Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Untitled

Download as pdf or txt
Download as pdf or txt
You are on page 1of 58

Abstract

This document includes text of the Commercial/Residential and Employment zones, and the guidelines that explain how to meet the requirements of
these zones.
Source of copies
The Maryland-National Capital Park and Planning Commission
8787 Georgia Avenue
Silver Spring, MD 20910-3760
Online at: www.montgomeryplanning.org/zoning

Commercial/Residential and Employment Zones


Incentive Density Implementation Guidelines
October 2015
To be approved by the Montgomery County Planning Board

Contents
Purpose 5
CR, CRT, EOF and LSC zones overview

Process and Contents of a Sketch Plan

Public Benefits Required 8


Public Benefit Categories 10
Public Benefit Criteria 11

General public benefit

considerations 11

Major Public Facilities
12
Transit Proximity
13
Connectivity and Mobility 15

Advance dedication 16
Minimum parking 17
Neighborhood services 18
Public parking 19
Through-Block Connections 20

Transit Access Improvement 21
Streetscape 22
Trip mitigation 23
Wayfinding 24

Diversity of Uses and Activities 25
Adaptive buildings 26
Care centers 27

Dwelling unit mix 28
Enhanced Accessibility

for the Disabled 29
Live/Work Units 30
Affordable Housing 31

Small business opportunities 32


Quality of Building and Site Design
Architectural elevations 34
Exceptional Design 35

Historic Resource Protection 36

Public open space 37
Public art 38
Structured parking 39
Tower Step-Back 40

Protection and Enhancement


of the Natural Environment

33

41

Building lot termination 42


Cool Roof 44
Energy Conservation

and Generation 45
Habitat Preservation

and Restoration 46

Recycling Facility Plan 47

Transferable Development Right 48
Tree Canopy 49
Vegetated Area 50
Vegetated Roof 51

Building Reuse 53

C/R Zones Incentive Density Implementation Guidelines

October 2015

Purpose
Zoning Ordinance Citation

Section 4.7.1.C. Public Benefit Implementation Guidelines


The Planning Board must adopt, publish, and maintain guidelines that detail the standards and
requirements for public benefits. The guidelines must:
(a) Be consistent with the objectives of Division 4.7;
(b) Be in addition to any standards, requirements or rules for incentive density calculation
included in Division 4.7, but must not conflict with those provisions;
(c) Allow incentive floor area ratio (FAR) only for those public benefits listed in Section 4.7.3.
Use of Guidelines

The Planning Board, Planning Department staff, applicants and citizens will use these
guidelines when determining the adequacy of public benefits and amenities provided by an
optional method application for development on property zoned Commercial Residential (CR),
Commercial Residential Town (CRT), Employment Office (EOF) or Life Sciences Center (LSC).
The public benefits and amenities are considered within the entire development, subject to one
sketch plan, and may be compelled by a phasing plan on all subsequent site plans.
Limits of Guidelines

These guidelines illustrate and supplement the requirements in the County Zoning Ordinance.
Criteria for public benefits are based on best practices, meaningful implementation thresholds
and experience and analysis related to built projects.
Alternative criteria may be suggested, as long as the standards of the Zoning Ordinance
are met, the intent of the public benefit is achieved, the applicable master or sector plan
recommendations are implemented, and an appropriate amount of incentive density is
requested. In any case where criteria established by these guidelines conflict with another
County regulation, the regulation must be observed and the intent of the criteria must be
addressed by other means.

Optional method
Optional method development is
a zoning procedure used in some
Commercial/Residential (C/R) and
Employment zones that encourages
comprehensive planning and
mixed-use development. Under the
optional method, higher densities
are allowed in exchange for
significant public amenities and
facilities to support that additional
density.

A sketch plan is a conceptual design


that establishes a basic building,
open space and circulation
framework for future, more detailed
planning approvals. It serves as
an initial agreement between the
applicant and the Planning Board
about the public benefits that will be
provided for the density proposed.

Enforcement

Enforcement of the public benefits provided under these guidelines is governed by Section
7.3.4.K, Compliance and Enforcement, under the site plan provision of the County Zoning
Ordinance. Submittal requirements and conditions of approval may be imposed to ensure
compliance and enforcement.

C/R Zones Incentive Density Implementation Guidelines

October 2015

Overview of CR, CRT, EOF and LSC zones


Provisions

The Commercial/Residential zones (including CR and CRT) are a family of mixed-use zones that establish the zoning classification, maximum total
density, nonresidential density, residential density and building heights.
The Employment zones (including EOF and LSC) are a family of zones that establish the zoning classification, maximum total density, and height.
Once the zoning classification and the numbers associated with each of these factors are enacted on a zoning map, the zone is set. These guidelines
only apply to CR, CRT, EOF and LSC zones because only these zones may be developed under the optional method of development requiring public
benefits.
Requirements and Standards

CR Zones

There are requirements and standards that must be met by any


project in a CR, CRT, EOF or LSC zone, including setbacks,
public open space, streetscape improvements, residential
amenity spaces, bicycle parking and shower facilities, parking
facility design and consistency with the applicable master
plan and design guidelines. All development must satisfy the
standards and requirements in the County Zoning Ordinance,
regardless of any public benefits provided.

CRT 2.0, C 1.0, R 1.5, H 60


CRT sets the uses and some requirements
2.0 means the building floor ratio (FAR) is a maximum of two times the size of the lot
C 1.0 is the maximum commercial FAR within the total 2.0 FAR
R 1.5 is the maximum residential floor area within the total 2.0 FAR
H 60 is the maximum building height60 feet

Floor area ratio (FAR): The ratio of the gross floor area of a building to the area of the tract on which it is located. For example, a building with a
gross floor area of 43,560 square feet on a one-acre tract would have a 1.0 FAR. Parking and non-leasable space of the building are generally
excluded from the computation.
6

C/R Zones Incentive Density Implementation Guidelines

October 2015

Process and Contents of a Sketch Plan


Provisions

A sketch plan showing the general nature of a development, including all proposed public
benefits and amenities, must be presented to the public prior to filing an application.
Applicants are encouraged to use this required public meeting to present designs
to citizens and staff before any hardline engineering of development occurs, so that
alternatives can be explored and a best fit development can be achieved.
Sketch plans should maintain the minimum level of detail necessary to allow citizens, staff
and Planning Board members to evaluate a proposed development and make the required
findings of the ordinance in Section 7.3.3.E. Examples of appropriate levels of detail are
included in these guidelines, but more or less detail may be needed, which will become
apparent in the early discussions about an application.
It should be remembered by all parties that a sketch plan approval only ensures that an
application is appropriate in concept and appropriate for further detailed review at site
plan. Sketch plans may be modified at the site plan stage with proper notice and upon a
showing that the required findings can still be made.
The complete submittal requirements, application forms and fees are established by
the Montgomery County Planning Department and may be obtained online or at the
Information Desk at the Planning Department offices, 8787 Georgia Avenue, Silver Spring,
MD 20910. More information is available at www.MontgomeryPlanning.org or at 301495-4595.

A site plan is a detailed plan, required


only in certain cases, that shows proposed
development on a property in relation to
immediately adjacent areas. It indicates
roads, walks, parking areas, buildings,
landscaping, open spaces, recreation
facilities, lighting, etc. The Planning Board
approves the site plan after sketch plan
approval and before building permits can be
issued.

C/R Zones Incentive Density Implementation Guidelines

October 2015

Required Public Benefits


Density

Development on CR-, CRT-, LSC-, and EOF-zoned land may proceed under standard or
optional method development. Standard method development is limited in density to 0.5 FAR
or 10,000 square feet (whichever is greater) in the CR and LSC zones, and 1.0 FAR or 10,000
square feet in the CRT and EOF zones.
The difference in density between the standard method and the density indicated on the zoning
map is defined as incentive density. Any applicant wishing to develop above the standard
method densityup to the maximum allowed by the zonemust apply for an optional method
development approval.
During this application process, the applicant proposes to provide specific public benefits
and amenities that support the projects incentive density. The Planning Board will determine
whether the proposed public benefits support the additional density requested.
Height

The height on the zoning map (H) is the maximum building height allowed under standard or
optional method.
Minimum Points and Categories

Optional method applications must provide public benefits from at least the number of benefit
categories and for at least the minimum number of points indicated in the table (Section
4.5.4.A.2 and Section 4.6.4.A.2), regardless of whether the full density allowed by the zone is
realized. No proportional allocation of density and public benefits are allowed.
To ensure that applications are not filed piecemeal to avoid providing public benefits, common
ownership of adjoining properties is counted in any application and the applicable numbers of
benefit categories and benefit points are required.
All CR- and LSC-zoned properties must purchase (or make a payment) for building lot
terminations under Section 4.7.3.F.1.

