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Lerch early zoning seminar 2012

Lerch early zoning seminar 2012



Montgomery County, Maryland planners present revisions to the county's zoning code at a seminar sponsored by Lerch, Early & Brewer's land use attorneys.

Montgomery County, Maryland planners present revisions to the county's zoning code at a seminar sponsored by Lerch, Early & Brewer's land use attorneys.



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    Lerch early zoning seminar 2012 Lerch early zoning seminar 2012 Presentation Transcript

    • Rewrite for the Future: Montgomery County’s New Zoning Code Lerch, Early & Brewer, Chtd.www.lerchearly.com October 12, 2012
    • Presentation from Montgomery County Planning Department
    • Chapter 59: Zoning Code Zoning Code Rewrite Fall 2012
    • Topics • Introduction • Schedule • The Big Picture & How It All Fits Together • What’s New
    • IntroductionGoals and Objectives:• Modernize – Consolidation of uses and zones – Update single-use commercial areas; limited residential development• Simplify – Make the zoning code easier to use – One use table – Diagrams – Separate articles on Euclidean zones, floating zones, standard and optional method• Clarify – Review process determined by intensity of use and proximity to residential development – Inclusion of public benefits, recreational facilities and landscaping amenities – Protections for legal nonconforming development and existing approvals
    • IntroductionOrganization:• 59-1 General Provisions – Purpose – Applicability – Use of the Code – Definitions• 59-2 Zoning Districts – Zones Established – Euclidean and Floating Zone Intent Statements – Zoning Map• 59-3 Uses & Use Standards – Use Table – Use Categories – Agricultural, Residential, Civic, Commercial, Industrial, Miscellaneous• 59-4 Euclidean Zoning Regulations – Rules for all zones – Standard method development regulations – Overlay zones
    • IntroductionOrganization:• 59-5 Floating Zone Regulations – Applicability – Purposes – Land Uses and Building Types – Development Standards• 59-6 Optional Method Regulations – MPDU and Cluster – TDR – C/R and Employment zones – Public Benefits• 59-7 General Development Regulations – Site Access, Parking, Queuing, and Loading – Open Space – Recreation Facilities – Landscaping and Outdoor Lighting, Storage & Display – Signs• 59-8 Administration & Procedures – Organized by type of approval
    • The Big PictureInterconnections between regulations. Options and alternativesDevelopment subject to regulationsshould produce the desired patterns. Land uses & Use standards Intensity & Impact Interconnections Basic regulations Process & Transparency
    • UsesThe Big Picture • More FlexibleElliot’s example of 10 • Mixed-use Middle“Better Ways to Zone” • Attainable Housing Existing development • Mature Areas Standards • Living with Nonconformities Impacts • Dynamic Development Standards • Negotiated Large Developments Public Interface • Depoliticized Final Approvals • Better Webbing • Scheduled Maintenance
    • The Big Picture Euclidean vs Floating Balance & proportional ‘reaction’. Standards vs. Standard vs Waivers & Optional Variances Balance General Permitted vs Regulations Limited vs vs Alternative Conditional Compliance Permit vs Site Plan vs Sketch Plan/FZMA
    • Basic Zoning FamiliesThe Big Picture AgriculturalBasic zoning districts to implement Rural Residentialarea plans and policies Residential – Detached, Townhouse, Apart ment Commercial/Residential – Neighborhood, Town, and Regional Employment – Office, Life Sciences, General Retail, Neighborhood Retail Industrial – Light & Heavy
    • Floating ZonesThe Big Picture • Residential – Detached,Floating zones for interim Town, Apartmentopportunities with public inputbetween master plan revisions • C/R – Neighborhood, Town, and Regional • Employment – Office, Life Sciences, General Retail, Neighborhood Retail
    • Overlay ZonesThe Big Picture • SPAs – limits on imperviousOverlay zones for unique areacircumstances • NP – neighborhood protection • TDR – receiving areas
    • Development MethodsThe Big PictureBasic standards vs negotiated options • Standard – Established building types – Set development standards – Limited process • Optional – Flexible building types – Increased density and/or flexible development standards – Public benefits and amenities • Rural/Residential: environmental and affordable housing • C/R & Employment: various – Additional process
    • How the Pieces Fit Together SubdivisionZoning is one aspect of regulations used to Stagingimplement policy. Road ZoningVarious agencies and all property owners and Code, Building Requirementscitizens use the zoning ordinance to Code, etc.design, review, and implement development. Buildable Subdivision project Master Plans & Regulations Guidelines Affordable Forest Housing Conservation & Requirements SWM Regulations
