\Z Jeffrey L. Zyontz, Senior Legislative Analyst

AGENDA ITEM #lc May 22, 2018 Worksession MEMORANDUM May 18, 2018 TO: FROM: r i\~\ County Council Marlene Michaelson, Executive Director! \Z Jeffrey L. Zyontz, Senior Legislative Analyst SUBJECT: Zoning Text Amendment 18-05, Uses, Use Standards, and Regulatory Approvals - Signature Business Headquarters PURPOSE: Worksession to review the PHED Committee recommendation Expected Participants: Gwen Wright, Planning Director Robert Kronenberg, Area l Division Chief Pam Dunn, Chief, Functional Planning and Policy PHED Committee Recommendation: The Committee (3-0) recommended approval of ZTA 18-05 with technical corrections. Attached on 21-22 is a memorandum from the County Executive requesting that the Council introduce a zoning text amendment for "Signature Business Headquarters" as a new limited use on Commercial/Residential (CR) zoned properties. The ZTA is attached at 1-20. (A related subdivision regulation amendment (SRA 18-02) was also introduced and will be considered by the Council as a separate agenda item). This memorandum highlights the key elements of the ZTA, which will create a new review process for a headquarters or primary place of business that will locate at least 25,000 employees in a single Metro Station Policy Area. The proposed text amendment would not change master plan recommended densities, but would allow flexibility to change the allocation between residential and commercial uses. It would allow increases in height (subject to a Planning Board finding of compatibility), but only for properties that are not in transition or in buffer areas (i.e., properties already zoned to be developed at 150 feet or higher). It presents an alternative means of meeting master plan staging goals. Most significantly, it dramatically reduces the regulatory review time for the development review process, while maintaining the same public

participation for a Signature Business Headquarters plan as the one currently used for sketch plans and site plans approved under the CR zone. The Planning Board summarized the details of ZT A 18-05 as follows: A new limited use in the Commercial/Residential (CR) zone, called a Signature Business Headquarters, is being proposed for the Montgomery County Zoning Ordinance. It is a limited use in the CR zone that allows for a corporate headquarters of 25,000 employees or more located within a single Metro Station Policy Area; Densities are limited by the total mapped floor area ratio (FAR) approved for the property; however, commercial and residential FAR may be reallocated. The reallocation may adjust the schools/traffic mix, but adequate public facilities findings are still required; FAR Averaging (consistent with the current process for sketch or site plan) is allowed; Building height may be increased by up to 100 feet for those buildings with a mapped height of at least 150 feet; in no case is height allowed to exceed 300 feet and all development is subject to a compatibility finding by the Planning Board; The development review process for this use has been shortened from 120 days to 60 days by putting the use under a single plan review (called a Signature Business Headquarters plan) as opposed to both a sketch and site plan. There is no change in the public notice, time for public review of the staff report or opportunity for public comment at the public hearing; Approval as a Signature Business Headquarters replaces any prior approvals, including binding elements of a development plan; A Signature Business Headquarters plan expires if a building permit application is not accepted by the Montgomery County Department of Permitting Services within 2 years of the Planning Board's approval; Adequate public facility findings are still required. These findings tie development approvals under zoning and subdivision ordinances to standards for roads and transportation infrastructure, and public facilities such as schools. However, if the master plan area in which the property is located includes staging for non-auto driver mode share (NADMS), the staging requirements will not need to be met if certain other measures are provided. The Planning Board and Planning staff recommended approval ofzta 18-05 as introduced. A public hearing was held on May 15, 2018. Eight of the speakers supported the text amendment as submitted. The issues raised by the four speakers in opposition are addressed below. 2

Issues Should a new use be created for a Signature Business Headquarters? Some testimony asks the policy question of why the largest of businesses should be given the most compressed processing time. The Executive's transmittal letter said that the new use would be "an economic development tool to help the County attract major private business headquarters and increase its tax base." Both the Council and the Planning Board expressed their willingness to consider options that would enhance the appeal of the County to headquarters facilities. A commitment to fast development processing time will make the County more attractive. Planning staff added the following: In light of the County Executive's request, the Planning Department, as technical experts were specifically asked to address the timing of review, allowing some flexibility, but respecting the master plan, development standards and the public's notice and opportunity to be heard The draft ZTA retains the amount of time the public has for comment during the process, regardless of whether the process is 60, 90 or 120 days. The approval of ZTA I 8-05 would express agreement with the Executive's and Planning Board's view. The PHED Committee recommended approval. Is 3 days enough for the Director to determine that an application is complete? Including documentation that the applicant is authorized to file the application on property not owned by the applicant, ZTA 18-05 requires that an application must include 12 separate elements. Typically, some elements, including a traffic study, have taken longer to review than 3 days on smaller projects. If the initial application includes substantial new floor area, this time period to review an application for completeness requires an all-hands-on-deck assignment. The Planning Director has indicated Planning staffs commitment to getting this done. Is a Signature Business Headquarters exempt from regulatory requirements associated with the CR zone? A couple of people who testified suggested that the ZTA would exempt Signature Business Headquarters from development requirements for environmental reviews (including stormwater management), for open space and recreational requirements, for findings of adequate public facilities and traffic analysis, for public benefits requirements under the CR zone, and to post notices. The ZT A does not eliminate any of these requirements. Is a Signature Business Headquarters exempt from the requirement for a pre-application submission meeting with the public? Due process does not require a pre-submission meeting, but it is required for other projects. Section 7.5.1 would exempt Signature Business Headquarters applicants from holding a public information session 3