C/R Zones Incentive Density Implementation Guidelines

October 2015

Incentive density is the amount of a


buildings floor area greater than the
maximum development allowed without
providing public benefits. To support
this added floor area, public amenities
must be provided and additional public
review is required.

Zoning Ordinance Citation

Section 4.5.4.A.2 and Section 4.6.4.A.2 Public Benefit Points and Categories
1. Public benefits under Division 4.7 must be provided according to zone and tract size, or
maximum total mapped FAR, whichever requires more public benefit points;
2. In the CR and LSC zones, the purchase of building lot terminations (BLTs) is required
under Section 4.7.3.F.1.a and Section 4.7.3.F.1.b, respectively.
Table 1: Required Public Benefits
Zone

CRT

Tract Size OR
Max Total FAR

Public Benefit Points


(min)

Number of Benefit
Categories

< 10,000 SF OR
<1.5 max FAR

25

10,000 SF OR
1.5 max FAR

50

< 10,000 SF OR
<1.5 max FAR

50

10,000 SF OR
1.5 max FAR

100

< 10,000 SF OR
<1.5 max FAR

15

10,000 SF OR
1.5 max FAR

30

< 10,000 SF OR
<1.5 max FAR

30

10,000 SF OR
1.5 max FAR

60

CR

LSC

Building Lot Termination (BLT) is


a transferable development right
created from a tract of land that is
at least 25 acres. The land must
be capable of being served by
an individual sewage treatment
unit that meets the requirements
of Chapter 27A (Montgomery
County Code) and applicable
regulations issued under that
Chapter. It must be located in the
County Agricultural Reserve (AR)
zone and transferred by a BLT
easement under Chapter 59 of
the Montgomery County Zoning
Ordinance. When a BLT easement
is recorded in the land records, the
right to build a dwelling unit on that
land in the AR zone is extinguished
by the easement.

EOF

C/R Zones Incentive Density Implementation Guidelines

October 2015

Public Benefit Categories


Zoning Ordinance Citation

Section 4.7.1.A. Public Benefit Categories


Public benefits must be provided that enhance or contribute to
the objectives of the zone among the following categories:
(a) Major Public Facilities;
(b) Transit Proximity;
(c) Connectivity and Mobility;
(d) Diversity of Uses and Activities;
(e) Quality Building and Site Design;
(f) Protection and Enhancement of the Natural Environment;
(g) Building Reuse.
Section 4.7.2 indicates the individual public benefits that may
be accepted in each of these categories.
There are seven categories of public benefits that may be used
to support incentive density in the CRT, CR, EOF and LSC zones.

Table 2: Public Benefits Categories


Major Public Facilities
Transit Proximity
Connectivity and Mobility
Advance Dedication

Transit Access Improvement

Minimum Parking

Streetscape Improvement

Neighborhood Services

Trip Mitigation

Public Parking

Way Finding

Through-Block Connection
Diversity of Uses and Activities
Adaptive Buildings
Care Centers

Moderately Priced Dwelling Units

Dwelling Unit Mix

Small Business Opportunities

Enhanced Accessibility for the Disabled


Quality of Building and Site Design

Major Public Facilities, Transit Proximity and Building Reuse are


self-contained categories. The other categories, Connectivity,
Diversity, Quality Design and Environment, require an applicant
to provide certain individual public benefits in order to obtain
incentive density.

Architectural Elevations

Public Open Space

Exceptional Design

Structured Parking

Historic Resource Protection

Tower Step-Back

These self-contained categories and the individual public


benefits are established by the County Zoning Ordinance and
certain basic criteria for implementation must be met. Additional
standards and rules are established by these guidelines.

Building Lot Terminations

Transferable Development Rights

Cool Roof

Tree Canopy

Energy Conservation and Generation

Vegetated Area

Habitat Preservation and Restoration

Vegetated Roof

Recycling Facility Plan

Vegetated Wall

Public Art
Protection and Enhancement of the Natural Environment

Building Reuse

10

Live/Work

C/R Zones Incentive Density Implementation Guidelines

October 2015

Public Benefit Criteria


Zoning Ordinance Citation

Section 4.7.1.B. General Public Benefit Considerations


Granting points as a public benefit for any amenity or project feature otherwise required by law is prohibited. In approving any incentive FAR based
on the provision of public benefits, the Planning Board must consider:
(a) The recommendations and objectives of the applicable master plan;
(b) The Commercial/Residential and Employment Zones Incentive Density Implementation Guidelines;
(c) Any design guidelines adopted for the applicable master plan area;
(d) The size and configuration of the site;
(e) The relationship of the site to adjacent properties;
(f) The presence or lack of similar public benefits nearby;
(g) Enhancements beyond the elements listed in the individual public benefit descriptions or criteria that increase public access to or enjoyment of
the benefit.

General Public Benefit Considerations


The foundation of optional method development is that applicants must provide public benefits in return for increases in density and height above the
standard method maximums, up to the maximum permitted by the zone. Three aspects of a public benefit must be analyzed:
The general considerations required by the zone for all public benefits.
The zones standards required for individual public benefits applicable to the specific benefit.
The additional criteria required by the guidelines.
Fundamentally, the general considerations establish that a public benefit must be consistent with the County Zoning Ordinance and the applicable
master plan and design guidelines, and must be appropriate for the particular context. The seven considerations listed above must be analyzed for all
public benefits and any additional criteria applied must be consistent with them.
Individual benefits also have specific criteria that are enumerated in subsequent sections. The Planning Board and its staff must consider both the
general and specific benefit criteria.

C/R Zones Incentive Density Implementation Guidelines

October 2015

11

Major Public Facilities


Zoning Ordinance Citation

Section 4.7.3.A. Major Public Facilities


1. Major public facilities include, but are not limited to, such facilities as a school, library, recreation center, park, County service center, bikeshare station,
public transportation or utility upgrade, or other resource delineated in an applicable master plan. Major public facilities provide public services at a
convenient location where increased density creates a greater need for civic uses and greater demands on public infrastructure.
2. I f a major public facility is recommended for a property in a master plan, an applicant for a sketch plan on that property must provide the major public
facility unless the Planning Board finds that the facility:
a. Is infeasible;
b. Would not be accepted by the government department or agency responsible for operating the facility; or
c. Is no longer in the public interest.
3. If a proposed major public facility is not recommended in the applicable master plan, the Planning Board must find that the facility or improvement
provides the community with a resource that is at least as beneficial as other major facilities recommended in the applicable master plan. Additionally, any
infrastructure upgrade may only receive incentive density for improvements beyond those required by any applicable adequate public facilities requirement
to complete the proposed development.
4. Due to the significance of incentive FAR in place-making, the Planning Board may approve incentive FAR for (a) the
conveyance of a site or floor area, (b) the construction of or (c) making a partial or full payment for a major public
facility that is accepted for use or operation by an appropriate public agency, community association or nonprofit
organization.
Guideline Criteria

Incentive density for major public facilities is limited to a maximum of 20 points in an LSC zone, 40 points in an EOF
or CRT zone, and 70 points in a CR zone. Incentive density points may be granted if:
The applicant conveys land and/or floor area for the facility.
Constructs the facility.
Makes a payment towards construction of the facility.

Wisconsin Place Community Recreation Center

For projects not providing simple conveyance of land or construction of a public facility, a payment toward the construction of a facility will be granted public
benefit points after public review and an assessment of master plan goals and community priorities.
In the case of a CR-zoned, 8-acre lot that includes provision of floor area and full build-out of a satellite library/ community center within the building, with no
land conveyed, the zone standards would be applied as follows:
Minimum Submittal Requirements

Formula: {[((L+F)/N)*2]+[(C/N)*4]}*100

Example

Sketch plan: description and calculation.


