fr a flat rf r 35 fr a pitched rf is derived frm the current infill standard fr a lt size between 15,000 25,000 square feet. In additin, this is a simplificatin designed t 8

9 make the cde clearer and easier t use and t make develpment by zne mre transparent. Decreased the height f accessry structures frm 50 t 35 fr better cmpatibility and neighbr prtectin and t prevent an accessry structure in this residential area frm being the same scale as a huse. In the R-90 zne (prpsed t be the RMD-9 zne): Deleted the requirement that increased the side setback and rear setback f an accessry structure if it was greater than 15 in height r had a length alng a rear r side prperty line which has a linear dimensin greater than 24. This requirement was deleted t simplify the develpment standards. Increased the height f an accessry structure frm 20 t 25. Early draft recmmendatin by cnsultant, upn further review height may be retained at 20. In the R-60 zne (prpsed t be the RMD-6 zne): Deleted the requirement that increased the side setback and rear setback an accessry structure if it was greater than 15 in height r had a length alng a rear r side prperty line which has a linear dimensin greater than 24. This requirement was deleted t simplify the develpment standards. Increased the height f an accessry structure frm 20 t 25. Early draft recmmendatin by cnsultant, upn further review height may be retained at 20. In the R-40 zne (prpsed t be the RMD-4 zne): Fr a detached huse, deleted the requirement that increased the side setback and rear setback an accessry structure if it was greater than 15 in height r had a length alng a rear r side prperty line which has a linear dimensin greater than 24. This requirement was deleted t simplify the develpment standards. Fr a detached huse, increased the height f an accessry structure frm 20 t 25. Early draft recmmendatin by cnsultant, upn further review height may be retained at 20. Fr a duplex, changed the side interir setback frm 10 t the same as the abutting zne if abutting Agricultural, Rural, and Residential zne r 0 r 5 abutting all ther znes. Early draft recmmendatin by cnsultant, upn further review this standard may be retained at 10. In the R-30, R-20, and R-10 znes (prpsed t be the RHD-3, RHD-2, and RHD-1 znes, respectively): Deleted the standard fr the minimum lt width at frnt building line fr a crner lt and fr any lt used fr multiple-grup dwellings. This requirement was deleted t simplify the develpment standards. 9

10 Deleted the standard fr the setback frm the street center line. This requirement was deleted fr simplificatin and cnsistency with setback measure fr ther znes. Deleted the standard fr distance between buildings. Early draft recmmendatin by cnsultant, upn further review this standard may be retained. Deleted the standard fr maximum building height n a lt f less than 5 acres. Early draft recmmendatin by cnsultant, upn further review this standard may be retained. Added height maximums t the R-10 zne (prpsed t be the RHD-1 zne) because nne existed. In the I-4 zne (prpsed t be the IL zne): Reduced the green area requirement t 10% due t the cnslidatin f I-1 and I-4 int IL. Overlay znes Fur verlays znes have been retained frm the current cde: Neighbrhd Prtectin Overlay -Garrett Park, Special Prtectin Area Overlay -Upper Paint Branch, Special Prtectin Area Overlay - Upper Rck Creek, and TDR Overlay zne. Several f the current verlay znes were created t limit height and/r uses, thus, where pssible these limitatins have been incrprated int the zne cnversin thrugh new znes which specify height and cmmercial/residential mix. A further review f the current verlay znes and cnversin is nging and the retentin f additinal current verlay znes is pssible. The fllwing is a brief, preliminary verview f the current verlay znes nt retained, and why: - The Retail Preservatin Overlay zne fr the Wheatn CBD was remved by the recent sectr plan. - The Retail Preservatin Overlay zne fr the Arlingtn Rad District f the Bethesda CBD sectr plan may n lnger be necessary as the recmmended 0.5 FAR is captured by new zning limit in the C/R znes. The requirement f a site plan will be captured fr all develpment abve a threshld f 10,000sf, 10 units r 40 in height. Under further review. - The US 29/Cherry Hill Rad Emplyment Area Overlay zne f the Fairland Master Plan is being revisited in the pending White Oak Science Gateway Master Plan. - The verlay zne fr the Burtnsville Emplyment Area f the Fairland Master Plan may be unnecessary as the predminant I-3 land is being cnverted t the mre permissive EOF zne that allws the expanded mix f uses allwed by the verlay zne and des nt allw mst intense manufacturing that the verlay restricted in additin EOF als restricts retail sales & service t smaller businesses. Develpment standards are mdernized and subject t cmpatibility standards with mre flexible 10