before submitting a plan to the Planning Board. A pre-submission public meeting must be held for smaller projects. 1 ZTA 18-05 exempts the Signature Business Headquarters use from the sketch plan and site plan requirements. SRA 18-02 allows a Signature Business Headquarters to file an administrative subdivision plan application instead of a preliminary plan. A pre-submittal meeting would, thereby, not be required under the proposed legislation. (If it were required, it would occur before the 60-day clock between an application and a public hearing would start.) Planning Department staff indicated their belief that the developer of any large project would hold a presubmission public meeting with the local community. The PHED Committee did not recommended amending ZTA 18-05 as introduced to provide for a pre-submission public meeting. Does 60 days from the date of an accepted application provide sufficient opportunity for public notice? As proposed, the Planning Board must schedule a public hearing to begin within 60 days after the date an application is accepted. The application may be revised after it is accepted due to comments from agencies and utility companies: Reviewing State and County agencies and utilities must submit comments within 15 days after the date an application is accepted. The applicant must submit revised drawings to address the comments a minimum of 20 days before the date of the hearing. The pre-hearing revision opens the possibility that there will only be 20 days for residents to develop meaningful testimony on the project that will be before the Board. Planning staff report that this is not different from the current process for sketch plans, site plans, and preliminary plans. In particular, the requirement for the staff report IO days before the hearing has not been compressed. The PHED Committee recommended ZTA 18-05 as introduced, with technical corrections. Is 15 days enough time for staff to review and comment on a Signature Business Headquarters plan? The Council should recognize that the timeline proposed in ZTA 18-05 will require dozens of staff members to drop what they are doing and work full-time for 2 weeks on such a project. Both the Planning Board and Executive have committed to making key staff available. They have also indicated that it may be nece_ssary for them to request additional resources via a special appropriation to ensure the expedited review for a Signature Business Headquarters plan and to minimize the impact on other projects. 1 Montgomery County Planning Board Regulation No. 50/59.00.01 Administrative Procedures for Development Review: Pre-submittal Community Meetings. For a sketch plan, preliminary plan, or site plan, the applicant must hold at least one public pre-submission meeting no more than 90 calendar days before the initial application date. The purpose of the meeting is to explain the proposed project, address concerns about its impact on the community, and notify those attending of their right to participate in the review process. The applicant must expressly invite all individuals on the Notice List and must also post one or more signs that are visible from the street on the property. The meeting must be held on an evening or a weekend, in a location convenient to the proposed development site. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves. 4

This Packet Contains ZTA 18-05 (with technical corrections, including a corrected reference) Executive transmittal memo Planning Board Recommendation number 1-20 21-22 23-24 F:\Land Use\ZTAS\MJCHAELSON\ZT A l 8-05 Uses, Use Standards, and Regulatory Approvals - Signature Business Headquarters\ZTA 18-05 Council worksession memo 5-22-18.docx 5

Concerning: Uses, Use Standards, and Regulatory Approvals - Signature Business Headquarters Draft No. & Date: I -4/6/18 Introduced: April 10, 2018 Public Hearing: May 15, 2018 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 Lead Sponsor: District Council at the request of the County Executive AN AMENDMENT to the Montgomery County Zoning Ordinance to: create a new use for a Signature Business Headquarters, and provide a process for approval of a Signature Business Headquarters plan By amending the following sections of the Montgomery County Zoning Ordinance, Chapter 59 of the Montgomery County Code: DIVISION 1.4. Section 1.4.2. DIVISION 3.1. Section 3.1.6. DIVISION 3.5. Section 3.5.8. DIVISION 4.5. Section 4.5.2. Section 4.5.4. DIVISION 7.3. Section 7.3.3. DIVISION 7.5. Section 7.5. I. "DEFINED TERMS" "Specific Terms and Phrases Defined" "USE TABLE" "Use Table" "Commercial Uses" "Office and Professional" "COMMERCIAL/RESIDENTIAL ZONES" "Density and Height Allocation" "Optional Method Development" "REGULATORY APPROVALS" "Sketch Plan" "NOTICE STANDARDS" "Noticed Required" And by adding the following section: Section 7.3.5. "Signature Business Headquarters Plan"