Site plan: final calculation, detailed layout, and agency or association
acceptance

N(net lot area)

348,480 square feet

L (land area conveyed)

0 square feet

F (floor area conveyed)

20,000 square feet

C (constructed area of facility)

20,000 square feet


Calculation: 23 points

12

C/R Zones Incentive Density Implementation Guidelines

October 2015

Transit Proximity
Zoning Ordinance Citation

Section 4.7.3.B. Transit Proximity


Transit proximity points are granted for proximity to existing or master-planned transit stops based on transit service level and CRT, CR, LSC, and EOF
zones. Public benefit points can only be granted for one transit stop.
Abutting or Confronting

Within Mile

Between and Mile

Between and 1Mile

Transit Service
Proximity Level

LSC

10

2.5

EOF or CRT

25

15

20

12.5

2.5

15

10

CR

50

30

10

40

25

30

20

10

7.5

20

15

2.5

1. Transit proximity is categorized according to three levels:


a. Level 1 is proximity to an existing or master planned Metrorail Station.
b. Level 2 is proximity to an existing or master planned station or stop along a rail or bus line with a dedicated, fixed path; this level excludes a site
that is within one mile of an existing or master planned Marc station.
c. Level 3 is proximity to an existing or master planned MARC station.
All distances for transit proximity are measured from the nearest transit station entrance or bus stop
entrance.
2. A project is abutting or confronting a transit station or stop if it shares a property line or easement
line, or is separated only by a right-of-way from an existing or master-planned transit station or stop,
and 100 percent of the tract in a single sketch plan application is within mile of the transit portal.
3. For split proximity-range projects:
a. If at least 75 percent of the tract in a single sketch plan application is within the closer of two
proximity ranges, the entire project may take the points for the closer range;
b. If less than 75 percent of the tract in a single sketch plan is within the closer of two proximity
ranges, the points must be calculated as the weighted average of the percentage of area in each
range.
Guideline Criteria

According to subsection 2. to qualify for the highest density points, a project must share a property
line with or confront a property with a transit station or stop. Further, 100 percent of the tract
submitted in a single sketch plan that takes advantage of this proximity must be within mile of that
portal. The ability to easily access the transit stop using a mode of travel other than the automobile
will also be taken into account.

Confronting properties are those that are


directly across a right-of-way from each other
based on a line between the two properties
that is drawn perpendicular to the right-of-way.
Properties within a 45 degree diagonal across
an intersection are also considered confronting.

C/R Zones Incentive Density Implementation Guidelines

October 2015

13

Subsection 3. ensures that properties are granted incentive density in proportion to their proximity to a transit station or stop when they
straddle the ranges. There are two parts to this provision. First, if a property is 75 percent within a proximity range, the entire property is
eligible for the density incentive enumerated for that range. Second, if less than 75 percent of a property is within a proximity range, a
property is eligible for a weighted average. In this case, the amount of property in each range must be calculated and the density incentive
enumerated as a weighted average.
To qualify for subsection 2):

To calculate under subsection 3):

A split-proximity range project is one that has property with


less than 75 percent of its area within a proximity range (for
example, within , , or one mile of a Metro station).

Formula: [(t1/T)*P1]+[(t2/T)*P2]

Example

T (total tract area)

80,000 square feet

t1 (tract area within proximity range 1)

55,000 square feet

t2 (tract area within proximity range 2)

25,000 square feet

P1 (points for range 1)

20 points

P2 (points for range 2)

15 points
Calculation: 18 points

Minimum Submittal Requirements

Sketch plan: scaled plan showing transit portal and entire sketch plan area.
Site plan: revised plan with final area calculations.

14

C/R Zones Incentive Density Implementation Guidelines

October 2015

Connectivity and Mobility


Zoning Ordinance Citation

Section 4.7.3.C. Connectivity and Mobility


Development that enhances connectivity between uses and amenities; increases mobility options; encourages walking, cycling and
transit; facilitates social interaction; provides opportunities for healthier living; and stimulates local businesses may achieve public
benefit points.
1. Advance Dedication: Up to 8 points in the LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zones for
dedicating or providing a reservation for dedication for master-planned rights-of-way in advance of a preliminary or site plan
application.
2. Minimum Parking: Up to 10 points for providing fewer than the maximum allowed number of parking spaces, where a maximum is
applicable.
3. Neighborhood Services: When fewer than 10 different basic services exist within mile, up to 15 points for providing retail bays
appropriate for at least 10 different basic services on-site or within mile, of which at least 4 have a maximum retail bay floor
area of 5,000 square feet.
4. Public Parking: Up to 25 points for providing up to the maximum number of parking spaces allowed in the zone as public parking.
5. Through-Block Connections: Up to 20 points for safe and attractive pedestrian connections between streets.
6. Transit Access Improvements: Up to 20 points for constructing new or improving existing transit access.
7. Streetscape Improvements: Up to 20 points for construction of off-site improvements, excluding any streetscape improvements
otherwise required.
8. Trip Mitigation: Up to 20 points for entering into a binding Traffic Mitigation Agreement to reduce the number of weekday morning
and evening peak hour trips attributable to the site in excess of any other regulatory requirement; the agreement must result in a
reduction of at least 50 percent for trips attributable to the site.
9. Way-Finding: Up to 10 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major
open spaces, cultural facilities, and transit opportunities.

C/R Zones Incentive Density Implementation Guidelines

October 2015

15

Zoning Ordinance Citation

1) Advance Dedication: Up to 8 points in the LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zone for
dedicating or providing a reservation for dedication for master- planned rights-of-way in advance of a preliminary or a site plan
application.
Guideline Criteria

The incentive density for advance dedication of right-of-way is calculated on a sliding scale that allows up to 8 points in the
LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zone based on the percentage of tract area that is
dedicated. Right-of-way dedicated in advance of submitting a development application may also be considered part of the tract
area for FAR calculations. The only advance dedications that will be considered for incentive density in a sketch plan approval
are dedications made in anticipation of future development, such as those made prior to filing a site plan or those made within
areas that will be developed during later phases of a sketch plan.
For example, the owner of a 75,300 square foot lot dedicates 8,500 square feet for a master-planned bikeway prior to filing a
site plan application for that portion of the site:
Formula: (D/N)*100

Example

D (dedicated land area)

8,500 square feet

N (net lot after dedication)

75,300 square feet


Calculation: 11 points

Minimum Submittal Requirements

Sketch plan: conceptual layout.


Preliminary plan: final location and area.
Prior to site plan: area recorded by plat.

16

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

2) Minimum Parking: Up to 10 points for providing fewer than the maximum allowed number of parking spaces, where a
maximum is applicable.
Guideline Criteria

Incentive density is calculated on a sliding scale, from no points for providing the maximum
allowable number of spaces on-site to 10 points for providing no more than the minimum
number of spaces on site.

Formula: [(A-P)/(A-R)] *10

Example

A (maximum allowed spaces)


R (minimum required spaces)

100 spaces

P (proposed spaces)

60 spaces
Calculation: 8 points

Unbundled parking
consists of parking
spaces priced
separately from the
building rent.

50 spaces

Minimum Submittal Requirements

Sketch plan: initial estimate of calculation.


Site plan: parking layout and uses with calculation approved.

C/R Zones Incentive Density Implementation Guidelines

October 2015

17

Zoning Ordinance Citation

3) Neighborhood Services: When fewer than 10 different basic services exist within mile, up to 15 points for providing retail bays
appropriate for at least 10 different basic services on-site or within mile, of which at least four must have a maximum retail bay
floor area of 5,000 square feet.
Guideline Criteria

Incentive density of 7.5 points is appropriate for a project that meets Zoning Ordinance criteria. No single use should occupy
an excessive amount of frontage and the services should contribute to improving the pedestrian environment.
Up to 5 additional incentive density points may be granted if other criteria are met, such as:
Required number of retail uses is within one block.
More than the minimum number of services are small businesses.
Qualifying basic services include banks, cafes, care centers, community/civic centers,
convenience stores, dry cleaners, hair care services, hardware stores, health clubs,
laundromats, libraries, medical and dental offices, parks, pharmacies, police and fire
stations, post offices, religious institutions, restaurants, schools, supermarkets, theaters.

Minimum Submittal Requirements

Site plan: map showing qualifying basic services, existing and proposed, within mile of
subject site, measured from each residential or office lobby.

18

C/R Zones Incentive Density Implementation Guidelines

October 2015

Neighborhood services contribute to an active


daily life and reduce the need for vehicle trips.

Zoning Ordinance Citation

4) Public Parking: Up to 25 points for providing up to the maximum number of parking spaces allowed in the zone as public parking.
Guideline Criteria

Incentive density is calculated on a sliding scale from zero points, if no public parking is provided, to 25 points for providing
100 percent of the spaces above the minimum amount required as publicly available spaces.