11 prcess-driven standards (site plan) if intensity exceeds certain threshlds. Further review f the underlying znes and uses is underway. - Chevy Chase Cmparisn Retail Overlay zne may n lnger be necessary fr the fllwing reasns: the purpses f the verlay zne are directly related t the recmmendatins f the master plan, which is nw a cnsideratin f every site plan, standard methd develpment thrugh zne cnversin will result in a lwer maximum square ftage than that established in the verlay zne, and the mix f develpment, as indicated in the verlay, will be set by the C, R, and H elements in the new zne. In additin, a site plan is nw required at a lw threshld (required f prjects greater than 10,000sf, 10 units r 40 in height) and the findings required by the verlay zne are nw findings required f all site plans. - Chevy Chase Neighbrhd Retail Preservatin Overlay zne may be unnecessary as the site is develped per the master plan and nw has a site plan cntrlling redevelpment. - Sandy Spring/Ashtn Rural Village Overlay zne may be recnsidered as part f the minr master plan amendment prcess being prpsed fr the Sandy Spring Village Center. Hwever, may need t retain the restrictins n the residential znes. This verlay is under further review. - Fentn Village Overlay zne may be unnecessary as fine-tuned height requirements, frm standards (parking behind buildings), review prcess, and transfer f public use space is substantially captured by zning and prpsed develpment regulatins. - Ripley/Suth Silver Spring Overlay zne may be unnecessary because fine-tuned height requirements, frm standards (parking behind buildings), review prcess, and transfer f public use space is substantially captured by zning and prpsed develpment regulatins. - Takma Park/East Silver Spring Cmmercial Revitalizatin Overlay zne may n lnger be necessary with the revised use tables fr CRN and CRT znes; updated develpment standards that remve setback barriers as recmmended in the verlay zne; the allwance f dwelling units; the restrictin f height n the zning map; the prcedure fr site plan at lw threshlds f intensity will capture all prjects greater than 10,000sf, 10 units r 40 in height; and the findings fr master plan cnfrmance required fr all site plans. Existing buildings and uses will be generally grandfathered. Further review f use cmpatibility is underway. - Neighbrhd Retail Overlay zne may be unnecessary as the allwance fr neighbrhd-serving retail is allwed as a limited use in the RHD-1 zne in accrdance with the purpse f the verlay zne and site plan apprval with a finding f master plan cnfrmance is required. This verlay is under review and may be retained. - Rural Village Center Overlay zne may be unnecessary as density and height are set by zne (FAR f 0.25 and a height f 35 ); land uses are restricted by CRN zne; 11

12 setbacks fr cntext are established by zne; green area has been mdernized t apprpriate type and scale and new strmwater and buffering regulatins will dictate pen space; parking standards have been mdernized fr mre green area and better siting; the prcedure fr site plan is set at lw threshlds f intensity; and the findings fr master plan cnfrmance is required fr all site plans. Further review f use cmpatibility is underway. 12

13 59-5 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the cnslidated draft versin f Article 59-5, Flating Zning District Regulatins. The purpse f this dcument is t highlight changes between the Current Cde and Prpsed Cde in the cntext f Article Summary f General Changes 59-5 is cnsidered a new sectin since its apprach t Flating znes is distinct frm the Current Cde. There are 3 categries f Flating znes, and three znes within each categry: Residential Flating znes: Residential Detached Flating; Residential Twnhuse Flating; Apartment Flating Cmmercial/Residential Flating znes: CRN Flating; CRT Flating; CR Flating Emplyment Flating znes: EG Flating; EOF Flating; ELS Flating 13

