MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

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1 MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION MCPB Item No. 10 Date: Zoning Text Amendment (ZTA) No , Planned Development (PD) Zones - Hotels Gregory Russ, Planner Coordinator, Functional Planning & Policy Division, gregory.russ@montgomeryplanning.org, Mary Dolan, Chief, Functional Planning & Policy Division, mary.dolan@montgomeryplanning.org Description Completed: 7/06/12 ZTA amends the provision for commercial uses in Planned Development (PD) zones by allowing hotels in high density planned development zones that have a minimum density of 44 dwelling units per acre. The proposed language further requires a hotel to meet the compatibility findings of the PD zones. The existing Zoning Ordinance language requires commercial uses that are not local serving to be proposed by the master plan in addition to meeting a compatibility finding. ZTA would eliminate the specific master plan recommendation requirement for a hotel but would retain a finding that the hotel be compatible with other uses within and adjacent to the development. Summary/Analysis Staff recommends approval of ZTA 12-09, with one modification, to allow hotels in high density planned development zones that have a minimum density of 44 dwelling units per acre. As introduced, the language requires a hotel to meet the compatibility findings of the PD zones. Staff recommends that an additional finding/requirement be included that states that the PD zone also must be located in close proximity to a central business district or transit station development area as defined in the zoning ordinance. Under the PD zone requirements, in addition to the local commercial facilities depicted on the master or sector plan and those local serving facilities permitted at the discretion of the District Council (upon a finding that they are compatible with the development and are necessary for the service of the residents of the proposed development and adjacent residential under certain parameters), other commercial and industrial uses may be permitted subject to the following conditions: (1) That such uses are proposed by the appropriate master plan to be located within the area covered by the planned development zone. (2) That such uses are so designed and located as to achieve the purposes of the planned development zone and to be compatible with other uses within and adjacent to the development. 1

2 ZTA would specifically allow hotels in high density planned development zones that have a minimum density of 44 dwelling units per acre without a master or sector plan recommendation for such but with a requirement that the hotel use be compatible with other uses within and adjacent to the development. Staff believes that in certain circumstances hotels can be appropriate and compatible uses as part of a high density PD zone development. Staff recommends that an additional finding/requirement be included to specify that the PD zone must be located in close proximity to a central business district or transit station development area as defined in the zoning ordinance. This would be consistent with language used in the compatibility section of the PD zones addressing setbacks from one-family detached residential zones and consistent with areas typically designated for higher density development. The intent of this language as it has been interpreted by the District Council in a number of local map amendment cases is to distinguish areas that are close to a CBD, where residents should expect commercial uses nearby, from areas with no CBD in sight, where residents may expect a higher degree of privacy, quiet and residential setting. Although the language is not specific, it does allow a developer as part of a local map amendment (Development Plan) or Development Plan Amendment (DPA) to show how the site meets the criteria and how the hotel is compatible with other uses within and adjacent to the development. Master/Sector Plan Impacts As shown on the attached map (Attachment 2), there are a total of 3 existing sites in the County that are zoned PD-44 or greater, two within the 2006 Woodmont Triangle Amendment to the Bethesda CBD Sector Plan, and the third within the Bethesda CBD Sector Plan. Below is a summary of the approved rezoning and the most recent development plan. Site 1: Battery Lane/Woodmont Avenue-G-808; DPA 10-2, Zoned PD-75 Existing single-family house (Occupied by the Children s Inn); proposed multi-story, 46-unit residential building, with 9 MPDUs and ground floor commercial. Maximum height-90 feet. Site 2: Old Georgetown Road/Battery Lane-G 864; Zoned PD-44 two buildings; multi-family residential building with 107 units (17 MPDUs) and a maximum height of 94 feet; a combination church and community center with a maximum height of 78 feet. Site 3: Arlington Road, between Bethesda Avenue and Bradley Boulevard; 7,000 square feet of commercial space; 145 multi-family residential units (15.2% MPDUs); Maximum height 59.9 feet. Conclusion In staff s opinion, in certain circumstances hotels can be appropriate and compatible uses as part of a high density PD zone development, especially in the case of development located near central business districts or transit stations development areas. As such, staff recommends that a requirement be included that permits hotels in high density PD zones only if located near CBDs or transit station areas. Staff further believes that the compatibility findings of the PD zones, along with the public input requirements of the local map amendment and development plan amendment provide additional opportunities to address the appropriateness of a development on a case by case basis. 2

3 GR/MD/kr ATTACHMENTS 1. ZTA as modified by staff 2. GIS Map of properties zoned PD-44 or greater 3. Excerpts from Resolutions approving existing impacted PD properties 3

4 ATTACHMENT 1 Zoning Text Amendment No.: Concerning: Planned Development (PD) Zones - Hotels Draft No. & Date: 1-6/5/12 Introduced: June 12, 2012 Public Hearing: Adopted: Effective: Ordinance No.: COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN MONTGOMERY COUNTY, MARYLAND By: Councilmember Riemer AN AMENDMENT to the Montgomery County Zoning Ordinance to: - allow hotels in high density planned development zones; and - generally amend the provision for commercial uses in PD zones. By amending the following sections of the Montgomery County Zoning Ordinance, Chapter 59 of the Montgomery County Code: DIVISION 59-C-7 Section 59-C-7.13 PLANNED UNIT DEVELOPMENT ZONES Uses permitted 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:

5 Zoning Text Amendment No.: Sec. 1. DIVISION 59-C-7 is amended as follows: DIVISION 59-C-7. PLANNED UNIT DEVELOPMENT ZONES * * * Section 59-C Commercial. * * * (b) Commercial and industrial uses may be permitted in addition to the local commercial facilities permitted under paragraph (a) and a hotel under paragraph (d), [above, if any,] subject to the following conditions: (1) [That] that such uses are proposed by the appropriate master plan to be located within the area covered by the planned development zone[.]; and (2) [That] that such uses are so designed and located as to achieve the purposes of the planned development zone and to be compatible with other uses within and adjacent to the development. (c) A transitory use is allowed [in accordance with] under Section 59-A (d) A hotel is permitted on property that is classified in a PD zone with a density of 44 dwelling units per acre or more and located in close proximity to a central business district or transit station development area. A hotel must satisfy the requirements of 59-C Sec. 2. Effective date. This ordinance becomes effective 20 days after the date of Council adoption. This is a correct copy of Council action. Linda M. Lauer, Clerk of the Council 2

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