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:

1 Sec. 1. DIVISION 59-1.4 is amended as follows: 2 Division 1.4. Defined Terms 3 * * * 4 Section 1.4.2. Specific Terms and Phrases Defined 5 * * * 6 Signature Business Headquarters: See Section 3.5.8.D[[J] 7 * * * 8 Sec. 2. DIVISION 59-3.1 is amended as follows: 9 Division 3.1. Use Table 10 * * * 11 Section 3.1.6. Use Table 12 The following Use Table identifies uses allowed m each zone. Uses may be 13 modified in Overlay zones under Division 4.9. 14

Zoning Text Amendment No.: I 8-05 15 Residential Rural Definitions Residential Residential Commercial Ag Residential and Residential Detached Townhouse Multi-Unit I USE OR USE GROUP Standards Residential Employment Industrial AR R RC RNC RE- RE- RE l R- R-90 R-60 R- TLO TMD THO R-30 R-20 R-10 CRN CRT CR GR NR lsc EOF IL IM IH 2 2C 200 40 -- COMMERCIAL ------ Office and Professional 3.5.8 ' -- - ~ -- 16 life Sciences 3.5.8.A p - -- Office 3.5.8.B C C C p p p p p L p L L ------ ---- - -- -- Research and Development 3.5.8.C p p p L p p ~ -- ' Signature Business 3.5.8.D i----- _Headguart_ers l, -~----- -- * 4

17 Sec. 3. Division 3.5 is amended as follows: 18 Division 3.5. Commercial Uses 19 * * * 20 Section 3.5.8. Office and Professional 21 * * * 22 D. 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 Signature Business Headquarters 1.: Defined Signature Business Headquarters means the headquarters or other primary place of business of i! single commercial or industrial organization, including ancillary uses, that includes at least 25,000 employees located within i! single Metro Station Policy Area. 2. Exemptions a. A sketch plan and i! site plan are not required for i! Signature Business Headquarters if the Planning Board approves i! Signature Business Headquarters plan under Section 7.3.5. A Signature Business Headquarters plan is exempt from the binding elements and conditions of i! development plan approved before { date Q[ adoption}. Use Standards Commercial and residential FAR limits on the subject property may be reallocated, as long as total FAR does not exceed the maximum total mapped FAR of the property. If the subject property has i! mapped height of 150 feet or more, height may be exceeded ]2y yp to I 00 feet, but no greater than i! total height of 300 feet, if the Planning Board finds that the additional height is compatible with abutting and confronting development.

44 C. The subject property may utilize FAR averaging under Section 45 4.5.2.B. 46 * * * 47 Sec. [[3]]~. DIVISION 59-4.5 is amended as follows: 48 Division 4.5. Commercial/Residential Zones 49 * * * 50 Section 4.5.2. Density and Height Allocation 51 A. Density and Height Limits 52 53 54 55 1. 2. Density is calculated as an allowed floor area ratio (FAR). Each CRN, CRT, and CR zone classification is followed by a number and a sequence of3 additional symbols: C, R, and H, each followed by another number where: 56 57 58 59 60 61 a. b. The number following the classification is the maximum total FAR allowed unless additional FAR is allowed under Section 4.5.2.C or Section 4.7.3.D.6.c; The number following the C is the maximum nonresidential FAR allowed, unless additional FAR is allowed under Section 3.5.8.D; 62 63 64 65 66 67 C. d. The number following the R is the maximum residential FAR allowed, unless additional residential FAR is allowed under Section 3.5.8.D, Section 4.5.2.C, or Section 4.7.3.D.6.c; and The number following the H is the maximum building height in feet allowed unless additional height is allowed under Section 3.5.8.D, Section 4.5.2.C, Section 4.7.3.D.6.c, or 68 69 B. FAR Averaging Section 4.5.2.A.2.e. ' \.&._,,