14 59-6 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the July 16, 2012 Cnslidated Draft, specifically Article 59-6, Optinal Methd Regulatins. The purpse f this dcument is t highlight the changes between the Current Cde and Prpsed Cde in the cntext f Article 59-6, which includes Optinal Methd MPDU Develpment in Rural and Residential Znes, Optinal Methd Cluster Develpment in Rural and Residential Znes, and regulatins fr ptinal methd develpment in the Cmmercial/Residential and Emplyment znes including public benefits, and Optinal Methd TDR Overlay develpment. Summary f General Changes All types f ptinal methd develpment standards and requirements are cnslidated in ne place in the cde. Added public benefit pint system fr ptinal methd develpment in the fllwing znes: CR (CBD, TMX) CRT (C-1, C-2, C-4, RMX, MXTC, TOMX) ELS (LSC, R&D) EOF (CO) Mdified usable area definitin received a request frm ne ZAP member t eliminate the deductins frm usable area fr certain radway dedicatins and fldplains. Retained the deductin related t master planned right-f-ways, mdified the fldplain deductin t refer instead t envirnmental buffers and clarified deductin based n a percentage f tract within the buffer rather than the subjective standard in the current cde. Changed the requirement fr green area fr Optinal Methd MPDU Develpment in the Residential znes frm a set minimum square ftage t a minimum percentage f usable area. These mdificatins have been prpsed t prvide mre flexibility in design and prvide a green area that better fits the scale f develpment. Remved the different lt size and setback requirements fr MPDU units, which are captured in ftnte 7. Instead, the prpsed draft recmmends slight reductins in lt sizes fr all units under MPDU ptinal methd develpment. These mdificatins have been prpsed t prvide mre flexibility in design and prvide cmmn utdr area that better fits the scale f develpment. Deleted the prvisin in Optinal Methd MPDU Develpment, that said if the abutting lt is nt develped under the prvisins f this sectin (MPDU Optinal Methd), the yard abutting that lt must be increased by ne ft fr each 2 feet f height abve 35 feet. The maximum allwed height is 40 s fr simplificatin f develpment standards this requirement has been remved. 14

15 Mdified the setback frm a public street in ptinal methd cluster develpment (decreased it by 5 fr RE-2C and RE-1 and increased it by 5 in the RMD-6). Mdified minimum lt sizes (reducing them all, except fr detached huse in RMD-9), reduced minimum lt width fr twnhuses and required pen space (increasing this since a specific amunt is nt currently required) fr ptinal methd cluster develpment in the Residential Detached znes. These mdificatins have been prpsed t prvide mre flexibility is design and placement while als ensuring adequate buffering. Additin f public benefit pints fr develpment in cmmercial and mixed-use znes and the neighbrhd cmpatibility prvisin (angular plan and setback restrictins based n cnfrnting r abutting Agricultural, Rural, r Residential Detached znes). Zne-Specific Changes In the RNC zne: Remved the prvisin in ptinal methd MPDU develpment that allws fr the Planning Bard t waive the 10 acres minimum useable area requirement where the prperty abuts an existing prperty develped under the prvisins f this sectin, and the resulting develpment is a lgical extensin f the existing develpment. Early draft recmmendatin by cnsultant, upn further review this prvisin may be retained Remved the prvisin abut lts develped in the RNC under ptinal methd must be cnnected t a cmmunity water and sewerage system, unless it can be demnstrated at the time f subdivisin that a limited number f lts n a private well and septic facility within the cluster will prvide a mre beneficial subdivisin design because f envirnmental and cmpatibility reasns. Early draft recmmendatin by cnsultant, upn further review this prvisin may be retained. Added an actual minimum (5%) fr the required cmmn utdr area. The current cde says that cmmn utdr area is required in additin t rural pen space, but it desn t say prvide a minimum requirement. Added develpment standards fr detached huse, duplex, and twnhuse in ptinal methd develpment. In the RE-2C zne: Allwing up t 100% duplex and/r twnhuse units in Optinal Methd MPDU Develpment if Planning Bard finds that the prpsed develpment is mre desirable frm an envirnmental perspective, r that, because f site cnstraints, the prpsed number f MPDUs culd nt be achieved under the develpment regulatins fr the required number f detached huse units. In the current cde, this allwance is nly fr the R-200, R-90, and R-60 znes. Staff believes this change is an versight that will be crrected in the next draft. 15