Formula: [P/(T-R)]*25

Example

P (public spaces provided)

25 spaces

T (total spaces provided)

115 spaces

R (minimum required spaces)

80 spaces
Calculation: 17 points

Minimum Submittal Requirements

Sketch plan: initial estimate of calculation.


Site plan: detailed parking layout with calculation.

Public parking areas may be run by a


public agency or a private entity and may
charge a fee.

C/R Zones Incentive Density Implementation Guidelines

October 2015

19

Zoning Ordinance Citation


5) Through-Block Connections: Up to 20 points for safe and attractive pedestrian connections between streets.
Guideline Criteria

Incentive density of 10 points is appropriate for connections that meet the following criteria:
Open-air (direct access between streets may be provided through the first floor of a building if the property owner grants a
public access easement for the walkway);
At least 15 feet wide;
Open to the public at least between 8 a.m. and 9 p.m. and, where the connection
leads to a transit facility or publicly-accessible parking facility within mile, for the
hours of operation of the transit or parking facility.
Additional incentive density may be appropriate if other criteria are met, such as:
At least 35 percent of the walls facing the interior pedestrian connection must have
clear, unobstructed windows above the floor level between three and eight feet;
Direct connection to parks, transit facilities, or public buildings;
Accessible retail uses along a majority of its length;
Increased width.
Fewer than 10 incentive density points may be granted if some of the guideline
requirements are not provided.
Submittal Requirements

Sketch plan: concept layout and narrative regarding guideline criteria.


Site plan: final detailed plan of circulation and site layout.

20

C/R Zones Incentive Density Implementation Guidelines

October 2015

Bethesda Row qualifies for the through-block


connection public benefit because, among
other attributes, the primarily pedestrian area
connects two streets, is non-climate controlled,
and has windows and activating uses along
each length.

Zoning Ordinance Citation

6) Transit Access Improvement: Up to 20 points for constructing new or improving existing transit access.
Guideline Criteria

Incentive density of 10 points is appropriate for transit access improvements that:


Upgrade pedestrian connections to transit stations or stops to County standards for handicapped accessibility;
Are located within mile of the project site or, in the case of mobile transit improvements, such as a bus shuttle, provide regular
access for passengers within mile;
Are not otherwise required on-site or along frontage.
Additional incentive density may be appropriate if other criteria are met, including:
Provision of closer access point;
Provision of public access easements;
Construction of seating areas and shelters.

Upgrades of substandard pedestrian routes to meet


County accessibility standards qualify as a transit
access improvement public benefit.

Additional points may be awarded for enhancements


to transit stations, stops, or routes.

Minimum Submittal Requirements

Sketch plan: layout and narrative of improvements.


Site plan: final detailed improvements and approvals by applicable agencies.

C/R Zones Incentive Density Implementation Guidelines

October 2015

21

Zoning Ordinance Citation

7) Streetscape: Up to 20 points for construction of off-site improvements, excluding any streetscape improvements otherwise required.
Guideline Criteria

Incentive density points for improvements to off-site streetscape are granted on a sliding scale, based on the area improved
calculated as a percentage of the lot area. The improvements must follow the applicable master plan recommendations,
including providing utilities underground. Construction of streetscape along the property frontage is required and does not
qualify for incentive density.
Formula: (S/N)*100

Example

S (streetscape improvements)

9,000 square feet

N (net lot area)

78,000 square feet


Calculation: 11 points

A safe and attractive pedestrian environment encourages walking.

Minimum Submittal Requirements

Sketch plan: conceptual layout.


Site plan: final layout, improvement details, and applicable agency approvals.

22

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

8) Trip Mitigation: Up to 20 points for entering into a binding traffic mitigation agreement to reduce the number of weekday morning
and evening peak hour trips attributable to the site in excess of any other regulatory requirement; the agreement must result in a
reduction of at least 50 percent for trips attributable to the site.
Guideline Criteria

Incentive density of 10 points is appropriate for trip mitigation agreements (TMAGs) that meet the County Zoning Ordinance
requirements. The TMAG must:
Be accepted by M-NCPPC and Montgomery County Department of Transportation (MCDOT) prior to certification of any site
plan for development subject to the agreement;
Outline the policies, tracking mechanisms, and reporting procedures for car-pooling, transit subsidies, parking restrictions,
bicycle facilities and other mitigation strategies.
Additional incentive density points may be appropriate if a greater than 50 percent reduction is proposed.

Facilities that promote walking, biking, carpooling, and transit use may be accepted
as part of a trip mitigation agreement.

Minimum Submittal Requirements

Sketch plan: Narrative.


Site plan: Approved Traffic Mitigation Agreement.

C/R Zones Incentive Density Implementation Guidelines

October 2015

23

Zoning Ordinance Citation

9) Wayfinding: Up to 10 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major open
spaces, cultural facilities and transit opportunities.
Guideline Criteria

Incentive density of up to 5 points is appropriate for installing way-finding signage in proposed open spaces and public spaces.
These signs should provide maps and information orienting pedestrians and cyclists to nearby:
Parks and publicly accessible open spaces;
Trails and paths;
Cultural and governmental facilities;
Transit stations and stops;
Artworks and landmarks;
Special areas, buildings, or facilities of interest.
Additional incentive density points may be appropriate if other criteria are met, including:
A large number of signs are provided;
The way-finding system helps fulfill a demonstrated need, such as implementing a municipal program or capital improvement
priority.

Legible cities are livable cities.

Minimum Submittal Requirements

Sketch plan: Narrative with conceptual layout and design.


Site plan: Final design, locations and installation details approved by applicable agencies prior to use-and-occupancy permit.

24

C/R Zones Incentive Density Implementation Guidelines

October 2015

Diversity of Uses and Activities


Zoning Ordinance Citation
Section 4.7.3.D. Diversity of Uses and Activities

Development that increases the variety and mixture of land uses, types of housing, economic variety and community activities; contributes
to development of more efficient and sustainable communities; reduces the necessity for automobile use; and facilitates healthier lifestyles
and greater social interaction.
1. Adaptive Buildings: Up to 15 points for constructing commercial or mixed-use buildings with minimum floor-to-floor heights
of at least 15 feet on any floor that meets grade and 12 feet on all other floors. Internal structural systems must be able to
accommodate various types of use with only minor modifications.
2. Care Centers: Up to 20 points for constructing a child, teen, or adult day care facility accommodating at least 15 users that satisfies
State standards.
3. Dwelling Unit Mix: Up to 10 points for integrating a mix of residential market-rate unit types with at least 7.5 percent efficiency
units, 8 percent one and two-bedroom units, and 5 percent three-or-more bedroom units; the proportional number of moderately
priced dwelling units (MPDUs) for each unit type must satisfy Chapter 25A.
4. Enhanced Accessibility for Seniors or the Disabled: Up to 20 points for constructing dwelling units with interiors that satisfy
American National Standards Institute A117.1 Residential Type A standards or an equivalent County standard.
5. Live/Work: Up to 15 points for developments of up to 2.0 floor area ratio (FAR) total allowed density that provide at least 3 units
or, for developments allowed greater than 2.0 FAR, 10 percent of the total unit count as live/work units.
6. Moderately Priced Dwelling Units: There is no limitation on the number of points for providing more than 12.5 percent of the
residential units as MPDUs as required under Chapter 25A.
7. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood-oriented businesses.

C/R Zones Incentive Density Implementation Guidelines

October 2015

25

Zoning Ordinance Citation

1. Adaptive Buildings: Up to 15 points for constructing commercial or mixed-use buildings with minimum floor- to-floor heights
of at least 15 feet on any floor that meets grade and 12 feet on all other floors. Internal structural systems must be able to
accommodate various types of use with only minor modifications.
Guideline Criteria

Incentive density of 7.5 points is appropriate for an adaptive building that meets the requirements of the zoning code. Points
will be pro-rated per building in multi-building projects.
Additional incentive density points may be appropriate if other criteria are met, including:
A structural system that can support additional density and height that may be added in the future, up to the maximum
permitted density, without demolishing the structure;
An internal layout that allows changes between residential, retail, and office uses by minor modifications.

Minimum Submittal Requirements

Sketch plan: Conceptual layout.


Preliminary plan: Final location and area.