70 1. Only standard method development projects that require site plan 71 approval or optional method development projects can average FAR 72 between properties. 73 2. FAR may be averaged over 2 or more directly abutting or confronting 74 properties in one or more Commercial/Residential zones, if: 75 a. the properties are under the same site plan, [or] sketch plan, or 76 Signature Business Headquarters plan; however, if a sketch 77 plan or Signature Business Headquarters plan is required, 78 density averaging must be shown on the [sketch] applicable 79 plan; 80 b. the resulting properties are created by the same preliminary 81 subdivision plan or satisfy a phasing plan established by an 82 approved sketch plan or Signature Business Headquarters plan; 83 C. the maximum total, nonresidential, and residential FAR limits 84 apply to the entire development, not to individual properties; 85 d. the total allowed maximum density on a resulting property that 86 is abutting or confronting a property in an Agricultural, Rural 87 Residential, or Residential Detached zone that is vacant or 88 improved with an agricultural or residential use[[,]) does not 89 exceed that allowed by the property's zone; and 90 e. public benefits are required to be provided under any phasing 91 element of an approved sketch plan or Signature Business 92 Headquarters pian. 93 3. Density may be averaged over 2 or more non-contiguous properties in 94 one or more CRT or CR zones, if: 95 a. Each provision under Section 4.5.2.B.2 is satisfied; 6)

96 97 98 99 100 101 102 b. c. d. The properties are within 1/4 mile of each other, [or] located in a designated master-planned density transfer area, or are part of ;i Signature Business Headquarters plan; The minimum public benefit points required under Section 4.5.4.A.2 must be exceeded by at least 50%; and The applicable master plan does not specifically prohibit the averaging of density between non-contiguous properties. 103 104 l 05 106 107 108 109 l l 0 111 112 4. If the Planning Board approves a site plan or Signature Business Headquarters plan for a development project using FAR averaging across two or more lots, the maximum density on certain lots in the development project will be less than or greater than the zone allows, as indicated in the [site] applicable plan. To provide additional notice of the FAR averaging, before the Planning Board approves a certified site plan or certified Signature Business Headquarters plan for such a project or, if plat approval is required, before plat approval, the applicant must state the gross square footage taken from any lot with reduced density in an instrument approved by the Planning Board and 113 must record the instrument in the Montgomery County land records. 114 * * * 115 Section 4.5.4. Optional Method Development 116 The CRT and CR [[zone]] zones allow development under the optional method. 117 A. General Requirements 118 1. Procedure for Approval 119 A sketch plan must be approved under Section 7.3.3, unless a 120 Signature Business Headquarters plan is approved under Section 121 7.3.5. A site plan must be approved under Section 7.3.4[[.]] for any 122 development on a property with an approved sketch plan. (}'

123 * * * 124 Sec. [[4]]~. DIVISION 59-7.3 is amended as follows: 125 Division 7.3. Regulatory Approvals 126 * * * 127 Section 7.3.3. Sketch Plan 128 A. 129 130 Applicability and Description 1. Development under optional method in the CRT, CR, EOF, or LSC zone requires approval of a sketch plan[[,]] or Signature Business 131 132 * * * Headquarters plan. 133 Section 7.3.5. Signature Business Headquarters Plan 134 A. 135 136 137 138 139 140 Applicability and Description L A Signature Business Headquarters plan provides;! detailed overview of ;1c proposed Signature Business Headquarters. A Signature Business Headquarters plan review will be used to detennine if the proposed development satisfies current laws, regulations, and this Chapter, and substantially conforms with the intent of the applicable master plan and approved guidelines. 141 142 143 144 145 146 147 148 149 2. A Signature Business Headquarters plan may be phased, with each phase approved separately under this section. A Signature Business Headquarters plan may encompass all or part of any property on which the Signature Business Headquarters will be located and must demonstrate its relation to and coordination with other applicable approvals or submittals. Any amendment to ;1c previously approved plan may follow the timeframe for review under Section 7.3.5.B.3 through Section 7.3.5.B.6, Section 7.3.5.C[[J] and Section 7.3.5.D.

150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165. 166 167 168 169 170 171 172 173 174 175 176 B. Application Requirements L Ownership a. An applicant must own the subject property or be authorized!2y the owner to file the application. b. If any land or right-of-way encompassed QY a Signature Business Headquarters plan application is owned or controlled QY the State, County, or any other entity or agency, a written agreement or authorization from that entity or agency must be submitted with the Signature Business Headquarters plan application. 2. A Signature Business Headquarters plan application must include: a. ;! legally binding commitment or other evidence accepted!2y the Planning Director that the Signature Business Headquarters will employ at least 25,000 individuals within a single Metro Station Policy Area; b. an application form and fees required QY the Planning Director; L il site map showing existing buildings, structures, circulation routes, significant natural features, historic resources, and zoning and legal descriptions on the proposed development site and within 500 feet of the perimeter boundary; d. ~ list of abutting and confronting property owners in the County tax records; e. il list of any civic, homeowners, and renters associations that are registered with the Planning Department and located within ½ mile of the site; documentation of interest in the proposed development site under Section 7.3.5.B.1;

