Sector Plan

WHITE FLINT SECTOR PLAN

Planning Board Approved Implementation Guidelines

July 2011 Abstract This document contains the Planning Board-approved procedures for coordinating, staging, and monitoring the implementation of the recommendations in the White Flint Sector Plan, which was approved and adopted in April 2010. Source of Copies The Maryland-National Capital Park and Planning Commission 8787 Georgia Avenue Silver Spring, MD 20910 Online at: MontgomeryPlanning.org/community/whiteflint

midtown on the pike

Planning Board Approved Implementation Guidelines

White Flint Sector Plan

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Introduction Guideline Procedures 2.1 White Flint Implementation Advisory Committee 2.2 Use of Guidelines 2.3 Changes to Guidelines Community 3.1 3.2 3.3 3.4 Facilities and Amenities Public Amenities Commercial Residential (CR) Zone Incentives Capital Improvements Program (CIP) Public Facilities and Amenities Assessment

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Completing Phasing Amenities 4.1 Transportation Facilities 4.2 Mode Share Goals Biennial Monitoring Program 5.1 Development Approval 5.2 Status of New Facilities 5.3 CIP and Subdivision Staging Policy 5.4 Comprehensive Local Area Transportation Review 5.5 Changes to the Staging Plan Appendix 6.1 Implementing Legislation 6.1.1 White Flint Staging Allocation 6.1.2 White Flint Sectional Map Amendment 6.1.3 White Flint Special Taxing District 6.1.4 White Flint Sector Plan Implementation Strategy and Infrastructure Improvement List 6.2 Staging Allocation Request Form

White Flint Sector Plan / Implementation Guidelines

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introduction

he 2010 Approved and Adopted White Flint Sector Plan is being implemented through focused coordination between public and private interests. The Plans vision is to transform an autooriented development pattern into an urban center with residential and non-residential development, new amenities including parks and open spaces, and new cultural destinations and public facilities. The Plans vision will be implemented through various actions, including zoning, taxing, and staging. These guidelines address the staging process. New development in White Flint is regulated by the Commercial Residential (CR) Zone. The zone requires a sketch plan for optional method development, which is a conceptual plan that illustrates the general development pattern of a project, including streets, building heights, pedestrian network, parks and open space, and other features. The Sector Plan recommends the creation of a financing mechanism. The County Council, via Bill 50-10, enacted the White Flint Special Tax District in November 2010 as the funding source for several transportation infrastructure improvements in the Plan area. The Council also approved the White Flint Sector Plan Implementation Strategy and Infrastructure List (Resolution No. 16-1570) that complements the tax district. The ad valorem tax will cover all existing commercial properties, and excludes existing multi-family residential buildings, townhouses and a religious institution. Beginning July 1, 2011, the White Flint Special Tax rate will be $0.103 per $100 of assessed value. This tax will be levied and collected as other County property taxes. Pursuant to the Plan, the Planning Board established an implementation advisory committee comprising stakeholders in the Plans redevelopment, including property owners and residents. The committee is responsible for monitoring the Plans recommendations, Capital Improvements Program (CIP), and subdivision staging, and for recommending action to the Planning Board and Council. The Plan directs the Planning Board to develop a transportation approval mechanism and biennial monitoring program to implement the Sector Plan. These Guidelines provide direction to the Planning Board and their staff on appropriate procedures for implementing the Sector Plan and related enabling legislation. The focus of these Guidelines is on the procedures required to open Stage 1 and to proceed from Stage 1 to Stage 2. The White Flint Sector Plan recognizes that over the decades required for full sector plan implementation, some modifications may be needed to the staging plan. The process for considering amendments to the White Flint Implementation Guidelines is described in Section 2.3.