    • StandardHow the Pieces Fit Together Development Method OptionalA toolkit must be complete: we have a widevariety of land uses from highly urbanized mixed (Rezoning)use to rural agricultural PermittedTools within the toolkit must complement eachother to get the job done Use LimitedThresholds based on intensity: non-discretionaryapprovals versus process-oriented discretionary Conditional Subject Zoneapprovals Units Intensity Bulk Height Low/Medium Density Adjacency Medium/High Density
    • How the Pieces Fit Together Buffering • OptionsBasic rules for compatibility built in • Plantings/Fencing/Berms • Based on Building Type & Adjacent Zone Parking • Lighting Restrictions • Buffering & Planting Neighborhood Compatibility • Angular Plan Restriction • Based on Adjacent Zoning Standards
    • Findings for approvalsHow the Pieces Fit Together connect the ordinance to Master plans master plans Staging Development has Adequate Public Facilities public facility and Findings master plan staging restrictions The full range of use, density, and form must be available for the 40+ master plans Master plans recommend zoning to implement land use policy
    • How the Pieces Fit TogetherAgain: balance Submittal Requirements •Application •Ownership •Site Information •Justification Statement •Plans
    • What’s New?Building Type Descriptions 20
    • What’s new??Building Types Allowed 21
    • What’s New? Uses and Uses Standards • One use table • Use Categories (ag, residential, civic, commercial, industrial, misc) • Use Groups (farming, home occupation, parking) • Individual Uses (crop farming, livestock farming) • Each use group or individual use: – Defined with examples; – Some use groups have standards – All individual uses have standards where L or C New Uses – Access to Local Food Production – Flexible Housing Options – Zone Consolidation – Use Modernization/Clarification
    • What’s New?Agricultural, Rural Residential, and Residential ZonesVery few changes proposed for these zones, some modifications include:• Propose changing the name of the RDT zone to Agricultural Reserve (AR)• Consolidation of several uses into Residential Care facility – 3 categories proposed based on size: – Residential Care Facility (up to 8 persons) – Residential Care Facility (9 – 16 persons) – Residential Care Facility (over 16 persons)• Proposed removal of the use “Parking of motor vehicles, other than heavy commercial vehicles, off-street in connection with commercial uses” , currently a special exception in the R-60 and R- 40 zones. (Retained use in historic districts only)• Addition of building types to the code means a general building in the ag, rural and residential zones has development standards that differ from the standards for a detached house. The general building is not a use – it is a building type provided to accommodate allowed uses in these zones, such as a Cultural Institution or Day Care Facility.
    • What’s New?C/R and Employment ZonesC/R has been modified during the rewrite process: • revising the allowable uses due to consolidation of the use table and zones, • revising the Limited use, • creating development requirements for standard method development, and • adjusting the public benefit point allocationsEmployment zones: • modeled on the C/R family of zones • dimensional requirements for standard method development • optional method of development requires public benefit points • fewer total points, from fewer categories, are needed
    • What’s New?Floating ZonesNew families of floating zones proposed: Residential Floating zones C/R Floating Zones, and Employment Floating ZonesArticle on Floating zones contains: – Zones – Applicability – Purposes – Land Uses – Building Types – Development Standards • Maximum density restricted by pre-existing zone & lot size • Height restrictions based on angular plane
    • What’s New?Optional MethodRural Residential, and Residential Zones – – No changes to density or building types. – Modest changes to development standards ; slightly reduced lot sizes to allow for greater land preservation. – Useable area redefined to be less ambiguousC/R and Employment Zones - – Public Benefits • Major Public Facilities; • Transit Proximity; • Connectivity & Mobility; • Diversity of Uses & Activities; • Quality Building & Site Design; • Protection & Enhancement of the Natural Environment (incorporated retained buildings); – General Considerations: no change; – Implementation Guidelines: no change.
    • What’s New?General Development Regulations: Updated parking numbers – Integrated with new Chapter 60 – Bike spaces based on use (not parking) Open space standards Recreation facility point system Buffering & screening requirements Signs & outdoor storage largely unchanged
    • What’s New?Administration and Procedures:• Separate sections on approvals by review authority, each section includes: – Applicability – Application Requirements – Review and Recommendation – Approval Criteria – Decision – Subsequent Applications – Scope of Approval – Recording Procedures – Amendments• Noticing Standards• Existing Approvals• Nonconformities• Violations, Penalties and Enforcement• Special Provisions