26

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

2. Care Centers: Up to 20 points for constructing a child, a teen, or an adult day care facility accommodating at least 15 users that satisfies
State standards.
Guideline Criteria

Incentive density of 10 points is appropriate for care centers that provide:


Daytime child, teen, or adult care for at least 15 total users;
At least 25 percent of the spaces are open to the public at large.
Additional incentive density points may be appropriate if other criteria are met, including:
The care center is a master plan priority;
Serves more than 15 users;
Includes an adjacent lay-by or on-site drop-off area;
Offers a higher percentage of spaces open to the general public;
Provides recreation facilities above those required by law.

Easter Seals Harry and Jeanette Weinberg Inter-Generational


Center in Silver Spring serves children and seniors.

Minimum Submittal Requirements

Sketch plan: Narrative and location.


Site plan: Final size, location and layout; specific conditions for lease length and monitoring will be determined at the site plan stage.

C/R Zones Incentive Density Implementation Guidelines

October 2015

27

Zoning Ordinance Citation

3. Dwelling Unit Mix: Up to 10 points for integrating a mix


of residential market-rate unit types with at least 7.5
percent efficiency units, 8 percent one- and two-bedroom
units, and 5 percent three-or more bedroom units; the
proportional number of MPDUs for each unit type must
satisfy Chapter 25A.
Guideline Criteria

Incentive density of 5 points is appropriate for providing


residential buildings with a mix of dwelling unit types
(calculated by rounding to the next higher whole
number) with a minimum of:



7.5 percent efficiency dwelling units;


8 percent one-bedroom dwelling units;
8 percent two-bedroom dwelling units;
5 percent three-bedroom or larger dwelling units.

Incentive density of 10 points is appropriate for


providing residential buildings with a mix of dwelling unit
types (calculated by rounding to the next higher whole
number) with a minimum of:



10 percent efficiency dwelling units;


10 percent one-bedroom dwelling units;
10 percent two-bedroom dwelling units;
7.5 percent three-bedroom or larger dwelling units.

Minimum Submittal Requirements

Sketch plan: Conceptual layout and location with


narrative.
Site plan: Final layout, design and location approved at
site plan.
Prior to use-and-occupancy: As-built floor plans.

28

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

4. Enhanced Accessibility for the Disabled: Up to 20 points for constructing dwelling units with interiors that satisfy American National
Standards Institute A117.1 Residential Type A standards or an equivalent County standard.
Guideline Criteria

The provision of dwelling units that satisfy ANSI A117.1 Residential Type A standards, or an equivalent County standard, is eligible for
incentive density points of up to 20 points, on a sliding scale calculated on the percentage of complying units. Each percentage of
units is worth 3 points, thus, provision of seven percent of all units would be worth the full 20 points.

Simple changes in fixtures and facilities allow people


with disabilities to live comfortably and independently.

Formula: (A/T)*300

Example

A (ANSI 117.1 units)

12 units

T (total units)

200 units
Calculation: 18 points

Minimum Submittal Requirements

Sketch plan: Conceptual layout.


Site plan: Final location and area.

C/R Zones Incentive Density Implementation Guidelines

October 2015

29

Zoning Ordinance Citation

5. Live/Work Units: Up to 15 points for developments of up to 2.0 FAR total allowed density that provide at least 3 units or, for
developments allowed greater than 2.0 FAR, 10 percent of the total unit count as live/work units.
Guideline Criteria

Incentive density of 10 points is appropriate for providing:


Two live/work units in a development that is located in a zone mapped with an FAR equal to or less than 2.0; or
6.6 percent of the total units as live/work units in a development that is located in a zone mapped with an FAR greater than 2.0.
Incentive density of 15 points is appropriate for providing:
Three live/work units in a development that is located in a zone mapped with an FAR equal to or less than 2.0; or
10 percent of the total units as live/work units in a development that is located in a zone mapped with an FAR greater than 2.0.

Live/work units integrated into mixed-use communities provide products and services convenient to home.

Minimum Submittal Requirements

Sketch plan: Conceptual layout and location with narrative.


Site plan: Final layout, design and location.

30

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

6. Affordable Housing: There is no limitation on the number of points for providing more than 12.5% of the residential units as MPDUs as
required under Chapter 25.

a. Points are calculated as follows:


i. 12 points are granted for every 1 percent of MPDUs greater than 12.5 percent. Any fraction of a 1 percent increase in MPDUs
entitles the applicant to an equal fraction of 12 points.
ii. An additional 2 points are granted for every 1 percent of 2 bedroom MPDUs not otherwise required.
iii. An additional 5 points are granted for every 1 percent of 3 bedroom MPDUs.
iv. In any case, for density and points to be awarded, at least one more MPDU than would be required at 12.5 percent must be
provided to take advantage of the MPDU public benefit points in any zone.
v. For a project providing a minimum of 15 percent MPDUs, one less benefit category than required under Section 4.5.4.A.2 and
Section 4.6.4.A.2 must be satisfied. A project that provides a minimum of 20 percent MPDUs does not have to satisfy any other
benefit category under Section 4.5.4.A.2 and Section 4.6.4.A.2.
b. In a zone with a T designation, if a project exceeds 12.5 percent MPDUs, residential density may be increased under Section 4.5.2.C
in the Commercial/Residential zones or under Section 4.6.2.C in the Employment zones.
c. In a zone without a T designation:
i. If a project exceeds 12.5 percent MPDUs, the height limit of the applicable zone and master plan does not apply to the extent
required to provide the MPDUs. The additional height is calculated as the floor area provided for MPDUs above 12.5 percent,
divided by the average residential floor plate area, where each whole number and each remaining fraction allows an increase of
12 feet.
ii. For a project providing less than 15 percent MPDUs, the gross floor area of any MPDUs provided above 12.5 percent is exempt
from the calculation of FAR.
iii. For a project providing a minimum of 15 percent MPDUs, the gross floor area of all MPDUs provided is exempt from the calculation
of FAR.
Guideline Criteria

The calculations for incentive density for affordable housing are provided in the zoning ordinance and chapter 25A and must comply with
all applicable regulations. MPDUs are calculated as a percent of the total number of dwelling units.

Formula: (P-R)*12 + W*2+T*5

Example

P (percentage MPDUs provided)


R (percentage MPDUs required)
W (percentage 2 bedroom MPDUs provided, not otherwise required)

14.5%
12.5%

T (percentage 3 bedroom MPDUs provided)

1%

0%

Minimum Submittal Requirements

Sketch plan: Initial calculation


Site plan: Final approval per the Department of
Housing and Community Affairs Agreement to
Build.

Calculation: 29 points

C/R Zones Incentive Density Implementation Guidelines

October 2015

31

Zoning Ordinance Citation

7. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood- oriented businesses.
Guideline Criteria

Incentive density of 10 points is appropriate for developments that provide retail bays of no more than 5,000 square feet for:
At least three small businesses on sites over one acre; or
All of the commercial spaces on smaller sites.
Further, the approved gross floor space for these businesses must be restricted for a period of six years after the issuance of the initial
use and occupancy permits. The six-year time period is binding upon future owners and successors in title, and must be stated as a
condition of any site plan approved by the Planning Board. Before a building permit is submitted for approval, the applicant must file
a covenant in the County land records that reflects these restrictions.
Greater or fewer points are appropriate if more or less spaces are provided. Additional incentive density points are appropriate if
small business opportunities are a master plan priority.

Small businesses provide jobs, keep dollars in communities, and provide diverse products and services.

Minimum Submittal Requirements

Sketch plan: Conceptual layout and location with narrative.


Site plan: Final layout, design and location approved. Prior to building permit: Recorded covenant.
Prior to use-and-occupancy: As-built floor plans.

