Section 59-D-2 of the Zoning Ordinance sets forth the development standards for the optional method of development within the CBD R1 Zone. The chart below indicates the development standards for the optional method of development required by this Section for mixed use and those provided by the Project:
| REQUIRED/PERMITTED | PROVIDED | |
|---|---|---|
| Minimum Area of Lot | 22,000 square feet | 391,515 square feet |
| Minimum Public Use Space | 20% | Over 40% |
| Residential Units | 125 DU/ACRE | 118 DU/ACRE |
| Mixed Use Non-Residential | 20% GFA | 5% GFA |
| Total | 3 FAR | 2.996 FAR |
| Height | 143 feet | 143 feet |
Section 59-D-2.42 of the Montgomery County Zoning Ordinance establishes the findings required to be made for approval of an optional method of development application. Section 59 D 2.43 of the Ordinance further establishes the basis for consideration of an application and the basis for determining if the required findings set forth in Section 59-D-2.42 have been met. As described in the following Section, the proposed project satisfies each applicable requirement listed in Section 59-D-2.42.
It would comply with all the intents and requirements of the zone.
The Project complies with all intents and specific requirements governing development within the CBD-R1 Zone. The specific requirements are detailed in Section VI of this project plan application.
It would conform to the approved and adopted sector plan or an urban renewal plan approved under Chapter 56.
The Project is consistent with the recommendations of the Sector Plan and furthers the goals and objectives of this Sector Plan. A detailed description of this compliance is set forth in Section VIII below. More generally, the Project proposes a transit-oriented, mixed-use development in the Silver Spring CBD that will significantly further the goals of the Sector Plan by providing a variety of housing and retail opportunities in a pleasant urban environment within easy walking distance of the Metro.
Because of its location, size, intensity, design, operational characteristics and staging, it would be compatible with and not detrimental to existing or potential development in the general neighborhood.
The Project is designed with sensitivity to the property's location within the Silver Spring CBD, at the prominent intersection of 16th Street and East-West Highway, adjacent to the Metro tracks and several high-rise buildings, as well as immediately north of existing garden apartments. As discussed in more detail above, the Project has been designed to provide an appropriate transition between the taller and denser uses to the north, east and west and the shorter, more residential nature of the properties to the south. The size of the property, its proximity to the Metro and its location within the CBD along major urban corridors creates a compatible environment for the proposed development.
Additionally, the design of the buildings and relationship to the pedestrian corridors complement the surrounding uses. As discussed in more detail above, the proposed streetscape improvements, the ground floor retail and the significant public open space along East-West Highway will greatly improve the pedestrian experience in this area and will be an attribute to this area of the CBD.
It would not overburden existing public services nor those programmed for availability concurrently with each stage of construction and, if located within a transportation management district designated under Chapter 42A, Article II, is subject to a traffic mitigation agreement that meets the requirements of that article.
The Project will not overburden existing public services. Plans are being studied to use existing on-site materials and other construction methods to reduce construction traffic. The Project's close proximity to the existing Metro and future transit center will promote the use of public transportation. As noted above, there is adequate water and sewer capacity in the area.
Included in the application is a draft traffic mitigation agreement that addresses a number of measures the Applicant intends to take to promote the use of public transportation, including the appointment of a transportation coordinator.
It would be more efficient and desirable than could be accomplished by the use of the standard method of development.
The Project is feasible only if the optional method of development is permitted. If the standard method were used, the grocery store and most retail would not be permitted. The maximum height would be 60 feet and the density would be limited to approximately 50% of what is currently planned. The development, in accordance with the optional method, therefore allows for economies of scale necessary for the Project's feasibility providing much needed rental housing while efficiently utilizing existing infrastructure, including multiple existing public transit opportunities.
Additionally, development on the property under the standard method would severely restrict the scope and benefits of the Project. For example, under the proposed optional method, significant residential space, including approximately 133 MPDUs, will be located within easy walking distance of the Metro. The project's retail space will also provide shopping and employment opportunities in this area of the CBD.
Finally, another important benefit of the optional method of development is the increased public use space that will be provided. The improved streetscapes and significant public use space will make a contribution to this area of the CBD, which could not be accomplished under the standard method.
It would include moderately priced dwelling units in accordance with Chapter 25A of this Code, if the requirements of that chapter apply.
As noted above, the Project is projected to provide 133 new rental MPDUs, which equals 12.5% of the total number of proposed units, in accordance with Chapter 25A.
Construction of the Project is planned to be done in four phases. In each phase a proportionate number of the units will be MPDUs. The high-rise buildings will be finished from the bottom up so that the lowest levels will be constructed first, which is where the MPDUs are expected to be located. The number of studio and one-bedroom MPDUs will not exceed the ratio that market-rate efficiency and one-bedroom units respectively bear to the total number of market-rate units in the North Parcel.