16 In the RE-1 zne: Allwing up t 100% duplex and/r twnhuse units in Optinal Methd MPDU Develpment if Planning Bard finds that the prpsed develpment is mre desirable frm an envirnmental perspective, r that, because f site cnstraints, the prpsed number f MPDUs culd nt be achieved under the develpment regulatins fr the required number f detached huse units. In the current cde, this allwance is nly fr the R-200, R-90, and R-60 znes. Staff believes this change is an versight that will be crrected in the next draft. In the R-90 zne (prpsed t be the RMD-9 zne): Deleted the prvisin attached t twnhuses in cluster develpment that says they are nt permitted in clusters less than 10 acres in size. In clusters f 3 acres r mre, permitted when recmmended n a master r sectr plan apprved and adpted after Octber 30, Early draft recmmendatin, upn further review this prvisin may be retained. In the R-60 zne (prpsed t be the RMD-6 zne): Deleted the prvisin attached t twnhuses in cluster develpment that says they are nt permitted in clusters less than 10 acres in size. In clusters f 3 acres r mre, permitted when recmmended n a master r sectr plan apprved and adpted after Octber 30, Early draft recmmendatin by cnsultant, upn further review this prvisin may be retained. In the IL zne: IL n lnger has an ptinal methd f develpment because in the current cde, all yu can achieve thrugh ptinal methd is additinal height. Prpsed cde requires a site plan fr any develpment ver 40 in height in this zne; ne f the findings fr a site plan is cmpatibility with the master plan and neighbrhd, thus site plan review under standard methd fr prjects ver 40 achieves the same gal. In the TDR Overlay zne: Standardized the rati f dwelling units fr each TDR s that ne TDR gets yu ne detached huse unit, 2 units in a duplex r twnhuse building type, r 3 units in an apartment/cnd building type. This standardizatin creates cnsistency acrss znes. 16

17 59-7 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the cnslidated draft versin f Article 59-7, General Develpment Regulatins. The purpse f this dcument is t highlight substantive changes between the Current Cde and Prpsed Cde in the cntext f Article Div Site Access Included alternative cmpliance sectin Added maximum width fr driveway access Added maximum number f driveways allwed alng the prperty frntage f the street Div Parking, Queuing and Lading Frmatted parking requirements int a table Overhauled vehicle parking requirements (see 59-7 Parking Requirement Cmparisn Table) based ff f recmmendatins frm MCDOT s Parking Plicy Study Mdified Parking Lt Districts (per impending changes t Chapter 60) PLDs rebranded as Parking Benefit Districts Tw types f Parking Benefit Districts Primary and Secndary Overhauled minimum vehicle parking requirements Established maximum vehicle parking requirements Created new adjustments fr applicants seeking t create less parking than requirement t lwer vehicle parking requirements Overhauled bicycle parking requirements in all znes Bicycle parking requirements are determined by the use, rather than as a percentage f vehicle parking requirements. Percentage f bicycle parking requirements must be lng-term, as determined by the use Overhauled vehicle parking design standards Increased maximum percentage f cmpact spaces allwed (as a % f ttal # f spaces) frm 10% t 15% Deleted special parking design standards fr reginal shpping centers Added new standards fr electric plug-in spaces Added carshare space requirement fr facilities with 50 r mre reserved parking space, and remved carshare space prvisin frm existing C/R znes Overhauled bicycle parking design standards Added additinal standards fr lng-term parking and shrt-term parking Mved landscaping and lighting standards fr parking t Div. 7.5., Landscaping and Outdr Lighting standards Added new design standards fr lading facilities Included alternative cmpliance sectin Div Open Space Cnslidated pen space requirements fr all znes int ne table Renamed green area requirements fr residential develpment t cmmn utdr area Mdified pen space requirements t be determined by building type 17