177 178 179 180 181 182 183 184 185 186 187 188 139 190 191 192 193 194 195 196 197 198 199 200 201 202 1, 203 g,_ g statement of justification outlining how the proposed development satisfies the standards and criteria required to grant the application; h. verification that the applicant has posted notice on the property and notified affected properties; 1,_ g Traffic Statement or Study accepted ]2y the Planning Director, if not submitted with ~ previous or concurrent application; 1. environmental documentation or exemption for: 1,_ an approved Natural Resources Inventory/Forest Stand Delineation; 11.-. g Stormwater Management Concept Application Q[,_ if required,!:le Water Quality Plan Application; and 111.!:le final Forest Conservation Plan application: k. existing and proposed QIV and wet utility plan; I. plans of proposed development showing: 1. use, footprints, ground-floor layout, and heights of all buildings and structures; 11.-. required open spaces and recreational amenities: m. detailed layout and dimensions for all sidewalks, trails, paths, roadways, parking, loading, and bicycle storage areas; 1v. grading; v. landscaping and lighting; and m.!:le development program and inspection schedule detailing the construction schedule for the project. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must i~

204 205 206 207 208 209 210 211 212 213 214 215 216 217 C. 218 219 220 221 222 223 D. 224 225 226 227 228 229 230 review the application for completeness within l days after receipt. An application is incomplete if any required element is missing or is facially defective, ~ 1! drawing that is not to scale or lacks proper signatures. The assessment of completeness must not address the merits of the application. The applicant must submit any required revisions to the Planning Director. The Planning Director must review the revised application for completeness within 2 days after receipt. After the Planning Director verifies that the application is complete, the applicant must file the final application with the Planning Director. who will accept the application and establish 1! hearing date under Section 7.3.5.C. Public notice is required under Division 7.5. Hearing Date The Planning Board must schedule a public hearing to begin within 60 days after the date an application is accepted. The applicant may request an extension with Planning Board approval. Any extension of the public hearing must be noticed on the hearing agenda with the new public hearing date indicated. Review and Recommendation L State and County Agencies Reviewing State and County agencies and utilities must submit comments within Ll. days after the date an application is accepted. The applicant must submit revised drawings to address the comments a minimum of 20 days before the date of the hearing. The Planning Director may extend the deadline if the applicant I,,, 12)

231 232 233 234 235 236 237 238 3. submits 1! written request within 2 days after the revised drawings were due. Planning Director The Planning Director must publish 1! report and recommendation 1! minimum of lq days before the Planning Board hearing. Withdrawal of an Application The Planning Board must send 1! notice to all parties entitled to notice of the hearing when an applicant withdraws an application for 1! 239 240 E. 24] 242 243 244 245 246 247 248 249 headquarters plan. Necessary Findings l. When reviewing an application, the approval findings mm1y only to the site covered ]2y the application. 2. To approve 1! Signature Business Headquarters plan, the Planning Board must find that the proposed development: a. satisfies any previous approval that applies to the site, unless exempt under Section 3.5.8.D.2 or amended; satisfies the applicable use and development standards and general requirements of this Chapter; c. satisfies the applicable requirements of Chapter 19 and Chapter 250 251 252 253 254 255 d. e. = 22A provides safe, well-integrated parking, circulation patterns, building massing, and site amenities; substantially conforms with the intent of the applicable master plan and any guidelines approved ]2y the Planning Board that implement the applicable plan; 256 257 f. will be located within the same Metro Station Policy Area as all other phases of the Signature Business Headquarters; (Ji!

258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 F. 275 276 277 278 279 280 281 282 283 g,_ on _a property in!! master plan area that requires staging based on Non-Auto Driver Mode Share (NADMS), is exempt from the staging requirement if: 1. the applicant agrees to enter into!! traffic mitigation agreement that provides an action plan for substantial achievement of the applicable NADMS goal[[,]]~ 11. parking below the minimum required under Section 6.2.4 is provided[[,]]~ and m. transit, bicycle, and pedestrian infrastructure required!2y the applicable stage of the master plan is funded in the Capital Improvements Program or Consolidated Transportation Program, or provided!2y the applicant; and[[,]] h. will be served!2y adequate public services and facilities. including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public facilities. Decision I. The Planning Board must act upon the close of the record of the public hearing b_y majority vote of those present at the public hearing to approve, approve with modifications or conditions, or deny the application. The Planning Board must issue!! resolution reflecting its decision within 7 days of the Planning Board vote. 2. Any p..my aggrieved!2y!! decision of the Planning Board may file!! petition for judicial review of the decision within 30 days after the Planning Board's action to the Circuit Court and thereafter to the Court of Special Appeals. l,_,,, 14