32

C/R Zones Incentive Density Implementation Guidelines

October 2015

Quality Building and Site Design


Zoning Ordinance Citation

Section 4.7.3.E. Quality Building and Site Design


High quality design is especially important in urban, integrated-use settings to ensure that buildings and uses are visually compatible with
each other and adjacent communities, and the pattern of development is harmonious. Due to increased density in these settings, buildings
tend to be highly visible and high quality design helps attract residents, patrons, and businesses to these areas.
Location, height, massing, faade treatments, and ornamentation of buildings all affect sense of place, orientation, and the perception
of comfort and convenience. The quality of the built environment affects light, shadow, wind, and noise, as well as the functional and
economic value of property.
1. Architectural Elevations: Up to 20 points for providing architectural faades and agreeing to particular elements of design, such as
minimum amount of transparency, maximum separation between doors, awning provisions, sign restrictions or lighting parameters,
that affect the perception of mass or pedestrian comfort, or enhance neighborhood compatibility.
2. Exceptional Design: Up to 10 points for building or site design whose visual and functional impacts exceptionally enhance the
character of a setting per the purposes listed in Section 4.7.3.E.
3. Historic Resource Protection: Up to 20 points for the preservation or enhancement of or payment toward preservation or enhancement
of, a historic resource or a contributing element within a historic district designated in the County Master Plan for Historic Preservation.
4. Public Open Space: Up to 20 points for providing, or making a payment for, public open space in excess of the minimum open space
requirement of the zone.
5. Public Art: Up to 15 points for installing public art reviewed for comment by the Art Review Panel under The Public Art Guidelines
approved by the Planning Board, or by paying a fee accepted by the Public Arts Trust Steering Committee.
6. Structured Parking: Up to 20 points for placing parking in an above- or below-grade parking structure.
7. Tower Step-Back: Up to 10 points for stepping back a buildings upper floors by a minimum of 6 feet behind the first floor faade. The
setback must begin at a height no greater than 72 feet.

C/R Zones Incentive Density Implementation Guidelines

October 2015

33

Zoning Ordinance Citation

1. Architectural Elevations: Up to 20 points for providing architectural faades and agreeing to be bound by particular elements of
design, such as minimum amount of transparency, maximum separation between doors, awning provisions, sign restrictions or lighting
parameters that affect the perception of mass, pedestrian comfort or enhance neighborhood compatibility.
Guideline Criteria

Incentive density of 10 points is appropriate for development that provides and is bound by architectural elevations as part of a
certified site plan showing particular elements of the faade, including:
Minimum amount of transparency on the first floor;
Minimal spacing between operable doors;
Design priorities of the applicable master plan or implementing design guidelines.
Additional incentive density points may be granted where additional elements, such as signage, awnings, and lighting design, are
included, and where architectural elevations are a priority of the applicable master plan.

Adherence to specific faade design elements can be important in neighborhoods concerned about community character and context.

Minimum Submittal Requirements

Sketch plan: Concept and narrative.


Site plan: Final details and binding elevations.

34

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

2. Exceptional Design: Up to 10 points for building or site design whose visual and functional impacts exceptionally enhance the
character of a setting, per the purposes listed in Section 4.7.3.E.
Guideline Criteria

Incentive density of 5 points is appropriate for development that meets at least four of the following criteria. 10 points is
appropriate for development that meets all of them. Building or site design qualifies for the incentive density by:
Providing innovative solutions in response to the immediate context;
Creating a sense of place and serves as a landmark;
Enhancing the public realm in a distinct and original manner;
Introducing materials, forms or building methods unique to the immediate vicinity or applied in a unique way;
Designing compact, infill development so living, working and shopping environments are more pleasurable and desirable on
a problematic site;
Integrating low-impact development methods into the overall design of the site and building, beyond green building or site
requirements.

Exceptional design can create a community landmark as well as have economic and environmental benefits.

Minimum Submittal Requirements

Sketch plan: Narrative and exhibits addressing criteria with specific examples.
Site plan: Final details, layout and justification.

C/R Zones Incentive Density Implementation Guidelines

October 2015

35

Zoning Ordinance Citation

3. Historic Resource Protection: Up to 20 points for the preservation or enhancement of, or payment toward preservation or enhancement
of, a historic resource or a contributing element within a historic district designated in the County Master Plan for Historic Preservation.
Guideline Criteria

Incentive density of up to 10 points is appropriate for projects that protect historic resources by one of the following means:
Preservation or enhancement of a historic resource designated in the Master Plan for Historic Preservation or the Locational Atlas and
Index of Historic Sites, or for contributing elements within a historic district designated in the Master Plan for Historic Preservation on- or
off-site through:
Providing capital improvements, interpretive signs, or museum-type exhibits;
Integrating and constructing context-appropriate landscape and settings;
Protecting important view sheds.
Alternatively, a payment may be made as follows:
The minimum fee is 1 percent of the developments projected cost up to a maximum fee of $100,000.
The fee is paid prior to the release of the first building permit for the development.
The fee is used for stabilization, restoration, rehabilitation, or interpretive improvements of publicly owned historic resources
on parkland or for the identification, evaluation, documentation, interpretation, or related activities that will lead to a better
understanding of the Countys historic resources;
The fee is to be used for a project within or near the policy area where the proposed development is located.
More points will be awarded for preservation and enhancement projects that most closely adhere to the recommendations in the
Master Plan for Historic Preservation or Locational Atlas and Index of Historic Sites.
Fewer points will be granted when less than the applicable
recommendations are implemented. No points will be
awarded if it is determined the resource is compromised by
the proposed development.

Minimum Submittal Requirements

Sketch plan: Concept and narrative.


Site plan: Final details and approval by the Historic
Preservation Commission.

36

C/R Zones Incentive Density Implementation Guidelines

October 2015

Retaining and enhancing historic buildings are appropriate for the Historic
Resource Protection public benefit.

Zoning Ordinance Citation

4. Public Open Space: Up to 20 points for providing, or making a payment for, open space in excess of the minimum open space requirement of
the zone.
Guideline Criteria

Incentive density for public open space above the zones requirements is granted on a sliding scale, based on the percentage of the lot
area. The open space should be:





Directly accessible to a street;


Open to the public between sunrise and sunset;
Designed so that proposed loading or parking facilities are screened or faced with active uses;
Completed with seating, trash receptacles, landscaping and other amenities, such as water features, kiosks and passive recreation areas;
At least 35 feet wide;
Designed so that walls of any nonresidential floor area facing the open space have windows between three and eight feet above ground
level on at least 60 percent of the facade;
Designed so that main entries to any dwelling units are from a wall facing the open space.
A fee-in-lieu of public open space may be accepted for incentive density as follows:
The fee equals $35 per square foot plus the developments market rate of land value per square foot for whatever percentage of the lot
is requested for incentive density up to 20 points;
The fee is paid into an amenity fund or other designated open space construction, renovation, or improvement fund prior to release of a
building permit;
The fee is used for installation and or acquisition of public facilities and amenities in part or in full that the Planning Board finds
consistent with the goals of the applicable master plan.
More points may be awarded in addition to those established by the formula when open space is a master plan priority or where there is a
lack of open space nearby.
Formula: (P/N)*100

Example

P (public open space)

6,000 square feet

N (net lot area)

46,000 square feet


Calculation: 13 points

Public spaces should be integrated into development, visible and accessible to all users.

Minimum Submittal Requirements

Sketch plan: Concept layout and narrative regarding guideline criteria.


Site plan: Final detailed plan and site layout.
C/R Zones Incentive Density Implementation Guidelines

October 2015

37

Zoning Ordinance Citation

5. Public Art: Up to 15 points for installing public art reviewed for comment by the Art Review Panel under the Public Art Guidelines approved by the
Planning Board, or by paying a fee accepted by the Public Arts Trust Steering Committee (PATSC).
Guideline Criteria

Incentive density of 7.5 points is appropriate for public art that is reviewed for comment by the Art Review Panel and is found to fulfill at least five
of the following goals.







Achieve aesthetic excellence;


Ensure an appropriate interaction between the art and the architectural setting in terms of scale, materials, and context;
Ensure public access and invite public participation;
Encourage collaboration between the artist(s) and other project designers early in the design phases;
Ensure long-term durability of permanent works through material selection and/or a documented maintenance program;
Encourage a rich variety of arts including permanent installations, revolving temporary works, and event programming;
Increase public understanding and enjoyment of art through interpretive information and/or programmed events;
Contribute to a collection of commissioned art that is unique and fosters a positive community identity.

A fee instead of public art may be accepted for incentive density as follows.
The minimum fee is calculated on 0.5 percent of the developments projected cost up to $100,000;
The fee is paid to the PATSC via the Arts and Humanities Council prior to release of a building permit;
The fee is used for installation, management, and maintenance of public art at the discretion of the PATSC, with preference given to the policy
area where the proposed development is located.
More or fewer points may be awarded for projects that fulfill greater or fewer goals, respectively; more points may be awarded for unique works that
expand the Countys collection of various types of works or recognized artists or for projects that provide rotating temporary pieces. Review by the Art
Review panel should be completed prior to any Planning Board hearing on a site plan, except as allowed and conditioned by the Planning Board.

Artwork can define a place and become a landmark, as well as enliven community open space.

