© 2007. Barry D. Yatt. All rights reserved. 1 Takoma Park Dog Lounge Location Assessment: Zoning...

© 2007. Barry D. Yatt. All rights reserved. 1

Takoma Park Dog Lounge

Location Assessment:

Zoning Envelopes and Parking


Get out the shoehorn.

If it’s not going to fit, find out now and give up.

Once I calculate the amount of building that’s allowed to be built, and the minimum number of required parking spaces, I’ll see if the intended program can be accommodated by the site.


§59-C-4.342 and 4.343 address maximum building size, restricting height and establishing setbacks (minimum distances from property lines. These regulations, together, establish a “zoning envelope”, which can be diagrammed as shown here.

The first thing to establish is the position, shape, and size of the property.


Here it is, found using a search of the address on Google Earth.

It looks like the site is a parking lot. That’s consistent with Jack’s comment.


I’ll get closer. What are the limits of the property?


Photos don’t show property lines. Surveys do. I need to find one for this property. A Google search on “Montgomery County Maryland plat” leads to this website. I can click on Beginner’s Guide and follow it’s advice to get the information I need.


Here’s lots of information, some useful, some not.

It seems that the Therrier’s are buying from KC Associates.

And the properties in question are lots 2-5 (and PT 6?)…

…with a 10,346 SF building built in 1933, and a land area of 29,358 SF. (I note that on the survey, the area of lots 1-6 add up to 29,442—there must be some kind of error on this tracking sheet.)

It even lists the current value of the land and building.

Clicking on “View Map” leads to…


...a partial plat (one without dimensions). But it shows me lots 2-5 and PT 6.

But I still need to know exactly here the property lines are—I need dimensions.

I’ll look for other maps.


Further searching leads to this one. The client’s site is near the bottom.

I look at the date. It’s likely that this survey was prepared before the buildings were built.


I’ll get closer.

There are the dimensions.

• Lot number

• Area of property in decimal SF to one digit

• Length of property line in decimal feet, to an accuracy of two digits

• Angle of property line in degrees, minutes, and seconds


And I’ll see how it corresponds to the aerial photo with a bit of computer pasting.

There’s a problem. The building extends past lots 2-5, straddling the property line.

The client’s site must include property 1 as well. I’ll have to find that plat, too, and find out how big (in SF) that property is.


Now I have the base of the zoning envelope diagram.

I’ll look next at the height and setbacks.


I notice that zoning ordinances regulate massing, and thereby density, with rules that restrict:• FAR (Floor Area Ratio)• Maximum Height and Lot Coverage• Maximum Height and Setbacks

In Montgomery County’s C-1, they use this last technique. (We’ll discuss the other two later this semester.)

§59-C-4.342 regulates maximum height.


59-C-4.342. Building height

Notwithstanding any other provisions of this Code allowing greater height for any reason, no building shall exceed the height of 30 feet as measured from the average elevation of finished grade surface along the base of the front, rear and sides of the building to the highest point of roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridges of a gable, hip or gambrel roof; provided, however, that the height in the front, rear or any side shall not exceed 45 feet. On lots having severe topography, the Board of Appeals shall have authority to grant variances from the maximum 45-foot height limitation on the front, rear or any side up to a maximum 60 feet on such side; provided, however, that the average height shall in no case exceed the 30-foot average height limitation contained herein.Where land is zoned in the C-1 classification on October 30, 1978, and an application for a building permit is received by the Department on or before March 1, 1979, the height of a building may not exceed 35 feet measured as set forth in this section.

It says

Huh?




I try to find order in it.

Average limit

Bottom point: Top point—depends on roof shape

Spot limit

Can be different for each side of the property




They seem to be trying to regulate perceived rather than measured height. I think about this…Which feels taller, a 30’ tall building with a flat roof or a 30’ tall building with a pitched roof?

I think about what it might mean.

I suppose that this explains why the rule is so complicated.


That’s a little better. But I still need to get a topographic map to find out the elevation at the ground before I can use this information.

Codes can be confusing, but there’s a reason for it. I’ll have to read carefully and with insight.


If the code limits floor area along with height, it will control total building size, and thereby, density. In this code, floor area is controlled by mandating setbacks, the minimum distance that must be left between a property line and a building.


59-C-4.343. Setbacks.

All buildings shall be set back from lot lines at least as follows:

a) From any street right-of-way:

1) If the right-of-way line is established on a master plan-10 feet.