284 285 286 3. Final [[headquarters]] Signature Business Headquarters plans must be certified ]2y the Planning Director to confirm that the drawings reflect the Planning Board's approval. 287 G. Conforming Permits 288 For any development requiring a Signature Business Headquarters plan, 289 DPS must not issue~ sediment control pennit, building permit, or use-and- 290 occupancy permit for any building, structure, or improvement unless the 291 Planning Board has approved a Signature Business Headquarters plan and~ 292 bond has been approved under Section [[7.3.5.K.3]] 7.3.5.K.4. 293 H. 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Duration of Approval 1. A Signature Business Headquarters plan expires unless ~ certified Signature Business Headquarters plan is approved ]2y the Planning Director within 24 months after the date the resolution is mailed. A Signature Business Headquarters plan does not become effective until~ record plat is recorded that satisfies any approved subdivision plan for the subject property. 3. Development activities under Section 7.3.5 must satisfy the certified Signature Business Headquarters plan and any conditions of approval. If the Planning Board approves a Signature Business Headquarters plan, the applicant must have ~ building permit application, accepted ]2y the Department of Permitting Services, that includes the core and shell of the principal building within two years of the date of the Planning Board's resolution. Within two years after the Department of Permitting Services accepts the building permit application that includes the core and shell of the principal building, the applicant must obtain that building permit. The deadlines under this section may not be extended. If an applicant fails to comply with any of the i~'

311 312 313 I. deadlines under this section, the applicable phase of the Signature Business Headquarters plan approval is revoked. Recording Procedures 314 The certified Signature Business Headquarters plan and Planning Board 315 resolution must be maintained in the permanent files of the Planning 316 Department. 317 J. Amendments 318 Any property owner may appiy for ~ Signature Business Headquarters plan 319 amendment to change 1! certified Signature Business Headquarters plan. 320 There are two~ of amendments: ~ major and~ minor amendment. 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 1. Major Amendment A major amendment includes any request to~ increase density or height by more than that allowed under~ minor amendment (Section 7.3.5.J.2); 11. decrease open space; m. deviate from~ condition of approval; or 1v. alter~ basic element of the plan. b. Public notice is required under Division 7.5. C. A major amendment must follow the same hearing procedures and satisfy the same necessary findings as the original Signature Business Headquarters plan. Minor Amendment A minor amendment includes any request to~ increase density by!!p to 10% or 30,000 square feet, whichever is less, provided the increase is less than or equal to the total mapped density;! 161 '-.J

337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 K. increase height ]2y ill1 to 10%. provided the height is less than or equal to the height allowed under Section 3.5.8.D; or 111. change an ancillaiy use, ~ parking or loading area, landscaping, sidewalk, recreational facility or area, configuration of open space, or any other plan element that will have!! minimal effect on the overall design, layout, quality or intent of the plan. A minor amendment also includes!! reduction in approved parking to satisfy Article 59-6. A minor ainendment does not include any change that prevents circulation on any street or path. b. Public notice is required under Division 7.5. c. A minor ainendment may be approved ]2y the Planning Director without!! public hearing ifno objection to the application is received within 12 days after the application notice is sent. If an objection is received within 12 days after the application notice is sent, and the objection is considered relevant, a public hearing is required. A public hearing must be held under the saine procedures as an original application. Compliance and Enforcement.L. If the Planning Board finds, after holding a public hearing or designating a hearing officer to hold a public hearing, that!! property under development is not in compliance with a certified Signature Business Headquarters plan, i1 may: impose!! civil fine or administrative civil penalty authorized ]2y Chapter 50 (Section 50-10.6.D);

364 365 366 367 368 369 370 371 372 2. 373 374 375 376 377 l,. 378 379 380 381 382 383 4. 384 385 386 387 388 389 * * * b. suspend or revoke Signature Business Headquarters plan approval; c. order i! compliance program that would permit the applicant to take corrective action to satisfy the certified Signature Business Headquarters plan; d. allow the applicant to propose modifications to the certified Signature Business Headquarters plan; or e. take any combination of these actions. If the Planning Board or its designee finds that the applicant has failed to comply with a compliance program approved under Section 7.3.5.K. l.c, the Planning Board may, without holding any further hearing, take any of the actions identified in Section 7.3.5.K.l.a. through Section 7.3.5.K.1.e. If the Planning Board suspends or revokes i! Signature Business Headquarters plan, DPS must immediately suspend any applicable building permit under which construction has not been completed or withhold any applicable use-and-occupancy permit, until the Planning Board reinstates the Signature Business Headquarters plan or approves i! new plan for the development. The Planning Board may require the applicant to post i! commercially acceptable form of surety securing compliance with and full implementation of specified features of the certified Signature Business Headquarters plan in an amount set h)'. the Planning Board. If such surety is required, DPS must not issue a building permit or use-and-occupancy permit until such surety is accepted.

