MEMORANDUM. AOENDA ITEMS #9 & 10 October 28, October 24,2014. County Council TO: FROM: Jeffrey L. zyont!~islative Attorney SUBJECT:

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1 AOENDA ITEMS #9 & 10 October 28, 2014 Public Hearing/Action MEMORANDUM October 24,2014 TO: FROM: SUBJECT: County Council Jeffrey L. zyont!islative Attorney Public Hearing/Action Seven Corrective Map Amendments (0-967 through 0-973) to correct technical errors in zoning boundaries and zoning classifications on the official zoning maps for certain properties located throughout the County The Planning Board has submitted Corrective Map Amendments through for Council approval. The Corrective Map Amendments (CMAs) would correct technical errors that led to inaccurate depictions of the zoning boundaries and zoning classifications for certain properties on the current official zoning maps and the digital map that will be the official map on October 30, These technical errors were caused by a number of factors, including errors in following transition rules from old zones to new zones in the approved District Map Amendment, 0-956, and a mistake in the Sectional Map Amendment that implemented the Long Branch Sector Plan, Detailed reasons for the corrections are provided in the attached Planning Staff report ( 3-35). It is the Planning Board's intent to have the correction to the Long Branch SMA (0-968) apply immediately, which will provide the same grand fathering rights as other property covered by the Long Branch SMA. All other corrections before the Council are changes to the District Map Amendment, All other corrections will be effective October 30, 2014 because the District Map Amendment is not effective until October 30,2014. The Planning Board heard testimony in support of changing the proposed zoning for the Woodmoor Shopping Center that would limit the allowed Floor Area Ratio (FAR) to There was testimony to the effect that the application of a 0.75 FAR was a mistake because the underlying parcels are less than 2 acres. The current zoning only allows a 0.75 FAR when the applying property is greater than 2 acres. The Planning Board did not take any action on the request and did not submit any corrections for the Woodmoor Shopping Center. The Council has reviewed this issue when it approved the DMA and when it made corrections to the Zoning Rewrite (ZT A 14-09). Action on the 7 proposed corrections is scheduled to follow directly after the hearing. October 28, 2014 will be the last time that the Council can make zoning changes before the October 30, 2014 effective date of the Zoning Rewrite (ZTA 13-04) and the District Map Amendment that implements the new code,

2 As a reminder, the same ex parte rules that apply to sectional map amendments and local map amendments also apply to corrective map amendments. Therefore, Councilmembers should not engage in off-the-record communications. This Packet Contains number Planning Board Recommendation 1-2 Planning Staff Report (with attachments referred to in the draft resolution) 3-35 Draft opinion F:\Land Use\zTAS\JZYONTZ\2013 ZTAs\zTA ZONING ORDINANCE REWRITE\Corrective Map Amendments G-967 to G-973\PH Action October 28.doc

3 MONTGOMERY COUNTY PLANNING BOARD THE MAli.YLANO NATIONAL CAPITAL PARK...NO PLA!'l'NING COt.1MISSION OFFICE OF THE CHAIR September 18, 2014 The Honorable Craig Rice President Montgomery County Council Stella B Werner Council Office Building 100 Maryland Avenue Rockville, Maryland SUBJECT: Corrective Map Amendments G-967 through G-973 Dear Council President Rice: On behalfofthe Montgomery County Planning Board, I am pleased to file an application for seven Corrective Map Amendments (CMAs) and transmit to the Council the Planning Board's unanimous recommendation of approval ofthese CMAs. In March the District Council approved the revised Zoning Ordinance, which also required the adoption ofa new zoning map. This map was created through District Map Amendment (DMA) G-956. which was adopted by the District Council in July The new map will become effective on October 30,2014. Following the adoption of DMA G-956. Staff discovered six errors in the recently approved District Map Amendment and one error in the existing zoning map. These are technical errors, such as a typographical error of FAR in one case. As a result, Staff is recommending that these errors be corrected on both the existing zoning map and DMA before the DMA becomes effective. Testimony was given before the Board on this matter. David Brown and Harriett Quinn, both representing the Woodmoor-Pinecrest Citizens Association testified regarding the Woodmoor Shopping Center, which is not subject to any ofthe attached Corrective Map Amendments. Their testimony indicates that the Association believes the District Council acted in error when adopting District Map Amendment G 956. stating that the current zoning ordinance limits development in the C-4 zone to 0.25 FAR on any property less than 2 acres and that the property considered should be each individually recorded parcel, not the zoning district boundary (also referred to by Staff as the "zoning polygon"). Opposition contended that the Woodmoor Shopping Center is comprised of 5 parcels, none of which is greater than 2 acres. And for that reason, they believe the District Council acted in error when translating the shopping center to an FAR of Geotgia Avcnue, Silver Spring, Muylmd Phone: Fax: v,"wt<.motltgomcl''yplanningboard.org E Mail: mcp-chair@mncppc-mc.org cd

4 The Honorable Craig Rice September 18, 2014 Page Two However, Staff indicated that the translation rule approved by the District Council translates the C-4 zone based on the contiguous area within the same zoning classification. In the case of Woodmoor. the area of contiguous C-4 zoning is greater than 2 acres. FUIthennore. Staff indicated that ail 5 parcels are currently in common ownership and that under the current zoning ordinance; the owner could resubdivide the property and be eligible for 0.75 FAR withou[ requiring a rezoning through the Local Map Amendment process. Additionally, staff indicated that one of the parcels is currently developed at 1.2 FAR and another is developed at O.7 FAR. Because the Woodmoor Shopping Center is not subject to any ofthe proposed Corrective Map Amendments, the Board decided not to take any action on the Association's request. At its regular meeting on September , the Montgomery County Planning Board oftlte Maryland-National Capital Park and Planning Commission reviewed the attached CMAs. On a motion by Commissioner Presley. seconded by Commissioner Dreyfuss, the Board authorized staff by a 4-0 vote to file these seven CMAs and transmit the Board's reconunendation of approval ofthese CMAs to the Council. Should you have any questions, please contact Matt Johnson. AlCP at Casey Anderson Chair CAlmcj Enclosure