2) Be equal to the majority of the lots fronting on that street but not less than 10 feet. Willow Street’s R-60 requires 25’. Are houses there 25’ back? Confirm with officials.

3) If there is no master plan showing the right-of-way line, the setback shall be 60 feet from the center line of the street.

4) A setback is not required when a "mainstreet" type of development is recommended in a master or sector plan. Confirm that this is the case along Carroll Ave.

b) From any other lot line: Including between Lots 6 and 7, 1 and 31, and 6 and 31.

1) If the lot adjoins a residential zone which is not

i. Recommended on a master plan for commercial or industrial zoning, nor

ii. Used as a public parking lot

iii. Used for the parking of motor vehicle in connection with a commercial use in an historic district under the provisions of Sec. 59-A-6.22.

then the setback must be not less than that required in the adjoining zone. This seems to be the situation between 6 and 7. The requirement for Lot 7’s R-60 is 8’ each side/18’ both.

2) In all other cases, no setback is required. This applies between 1 and 31, 6 and 31.

3) No yard shall be less than 10 feet in width.


So can we draw a diagram? What do we know now?

For accuracy, it makes sense to plot this on CAD, and ask the computer to calculate the area. But for right now, I’ll just estimate:• Willow St. setback: 25’ x (155’ - 5’ [for angle] + 50’)

= 5,000 SF• Lot 7 setback: 8’ x (130’ - 25’) = 840 SF• The other edges require no setbacks.• Total setbacks are about 5,840 SF. Of the full

29,358 listed on the county records, that leaves 23,518 SF buildable.

• If I assume a flat roof like the adjacent buildings, I can go 30’ high and fit 2 stories or 47,036 SF.

• The existing building has an enclosed area of 10,346 on two floors. That means that I could design for an additional 36,690 SF.

Except that I’ve left no room for parking!

8’

25’

30’


The rest of this section in this particular zoning ordinance regulates green space and parking.

I’ll look them over and figure out what they require.

And then I’ll try a few alternative redraws of my zoning envelope diagram.


59-C-4.344. Green area

Green area shall constitute at least 10 percent of the area of the lot.

That’s pretty clear.

59-C-4.345. Off-street parking

The off-street parking required by Article 59-E must be provided on land which is in the C-1 zone, except as required in the special exception provisions of section 59-G-2.39 or 59-G-2.40. In a designated historic district, required parking is permitted in an agricultural or residential zone in accordance with the provisions of sections 59-A-6.22 and 59-C-1.31(b).

I’ll get back to this in a minute.

59-C-4.346. Nuisances

Any use which is found by the board of appeals to be a public nuisance, by reason of emission of dust, fumes, gas, smoke, odor, noise, vibration or other disturbance, is and shall be expressly prohibited. No such finding shall be made by the board except after a hearing upon reasonable notice, and any person, the commission or the district council may file a petition with the board for such hearing.

I doubt that this will affect my client’s project. So I’ll go back and take a closer look at parking (arrival) and loading (delivery) requirements. I’ll make a list of the key requirements.


Division 59-E-1. Off-Street Parking and Loading

Sec. 59-E-1.1. RequiredOff-street parking spaces with adequate provisions for ingress and egress by motor vehicles shall be provided, in accordance with the provisions of this article, for any main building or structure at the time of construction and when any main building or structure is enlarged or increased in capacity. All off-street parking facilities provided, whether required or in addition to minimum requirements, shall conform to all standards contained in this article.

Sec. 59-E-1.3. Distance from establishment served (a) All automobile off-street parking facilities shall be located so that the major point of pedestrian access to a parking facility is within 500 feet walking distance of the entrance to the establishment to be served by such facilities. For regional shopping centers, however, the major point of pedestrian access for off-street parking facilities that occupy contiguous land areas integral to the shopping center property may extend more than 500 feet walking distance from an entrance to the center in order to satisfy the number of spaces required in division 59-E-3. (b) Off-street parking facilities with pedestrian entrances located more than 500 feet walking distance from the entrance to an establishment to be served may be permitted by the director/planning board under the following circumstances; 1. If approved by the board of appeals in accordance with the special exception provisions of section 59-G-2.40. 2. An off-site parking facility proposed to satisfy seasonal peak shopping periods for a regional shopping center may be approved in accordance with the parking credit provisions of section 59-E-3.32B.


Sec. 59-E-1.4. Off-street loading spaceFor any building or land used for commercial or industrial purposes, adequate space for off-street parking to accommodate the loading and unloading of materials shall be provided, consistent with the size and proposed use of the building. Such space, whether inside or outside a building, shall be in addition to the schedule of requirements in section 59-E-3.7 and shall be designed so as not to impede normal vehicular and pedestrian circulation.