390 Sec. [[5]]~. DIVISION 59-7.5 is amended as follows: 391 Division 7.5. Notice Standards 392 Section 7.5.1. Notice Required 393 Notice is required for each application according to the following table: Pre- Application Newspaper Submittal Meeting * * * Regulatory Approvals * * * Application Application Hearing Resolution Sign Notice Notice Notice Building Permit Sign Notice Website Posting ~' Site Plan X X X X X X Signature Business Headguarters Plan * * " " " " " Amendments to Approvals * * * Minor Site Plan Amendment Major Signature Business Headguarters Plan Amendment Minor Signature Business Headguarters Plan Amendment 394 KEY: x = Required X " " " " " 19 " X

395 * * * 396 Sec. 7. Effective date. This ordinance becomes effective 20 days after the 397 date of Council adoption. 398 399 This is a correct copy of Council action. 400 401 402 Megan Davey Limarzi, Esq. 403 Clerk of the Council ' 20' \.'.:J

OFFlCE OF THE COUJ\'TY EXECUTIVE fl..ockville:. Maryl2nd 20850 Isiah- Leggen Co:u.n.ty Exe,-curiv-e MKMORANDUM April 6, 2018 TO: FROM.: SlJBJECT: Ffons Riemer, Montgomery County Council President. Isiah Leggett, Montgomery County Executive _f..,;,f,.:z;,#- Zoning Text P... rnendment for_ S)gnature Business Headquarte1s The purpose ofiliis memorandum is request that the County Cetmcil. introduce for consideration a,,d,wtion the attached Zoning Tex.i Amendment (ZTA) which was prepared bf Planning Board staff at my request The ZTA would ac~end the Montgomery County Zoning Ordinance to include signature business headquarters as a new.limited use on CR-zoned properties. Tne new use is being created as an economic development tool to heip the County attract major private business headquarters and increase its tax base. This amendment, focused on procedural and process changes, makes it possibie to expedite development review of an application while respecting the public input process and meeting the requi:,ements of the approved and adopted sector plan for the area where the new use would be located The proposerl zoning text amendment includes th.e following: 1. To qualify for the expedited review process, the application must be for.a headquarters or primary place of business of a single oommerc.ialfmdustrial: organization that will locate a1 least 25,000 employees in a single metro policy area 2. Densities are limited by the total mapped floor area ratio (EAR) approved for the property, however cornmercial and residential FAR may be reallocated. Jbe reallocation may adjust the schools/traffic mix, however ad~ puhlic facilities findings are still required. 3. Building height can be increased up to l 00 addition.al feet, but only on those bnildfogs v.'ith mapped height of at least 150 feet; ultimately limited to 300 feet and subject to a cornpati"bi.lity finding by the Planning Roard.

Ba--ns Riemel"~ Council President Page2 April 6, 2018 4. The development review process for this use has been shortened. from 120 days to 60 d.ays by putting it under a single plan review as opposed to sketch and site plan. T.here is no cha.dge in the public notice, ti.,r,e for public review of the staff report, or opportunity for public comment at the public hearing. 5. Approval as a signature business headquarters replaces any prior approvais,. including binding elements of a development pla.r:l 6. A sig,,ature business headqua.rters plan expires if a building permit application is not accepted by tile Depart'11ent of Permitting Services within 2 years of the Planning Board's approval. 7, Adequate public facility findings are still required. However, if the master plan area in which Hie property is located includes staging for Non-Auto D1iver Mode Share O~ADMS), the staging requirements will not need to be met if i) the applicant enters into a traffic mitigation agreement to meet the applicable NADM.S goal, ii) parking is provided below the minimum required, a11d iii) transi~ bicycle and pedestrian iru~tructure required for the staging has been fu.i1de<l. In othe-r \\'Ords, the purpose for the staging b reduce veh]c.jes 011 the road will be met through other mechanisms. I would request that the Council introduce and act on t'iis amendment as soon as possible. If you have a11y questions: please c-ont~ct Timothy L. -Firestine at 240-777-8888. Attachrnents