5 MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION MCPB Item No. Date: 9/18114 Corrective Map Amendments through Matt Johnson, AICP, Research Associate, Zoning Ordinance Rewrite Project, matt. johnson@montgomeryplanning.org Pam Dunn, Acting Chief, Functional Planning and Policy Division, pamela.dunn@montgomervplanning.org, Rose Krasnow, Deputy Director, rose.krasnow@montgomervpjanning.org Description Completed 9/3/14 These Corrective Map Amendments (CMAs) are related to the Planning Department's Zoning Ordinance Rewrite project. The new ordinance, adopted by the District Council on March 5, 2014 (ZTA 13-04, Enacted Ordinance 17-43),'required a new zoning map. This map was created by the District Council through District Map Amendment (DMA) G-956 (Coundl Resolution ). The new zoning map will become effective, along with the new ordinance text, on October 30,2014. Subsequent to the Council adoption of the District Map Amendment, Staff discovered six errors with the adopted map and one error in the existing (pre-dma) zoning. Staff recommendation: Approval to file seven Corrective Map Amendments, G-967 through G-973, with a Planning Board recommendation of approval to the District Council.

6 Introduction Section 59-H-10.1(b} of the Zoning Ordinance states that the purpose of a CMA is to "enable the District Council in lieu of a comprehensive sectional map amendment to correct technical errors or inaccurate depictions of zoning boundary lines on an adopted map that are known as a result of mapping, surveying or othertechnicalinformation." In March 2014, the District Council approved the revised Zoning Ordinance, which also required the adoption of a new zoning map. This map was created through District Map Amendment {DMA} G-956, which was aopted by the District Council in July 2014 (Council Resolution ). The new map will become effective on October 30, Following the adoption of DMA G-956, Staff discovered six errors in the recently approved District Map Amendment and one error in the existing zoning map. These are technical errors, such as a typographical error of FAR in one case. As a result, Staff is recommending that these errors be corrected on both the existing zoning map and DMA before the DMA becomes effective. A. Corrective Map Amendment G-967 (Attachment 2) [Correction to the District Map Amendment G-956] Property ID/Location: Part of Parcel A, Clifton Park Village and Parcel 963, Grid JP61, Liber/Folio 27785/0244 located at 640 and 642 University Boulevard East. Long Branch Sector Plan WSSC Grid: 210NE01 Proposed Reclassification: 2.02 acres from the CRT-2.5 C-0.8 R-2.5 H-85 Zone to the CRT-2.5 C-0.5 R-2.5 H-85 Zone in the adopted District Map Amendment G-9S6. Part of Parcel A, Clifton Park Village and Parcel 963 (Subject Properties) are located on the northeast corner ofthe intersection of University Boulevard and Piney Branch Road. The Subject Properties are occupied by a shopping center, a gas station, and other commercial establishments. The existing zoning maps show this area as being zoned CRT-2.S C-0.5 R-2.S H-85. The adopted District Map Amendment {DMA}, which becomes effective October 30, 2014, shows the zoning as CRT-2.S C-O.8 R-2.S H-8S. Background The Subject Properties were rezoned from C-1 to CRT-2.S C-0.5 R-2.S H-8S in July 2014 by Sectional Map Amendment (SMA) G-962 (Council Resolution 17-11S9). 2

7 When the changes from the Sectional Map Amendment were incorporated into the then-draft DMA G-956, however, the translation process inadvertently entered a Commercial FAR of 0.8 instead of 0.5. The District Map Amendment was not intended to change any existing CR, CRT, or CRN Zone. Additionally, the adopted Zoning Ordinance limits CR, CRT, and CRN commercial and residential components to multiples of 0.25 FAR, which means 0.8 FAR is not a legal option. Recommendation Staff recommends modifying the rezoning of approximately 2.02 acres (the Subject Properties) in the adopted District Map Amendment G-956 to be consistent with SMA G-962 and the Long Branch Sector Plan. Incorrect zoning in the DMA, above. B. Corrective Map Amendment (Attachment 3) [Correction to the existing zoning map) Property ID/Location: Lot SA, part of Lot 51 Block 2, assel's Addition to Silver Spring; Parts of Lots 20 and 21, Block 1, Cissel's Addition to Silver Spring; Lots 1, 2 and 3, Block 3, Nellie Arliss Tract; Part of Parcel A, Block 1, J.P. NeffTract; Part of Parcel B and Outlot A, Block A, Browning's Section of Takoma Park; Lots 1,2, and 3, Block B, Browning' Section oftakoma Park; Lots 1-2 and 13-17, Yeabower Tract; Lot 5, Block 1, Pickwick Village; Parcel A, Block A, Long Branch View; Parcel N910 and Parcel A, Clifton Park Village; and Parcel 183, Grid JN53, tiber/folio 20487/0590; Parcel 979, Grid JP61, 26027/0524; 3

