Master Plan Review SILVER SPRING CBD. Approved and Adopted February Updated January 2013

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Master Plan Review SILVER SPRING CBD Approved and Adopted February 2000

BACKGROUND ZONING CODE REWRITE In 2007, the Montgomery County Council directed the Planning Department to undertake a comprehensive zoning ordinance rewrite. Last rewritten in 1977, the current 1,200 + page code is viewed as antiquated and hard to use with standards that have failed to keep pace with modern development practices. With only about four percent of land in the County available for greenfield development, the new zoning code can play a crucial role in guiding redevelopment to areas like surface parking lots and strip shopping centers. An updated zoning code is important for achieving the kind of growth Montgomery County policymakers and residents want. Initial sections of the new code were drafted by Code Studio, a zoning consultant. These drafts were subsequently analyzed and edited by planners based on feedback from the Zoning Advisory Panel (a citizen panel appointed by the Planning Board to weigh in on the project s direction), county agency representatives, residents and other stakeholders. In September 2012, planning staff began the release of a draft code in sections accompanied by a report highlighting changes from the current code. The staff drafts were reviewed at length by the Planning Board. After several public sessions and many worksessions, the Board is nearing the end of its review. After additional worksessions in February to consider definitions, parking and other outstanding issues, the Board will undertake an implementation review, where they will evaluate and make recommendations on potential zone changes. Later this spring, following the completion of the text and implementation review, a Planning Board Draft will be sent to County Council for consideration. ZONE IMPLEMENTATION PROCESS An important aspect of the Zoning Rewrite process is the potential simplification of 123 existing zones into about 30 proposed zones. While some of the proposed zones are a direct one-to-one translation of existing zones, others are the result of combining existing zones with similar standards. Additionally, existing zones that are not currently mapped or are no longer used in the County have been eliminated from the proposed code. Through the implementation process, Montgomery County aims to simplify the number of zones, eliminate redundancy, and clarify development standards. A full translation table for all zones can be found in the documents section of our website:.

Agricultural, Residential, and Industrial Zone Implementation: For agricultural and rural zones, the existing zones will be translated to proposed zones on a one-toone basis, with the exception of the Low Density Rural Cluster zone which is not currently used in the County and will be eliminated. Many of the existing residential zones will remain the same. Other residential zones will be combined with existing zones that have similar development standards. The R-4Plex zone, which is not currently mapped anywhere in the county, will be removed from the proposed code. Implementation of Industrial zones will combine similar zones (Rural Service, I-1, and R+D) into the proposed Industrial Moderate (IM) zone. The existing heavy industrial zone (I-2) will be renamed as the Industrial Heavy (IH) zone. Examples: Agricultural and Rural Rural Density Transfer (RDT) Agricultural Reserve (AR) Residential R-60 (detached residential) R-60/TDR (detached residential) R-60 (detached residential)

Commercial and Mixed-Use Zone Implementation: Parcels located in the existing Commercial, Mixed-use, Central Business District (CBD), and Transit Station zones will be translated into one of the proposed Commercial/Residential (CR) or Employment (E) Zones using a two-tiered process. First, decisions about specific parcels in these zones were based on recommendations within the Master Plan. Planning staff reviewed each Master Plan in the County. When the Master Plan provided specific recommendations about allowed density, height, or mix of uses for individual commercial or mixed-use parcels, those recommendations were used to build the formula of the proposed zone. This ensures consistency with currently allowed density and height, and helps codify Master Plan recommendations in a parcel-specific manner. Second, if the Master Plan did not make specific recommendations, the current zone changed to a proposed zone on a one-to-one basis or the proposed zone was determined using a specific standardized decision tree (see example below). The standardized decision tree translates existing zones by considering each specific parcel s proximity to single-family neighborhoods or other factors. The goal of the implementation decision tree is to retain currently allowed heights and densities and maintain context sensitivity. Example: C-1 Convenience Commercial Confronts or abuts R-150 or less intense then NR-1.0 H-45 Abuts R-90, R-60, R-40, or R-MH then CRN-0.5 C-0.5 R-0.25 H-35 C-1 if Confronts R-90, R-60, R-40, or R-MH then CRT-0.75 C-0.5 R-0.5 H-45 Confronts or abuts RT or more intense then CRT-1.0 C-0.75 R-0.75 H-45