18 Included alternative cmpliance sectin Div Recreatin Facilities Cdified guidelines fr recreatin facilities int standards Adjusted demand calculatins fr recreatin facilities based n building type Adjusted supply calculatin fr reactin facility type Deleted and added new recreatin facility types Mdified recreatin facility standards and specificatins t be mre flexible fr mixeduse and infill develpment Included alternative cmpliance sectin Div Landscaping and Outdr Lighting Cnslidated landscaping and utdr lighting standards int ne place Cdified guidelines fr buffering, landscaping, and lighting standards in znes ther than C/R Prhibited invasive species in required rnamental planting areas Referenced specific landscape design manuals fr standards Incrprated landscaping and lighting standards fr parking Included alternative cmpliance sectin Div Signs Added illustratins fr sign rdinance sectin Included alternative cmpliance sectin Div Outdr Strage and Display Included alternative cmpliance sectin 18

19 59-8 Cnslidated Draft Cmpanin Dcument This dcument is a cmpanin dcument fr the July 16, 2012 Cnslidated Draft, specifically Article 59-8, Administratin and Prcedures. The purpse f this dcument is t highlight the changes between the Current Cde and Prpsed Cde in the cntext f Article 59-8, which includes the District Cuncil, regulatry, and administrative apprval prcesses. This article is still under review; a few sectins remain t be cmpleted, including nticing, and nncnfrmities. Summary f General Changes Added tw verview tables indicating the authrity granted t the varius bdies under this chapter and an verview f the apprvals required. Apprvals are frmatted t cntain identical sectin headers identifying steps in the applicatin prcess frm applicability t recrding prcedures. Plans are designed t cntain cumulative submittal requirements and findings t reduce redundancy. Hearing dates are set upn acceptance f applicatin. District Cuncil Apprvals: The Develpment Plan, Diagrammatic Plan, and Schematic Develpment Plan have been cnslidated int ne applicatin: the Flating Zne Map Amendment. A Flating Zne Map Amendment is intended t clarify the submittal requirements necessary fr apprval f rezning. The Flating Zne Map Amendment des nt require the submissin a Natural Resurces inventry (NRI), Strmwater Management Cncept, r a Preliminary Frest Cnservatin Plan (these will be required during preliminary and site plan review). In additin, ther retained submissin requirements have been mdified t include nly thse elements necessary t determine the apprpriateness f the requested rezning. Created a Change r Mistake Map Amendment t clarify the distinctin between it and a request fr rezning t apply a flating zne. Mdified the time frame fr the Hearing Examiner hearing n a Flating Zne Map Amendment r a Change r Mistake Map Amendment t within 90 days. Clarified tw levels f crrective map amendments, a Minr Crrective Map Amendment and a Majr Crrective map Amendment. Simplified language regarding Sectinal Map Amendment submittal requirements. Mdified findings t cncentrate n big picture issues, allwing site plan review t cver detailed review. 19

20 Expanded language n District Map Amendments t tie the prcess t implementatin f a cmprehensive plan r functinal master plan. Intrduced a deadline fr hlding the public hearing assciated with the intrductin f a Zning Text Amendment. Intrduced a deadline fr the issuance f the reslutin fllwing the clse f recrd fr all amendments. Regulatry Apprvals: Cnditinal Use Plan Intrduced a Cnditinal Use Plan t replace the site plan required as part f a Special Exceptin applicatin. Submittal requirements include cncurrent review f frest cnservatin, strmwater management, and traffic issues rather than requiring pre-apprval. General findings fr all cnditinal uses have been mdified. Where a Cnditinal Use Plan is required, a site plan will nt be required fr that prtin f the site, unless required by the Hearing Examiner r Bard f Appeals. Mdified the time frame fr the Cnditinal Use Plan hearing t within 120 days instead f 75 days. Variance Made minr changes t Variance language fr clarity. Sketch Plan The Prject Plan has been replaced by the Sketch Plan. Sketch Plan is substantially similar t existing Sketch Plan in 59-C-15. Site Plan Requirement fr a Site Plan is determined by threshld instead f by zne. The threshlds are based n adjacent zning, grss flr area, number f units, and/r building height. In sme cases, a limited use may require a site plan. Submittal requirements include cncurrent review f frest cnservatin, strmwater management, and traffic issues rather than requiring preapprval. Mdified findings t include requirement fr master plan cnsistency. 20

21 Added a Site Plan Applicability Table t delineate the threshlds that trigger a Site Plan. Cdified the Develpment Review Cmmittee deadlines. Administrative Apprvals: Cleaned up language; edited fr cnciseness. This sectin is still under review. 21

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