8 WSSC Grid: Proposed Reclassification: Parcel 925, Grid JP61, 05634/0132; Parcel 963, Grid JP61, 27785/0244; Parcel 10, Grid JN63, 36106/0088; Parcel 45, Grid.lN63, 05269/0382; and Parcel 64, Grid JN63, 13871/0412 located at 8472,8501,8523,8528,8533,8547,8550,8714, 8716, 8728,8736, and 8801 Piney Branch Road; 8701,8736,8805,8807, and 8809 Flower Avenue; 8750 Arliss Street; and 618, 627, 631, 633, 635, 640,642,649, 701, and 706 University Boulevard East. Long Branch Sector Plan 210NE01, 211N EOl acres from the CRT Zone with the Takoma Park/East Silver Spring Commercial Revitalization Overlay Zone to the CRT Zone. The Subject Properties (listed above) are located on the southwest and northwest corners of the intersection of Piney Branch Road and Flower Avenue; the block bounded by Flower Avenue, Arliss Street, and Piney Branch Road; the south side of Piney Branch Road between Flower Avenue and Arliss Street; the southwest, southeast, northeast, and northwest corners ofthe intersection of University Boulevard and Piney Branch Road; and the north side of Piney Branch Road from Baron Street to University Boulevard (See Attachment 3A and 3B). The Subject Properties are occupied by a variety of commercial service and commercial retail establishments. The existing zoning maps show this area as being zoned CRT, with a variety of densities and heights, but also show this area as being within the Takoma Park/East Silver Spring Commercial Revitalization Overlay (CROZ) Zone. The adopted District Map Amendment (DMA) shows the same zoning. Both the current zoning map and the newly approved zoning map (DMA G-956) are incorrect in this location. This CMA (G-968) addresses only the current zoning map. The next CMA in this report (G-969) addresses the District Map Amendment. Background The Subject Properties were rezoned from C-l, C-O, R-30, and R-60 to CRT in July 2014 by Sectional Map Amendment (SMA) G-962 (Council Resolution ) following the adoption of the Long Branch Sector Plan. In 2001, the Takoma Park/East Silver Spring Commercial Revitalization Overlay was applied to this area by SMA G-790 (Council Resolution ). The intent ofthe overlay was to foster economic vitality and attractive community character and to provide an enhanced pedestrian environment. One of the attributes of the CROZ was to limit building heights to 50 feet. 4

9 However, in the 2014 Long Branch Sector Plan, Staff recommended replacing commercial and residential zoning around the two key intersections in the planning area with the CRT Zone. The CRT Zone has similar goals to the CROZ, including allowing a mix of uses and fostering pedestrian-friendly design. The Master Plan intended to create a mix of building heights in this area without retaining the CROZ, using instead the CRT Zone to set the desired heights on the Subject Properties, as evidenced in the proposed zoning maps shown throughout the Master Plan. In order to implement this vision, the SMA was supposed to remove the CROZ and underlying zones and, in their place, apply the CRT Zone, with heights ranging from 50 feet to 120 feet. However, the Sectional Map Amendment (G-962) failed to show the Overlay zone being removed, and as a result, it has been retained on the current zoning map. Because overlay zones always trump base zones when there is a conflict, keeping the CROZ undercuts all ofthe CRT zones in this area that were purposefully given heights greater than 50 feet. Recommendation Staff recommends rezoning approximately acres (the Subject Properties) to be consistent with the intent of SMA G-962 and the Long Branch Sector Plan. C. Corrective Map Amendment G-969 (Attachment 4) [Correction to the District Map Amendment G-956] Property ID/Lacation: Lot 5A, part of Lot 5, Block 2, Cissel's Addition to Silver Spring; Parts of Lots 20 and 21, Block 1, Cissel's Addition to Silver Spring; Lots 1,2 and 3, Block 3, Nellie Arliss Tract; Part of Parcel A, Block 1, J.P. Neff Tract; Part of Parcel B and Outlot A, Block A, Browning's Section oftakoma Park; Lots 1, 2, and 3, Block B, Browning' Section of Takoma Park; Lots 1-2 and 13-17, Yeabower Tract; Lot 5, Block 1, Pickwick Village; Parcel A, Block A, Long Branch View; Parcel N9l0 and Parcel A, Clifton Park Village; and Parcell83, Grid JN53, Liber/Folio 20487/0590; Parcel 979, Grid JP61, 26027/0524; Parcel 925, Grid JP61, 05634/0132; Parcel 963, Grid JP6l, 27785/0244; ParcellO, Grid JN63, 36106/0088; Parcel 45, Grid JN63, 05269/0382; and Parcel 64, Grid JN63, 13871/0412 located at 8472,8501,8523,8528,8533,8547,8550,8714, 5

10 WSSCGrid: Proposed Reclassification: 8716, 8728, 8736, and 8801 Piney Branch Road; 8701,8736,8805,8807, and 8809 Flower Avenue; 8750 Arliss Street; and 618, 627, 631, 633, 635, 640, 642, 649, 701, and 706 University Boulevard East. Long Branch Sector Plan 210NE01,211NEOl acres from the CRT Zone with the Takoma Park/East Silver Spring Commercial Revitalization Overlay Zone to the CRT Zone. The Subject Properties (listed above) are located on the southwest and northwest corners of the intersection of Piney Branch Road and Flower Avenue; the block bounded by Flower Avenue, Arliss Street, and Piney Branch Road; the south side of Piney Branch Road between Flower Avenue and Arliss Street; the southwest, southeast, northeast, and northwest corners ofthe intersection of University Boulevard and Piney Branch Road; and the north side of Piney Branch Road from Baron Street to University Boulevard (See Attachment 4A and 4B). The Subject Properties are occupied by a variety of commercial service and commercial retail establishments. The existing zoning maps show this area as being zoned CRT, with a variety of densities and heights, but also show this area as being within the Takoma Park/East Silver Spring Commercial Revitalization Overlay (CROZl Zone. The adopted District Map Amendment (DMA) shows the same zoning. Both the current zoning map and the newly approved zoning map (DMA G-956) are incorrect in this location. This CMA (G-969) addresses only the District Map Amendment. The previous CMA in this report (G-968) addressed the error in the current map. Background The Subject Properties were rezoned from C-l, C-O, R-30, and R-60 to CRT in July 2014 by Sectional Map Amendment (SMA) G-962 (Council Resolution ) following the adoption of the Long Branch Sector Plan. In 2001, the Takoma Park/East Silver Spring Commercial Revitalization Overlay was applied to this area by SMA G-790 (Council Resolution ). The intent of the overlay was to foster economic vitality and attractive community character and to provide an enhanced pedestrian environment. One of the attributes of the CROZ was to limit building heights to 50 feet. However, in the 2014 Long Branch Sector Plan, Staff recommended replacing commercial and residential zoning around the two key intersections in the planning area with the CRT Zone. The CRT Zone has similar goals to the CROZ, including 6

