Master Plan Review

SILVER SPRING CBD

Approved and Adopted February 2000

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

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. The Montgomery County Planning Department is working in coordination with Code Studio, a team of nationally recognized consultants; a citizen panel, known as the Zoning Advisory Panel (ZAP); and other County agencies to improve the zoning code. The ZAP was appointed by the Planning Board to weigh in on the projects direction and advise staff.

Public Listening Session 9/2009

Initial sections of the new code are drafted by Code Studio, and are subsequently analyzed and edited by planners based on feedback from ZAP, county agency representatives, residents and other stakeholders. The Zoning Code Rewrite drafts continue to undergo multiple reviews and revisions in preparation for the distribution of a public draft of the new code expected in summer 2012. The comprehensive public draft will then be presented to the Planning Board and, ultimately, the County Council as part of a public review process.

ZONE CONVERSION PROCESS

An important aspect of the Zoning Rewrite process is the potential conversion of 123 existing zones into 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 conversion process, Montgomery County aims to simplify the number of zones, eliminate redundancy, and clarify development standards. A full conversion chart for all zones can be found in the documents section of our website: www.zoningmontgomery.org.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

Agricultural, Residential, and Industrial Zone Conversion:

For agricultural and rural zones, the existing zones will be converted 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. Several of the existing residential zones will also directly convert on a one-to-one basis. Other residential zones will be converted by combining 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. Conversion of Industrial zones will combine similar zones (Rural Service, I-1, and I-4) into the proposed Industrial Light (IL) zone. The existing heavy industrial zone (I-2) will convert directly to the proposed Industrial Heavy (IH) zone.

EXAMPLES:
Agricultural And Rural
Rural Density Transfer (RDT) Agricultural Conservation (AC)

Residential, Detached Unit (R-60) Residential, Detached Unit (R-40) Residential, Mobile Home Development (RMH)

Residential

Residential Detached, Medium Density (RMD-6)

Rural Service (RS)

Industrial

Light Industrial I-4 (I-1)

Industrial Light (IL)

Light Industrial (I-4)

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

Commercial and Mixed-Use Zone Conversion:

Parcels located in the existing Commercial, Mixed-use, Central Business District (CBD), and Transit Station zones will be converted into one of the proposed Commercial/Residential (C/R) or Employment (E) Zones using a two-tiered process. First, decisions for conversions of a specific parcel 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 conversion 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 converted 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 converts existing zones by considering each specific parcels proximity to auto-centric localities, village and town centers, and detached residential neighborhoods. The goal of the conversion decision tree is to retain currently allowed heights and densities and maintain context sensitivity.

EXAMPLE: C-1 Convenience Commercial

Then

Conversion Decision Criteria for C-1, Convenience Commercial Current Max FAR: None (90% Coverage) Current Max Height: 30 average at finished grade along the building up to 45

Then

If the C-1 Parcel Is:

Then

Then

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

SILVER SPRING CBD

PLAN HIGHLIGHTS
The Silver Spring CBD Sector Plan, adopted February of 2000, establishes a vision to rejuvenate Silver Springs 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 Springs 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 Plans residential recommendations seek to expand the CBDs 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 Ellsworth Avenue landscaping the CBDs 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. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

ZONE CONVERSION
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, One Family R-20: Multiple-Family, Medium Density Residential R-10: Multiple-Family, High Density Residential 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 Industrial I-1: Light Industrial I-4: Light Industrial

Standard Conversion: The existing R-60 will convert to the proposed RMD-6 zone. The existing R-20 will convert to the proposed RHD-2 zone (Multi-Family, Medium Density) and the R-10 will convert to the proposed RHD-1 (Multi-Family, High-Density) zone. The existing C-T will convert to the proposed CRN zone with an overal FAR of 0.5 and a heigh limit of 35 ft. The decision to convert the existing C-2 zone to the proposed CRT zone is based on the specific parcels proximity to auto-centric localities, village and town centers, and detached residential neighborhoods. These factors were considered in the conversion decision, with the overall goal to retain currently allowed heights and densities and maintain context sensitivity. The existing I-1 and I-4, both light industrial uses, will combine to form the proposed IL zone. The 6 existing CBD zones will convert to the specific proposed CR zones using both the standard conversion criteria and specific Master Plan recommendations. CBD parcels that do not have specific master plan recommendations will convert to the proposed zone based on the standard zoning conversion table. Master Plan Recommended Conversion: Several Silver Spring CBD parcels will convert to the proposed zones based on Silver Spring CBD Master Plan recommendations. We refer to these as non-standard conversions. These parcels and the Master Plan guided conversions are shown below.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 1 CBD-1 CR-3.0 C-2.0 R-2.5 H-60 3 Master plan height restriction. Height limited to 60 feet. 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

2 CBD-2 CR-5.0 C-3.0 R-4.5 H-145 4 Master plan recommendations about height and mix of uses. Height limited to 145 feet. Silver Spring CBD Master Plan (1993): Page 135
The Plan recommends that this site be redeveloped as an optional method mixed-use project with a maximum FAR of 5 and a height limit of 143 feet. The commercial component should be limited to 160,000 square feet and the residential portion should be at least 160,000 square feet.

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

3 CBD-R2 CR-5.0 C-1.0 R-5.0 H-145 1 Master plan height restriction. Height limited to 145 feet. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 4 CBD-2 CR-5.0 C-3.0 R-4.5 H-145 1 Master plan height restriction. Height limited to 145 feet. 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.

