SILVER SPRING, MD – On Thursday, July 17, the Planning Board will consider a proposed change to the county zoning code that would affect the amount of public space and other benefits required of property owners who want to donate their land to accommodate arts and entertainment venues in downtown areas.
At the request of County Executive Isiah Leggett, the board will review a proposed amendment to the Central Business District (CBD) Zone requirements that would loosen existing requirements affecting property owners, including the amount of public use space, sidewalk features like pavers and lampposts, and pedestrian paths, if they decide to accommodate arts and entertainment venues by donating land or buildings. Venues might include music, theatre, dance, film, radio or museums. The amendment, if approved, might apply to property on Colesville Road in Silver Spring proposed for a concert hall.
The County Council routinely receives zoning ordinance amendment requests from public entities like the County Executive’s office and refers them to the Planning Board for recommendations. The Council will take up the proposed zoning amendment in late July.
Planners have recommended that the board oppose the proposed amendment, saying that the CBD requirements – particularly providing public spaces – maintain a consistently high standard for the county’s downtown areas, such as Bethesda and Silver Spring. Both communities have benefited from the existing public amenity rules that have contributed to pedestrian friendly, vibrant downtowns.
Moreover, planners say, the board should decide among a range of public benefit requirements when a developer files a project application, not have them pre-determined by the zoning law.
The “optional method” of development, permitted in CBD zones, allows builders higher densities in exchange for providing public use space and other amenities typically totaling up to 60 percent of the project’s area. In the past, projects like the American Film Institute and Roundhouse Theater in Silver Spring and the Chevy Chase Bank Building – housing another Roundhouse Theater – in Bethesda have followed the existing “optional method” guidelines.
Planners think it’s important to treat all of those projects the same. They suggest that the Planning Board analyze the relative benefits of a proposed arts and entertainment development with uniform standards – weighing public benefits of arts and entertainment against other public needs – for each case and not be “dictated by legislation.”
The proposed zoning amendment states that property owners would satisfy public use and amenity requirements for the “optional method” by transferring to county ownership land or building space to accommodate arts and entertainment uses, provided that the County Executive determines that the new use will provide “positive economic impact” and “cultural opportunities for the public.” In addition, the amendment would not require a property owner to conform to a sector plan recommendation to provide a pedestrian path on the site, under certain circumstances.
An accompanying proposed amendment to the county subdivision regulations seeks to extend the time the Planning Board allows to developers to construct their projects by extending the period for which the board’s determination of adequate public facilities— which include roads, water and sewer, and other public services—remains valid.
Under the proposed amendment, for projects that donate land or building space to an arts and entertainment use, the new validity period for adequate public facilities would be increased from five years to 10 years, with the ability to extend it still further. Now, once an adequate public facilities determination expires, a developer must update requirements as needed. The amendment would at least double the period typically granted as part of a subdivision approval without requiring any commitment on behalf of the developer to move forward with the project.
WHO:
Montgomery County Planning Board
WHAT:
Proposed change to zoning code to affect arts and entertainment uses
WHEN:
Thursday, July 17, approximately 2:30 p.m.
WHERE:
Park and Planning Headquarters
8787 Georgia Ave.
Silver Spring, MD