11 allowing a mix of uses and fostering pedestrian-friendly design. The Master Plan intended to create a mix of building heights in this area without retaining the CROZ, using instead the CRT Zone to set the desired heights on the Subject Properties, as evidenced in the proposed zoning maps shown throughout the Master Plan. In order to implement this vision, the SMA supposed to remove the CROZ and underlying zones and, in their place, apply the CRT Zone, with heights ranging from 50 feet to 120 feet. However, the Sectional Map Amendment (G-962) failed show the Overlay zone being removed, and as a result, it has been retained on the current zoning map. Because overlay zones always trump base zones when there is a conflict, keeping the CROZ undercuts all of the CRT zones in this area that were purposefully given heights greater than 50 feet. In the translation between the existing zoning maps to the DMA, the map translation continued the mistake and the adopted District Map Amendment (G-956, Council Resolution ) retained the CROZ. Therefore, Staff recommends correcting the DMA to remove the CROZ from the Subject Properties. Recommendation Staff recommends modifying approximately acres (the Subject Properties) of the District Map Amendment to be consistent with the intent of SMA G-962 and the Long Branch Sector Plan by deleting the CROZ overlay from the Subject Properties. D. Corrective Map Amendment G-970 (Attachment 5) [Correction to the District Map Amendment G-956] Property ID/Location: Lot 4, Lot 9, Lot 11, Lot 12, Parcel G, and Parcel L, Block A, Seneca Meadows Corporate Center; Lot 6, Lot 7, and Part of lot 5, Block B, Seneca Meadows Corporate Center; and Parcel 125, Grid EU53, Uber/Folio 19381/045110cated at 20500, 20510, 20511, and Seneca Meadows Parkway and Observation Drive. Germantown Employment Area Sector Plan WSSCGrid: 228NVV12,229NVV12 Proposed Redassiflcation: acres from the CR-2.0 C-1.5 R-0.75 H-145 T Zone to the CR-2.0 C-1.75 R-0.75 H-145 T Zone in the adopted District Map Amendment G-956. Lots 4,5,6, 7, 9,11,12 and Parcels Gand l of Blocks A and Bof the Seneca Meadows Corporate Center and Parcel 125 (Subject Properties) are located on both 7

12 sides of Seneca Meadows Parkway, between Crystal Rock Tributary and Observation Drive. The Subject Properties are occupied by vacant parcels, office buildings, and a shopping center. The existing zoning maps show this area as being zoned TMX-2. The adopted District Map Amendment (DMA) shows the zoning as CR-2.0 C-1.5 R-0.75 H 145T. The adopted DMA G-956 will become effective on October 30, Background The adoption of a new zoning ordinance in March 2014 required the District Council to also adopt a new zoning map, which took the form of District Map Amendment (DMA) G-956. The DMA included both standard and non-standard conversions for properties in the TMX-2 zone. The Subject Properties were zoned TMX-2 in May 2010 by Sectional Map Amendment G-887 (Council Resolution ) to implement the recommendations of the Germantown Employment Area Sector Plan. The Subject Properties are in an area with specific zoning recommendations in the Germantown Employment Area Sector Plan, and as a result, the Subject Properties were given a non-standard conversion, referred to by Staff as GRMTC-24. Discussions before the PH ED Committee regarding the language in the Sector Plan, which called for an "average FAR," resulted in the PHED Committee recommending increasing the non-residential FAR on this site to This change was included in the Council Packet for the July 15 meeting at which DMA G-956 was adopted. The specific language regarding GRMTC-24 (the Subject Properties) appears on page circle 27 of the Staff Packet. "Custom GRMTC-24 (master plan property SM-1): CR-2.0 C-l.7S R-O.7S H 14ST The master plan (pg. 67) says "To ensure the area retains an employment profile, develop with a minimum of 70 percent employment uses that include limited street level retail and a maximum of 30 percent residential uses." The master plan (pg. 68) also says to "allow building heights up to 143 feet clustered at the transit station to create a defined center."" The intent was to change the non-residential FAR for the Subject Properties; however, the DMA showed the incorrect zoning conversion, inadvertently leaving the non-residential FAR at

13 Recommendation Staff recommends modifying the rezoning of approximately acres (the Subject Properties) in the adopted District Map Amendment G-956 to CR-2.0 C-l.75 R-o.75 H-145 T to be consistent with the District Council's intent. E. Corrective Map Amendment (Attachment 6) [Correction to the District Map Amendment 6.gS6] Property ID/Location: Parcels 1-3, Block 0, "Quaint Acres" and Parcels 1 14, Block C, "Quaint Acres" located at 401, 405, 411, 501, 507, , and 611 Apple Grove Road and 701, 709, 713, 717, 721, 801,807,811, and 815 Milestone Drive White Oak Master Plan WSSCGrid: 215NEOl Proposed Reclassification: acres from the R-90 Zone to the RE-l Zone Parcels 1-3, Block D and Parcels 1-14, Block C are located on the south side of Apple Grove Road and the south side of Milestone Drive between Berwick Drive and New Hampshire Avenue (Subject Properties). The properties are occupied by single-family detached dwellings, except for Parcel 14, Block C, which is occupied by a religious organization. The existing zoning maps show this area as RE-l, however in the Adopted District Map Amendment (DMA), this area is shown as R-90. Background The Subject Properties were rezoned from R-R to RE-l in 1982 by Sectional Map Amendment (SMA) G-337. Since that time, the zoning has not been changed by Sectional or local Map Amendment. In 2008, Planning Staff began working on a project to convert the Zoning Maps from mylar to digital format. The focus of this effort was to verify the accuracy of the new GIS-based digital zoning map. In the initial GIS shapefile, the Subject Properties were shown in the R-90 Zone, and after extensive research, it was determined that this classification was in error, and that the digital database should be edited to reflect the RE-l Zone, applied via SMA G-337 and shown on the official zoning mylars. However, for unknown reasons, the noted'change never occurred in the digital database. As a result, the draft DMA carried forward this inaccurate depiction ofthe Subject Properties in the R-90 Zone. When the DMA was adopted on July 15, 2014 (DMA G-956, Council Resolution ), this inaccuracy was inadvertently inserted into the DMA. As a result, the District Map Amendment is in error, and will change the zoning from RE-l to R-90 on October 30, unless it is corrected. 9