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

5 CBD-2 CR-5.0 C-3.0 R-4.5 H-120 15 Master plan height restriction. Height limited to 120 feet. 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

6 CBD-3 CR-8.0 C-5.0 R-7.5 H-120 1 Master plan height restriction. Height limited to 120 feet. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 7 CBD-2 CR-5.0 C-3.0 R-4.5 H-75 7 Master plan height restriction. Height limited to 75 feet. 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

8 CBD-1 CR-3.0 C-3.0 R-2.5 H-60 1 Master plan height restriction. Height limited to 60 feet. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 9 CBD-R2 CR-5.0 C-1.0 R-5.0 H-75 1 Overlay Zone height restrictions. Height limited to 75 feet. 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

10 CBD-1 CR-3.0 C-2.0 R-2.5 H-75 1 Overlay Zone height restrictions. Height limited to 75 feet. 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 projects 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 11 CBD-R2 CR-5.0 C-1.0 R-5.0 H-110 15 Overlay height restriction. Height limited to 110 feet. 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 projects floor area is residential; however, if additional building height is necessary to allow to accommodate workforce housing units and at least 33% of the projects 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

12 CBD-1 CR-3.0 C-2.0 R-2.5 H-60 23 Overlay height restriction. Height limited to 60 feet. 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 projects floor area is residential and the project includes a hotel.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 13 CBD-1 CR-3.0 C-2.0 R-2.5 H-110 111 Overlay height restriction Height limited to 110 feet. 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 projects floor area is residential; however, if additional building height is necessary to allow to accommodate workforce housing units and at least 33% of the projects 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

14 CBD-2 CR-5.0 C-2.0 R-4.5 H-200 9 Master plan use mix recommendation. Set maximum commercial FAR to 2.0. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

MASTER PLAN-DRIVEN CONVERSIONS

Area Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text 15 CBD-1 CR-3.0 C-2.0 R-2.5 H-125 17 Overlay zone height restriction. Height limited to 125 feet. 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 Existing Zoning Proposed Zoning Number of Parcels Reason for NonStandard Conversion Modification Relevant Text

16 CBD-R2 CR-5.0 C-0.5 R-5.0 H-200 9 Zoning text amendment. Commercial FAR set at 0.5. 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.

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

ZONE CONVERSION
Silver Spring CBD
Existing Zone
R-60 R-20 R-10 C-T C-2 CBD-0.5

Proposed Zone Acres Percent

15.01 8.27 14.25 0.16 1.05 11.93 4.27 4.13 0.54 19.37 9.95 7.01 33.86 1.96 4.78 0.89 3.28 43.38 15.14 0.43 8.30 6.76 9.90 0.44 29.00 3.20 2.06 0.15 12.09 5.53 3.05 5.25 0.06 0.39 4.39 1.57 1.52 0.20 7.13 3.66 2.58 12.47 0.72 1.76 0.33 1.21 15.97 5.58 0.16 3.06 2.49 3.65 0.16 10.68 1.18 0.76 0.05 4.45 5.53 RMD-6 3.05 RHD-2 5.25 0.06 0.39 4.39 RHD-1 CRN-0.5 C-0.5 R-0.25 H-35 CRT-2.0 C-1.5 R-1.5 H-65 CR-1.5 C-1.0 R-1.0 H-60 CR-3.0 C-2.0 R-2.5 H-60 CR-3.0 C-3.0 R-2.5 H-60

Acres Percent
15.01 8.27 14.25 0.16 1.05 11.93

CBD-1

79.13

CR-3.0 C-2.0 R-2.5 H-75 29.14 CR-3.0 C-2.0 R-2.5 H-110 CR-3.0 C-2.0 R-2.5 H-125 CR-3.0 C-3.0 R-2.5 H-145 CR-3.0 C-2.0 R-2.5 H-145 CR-5.0 C-3.0 R-4.5 H-145 CR-5.0 C-3.0 R-4.5 H-120 CR-5.0 C-3.0 R-4.5 H-75 25.57 CR-5.0 C-2.0 R-4.5 H-200 CR-5.0 C-3.0 R-4.5 H-200 CR-5.0 C-5.0 R-4.5 H-200 CR-8.0 C-5.0 R-7.5 H-120 5.70 CR-8.0 C-5.0 R-7.5 H-200 CR-8.0 C-8.0 R-7.5 H-200 3.65 CR-3.0 C-0.75 R-3.0 H-145 CR-5.0 C-1.0 R-5.0 H-145 CR-5.0 C-0.5 R-5.0 H-200 12.83 CR-5.0 C-1.0 R-5.0 H-200 CR-5.0 C-1.0 R-5.0 H-110 CR-5.0 C-1.0 R-5.0 H-75

CBD-2

69.44

CBD-3 CBD-R1

15.49 9.90

CBD-R2

34.84

I-1 I-4

5.96 6.13

2.19 IL 2.26

Grand Total

271.56

Grand Total

271.56

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

ZONE CONVERSION

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

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

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

PROPOSED ZONING MAP

Proposed Zones
Residential Medium Density
RMD-6

Multi-Family
RHD-2 RHD-1

Comm/ResNeighborhood
CRN

Comm/ResTown
CRT

Commercial/ Residential
CR

Light Industrial
IL

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org

PLANNING AREA CONTEXT

Proposal based on November 22, 2011 ZAP Review Draft

www.zoningmontgomery.org