SILVER SPRING CBD PLAN HIGHLIGHTS The Silver Spring CBD Sector Plan, adopted February of 2000, establishes a vision to rejuvenate Silver Spring s core as an active town center. The plan includes recommendations for six aspects of the downtown: transit, pedestrian accessibility, commercial uses, residential uses, civic uses, and green space. The recommendations for transit focus on the need to maximize Silver Spring s existing transportation infrastructure and concentrate development near its transportation system. The commercial component of the Plan encourages the creation of a well-rounded local economy through a mixed-commercial profile. Retail, office, entertainment, and restaurant uses should be incorporated into the downtown to serve both local and regional markets as well as the business and resident communities. The Plan s residential recommendations seek to expand the CBD s residential population and provide housing options in a variety of sizes, ownership types, and locations. The Sector Plan also recommends development of plazas, recreation facilities, and community centers to serve the civic community. The Plan establishes criteria for landscaping the CBD s street network and designs for its network of open space including green parks, landscaped plazas, and green parking lots. Lastly, the Sector Plan proposes criteria for sidewalks, street crossings, street furniture, and other amenities in order to create an environment that encourages pedestrian activity. Ellsworth Avenue The Plan identifies five distinct revitalization areas in the CBD: Corridors and Gateways, the Core, the Ripley District, South Silver Spring, and Fenton Village. For each of the five areas, the Sector Plan makes recommendations for land use, zoning, urban design, circulation systems, housing, community facilities, and historic and environmental resources. The Plan seeks to stimulate appropriate development by providing market responsive land uses, zoning, and approval processes. The Plan promotes the commitment of public resources to support private investment.

ZONE IMPLEMENTATION The Silver Spring CBD Planning Area currently has 13 zones: 3 Residential, 2 Commercial, 6 Central Business District (CBD) and 2 Industrial. Existing Residential: R-60: Detached Unit, Single-Family R-20: Multi-Family, Medium Density R-10: Multi-Family, High Density Existing Commercial: C-T: Commercial, Transitional C-2: General Commercial Existing CBD: CBD-0.5: Central Business District CBD-1: Central Business District CBD-2: Central Business District CBD-3: Central Business District CBD-R1: Central Business District CBD-R2: Central Business District Existing Industrial I-1: Light Industrial I-4: Light Industrial : The existing R-60, R-10, and R-20 will remain as they are. The existing C-T will be changed to the proposed CRN (Commercial Residential Neighborhood) zone. The decision to translate the existing C-2 zone to the proposed CRT (Commercial Residential Town) zone is based on the specific parcel s proximity to residential neighborhoods. These factors were considered in the translation decision, with the overall goal to retain currently allowed heights and densities and maintain context sensitivity. The existing I-1 will be renamed IM (Industrial Moderate), and I-4 will be renamed IL (light industrial). The 6 existing CBD zones will translate into the specific proposed CR (Commercial Residential) zones using both the standard translation criteria and specific Master Plan recommendations. CBD parcels that do not have specific Master Plan recommendations will translate to the proposed zone based on the standard zoning translation table. Master Plan Recommended Translation: Several Silver Spring CBD parcels will translate to the proposed zones based on Silver Spring CBD Master Plan recommendations. We refer to these as non-standard translations. These parcels and the Master Plan guided translations are shown below.