14 Recommendation Staff recommends modifying District Map Amendment G-956 before it becomes effective by changing approximately acres ofthe Subject Property from the R 90 Zone to the RE-1 Zone. / \. II;"O! \.! F. Corrective Map Amendment G-972 (Attachment 7) [Correction to the District Map Amendment G-956] Property ID/Location: Lot 8, Block 1, Edgemoor, located at 7700 Old Georgetown Road. Bethesda CBD Sector Plan WSSC Grid: 209 NW05 Proposed Reclassification: 1.94 acres from the CR-3.0 C-2.0 R-2.75 H-35 T Zone to the CR-3.0 C-2.0 R-2.75 H-90 T Zone Lot 8, Block 1, Edgemoor (Subject Property) is located on the block bounded by Old Georgetown Road, Arlington Road, and Moorland Lane. The Subject Property is occupied by an office building and commercial retail and services uses. The existing zoning map shows this area as CBD-1; the adopted District Map Amendment shows the Property as CR-3.0 C-2.0 R-2.7S H-35 T. Background The Subject Property is within the Bethesda CBD Sector Plan boundary. In 1994, the plan confirmed the existing CSD-1 zoning on the site. A height map included in the plan recommended limiting building heights on this block to 35 feet on the northwestern portion and 90 feet on the southern and eastern portions. While the CBD-1 Zone has statutory limits, Master and Sector Plans sometimes recommend lower heights. With the new zoning created by the revised zoning ordinance (ZTA Enacted Ordinance 17-43)1 dense mixed-use areas were planned to be translated into the Commercial/Residential (CR) Zone by the District Map Amendment (DMA). The CR Zone has a statutory range of densities and heights 10

15 that are mapped as acertain limit, which may be lower than the statutory maximum. During the PHED Committee worksessions on the proposed District Map Amendment G-956, the Committee instructed Staff to use the density or height recommendations made in Master or Sector Plans to map the new CR Zones being established through the DMA. This would have the effect of making the height recommendations binding. In the case ofthe Bethesda CBD Sector Plan of 1994, a height map was provided for the entire planning area. Because of the PHED Committee's instructions, Staff used the 1994 height map to set the height each area going into a zone with a variable height (CR, CRT, CRN, or EOF). However, streets on the map are hard to read, and, Staff thought the entirety of the Subject Property was in the 35 foot height zone. However, following the adoption of the DMA, the owner of the Subject Property contacted Staff to dispute the height zoning. The entire property Is zoned CBD-i, but the height map actually shows two different heights. Staff agrees with the property owner that only a portion of the site shows a height of 35 feet. The remainder ofthe site, including the portion occupied by an 8 story office building, shows a height of 90 feet. Therefore, Staff inadvertently applied a lower height on a portion ofthe Subject Property, which is in disagreement with the intent of the Council. Because the StafFs translation rules also prohibited split-zoning properties through the DMA, Staff believes the correct action is to zone the entirety ofthe Subject Property with a height of 90 feet. 11

16 Recommendation Staff recommends modifying District Map Amendment G-956 before it becomes effective by changing approximately 1.94 acres from the CR-3.0 C-2.0 R-2.75 H-35 T Zone to the CR-3.0 C-2.0 R-2.75 H-90 T Zone. G. Corrective Map Amendment G-973 (Attachment 8) [Correction to the District Map Amendment G-956] Property ID/Locatlon: lot 4, Block M, Section 2, Battery Park and parts of lots 1, 2, and 3, Block M, Section 2, Battery Park, located at 5004 Cordell Avenue, 7806,7810, 7812, 7816, and 7818 Old Georgetown Road, and 5001, 5019, and 5027 Wilson Lane. Bethesda CBD Sector Plan WSSC Grid: 209NW05 Proposed Redassifieatlon: 0.48 acres from the CRT-1.5 C-1.5 R-0.5 H-35 Zone to the CRT-2.25 C-l.5 R-0.75 H-35 Zone. Lot 4 and parts of Lots 1, 2, and 3, Block M, Section 2, Battery Park (Subject Properties) are located on the block bounded by Old Georgetown Road, Wilson Lane, and Cordell Avenue. They are occupied by a mix of retail and service uses. The existing zoning on the property is C-2, however the adopted District Map Amendment will change the zoning to CRT-1.5 C-1.5 R-O.5 H-35 on October 30. Background The Subject Properties are within the Bethesda CBD Sector Plan boundary. In 1994, the plan confirmed the existing C-2 zoning on the site. A height map included in the plan recommended limiting building heights on this block to 35 feet. Staff created a conversion chart during the rewrite project to give each zone a "standard" translation. These translations were based on the densities and heights that are statutorily achievable in the current ordinance, and were approved by the District Council. However, the standard translations could be modified under certain circumstances. During the PHED Committee worksessions on the proposed District Map Amendment G-956, the Committee instructed Staff to map density or height recommendations made in Master or Sector Plans to the new CR Zones applied through the DMA. This would have the effect of making the height recommendations binding. In the case ofthe Bethesda CBD Sector Plan of 1994, a height map was provided fot the entire planning area. Because ofthe PHED Committee's instructions, Staff 12

17 mapped each area going into a zone with a variable height (CR, CRT, CRN, or EOF) based on this map. For that reason, the Subject Properties were mapped with a height of 35 feet. This is the only non-standard element of their conversion. The remainder ofthe zoning conversion was based on the standard conversion for the C-2 zone whenever it abutted or confronted land in the R-40, R-60, or R-90 zones that was vacant or used for a residential use. However, while the Subject Properties do confront land zoned R-60, the confronting R-60 properties are not used for residential purposes, and are instead occupied by a religious organization and an elementary school. Given these factors, the Subject Properties should have been translated using a different conversion rule, specifically that for C-2 properties that do not confront or abut land zoned in a Single-family residential, rural residential, or agricultural zone that is vacant or improved with a residential or agricultural use, but which are within 300 feet of land in a single-family residential zone. That conversion would have been to CRT-2.25 C-1.5 R-0.75 H-45, however it would have been modified by the Sector Plan recommended height limit of 35 feet to CRT-2.25 C-1.5 R-D.75 H-35. Recommendation Staff recommends modifying District Map Amendment G-956 before it becomes effective by changing approximately 0.48 acres from the CRT-1.5 C-1.5 R-0.5 H-35 Zone to the CRT-2.25 C-l.5 R-0.75 H-35 Zone. 13