Sec. 59-E-2.1. ApprovalsDesigns and plans for areas to be used for automobile off-street parking shall be subject to approval by either the planning board or the director in accordance with the parking facilities plan procedures of section 59-E-4.1. Plans for such off-street parking facilities shall show in detail the location, extent of the facility, the design features, and other elements necessary to satisfy the standards or requirements of this chapter. The following standards and requirements shall apply to all such areas except for the parking required for one-family and two-family dwellings.

Sec. 59-E-2.2. Size and arrangement of parking spaces

59-E-2.21. Arrangement and markingAll off-street parking areas shall be arranged and marked so as to provide for orderly and safe loading, unloading, parking and storage of vehicles. Individual parking spaces shall be clearly defined, and directional arrows and traffic signs shall be provided as necessary for traffic control. Each space or area for small size motor vehicle parking must be clearly marked to indicate the intended use.


59-E-2.22. Size of spaces (a) Each standard size parallel parking space shall have minimum dimensions of 7 feet by 21 feet. A parallel parking space is defined as one in which the long side of the space parallels the travel lane. (b) Each standard size perpendicular parking space shall be a rectangle having minimum dimensions of 8½ feet by 18 feet. A perpendicular parking space is defined as one in which the long side of the space is a straight line that intersects the travel lane and curb at a right angle. (c) Each standard size angled parking space shall be a parallelogram having minimum dimensions in accordance with the table contained in subsection (g), below. An angled parking space is one in which the acute angle formed by the intersection of the long side of the space and the curb is between 45 degrees and 75 degrees. The width of an angled parking space is measured parallel to the curb or travel lane along the short side of the parallelogram; and the length of the space is measured along the side of the parallelogram, from the curb to the travel lane. (d) Within regional shopping centers, the director or planning board may approve smaller than standard size parking spaces for up to 20 percent of the total parking spaces at the center. This modified standard size space shall be for employee use only and shall have minimum dimensions in accordance with the table contained in subsection (g) below. Such spaces may be allowed in addition to small car spaces and must be located in a separate area marked for employee parking only. (e) Each small car size automobile parking space shall have minimum dimensions in accordance with the table contained in subsection (g), below. The director/planning board may permit up to 10 percent of all required spaces to be small car size spaces, only in exceptional cases where the configuration of the site prevents exclusive use of standard space dimensions. This provision does not apply to parking facilities for residential uses. (f) If a column or other obstruction is adjacent to a parking space and would interfere with car door openings, then the minimum stall width of that space shall be increased by one foot. The inner face of the column or other obstruction shall form the actual boundary of the space when measuring the width or length of the spaces.


(g) The minimum widths and lengths for parking spaces shall be as prescribed in the following table:

59-E-2.23. Spaces for handicapped.Parking spaces for handicapped persons shall be provided in accordance with the standards specified in the Maryland Building Code for the Handicapped as contained in the Code of Maryland Regulations 05.01.07, dated September 5, 1980, and as subsequently amended.


Division 59-E-3. Number of Spaces Required

Sec. 59-E-3.1. Mixed uses (a) When any land or building is under the same ownership or under a joint use agreement and is used for 2 or more purposes, the number of parking spaces is computed by multiplying the minimum amount of parking normally required for each land use by the appropriate percentage as shown in the following parking credit schedule for each of the 5 time periods shown. The number of parking spaces required is determined by totaling the resulting numbers in each column; the column total that generates the highest number of parking spaces then becomes the parking requirement.


Sec. 59-E-3.7. Schedule of requirements

Off-street parking space must be provided as follows:

Retail, general. Commercial establishments devoted to retail sales, merchandising or other similar use, except furniture stores, 5 parking spaces for each 1,000 gross leasable square feet. In accordance with the exception provision of Section 59-E-5.8 all storage space that exceeds 35 percent of the total gross leasable area shall be excluded in calculating the number of required parking spaces.

Office, general office, and professional buildings or similar uses. Parking shall be provided in accordance with the parking requirements for office developments contained in Section 59-E-3.2. (which requires 2.1 spaces per 1,000 GSF [when 800-1,600’ from Metro] or 2.4 [when over 1,600’ from Metro])

Office, professional, other than medical practitioner. Two spaces for each professional person occupying or using such office.