Minimum Submittal Requirements

Sketch plan: Public art concept and narrative (or fee proposed).
Site plan: Final details approved after review by the Art Review Panel.
38

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

6. Structured Parking: Up to 20 points for placing parking in an above- or below-grade parking structure.
Guideline Criteria

Structured parking may be granted incentive density points on a sliding scale, based on the percentage of total on-site spaces
provided in an above-ground parking structure multiplied by 10 points plus the percentage of total on-site spaces provided in a
below-grade parking structure multiplied by 20 points.

Structured parking should be well integrated and visually pleasing.

Minimum Submittal Requirements


Formula: [(A/T)*10]+[(B/T)*20]

Example

A (above-grade spaces)

200 spaces

B (below-grade spaces)
T (total spaces)

145 spaces
345 spaces
Calculation: 14 points

Sketch plan: Initial estimate of calculation.


Site plan: Detailed parking layout with calculation.

C/R Zones Incentive Density Implementation Guidelines

October 2015

39

Zoning Ordinance Citation

7. Tower Step-Back: Up to 10 points for stepping back a buildings upper floors by a minimum of 6 feet behind the first floor faade. The
setback must begin at a height no greater than 72 feet.
Guideline Criteria

Incentive density of 5 points is appropriate for buildings that meet the requirements of the Zoning Ordinance. The setback should
be retained across at least 70 percent of the frontage on any right-of- way or open space. Incentive points are pro-rated per
building in multi-building projects.
Additional incentive density points may be appropriate if other criteria are met, including:
Deeper setbacks;
A setback at a lower level;
Integration of setbacks with reduced floor plate sizes on upper stories.

Stepping back upper stories lessens wind and shade impacts on open spaces and streets,
increasing the comfort of the public realm.

Minimum Submittal Requirements

Sketch plan: Concept


Site plan: Final layout and step-back established.

40

C/R Zones Incentive Density Implementation Guidelines

October 2015

Protection and Enhancement of the Natural Environment


Zoning Ordinance Citation

Section 4.7.3.F. Protection and Enhancement of the Natural Environment


Protection and enhancement of natural systems, and reduced energy consumption help mitigate or reverse environmental impacts,
such as heat island effects from the built environment, inadequate carbon- sequestration, habitat and agricultural land loss, and air
and water pollution caused by reliance on the automobile.
1. Building Lot Termination (BLT): Up to 30 points for the purchase of BLT easements or payment to the Agricultural Land Preservation
Fund (ALPF).
2. Cool Roof: Up to 10 points for constructing any roof area that is not covered by a vegetated roof with a minimum solar reflectance
index (SRI) of 75 for roofs with a slope at or below a ratio of 2:12, and a minimum SRI of 25 for slopes above 2:12.
3. Energy Conservation and Generation: Up to 15 points for constructing buildings that exceed the energy-efficiency standards for
the building type by 17.5 percent for new buildings or 10 percent for existing buildings. At least 15 points for providing renewable
energy generation facilities on site or within mile of the site for a minimum of 2.5 percent of the projected energy requirement
for the development.
4. Habitat Preservation and Restoration: Up to 20 points for protection, restoration, or enhancement of natural habitats, on-site or
within the same local watershed, which are in addition to requirements of the Forest Conservation Law or other County laws.
5. Recycling Facility Plan: Up to 10 points for providing a recycling facility plan to be approved as part of a site plan for buildings that
satisfy Montgomery County Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04.
6. Transferable Development Right: For a property that is in a TDR Overlay zone, up to 20 points for the purchase of TDRs under
Section 4.9.15.B. Every TDR purchased is worth 1 point.
7. Tree Canopy: Up to 15 points for protecting tree canopy coverage with at least 15 years of growth per Trees Technical Manual
approved by the Planning Board, as amended, on at least 25 percent of the on- site open space.
8. Vegetated Area: Up to 10 points for installation of plantings in a minimum of 12 inches of soil, covering at least 5,000 square
feet. This area does not include vegetated roofs or stormwater management facilities.
9. Vegetated Roof: Up to 15 points for installation of a vegetated roof with a soil depth of at least 4 inches covering at least 33
percent of a buildings roof, excluding space for mechanical equipment.
10. Vegetated Wall: Up to 10 points for the installation and maintenance of a vegetated wall that covers at least 30 percent of any
blank wall or parking garage faade that is at least 300 square feet in area and is visible from a public street or open space.

C/R Zones Incentive Density Implementation Guidelines

October 2015

41

Zoning Ordinance Citation

1. Building Lot Termination (BLT): Up to 30 points for the purchase of BLT easements or payment to the Agricultural Land Preservation
Fund (ALPF).
a. In the CR zone:
i. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 7.5 percent of the incentive
density floor area under the following parameters:
One BLT, equivalent to 9 points, must be purchased or equivalent payment made for every 31,500 square feet of gross
floor area comprising the 7.5 percent incentive density floor area;
A private BLT easement must be purchased in whole units; or
BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a
fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for
at least the fraction of the BLT easement.
ii. Up to 25 points for the purchase of BLTs or equivalent payments to the ALPF may be made for any incentive density above
7.5 percent. Each BLT easement purchase or payment is equivalent to 9 points, or such proportionate points represented by a
fractional BLT purchase or payment.
b. In the LSC zone:
i. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 50 percent of the incentive
density under the following parameters:
For any floor area above 0.50 FAR, one BLT, equivalent to 9 points, must be purchased or an equivalent payment made for:
- each 31,500 square feet of floor area of residential, nonresidential and life sciences between 0 and 40 percent of the
projects floor area;
- each 60,000 square feet of Life Sciences between 40 percent and 50 percent of the projects floor area.
Any private BLT easement must be purchased in a whole unit; or
BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a
fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for
at least the fraction of the BLT easement.
ii. Floor area restricted to the following uses is subtracted from the total density before calculating the required BLTs:

42

C/R Zones Incentive Density Implementation Guidelines

October 2015

Workforce housing units;


Moderately priced dwelling units (MPDUs);
Hospitals, including the hospitals accessory uses, other than medical office buildings;
Educational facilities for non-life sciences;
Life Sciences in excess of 50 percent of the projects total floor area.
c. In the CRT and EOF zones, BLT payments are optional; each BLT easement purchase or payment is equal to 9 points, or such
proportionate points represented by a fractional BLT purchase or payment.
Guideline Criteria

Calculations for incentive density for BLTs are provided in Section 4.7.3.F.1 of the zoning ordinance.

Public spaces should be integrated into development, visible and accessible to all users.

Minimum Submittal Requirements

Sketch plan: Initial calculation.


Site plan: Final calculation with proof of purchase/ payment prior to building permit.

From the Ordinance:


Example: If a 50,000 square-foot CR-3.0
site is fully developed, the incentive density
available to be earned equals 125,000
square feet (150,000 square feet - 25,000
square feet [standard method density] =
125,000 square feet). The 7.5 percent
BLT requirement for 125,000 square feet
equals 9,375 square feet, which equals
0.30 BLT (9,375 square feet / 31,500
square feet = 0.30), and 2.7 points. If the
applicant seeks an additional 7.3 points
through the purchase of BLTs, this would
require the purchase of 0.81 BLT (7.3
points / 9 points per BLT). Together, the
required and incentive BLTs equal 1.11 BLTs
for a total of 10 points in the Environment
category.

C/R Zones Incentive Density Implementation Guidelines

October 2015

43

Zoning Ordinance Citation

2. Cool Roof: Up to 10 points for constructing any roof area that is not covered by a vegetated roof with a minimum solar reflectance index
(SRI) of 75 for roofs with a slope at or below a ratio of 2:12, and a minimum SRI of 25 for slopes above 2:12.
Guideline Criteria

On sites greater than one acre, incentive density of 5 points is appropriate for development that meets the cool roof requirements
of the Zoning Ordinance. On sites of one acre or less, up to 10 points is appropriate. Incentive density points may be pro-rated per
total roof area covered for individual or multiple buildings.

Cool roofs keep energy costs down and decrease the heat island effect.

Minimum Submittal Requirements

Sketch plan: Concept and narrative.


Site plan: Final layout and details.