18 Attachments Attachment 1: Attachment 2: Attachment 3A: Attachment 3B: Attachment 4A: Attachment 4B: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Table of Properties Recommended for Reclassification Corrective Map Amendment G-967 Corrective Map Amendment G 968 (eastern section) Corrective Map Amendment G-968 (western section) Corrective Map Amendment G-969 (eastern section) Corrective Map Amendment G-969 (western section) Corrective Map Amendment G-970 Corrective Map Amendment G-971 Corrective Map Amendment G-972 Corrective Map Amendment G-973 MCJ O:\PLANNING DIRECTOR\Zoning Code Rewrite\ZONE CONVERSION MP REVIEW\MapChangesSlnce_P8_May2\CMA.-DMA_StaffReport.docx 14

19 . ATTACHMENT 1-properties recommended for reclassification CMAI!' 'Ac:re<i!ge 1 '. Address/Parcel 10 ".". Area': ".'., Existing : ; New Zone'.. '., ', :..MAZo:rie';' (:".::" '/';':.\:'.Reason fqr, :'",.... l::.....,:,.:: '.'..Zo'n'e 2, I ' :,.:;:".".:.:.: :- '.':1' i,...,.:' '";' '.'. : t.cn:'ection '-;-,':'. G University Blv E long - CRT-2.5 C-0.8 R-2.5 H-85 CRT-2.5 C-o.5 R-2.5 H-85 Technical Mapping Branch error (A) 642 University BIY E G Arliss St long CROZ - CRT Zone Branch overlay (B) + CRT o Flower Ave Zone Flower Ave Flower Ave Flower Ave Flower Ave Flower Ave _ Flower Ave Acreage equates to the total number of acres affected by the proposed zoning change, not the Individual slze(s) of the parcel(s), 2 Existing zone correlates to the amendment area only.

20 Acreage! Address/ParQ;!IID ' Area',, Existing',DMAZone..'.., ',New Zone Reason for ";. Zone 2 :,: CorreC:tion' (B) 8809 Flower Ave ogreenwood Ave opiney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd

21 CMA# Acrgel, Address/Parcel 10 " (B) 8716 Piney Branch Rd , " Area ' ' )(Isting OMAZone, ReaSOn for' ".', - Zone 2 ' New.Zone, -' ' --,",.,', cgrection ',,:, ". _.,-.. _ 8728 Piney Branch Rd Piney Branch Rd Piney Branch Rd University BI E University BI E University BI E University BI E University BI E University BI E University BI E

22 CMA# J),creage 1 At:ldress/ParceIIO. Area Existing.. OMAZone. Zone 2 (B) 649 University BI E 13"() New.Zone.Reason for' " Correction 701 University BI E University BI 13"() G Arlis$ St Long. CROZ ove rlay + CRT Zone 13"()o Branch (C) oflower Ave ) 8630 Flower Ave 13..() Flower Ave CRT Zone 8701 Flower Ave B736 Flower Ave Flower. Ave 13..() Flower Ave

23 CMAIt Acreaset.....' (C) ' ' Adqress/P,,ellD, " 8809 Flower Ave Area,, ' " Exlstins DMAZon", ;' ', New Zone Zone z..'., :, ReaQ;for,,, Correction ogreenwood Ave opiney Branch Rd Piney Branch Rd D 8472 Piney Branch Rd J 8501 Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd

24 ', CM,A# Acreage 1 :. " Add,r:ess/ParceIIQ Are Existing DMAZQne', '. New Zone ReasonJor,. " I" ",, " " " Zone 2. "... C6rrectlon (C) 8716 Piney 8ranch Rd Piney Branch Rd Piney Branch Rd Piney Branch Rd University BI E , 627 University BI E University BI E University BI E University BI E University BI E University BI E

25 CMAn '. (C) Acreage 1 Address/Parcel University 81 E Area' Existing Zone 2 OMAZone.. New Zone. Reason for.' -.,'.,. '-: Correction ". 701 University 81 E 13..() G-970 (D) University "() oseneca Meadows Pkwy 02"() "() () Germantown - CR-2.0 C-1.5 R-0.75 H-145 T CR-2.0 C-1.75 R-0.75 H-145 T Technical Mapping error :) Seneca Meadows Pkwy Seneca Meadows Pkwy Seneca Meadows Pkwy oobservation Dr

26 CMA # I Acrea&e;:IAQqress/ParceIID G-971 I (E) '.' '. J ". oapple Grove Road Area.' White Oak,tiO&.1 DMA Zone Zone 2 '.:.', R-90. " New Zone RE-l '1.Reason.for';. ' Corretion" Technical Mapping error 401 Apple Grove Rd Apple Grove Rd Apple Grove Rd Apple Grove Rd Apple Grove Rd Apple Grove Rd Apple Grove Rd Apple Grove Rd Milestone Dr Milestone Dr

27 CMA#' (E).. Acreage 1...,. Address/Parcel Milestone Dr Area. Existing Zone 2 DfylA Zone... ', NewZcine.',. ReasonfoL' Correction. 717 Milestone Dr Milestone Dr Milestone Dr Milestone Dr m I G (F) G (G) 811 Milestone Dr Milestone Dr Old Georgetown Rd Cordell Ave Old Georgetown Rd Bethesda CBO Bethesda CBO - - CR-3.0 C-2.0 R-2.75 H-35 T CRT-1.5 C-1.5 R-0.5 H-35 CR-3.0 C-2.0 R-2.75 H-90 T CRT-2.25 C-1.5 R-0.75 H-35 Technical Mapping error Technical Mapping error I 7810 Old Georgetown Rd Old Georgetown Rd