MASTER PLAN-DRIVEN TRANSLATION

MASTER PLAN-DRIVEN TRANSLATION

MASTER PLAN-DRIVEN TRANSLATION Area 1 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-2.0 R-2.5 H-60 Number of Parcels 3 Reason for Non- Master Plan height restriction. Height limited to 60 feet. Relevant Text Silver Spring CBD Master Plan (1993): Page 130-133 The three single-family houses at the corner of Second Avenue and Fenwick Lane may provide an opportunity for redevelopment in the future. Should redevelopment occur, this Plan recommends a mid-rise residential project (with a 60-foot building height limit) that creates a desirable relationship with the surrounding buildings on Second Avenue. Area 2 Existing Zoning CBD-2 Proposed Zoning CR-5.0 C-3.0 R-4.5 H-200 Number of Parcels 1 Reason for Non- Master Plan recommendations about height. Height allowed to 200 feet. Relevant Text Silver Spring CBD Master Plan (2000): Page 43 Allow additional height above 143 feet on the Silver Triangle site with Planning Board approval. Area 3 Existing Zoning CBD-R2 Proposed Zoning CR-5.0 C-1.0 R-5.0 H-145 Number of Parcels 1 Reason for Non- Master Plan height restriction. Height limited to 145 feet. Relevant Text Silver Spring CBD Master Plan (1993): Page 95 Redevelopment of that portion of the Block 9 fronting on Georgia Avenue north of Fidler Lane should be limited to a height of 143 feet in order to provide an appropriate transition to the adjoining district north of the Core.

MASTER PLAN-DRIVEN TRANSLATION Area 5 Existing Zoning CBD-2 Proposed Zoning CR-5.0 C-3.0 R-4.5 H-120 Number of Parcels 15 Reason for Non- Master Plan height restriction. Height limited to 120 feet. Relevant Text Silver Spring CBD Master Plan (1993): Page 93-94 This Plan encourages ground floor retail uses oriented to the street with frequent shop entrances. The height of this project should not exceed the height of the existing Lee Plaza office building. Area 6 Existing Zoning CBD-3 Proposed Zoning CR-8.0 C-5.0 R-7.5 H-120 Number of Parcels 1 Reason for Non- Master Plan height restriction. Height limited to 120 feet. Relevant Text Silver Spring CBD Master Plan (1993): Page 93-94 This Plan encourages ground floor retail uses oriented to the street with frequent shop entrances. The height of this project should not exceed the height of the existing Lee Plaza office building.

MASTER PLAN-DRIVEN TRANSLATION Area 7 Existing Zoning CBD-2 Proposed Zoning CR-5.0 C-3.0 R-4.5 H-75 Number of Parcels 7 Reason for Non- Master Plan height restriction. Height limited to 75 feet. Relevant Text Silver Spring CBD Master Plan (2000): Page 43 Rezone the National Concrete Ready Mix parcels located on Cedar Street and Ellsworth Drive from CBD-1 to CBD-2 with a height limit of 60 feet, allowing the height to exceed 60 feet up to a maximum height of 75 feet with Planning Board approval based on compatibility with surrounding structures. Area 8 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-3.0 R-2.5 H-60 Number of Parcels 1 Reason for Non- Master Plan height restriction. Height limited to 60 feet. Relevant Text Silver Spring CBD Master Plan (1993): Page 113 The Plan recommends that Lot 7, i.e, Public Parking Lot 19, should be zoned CBD-1 to facilitate construction of a garage to support the Department Store Mall. If such a garage is built, height in excess of 60 feet should be approved only to the extent necessary to provide a direct connection to the Department Store Mall.

MASTER PLAN-DRIVEN TRANSLATION Area 9 Existing Zoning CBD-R2 Proposed Zoning CR-5.0 C-1.0 R-5.0 H-75 Number of Parcels 1 Reason for Non- Overlay Zone height restrictions. Height limited to 75 feet. Relevant Text Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(B) [Building Height in the overlay zone] along any street confronting any block that includes property zoned in a one-family residential classification, must not exceed 60 feet Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(E) for properties with frontage on both Wayne Avenue and Fenton Street, notwithstanding the height limitations in Subsection (b)(1)(b)-(d), may be increased by 15 feet for a building that includes residential uses or a mix of residential and commercial uses, if such additional height is not more than 200 feet from the right-of-way line for Fenton Street as recommended in the Approved and Adopted 2000 Silver Spring CBD Sector Plan. Area 10 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-2.0 R-2.5 H-75 Number of Parcels 1 Reason for Non- Overlay Zone height restrictions. Height limited to 75 feet. Relevant Text Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(D) [Building Height in the overlay zone] for property located in a block that includes property zones in any one-family residential classification, must not exceed 45 feet for all uses, except the building height must not exceed 60 feet for: (i) residential use; or (ii) mixed-use optional method project, if at least 33% of the project s floor area is residential and the project includes a hotel. Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(E) for properties with frontage on both Wayne Avenue and Fenton Street, notwithstanding the height limitations in Subsection (b)(1)(b)-(d), may be increased by 15 feet for a building that includes residential uses or a mix of residential and commercial uses, if such additional height is not more than 200 feet from the right-of-way line for Fenton Street as recommended in the Approved and Adopted 2000 Silver Spring CBD Sector Plan.