Sec. 59-E-3.7. Schedule of requirements

Off-street parking space must be provided as follows:

(Continued)

Restaurant or similar place dispensing food, drink or refreshments. 25 parking spaces for each 1,000 square feet of floor area devoted to patron use within the establishment and 15 parking spaces for each 1,000 square feet of ground area devoted to patron use on the property outside the establishment. The base requirements may be reduced in accordance with the credit provision of Section 59-E-3.3.

Retail establishments, auxiliary. Three and one-half spaces for each 1,000 square feet of gross leasable space. The base requirement may be reduced in accordance with the credit provisions contained in Section 59-E-3.3. Retail establishments must be classified as auxiliary retail uses when located within an office building that contains at least 100,000 gross square feet, contains less than 15 percent of the building's overall gross square footage, and contains less than 30,000 leasable square feet. Auxiliary retail uses shall not qualify for reductions for shared parking in mixed-use developments or parking lot district facilities.


Division 59-E-5. Exceptions, Waivers and Reductions

Sec. 59-E-5.1. Reduction in area prohibited.No automobile off-street parking facility shall be reduced in area or encroached upon by buildings, vehicle storage or any other use where such reduction or encroachment will reduce the number of parking spaces to fewer than those required by this chapter.

So to summarize, the project will need: • 2.4 spaces per 1,000 GSF for any office space, or 417 GSF of building allowed per parking space.• 5.0 per 1,000 RSF for retail (the kennel and dog classrooms?), or 200 RSF allowed per space.• 25.0 per 1,000 SF used for patron use with food service or 40 SF allowed per space.

And a lot of space:• Each perpendicular double-loaded space needs 8½’ W x (20’ L + ½ of a 20’ drive) = 255 SF. • Five retail spaces take up 1,275 SF. That’s may be more than the 1,000 RSF they serve.• Parking for food service will likely kill the project. Talk to the Therriers about getting rid of that part

of the program or cutting it way back. Even 100 SF (10’ x 10’) of table and chair space would need 3 parking spaces (you can’t build 2.5 spaces). Maybe consider having just a walk-up snack bar.


59-E-3.21. Proximity to a Metrorail station. (a) For general retail uses, regional shopping centers, restaurants, theatres, furniture stores and auxiliary retail uses, the director may approve a 15 percent reduction in the standard parking requirements provided in section 59-E-3.7. This reduction is allowed if the entrance of the proposed use is located within 1,600 feet of a Metrorail station entrance as defined in section 59-E-3.21. (This could be critical. Better find out how far away Metro is!) (b) For regional shopping centers, off-site parking spaces may be allowed under the following circumstances: (1) The off-site parking facility shall be used only by employees of the regional shopping center during seasonal peak periods to help satisfy peak parking requirements. (2) The off-site parking facility will contain no more than 20 percent of the total parking spaces provided for the regional shopping center; and (3) The director/planning board finds that there are appropriate contractual or lease agreements guaranteeing the continued availability, for specified peak shopping periods, of such off-site parking spaces for the regional shopping center. In addition, the director/planning board must find that appropriate administrative mechanisms exist to ensure that employees will be required to use the off-site parking facility during specified peak shopping periods.


So how do I need to modify my zoning envelope diagram?

The code requires 10% green space. Of the 29,358 SF total property, the 5,840 SF setback alone amounts to 20%, so it’s no problem.

And what of parking? • I found out that the existing building has retail on the

first floor and office on the second. That’s 10,346/2 = 5,173 each. For retail that’s 26 cars; for office it’s 13 cars. That many cars need at least 9,945 SF to park. I’ll put it in the back.

• The 29,359 SF lot minus the 5,173 SF existing building footprint leaves 24,185 SF unbuilt. Taking away the 9,945 SF of parking required for that building leaves 14,240 SF for the new project.

Alternatives Developed:• Split it 50/50 for building and parking, doing about a

7k SF one-story building and 7k SF of parking.• Do a 11k two-story building and 11k parking (5,500

retail w/28 cars, 5,500 office w/13).• Convert a few SF of either for snack bar and add a

few more parking spaces.

8’

25’

Clearly this is only one of many alternative diagrams.

30’


And now, with a location, a confirmed use, and a few zoning envelope

diagram alternatives, I can move on to develop some value assessments.

© 2007. Barry D. Yatt. All rights reserved. 1 Takoma Park Dog Lounge Location Assessment: Zoning...

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Transcript of © 2007. Barry D. Yatt. All rights reserved. 1 Takoma Park Dog Lounge Location Assessment: Zoning...