    • ToolsComparison charts for uses ^= Use has 1 or more footnotes attached CRN CRT CR EGR ENR ELS EOF TOMX- CBD-1 CBD-2 CBD-3 CBD- CBD- CBD- New Use/ UseFact Sheets RMX-2C RMX-3C O.5 2.0 R1 R2 RMX-1 RMX-2 RMX-3 Current Use Current Category MXTC CR-N Group R&D CR-T TMX C-O LSC C-1 C-4 C-1 C-2 C-4 C-2 C-1 CR (S) (O) (S) (O) (S) (O) (S) (O) (S) (O) (S) (O) (S) (O)Video AGRICULTURAL Community Garden New Use L L L L L L L Farm building supply Commercial and construction P^ P^ P^ Farm Supply, Machinery Farm implements, Commercial P P Sales, Storage, Service storage and sales Feed and grain, storage Commercial P P and sales P Farming Farm, limited to crops, Agricultural P P P Urban Farming vegetables, herbs and ornamental plants L L L L L L L http://vimeo.com/montgomeryplanning/what-is-zoning
    • ToolsConversion Chart and Master Plan Analysis Packets
    • Tools Conversion Chart and Master Plan Analysis PacketsCurrent Zone Proposed ZoneSymbol Name Symbol NameAgricultural and Rural ResidentialRDT Rural Density Transfer AR Agricultural ReserveR Rural R RuralRC Rural Cluster RC Rural ClusterLDRC Low Density Rural Cluster None Zoned; Not RetainedRNC Rural Neighborhood Cluster RNC Rural Neighborhood ClusterResidential, DetachedRE-2 Residential Estate - 2 RE-2 Residential Estate - 2RE-2C Residential Estate - 2C RE-2C Residential Estate - 2CRE-1 Residential Estate -1 RE-1 Residential Estate - 1R-200 Residential - 20,000 sf lot Commercial Zones R-200 Residential- 20,000 sf lotR-150 Residential - 20,000 sf lot CRN Commercial/Residential - NeighborhoodR-90 Residential - 9,000 sf lot R-90 Residential - 9,000 sf lot C-1 Convenience Commercial CRT Commercial/Residential - TownR-60 Residential - 6,000 sf lot R-60 Residential - 6,000 sf lot ENR Employment, Neighborhood RetailR-40 Residential - 6,000 sf lot R-40 Residential - 6,000 sf lot CRT Commercial/Residential - Town C-2 General CommercialResidential, Multi-Unit EGR Employment, General RetailR-4plex Residential 4-plex None Zoned; Not Retained CRN Commercial/Residential - Neighborhood C-4 Limited CommercialR-30 Multi-Family, Low Density R-30 Multi-Unit, Low Density CR Commercial/ResidentialR-20 Multi-Family, Medium Density R-20 Multi-Unit, Medium Density C-5 Low Density Office None Zoned; Not RetainedR-10 Multi-Family, High Density R-10 Multi-Unit, High Density C-6 Low Density Regional Commercial All C-6 is in White Oak Science Gateway Master Plan; under studyIndustrial Zones C-Inn Country Inn * Revert to former zoneI-1 Light Industrial Office Zones IL Industrial, LightI-4 Light Industrial C-O Commercial Office Building EOF Employment, OfficeI-2 Heavy Industrial IH Industrial, Heavy R&D Research & Development ELS Employment, Life SciencesMRR Mineral Resource Recovery None Zoned; Not Retained LSC Life Sciences Center ELS Employment, Life Sciences Central Business District Zones CBD-0.5 Central Business District - 0.5 CBD-1 Central Business District - 1 CBD-R1 CBD, Residential - 1 CR Commercial/Residential CBD-2 Central Business District - 2 CBD-R2 CBD, Residential - 2 CBD-3 Central Business District - 3 Mixed-Use Zones CR Commercial/Residential CR Commercial/Residential CRT Commercial/Residential- Town CRT Commercial/Residential- Town CRN Commercial/Residential - Neighborhood CRN Commercial/Residential - Neighborhood RMX-1 Residential, Mixed-Use Development RMX-2 Residential, Mixed-Use Development RMX-2C Residential, Mixed-Use Development CRT Commercial/Residential - Town RMX-3 Residential, Mixed-Use Development RMX-3C Residential, Mixed-Use Development MXTC Mixed-Use Town Center CRT Commercial/Residential - Town TOMX-2 Transit-Oriented, Mixed-Use CRT Commercial/Residential - Town TMX-2 Transit Mixed-Use CR Commercial/Residential
    • ToolsCompanion document to the Consolidated DraftRedline version to accompany each reportCode text disposition
    • Planning Board Review Process • Introduction, Format, Organization • Creating a Toolkit: policies, goals, the big pictureSept 10 - 13 • Organization & Process: approach, outreach • Commercial/Residential & Employment Zoning Districts • Intent, UsesSept 20 – Oct 11 • Development Standards, Optional Method • Agricultural, Rural, and Residential Zoning Districts • Intent, Uses Oct 15- 29 • Development Standards, Optional Method • Overlay &Floating Zoning Districts • Intent/Purpose, Applicability, Uses Nov 1- 13 • Development Standards • General Development Regulations and Administration & Procedures • Applicability and RequirementsNov 15-Dec 6 • Map Amendments, Text Amendments, Regulatory Applications
    • www.zoningmontgomery.org
    • For more information Lerch, Early & Brewer, Chtd. 3 Bethesda Metro Center, Suite 460 Bethesda, MD 20814 (301) 986-1300 www.lerchearly.com Thank you for your participation35