MASTER PLAN-DRIVEN TRANSLATION Area 11 Existing Zoning CBD-R2 Proposed Zoning CR-5.0 C-1.0 R-5.0 H-110 Number of Parcels 15 Reason for Non- Overlay height restriction. Height limited to 110 feet. Relevant Text Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(C) [Building Height in the overlay zone] within the area between a major highway and a street that confronts a block that includes property zoned in any one-family residential classification, must not exceed 60 feet but may increase up to 90 feet the maximum height allowed if at least 33 % of a project s floor area is residential; however, if additional building height is necessary to allow to accommodate workforce housing units and at least 33% of the project s floor area is residential, up to 110 feet and where the additional height is placed near a major highway and decreases in the direction of the closest property zoned in any one-family residential classification Area 12 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-2.0 R-2.5 H-60 Number of Parcels 23 Reason for Non- Overlay height restriction. Height limited to 60 feet. Relevant Text Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(D) property located in a block that includes property zones in any one- family residential classification must not exceed 45 feet for all uses except the building height must not exceed 60 feet for: (i) residential use; or (ii) mixed use optional method project, if at least 33% of the project s floor area is residential and the project includes a hotel.

MASTER PLAN-DRIVEN TRANSLATION Area 13 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-2.0 R-2.5 H-110 Number of Parcels 111 Reason for Non- Overlay height restriction Height limited to 110 feet. Relevant Text Montgomery County Zoning Ordinance 59-C-18.192.(b)(1)(C) [Building Height in the overlay zone] within the area between a major highway and a street that confronts a block that includes property zoned in any one-family residential classification, must not exceed 60 feet but may increase up to 90 feet the maximum height allowed if at least 33 % of a project s floor area is residential; however, if additional building height is necessary to allow to accommodate workforce housing units and at least 33% of the project s floor area is residential, up to 110 feet and where the additional height is placed near a major highway and decreases in the direction of the closest property zoned in any one-family residential classification Area 14 Existing Zoning CBD-2 Proposed Zoning CR-5.0 C-2.0 R-4.5 H-145 Number of Parcels 9 Reason for Non- Master Plan use mix recommendation. Set maximum commercial FAR to 2.0. Relevant Text Silver Spring CBD Master Plan (1993): Page 211-212 Block 36 is currently zoned CBD-3. The Plan recommends that Garage 5 and the lots which adjoin it on the south and west, lots 3-6, be rezoned CBD-2 with the requirement that any optional method development should include a minimum of 3 FAR of housing. This will encourage residential development while allowing for commercial use on the lower levels opposite the garage.