MONTGOMERY COUNTY PLA1'1NING BOARD THE?IBRYLAND-Nl\. TIONl'..L CAPIT/u, 1)" \RK ;\ND PL.<h"NING C01VfJ\.1lSSIO;'J OFFICE OF THE CHAlR May 7, 2018 TO: The County Council for Montgomery County, Maryland, sitting as the District Council for the Maryland-Washington Regional District in Montgomery County, Maryland FROM: Montgomery County Planning Board SUBJECT: Zoning Text Amendment No. 18-05 & Subdivision Regulation Amendment No. 18-02 BOARD RECDMMEl'JDATION The Montgomery County Planning Board of The Maryland-National Capital Park and Planning Commission reviewed Zoning Tex't Amendment No. 18-05 and Subdivision Regulation Amendment No. 18-02 at our regular meeting on May 3, 2018. By a vote of 5:0, the Planning Board recommends approval of the amendments as introduced, to create a new use for a Signature Business Headquarters, to provide a process for approval of a Signature Business Headquarters plan and to create an administrative subdivision process for a Signature Business Headquarters under certain standards. ZTA 18-05 would amend the Montgomery County Zoning Ordinance to include a Signature Business Headquar-ters as a new limited use on properties zoned Commercial Residential (CR) within a single Metro Station Policy Area. The new use is being created as an economic devetopment too! to help the County attract jobs and residents, increase its tax base and achieve master plari goals for specific communities all while maintaining the public input component of the development review process that is vital to all planning decisions. This zoning text amendment~ fcx:uses_ on Pr41l11$Ui"a"I. and pr.ocess changes, makes it possible to shorten the review time required of a development application while maintaining the public feedback process that is vital to all planning decisions. The TIA would continue to allow the public to comment and testify about the proposed development. In addition, the proposed headquarters would have to meet the intent of the approved and adopted sector plan for the area where the new use would be located. The accompanying SRA No. 18-02 would allow another category in the Subdivision Regulations (a Signature Business Headquarters) under which an applicant can file an administrative subdivision plan in place of a preliminary plan. The Planning Director can approve an administrative subdivision plan under an expedited process without Planning Board review. The details of ZTA 18-05 are as follows: A new limited use in the Commercial Residential (CR) zone, called a Signature Business Headquarters, is being proposed for the Montgomery County Zoning Ordinance. It is a limited use in the CR zone that allows for a corporate headquarters of 25,000 employees or more located within a single Metro Station Policy Area.; 8787 Geoigi.a.\venue, Silver Spring, Maryl.and 20910 Cb.aii:man's Office: 301.495.4605 F= 301.495. 1320 ----- ---

The Honorable Hans Riemer May 7, 2018 Page 2 Densities are limited by the total mapped floor area ratio (FAR) approved for the property, however commercial and residential FAR may be reallocated. The reallocation may adjust the schools/traffic mix, but adequate public facilities findings are still required.; FAR Averaging (consistent with the current process for sketch or site plan) is allowed.; Building height may be increased by up to 100 feet for those buildings with a mapped height of at least 150 feet; in no case is height allowed to exceed 300 feet and all development is subject to a compatibility findfng by the Planning Board.; The development review process for this use has been shortened from 120 days to 60 days by putting the use under a single plan review (called a Signature Business Headquarters plan} as opposed to both a sketch and site plan. There is no change in the public notice, time for public review of the staff report or opportunity for public comment at the public hearing.; Approval as a Signature Business Headquarters replaces any prior approvals, including binding elements of a development plan. A Signature Business Headquarters plan expires if a building permit application is not accepted by the Montgomery County Department of Permitting Services within 2 years of the Planning Board's approval.; Adequate public facility findings are still required. These findings tie development approvals under zoning and subdivision ordinances to standards for roads and transportation infrastructure, and public facilities such as schools. However, if the master plan area in which the property is located includes staging for non-auto driver mode share (NADMS), the staging requirements will not need to be met if certain other measures are provided.; Under SRA 18-02, a lot or lots created for a Signature Business Headquarters may be approved under an administrative subdivision plan application if all of the necessary technical requirements of the administrative subdivision plan are reviewed by the Director under Section 4.3 of Chapter SO, most of which will also be addressed in review of the Signature Business Headquarters plan. CERTIFICATION This is to certify that the attached report is a true and correct copy of the technical staff report and the foregoing is the recommendatton adopted by the Montgomery County Planning Board of The Maryland-National Capital Park and Planning Commission, at its regular meeting held in Silver Spring, Maryland, on Thursday, May 3, 2018. CA:GR Casey Anderson Chair