28 CMA# (G) ' Acreilsel 'Address/ParceIIO Area Existing,OMA Z,"e " " ' Reawnf.or:. ", ", New;Zone," " ' ;' :.".'.. ' '... " ; ", Zone 2, ;". ; Crectlo. "', Old Georgetown Rd 07-(} '., 7818 Old Georgetown Rd Wilson Ln Wilson Ln , 5027 Wilson Lo

29 ATTACHMENT # 2 (G-967) Existing DMA - July Proposed Correction 7\ 18! 6 tl tl t._.i R IO\ \I/ '2 rl 3 2 LKl 3 I.. '0 9 i 10 1 t HERON DRIVE 9 I 10 I 11 I i! PARCEL A PARCEL B 6. I. CR.T-1.5 C O.Z5 R 1.5 H PARtEL -----i A', ' PARCEL B 7 LN910 I. CRT.1.5C.o.25R.1.5H.SO 910 CRT 2.5 CRT 2.5 c;o:a, C O.25 R 10 R 2.5 R 2.5 H-85 H-85.CRT.2.5 C:O.5. R 2.5 H 85 CRT 2.5 C-O.25 R 10 R 2.5 H-85. P963 PINEY BRANCH ROAD PINEY BRANCH ROAD Map Grid: 210NE01 & 211NE01 1 in = 200 ft

30 <l " :::::::::::ee::::::::: ::::::::::::::::::: "... IC: ff =.,... I II '" -' r:i "f :J! 1I:"i' Ill: UU 0.. 0: 0 0 C") II C T""...-. co CD - en " cc =11=... Z LLI :& % U t!!c g) C ;:! d ";C! w 0 w z N 0 w z 0 N "0 "t: (!) Q. (U :!:

31 ATTACHMENT # 38 (G-968) P 'lu CRT4 C-8.5. R-2.5H-85 Map Grid: 210NE01 & 211NE01 1 in =300 ft

32 ATTACHMENT # 4A (G-969) Existing DMA - July 15, 2014 Proposed Correction R.(IO 2 CRT-2.5 c.o.25 N.5 H-4I5 R-10 P15 R-6G rhilfl... P176 Map Grid: 210NE01 & 211NE01 1 in = 300 ft

33 ATTACHMENT # 48 (G-969) Existing DMA - July 15, 2014 Proposed Correction I ;::::> { 'Iff ii' i f C X it i r",--:::::>,.:..."r".. -'n'8--"'t'i-"ti---,.(...,{r--.,...--ri<--::>i;;:c\t'"\ , P832 IWO R-10 C0 Map Grid: 210NE01 & 211NE01 1 in=300ft

34 ATTACHMENT # 5 (G-970) Existing DMA.. July 16, 2014 i -if ;,.#' I'i>" "..d' R.30..'.. Proposed Correction.#' / R 30, o CR 2.O C 1.5 R.o.75 H-145 T CR 2.0 C U5 R.o.75 H 145 " CRT U5 c.o.5 R.o.25 H-65 T CRT U5 c-o.s R 0.25 H-65 T, <iii'.. EOF O.75 H-1ooT o EOF.o.75 H-1ooT Map Grid: 228NW12 &229NW12 1 in =500 ft

35 ATTACHMENT # 6 (6-971) Existing DMA - July 15, 2014 I I r iii i I <: ;:, \. C ===., C>?. ", I:::> &:::i Proposed Correction R-90 R-IIO Map Grid: 214NE01 & 215NE01 I i I 1 in =600 ft

36 ATTACHMENT # 7 (G-972) N128 R 60 r- Z \ 2.5! m 0 '" 0 0) CR-3.0 C-2.0 R-2.75 H-35 T R-60 Z g eel A 0 ID i!i! 0 ID '" 0) CR-3.0 C 2.0 R-2.75 H-90 T 8 CR 2.5 COO.25 R 2.5H 75T 15 '\:1 rj-e;;;;-la;e- J CR 2.5 COO.25 R-2.5H 75T 9 EDGEMOOR LANE R.&O AI \ Map Grid: 209NW _. BETHESDA CBO _. BETHESDA CBD 1 in =200 ft 15,, E \

37 ATTACHMENT # 8 (G-973) R 60 MD. ROUTE 188 MD. ROUTE R 60» R 60» I I - - Z Q O 0 Map Grid: 209NW05 1 in = 100 ft z Q

38 Resolution No.: Introduced: Adopted: COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND SITTING AS A DISTRICT COUNCIL FOR THAT PORTION OF THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITIDN MONTGOMERY COUNTY, MARYLAND By: District Council SUBJECT: Seven Corrective Map Amendments (G-967 through G-973) to Correct Technical Errors in Zoning Boundaries and Classifications OPINION Seven Corrective Map Amendment Applications (G-967 through G-973) were filed on September 19,2014 by the Maryland-National Capital Park and Planning Commission to correct mapping errors in the official Zoning Map. The Corrective Map Amendments (CMAs) would correct technical errors that led to inaccurate depictions of the zoning boundaries and zoning classifications for certain properties on the official zoning maps. These technical errors were discovered by Maryland-National Capital Park and Planning (M-NCPPC) staff after the Council's approval of District Map Amendment (DMA) G-956. Six of the 7 CMAs correct DMA G-956. The DMA will be effective on October 30, 2014, as will 6 of the 7 corrections. One correction, G-968, is an immediate (October 28,2014) correction to the official zoning map. G-968 is a correction to SMA G-962, which will implement the Long Branch Sector Plan. In the absence of an immediate correction, the grandfather rights for the underlying properties would differ from all other properties that were subject to G-962. Corrective Map Amendment Applications G-967 through G-973 were the subject of a public hearing held by the District Council on October 28, The Council did not receive any testimony in opposition to the CMAs. The Corrective Map Amendments, the Planning Departmental staff analysis, and the revisions to the zoning maps were carefully considered by the District Council immediately after the public hearing. The Corrective Map Amendments were determined to be technical in nature and only for the purpose of correcting zoning errors in the official Zoning Map. For these reasons, and because to grant this application will aid in the accomplishment of a coordinated, comprehensive adjusted and systematic development of the Maryland-Washington Regional District, this application will be GRANTED, as filed.