44

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

3. Energy Conservation and Generation: Up to 15 points for constructing buildings that exceed the energy-efficiency standards for the building
type by 17.5 percent for new buildings or 10 percent for existing buildings. At least 15 points for providing renewable energy generation
facilities on-site or within mile of the site for a minimum of 2.5 percent of the projected energy requirement for the development.
Guideline Criteria

Incentive density points for buildings that exceed the energy-efficiency standards for the building type are granted, as follows:
Table 3: Energy Efficiency Requirements
building

Percent Exceeding Standard


2.5%
10%

17.5%

new

5 points

10 points

15 points

existing

10 points

15 points

n/a

Additional incentive density points are appropriate for buildings that meet the renewable energy generation requirements of the Zoning
Ordinanceas follows:
Table 4: Renewable Energy Generation
Percent of Energy Requirements Provided through
Renewable Resources
1.25%
2.5%
10 points

15 points

Solar, wind, biomass, combined heat and power systems, and geothermal systems meet renewable energy generation guidelines.

Minimum Submittal Requirements

Sketch plan: Conceptual exhibits and narrative.


Site plan: Energy use/generation model with comparisons to average use/generation (in kwh) for building type based on Department of
Energy standards or as modeled by a LEED-accredited professional.
C/R Zones Incentive Density Implementation Guidelines

October 2015

45

Zoning Ordinance Citation

4. Habitat Preservation and Restoration: Up to 20 points for protection, restoration, or enhancement of natural habitats, on-site or within the
same local watershed, that are in addition to requirements of the Forest Conservation Law or other County laws.
Guideline Criteria

Up to 20 incentive density points can be granted on a sliding scale for habitat preservation and restoration, based on the amount of
habitat preserved or restored as a percentage of the lot area. The formula is the same as that used for public open space. The area
preserved or restored must meet the following requirements.



The area must be shown on an exhibit as part of a site plan application;


Preservation and restoration techniques must at least meet the standards of the M-NCPPC Environmental Guidelines;
The area must be at least 2,500 square feet;
The area must be protected by a restrictive easement or covenant recorded in the land records or put in a land trust.

Streams, wetlands, and forests are the primary ecosystems in need of preservation and restoration in Montgomery County.

Minimum Submittal Requirements

Sketch plan: Conceptual layout and methods.


Site plan: Final details, layout, design and maintenance approved by M-NCPPC and other applicable agencies or organizations.

46

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

5. Recycling Facility Plan: Up to 10 points for providing a recycling facility plan to be approved as part of a site plan for buildings that must
satisfy Montgomery County Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04.
Guideline Criteria

Incentive density of 5 points is appropriate for development that meets the requirements of the Zoning Ordinance.
Additional incentive density points may be appropriate if other criteria are met, including:
Facilities that exceed the applicable regulations;
Facilities that are integrated into building and site design, are readily accessible and easy to find without being visually disruptive.

Facilities that are integrated into site and building design early make it easy to recycle.

Minimum Submittal Requirements

Sketch plan: concept and narrative.


Site plan: final layout approved by the Division of Solid Waste Services.

C/R Zones Incentive Density Implementation Guidelines

October 2015

47

Zoning Ordinance Citation

6. Transferable Development Right: For a property that is in a TDR Overlay zone, up to 20 points for the purchase of TDRs under Section
4.9.15.B. Every TDR purchased is worth 1 point.
Guideline Criteria

The requirements for a TDR Overlay zone and the purchase of TDRs is in the zoning ordinance.
Minimum Submittal Requirements

Sketch plan: Initial calculation.


Site plan: Final approval with proof of purchase/payment prior to final plat.

48

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

7. Tree Canopy: Up to 15 points for protecting tree canopy coverage with at least 15 years of growth per Trees Technical Manual approved
by the Planning Board, as amended, of at least 25 percent of the on-site open space.
Guideline Criteria

Incentive density of 7.5 points is appropriate for development that meets the requirements of the zoning ordinance. Coverage is
calculated as 75 percent of 20-year canopy coverage under the M-NCPPC Trees Technical Manual. Canopy used to satisfy Forest
Conservation requirements is not eligible for incentive density.
Additional incentive density points may be appropriate if other criteria are met, such as:
Greater coverage;
Larger planting size;
Increased number of varieties;
Use of native species.

Tree canopy provides habitat, shade, stormwater benefits and carbon sequestration, and mitigates the heat island effect.

Minimum Submittal Requirements

Sketch plan: Conceptual layout with soil volumes explained.


Site plan: Final details, layout and tree type.

C/R Zones Incentive Density Implementation Guidelines

October 2015

49

Zoning Ordinance Citation

8. Vegetated Area: Up to 10 points for installation of plantings in a minimum of 12 inches of soil, covering at least 5,000 square feet. This
area does not include vegetated roofs or stormwater management facilities.
Guideline Criteria

Incentive density of 5 points is appropriate for development that meets the requirements of the zoning ordinance. This area must
not be part of the required public open space or open space used for incentive density. In addition, the areas within stormwater
management easements may not be counted.
Additional incentive density points may be appropriate if other criteria are met, including:
A vegetated area that replaces impervious area;
A vegetated area larger than a required open space area;
A maintenance program is provided;
Soil depth is greater than 12 inches;
The vegetated area is used as a community garden.

Vegetated areas provide garden space, habitat, stormwater benefits, carbon sequestration and mitigate the heat island effect.

Minimum Submittal Requirements

Sketch plan: Conceptual layout with soil volumes explained.


Site Plan: Final details, layout and planting design.

50

C/R Zones Incentive Density Implementation Guidelines

October 2015

Zoning Ordinance Citation

9. Vegetated Roof: Up to 15 points for installation of a vegetated roof with a soil depth of at least 4 inches
covering at least 33 percent of a buildings roof, excluding space for mechanical equipment.
Guideline Criteria

Incentive density of 7.5 points is appropriate for development that meets the zoning ordinance
requirements. Incentive density points may be pro-rated per building for multi-building development.
Additional incentive density points may be appropriate if other criteria are met, including:
Greater coverage than 33 percent of building roof;
Soil depth greater than 4 inches;
Plant species that provide habitat;
Native plant species.

Vegetated roofs save energy costs, reduce the heat island effect, provide habitat and decrease
stormwater run-off.

Minimum Submittal Requirements

Sketch plan: Conceptual layout.


Site plan: Final details, layout and planting design.

C/R Zones Incentive Density Implementation Guidelines

October 2015

51

Zoning Ordinance Citation

10. Vegetated Wall: Up to 10 points for the installation and maintenance of a vegetated wall that covers at least 30% of any blank wall
or parking garage faade that is at least 300 square feet in area and is visible from a public street or open space.
Guideline Criteria

Incentive density of 5 points is appropriate for buildings that meet the requirements of zone.
Additional incentive density points may be appropriate if other criteria are met, including:
Greater percent of coverage;
Southern or western exposure;
Plants with varying flowering seasons;
integration into an overall energy or environmental site design program.

Vegetated walls offer environmental, energy and aesthetic benefits

Minimum Submittal Requirements

Sketch plan: Conceptual layout and design.


Site plan: Final details, coverage, location and design.

52

C/R Zones Incentive Density Implementation Guidelines

October 2015

Retained Buildings
Zoning Ordinance Citation

Section 4.7.3.G. Building Reuse


Up to 100 points for reuse of an existing building that satisfies the following:
1. 75 percent of the structural system of the building must be retained; An architectural deconstruction company must be used to remove
reusable and recyclable materials before any demolition;
2. Although up to 100 points may be obtained, public benefit category minimums must be met.
A project may receive public benefit points, determined by applying the following formula:
Public benefit points in CR and LSC zones =
(Retained gross floor area / Incentive density gross floor area) x 100;
Public benefit points in CRT and EOF zones =
(Retained gross floor area / Incentive density gross floor area) x 50.
Guideline Criteria

An owner or developer who redevelops a site with existing buildings may be granted incentive density points according to the Zoning
Ordinances requirements and formulas. Incentive density points may be pro-rated per building for a multi-building development.
Formula: (R/I)*100

Example

R (retained gross floor area)

150,000 square feet

I (incentive density gross floor area)

250,000 square feet


Calculation: 60 points

Minimum Submittal Requirements

Sketch plan: Concept and initial calculation.


Prior to building permit: Documentation as required by the Zoning
Ordinance.

Incorporating building facades into new construction or re-skinning


existing buildings keeps materials out of landfills and can create
local landmarks.

C/R Zones Incentive Density Implementation Guidelines

October 2015

53

54

C/R Zones Incentive Density Implementation Guidelines

October 2015

Commercial/Residential and Employment Zones


Incentive Density Implementation Guidelines
October 2015

Montgomery County Planning Department


Maryland-National Capital Park and Planning Commission
MontgomeryPlanning.org

You might also like