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Last week, the County Council approved a new kind of hybrid zoning — the Commercial Residential (CR) zones. Combining traditional zoning provisions, such as use and dimensional standards and form-based provisions, such as street façade requirements and angular plane setbacks, these zones have been created to ensure :
• Better predictability of allowed use, density, and height
• More integrated services, residential opportunities, and public amenities
• More sustainable growth patterns concentrated in existing commercial areas

The CR zones are a family of zones based on a combination of use, density, mix, and height. A zone combines these factors and will be seen on the zoning map as, for example: CR2 C1 R1.5 H60.
This sequence means that any property in that zone can develop to a maximum density of 2 FAR (floor area 2X lot area) and of that 2 FAR up to 1 FAR may be non-residential and/or up to 1.5 FAR may be residential. The height for any development is limited to 60 feet.

This establishes the predictability of the zones – all of this information is indicated by a simple sequence on the official zoning map. The proposed White Flint zoning map is an excellent example showing the transition of uses from a predominantly commercial core with tall buildings to areas with more residential opportunities and lower buildings near existing detached-house residential zones.

A key aspect of the CR zones, however, is that the maximum density can only be achieved when public benefits are provided. The “menu” of these benefits is listed in the zone and is based on several categories:
• Transit Proximity
• Master-Planned Facilities
• Connectivity
• Diversity
• Design
• Environment
• Dedicated Right-of-Way

All CR zones are allowed to build to 0.5 FAR according to the “standard method” with basic development standards and general requirements. To obtain anything above that, a developer must provide benefits and amenities to support the “incentive density” – the difference between the base density and the density of the zone. For example, a CR2.0 zone has an incentive density of 1.5 FAR (2.0 – 0.5). The developer may only build the additional 1.5 FAR if they provide a certain number of benefits, for example, improving transit access, providing affordable housing, constructing public open space, or constructing a green roof listed in the zone.

The ordinance, of course, provides much more detail regarding these considerations, the review process, development standards, general requirements, and public benefit criteria.

2 Responses to “New CR Zones”

  1. Barbara

    How many changes did the County Council make to the originally proposed CR Zone? Where were the changes made? Why?

  2. joshua sloan

    The changes were numerous but not fundamental to the architecture of the zone. Some of the substantial changes:
    1. zone can only be applied if recommended in a master plan (no local map rezoning),
    2. rules regarding design and siting of buildings was removed and relegated to guidelines or master plans,
    3. criteria for public benefits was removed and relegated to planning board guidelines,
    4. incentives for providing community gardens and building to LEED silver, gold, or platinum standards was removed.

    Since we disagreed with the changes, I won’t opine on the reasons.

    The council’s staff published their full take on the changes from the original legislation in their final memorandum.