39 Page 2 Resolution No.: Action 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 resolution: 1. Applications No. G-967 through G-973 requested by the Maryland-National Capital Park and Planning Commission, for the Corrective Map Amendments to correct mapping errors in the official Zoning Map and District Map Amendment G-956, are approved as filed. 2. The following areas are reclassified as part of this action, consistent with the recommendations in the Planning Department staff report for the Corrective Map Amendments. A. Corrective Map Amendment G-967 Parcelld: Part of Parcel A, Clifton Park Village and Parcel 963 WSSC Grid: 210NEOI Correction: 2.02 acres from the CRT -2.5 C-0.8 R-2.5 H-85 Zone to CRT-2.5 C-0.5 R-2.5 H-85 B. Corrective Map Amendment G-968 (Correction to SMA G-962) Parcelld: Lot 5A, part of Lot 5, Block 2, Cissel's Addition to Silver Spring; Parts of Lots 20 and 21, Block 1, Cissel's Addition to Silver Spring; Lots 1,2 and 3, Block 3, Nellie Arliss Tract; Part of Parcel A, Block 1, J.P. Neff Tract; Part of Parcel B and Outlot A, Block A, Browning's Section of Takoma Park; Lots 1,2, and 3, Block B, Browning' Section of Takoma Park; Lots 1-2 and 13-17, Yeabower Tract; Lot 5, Block 1, Pickwick Village; Parcel A, Block A, Long Branch View; Parcel N910 and Parcel A, Clifton Park Village; and Parcel 183, Parcel 925; Parcel 10; Parcel 45; and Parcel 64, located at 8472, 8501, 8523, 8528, 8533, 8547, 8550, 8714, 8716, 8728, 8736, and 8801 Piney Branch Road; 8701, 8736, 8805, 8807, and 8809 Flower Avenue; 8750 Arliss Street; and 618, 627, 631, 633, 635, 640, 642, 649, 701, and 706 University Boulevard East WSSC Grid: 210NEOl,211NEOI Correction: acres from the CRT Zone with the Takoma ParklEast Silver Spring Commercial Revitalization Overlay Zone to the CRT Zone with no Overlay zone C. Corrective Map Amendment G-969 Parcelld: Lot 5A, part of Lot 5, Block 2, Cissel's Addition to Silver Spring; Parts of Lots 20 and 21, Block 1, Cissel's Addition to Silver Spring; Lots 1,2 and 3, Block 3, Nellie Arliss Tract; Part of Parcel A, Block 1, J.P. Neff Tract; Part of Parcel B and Outlot A, Block A, Browning's Section of Takoma Park; Lots 1, 2, and 3, Block B, Browning' Section of Takoma Park; Lots

40 Page 3 Resolution No.: 1-2 and 13-17, Yeabower Tract; Lot 5, Block 1, Pickwick Village; Parcel A, Block A, Long Branch View; Parcel N910 and Parcel A, Clifton Park Village; and Parcel 183, Parcel 925; Parcel 10; Parcel 45; and Parcel 64, located at 8472, 8501, 8523, 8528, 8533, 8547, 8550, 8714, 8716, 8728, 8736, and 8801 Piney Branch Road; 8701, 8736, 8805, 8807, and 8809 Flower Avenue; 8750 Arliss Street; and 618, 627,631,633,635,640,642, 649, 701, and 706 University Boulevard East WSSC Grid: 210NEOl, 211NEOI Correction: acres from the CRT Zone with the Takoma ParklEast Silver Spring Commercial Revitalization Overlay Zone to the CRT Zone with no Overlay zone D. Corrective Map Amendment G-970 Parcelld: Lot 4, Lot 9, Lot 11, Lot 12, Parcel G, and Parcel L, Block A, Seneca Meadows Corporate Center; Lot 6, Lot 7, and Part of Lot 5, Block B, Seneca Meadows Corporate Center; and Parcel 125, Grid EU53, LiberlFolio 19381/0451l0cated at 20500, 20510, 20511, and Seneca Meadows Parkway and Observation Drive WSSC Grid: 228NW12, 229NW12 Correction: acres from the CR-2.0 C-1.5 R-0.75 H-145 T Zone to the CR-2.0 C-1.75 R-0.75 H-145 T Zone E. Corrective Map Amendment G-971 Parcelld: Parcels 1-3, Block D, "Quaint Acres" and Parcels 1-14, Block C, "Quaint Acres" located at 401,405,411,501,507, , and 611 Apple Grove Road and 701, 709, 713, 717, 721, 801, 807, 811, and 815 Milestone Drive WSSC Grid: 215NEOI Correction: acres from the R-90 Zone to the RE-I Zone F. Corrective Map Amendment G-972 Parcelld: Lot 8, Block 1, Edgemoor, located at 7700 Old Georgetown Road. WSSC Grid: 209NW05 Correction: 1.94 acres from the CR-3.0 C-2.0 R-2.75 H-35 T Zone to the CR-3.0 C-2.0 R-2.75 H-90 T Zone G. Corrective Map Amendment G-973 Parcel Id: Lot 4, Block M, Section 2, Battery Park and parts of Lots 1, 2, and 3, Block M, Section 2, Battery Park, located at 5004 Cordell Avenue, 7806, 7810, 7812, 7816, and 7818 Old Georgetown Road, and 5001, 5019, and 5027 Wilson Lane WSSC Grid: 209NW05 Correction: 0.48 acres from the CRT-1.5 C-1.5 R-0.5 H-35 Zone to the ' CRT-2.25 C-1.5 R-0.75 H-35 Zone 3. G-968 is effective on October 28, 2014.

41 Page 4 Resolution No.: , 0-969, 0-970, 0-971, 0-972, and correct DMA and are effective October 30,2014. This is a correct copy of Council action. Linda M. Lauer, Clerk of the Council