MASTER PLAN-DRIVEN TRANSLATION Area 15 Existing Zoning CBD-1 Proposed Zoning CR-3.0 C-2.0 R-2.5 H-125 Number of Parcels 17 Reason for Non- Overlay zone height restriction. Height limited to 125 feet. Relevant Text Montgomery County Zoning Ordinance 59-C -18.202.(b)(1) Building height in the overlay zone along Newell Street and Eastern Avenue that confronts a residential zone in the District of Columbia must not exceed a height of 45 feet. However, this building height may be increased to: (A) a maximum of 90 feet for any building or portion of a building that is set back at least 60 feet from the street; or (B) a maximum of 125 feet for residential development that is set back at least 100 feet from Eastern Avenue and Newell Street and includes a public parking garage constructed under a General Development Agreement with the County. Area 16 Existing Zoning CBD-R2 Proposed Zoning CR-5.0 C-0.5 R-5.0 H-200 Number of Parcels 9 Reason for Non- Zoning text amendment. Commercial FAR set at 0.5. Relevant Text Montgomery County Zoning Ordinance 59-C -6.234(a)(ii) 18 and Montgomery County Zoning Ordinance 59-C -6.234(b)(iii)(A) 18 On sites of 10 contiguous acres or more, the amount of non-residential development is limited to a maximum of 450,000 gross square feet.

ZONE IMPLEMENTATION Silver Spring CBD Existing Proposed Zone Acres Percent Zone Acres Percent R-60 15.01 100.00 R-60 15.01 5.53 R-10 14.25 94.92 R-10 14.25 5.25 R-20 8.27 55.09 R-20 8.27 3.05 CBD-0.5 11.93 79.48 CR-1.5 C-1.0 R-1.0 H-60 11.93 4.39 CR-3.0 C-2.0 R-2.5 H-110 19.37 7.13 CR-3.0 C-2.0 R-2.5 H-125 9.95 3.66 CR-3.0 C-2.0 R-2.5 H-60 4.27 1.57 CBD-1 79.14 527.13 CR-3.0 C-2.0 R-2.5 H-75 0.54 0.20 CR-3.0 C-2.0 R-2.5 H-90 33.86 12.47 CR-3.0 C-3.0 R-2.5 H-60 4.13 1.52 CR-3.0 C-3.0 R-2.5 H-90 7.01 2.58 CR-5.0 C-2.0 R-4.5 H-145 3.28 1.21 CR-5.0 C-3.0 R-4.5 H-120 4.78 1.76 CBD-2 69.45 462.59 CR-5.0 C-3.0 R-4.5 H-145 41.91 15.43 CR-5.0 C-3.0 R-4.5 H-200 3.43 1.26 CR-5.0 C-3.0 R-4.5 H-75 0.89 0.33 CR-5.0 C-5.0 R-4.5 H-145 15.14 5.58 CR-8.0 C-5.0 R-7.5 H-120 0.43 0.16 CBD-3 15.49 103.17 CR-8.0 C-5.0 R-7.5 H-200 8.30 3.06 CR-8.0 C-7.5 R-7.5 H-200 6.76 2.49 CBD-R1 9.90 65.96 CR-3.0 C-0.75 R-3.0 H-145 9.90 3.65 CR-5.0 C-0.5 R-5.0 H-200 29.00 10.68 CR-5.0 C-1.0 R-5.0 H-110 2.06 0.76 CBD-R2 34.84 232.09 CR-5.0 C-1.0 R-5.0 H-145 0.44 0.16 CR-5.0 C-1.0 R-5.0 H-200 3.20 1.18 CR-5.0 C-1.0 R-5.0 H-75 0.15 0.05 C-2 1.05 6.99 CRT-2.5 C-1.5 R-1.5 H-75 1.05 0.39 C-T 0.16 1.05 CRN-0.5 C-0.5 R-0.25 H-35 0.16 0.06 I-1 5.96 39.69 IM-2.5 H-120 5.96 39.69 I-4 6.13 40.82 IL-1.0 H-45 6.13 40.82 Grand Total 271.58 Grand Total 271.58

EXISTING ZONING MAP Existing Zones Residential Medium Density R-60 Multi-Family R-20 R-10 Commercial C-T C-2 Central Bus. Dist. CBD-0.5 CBD-1 CBD-2 CBD-3 CBD-R1 CBD-R2 Light Industrial I-1 I-4

PROPOSED ZONING MAP Proposed Zones Residential Medium Density R-60 Multi-Family R-20 R-10 Comm/Res- Neighborhood CRN Comm/Res- Town CRT Commercial/ Residential CR Light Industrial IL Moderate Industrial IM

PLANNING AREA CONTEXT