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2 guideline procedures

2.1 White Flint Implementation Advisory Committee The Sector Plan requires that the Planning Board must establish an advisory committee that consists of property owners, interest groups, and residents that are stakeholders in the redevelopment in the Sector Plan area. The committee is also responsible for monitoring the Plans recommendations, Capital Improvements Program (CIP), and subdivision staging and recommending action to the Planning Board and Council. The committee consists of 23 individuals, including representatives from surrounding civic and homeowners associations, property owners, and representatives from the Executive Branch. All members are appointed by the Planning Board for two year-terms with reappointments also made by the Board. The Committee meets monthly to discuss issues related to the Plans implementation, including the Comprehensive Local Area Transportation Review (CLATR) and CIP projects. 2.2 Use of Guidelines These guidelines are intended to be used by the Planning Board and its staff in the implementation of the White Flint Sector Plan. They will provide direction, specific guidance, and address situations that are not specifically addressed in the Sector Plan, Subdivision Staging Policy, or other County policies. 2.3 Changes to Guidelines The Sector Plan states, A successful staging plan should be elastic enough to respond to market forces without losing the plans vision or requiring amendments (page 67). The biennial monitoring program established in the Plan is charged with several specific tasks, one of which is to conduct a regular assessment of the staging plan and determine if any modifications are necessary (page 68) The Sector Plan clearly contemplates that implementation of the staging plan will be an iterative and evolving process. However, the staging plan and these Guidelines must also remain constant enough that market actors will be able to make rational decisions based on their reasonable expectations that the implementation process is predictable.

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Changes to the Guidelines require Planning Board approval. Changes need to balance flexibility and certainty, and should be guided by the following principles: 1) To the extent appropriate, changes should generally take effect at the beginning of the next phase of development as set forth in the staging plan. This would mean that major changes made in Phase 1 generally should not take effect until the beginning of Phase 2. If the Board wants to change the Guidelines before the beginning of the next stage, they may consider a variety of factors, including the nature of the change, the underlying facts that justified the proposed change, and the testimony submitted by stakeholders. The Planning Board may consider changing the Guidelines at any time if they find that events have occurred or facts have emerged that render specific Guideline provisions no longer appropriate. The Planning Board should consider the Implementation Guidelines in conjunction with their review of the biennial monitoring report or other periodic assessments. However, the Planning Board may revise the Implementation Guidelines before the biennial report.

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3 community facilities and amenities

The Sector Plan recommends several community or public facilities that will support the transformation of White Flint into an urban center. Public facilities will be owned and operated by a public agency, such as the Department of Public Libraries. Public amenities are elements, such as public use space and art, which are provided by property owners during the redevelopment process (see Map 1). Most of these public facilities are recommended in the core area of the Plan area, the Metro East and Metro West districts. Metro West consists of three blocks, including Wall Park, the Conference Center and Holladay, while Metro East consists of two blocks: North Bethesda Center and the Sterling. The facilities in Metro East and Metro West will create a civic presence and destination within the core area of the Sector Plan. These facilities will be provided either by the public or private sector, or a publicprivate partnership. District Specific Facilities The public library, satellite regional services center, civic green and recreation center are recommended for either Metro West or Metro East districts. The civic green is only recommended for the Metro West district. Large properties in the Metro West and Metro East districts, such as North Bethesda Conference Center and LCOR North Bethesda Center, provide the best opportunity to accommodate either the satellite regional service center or the library, since both properties can accommodate additional development in the long-term. However, LCOR has a significant amount of approved but not yet built development, and therefore may not proffer major public facilities in the short term. In addition, there are smaller properties in both districts where redevelopment opportunities for mixed-use development are limited in the near term. Property Specific Facilities Fire, rescue and emergency medical services, an elementary school, and a recreation center are located on specific properties in the Plan. The fire, rescue and emergency medical services site is specifically identified for the State Highway Administration property east of Rockville Pike and immediately north of the Forum Condominium in the Maple Avenue District. The police sub-station is associated with the fire station. Wall Local Park, at the intersection of Nicholson Lane and Executive Boulevard, is recommended as the preferred site for the recreation center. Alternatively, the recreation center can be located on other properties in Metro West and Metro East. The southern portion of White Flint Mall is designated as the preferred site for the elementary school, while the Luttrell property, north of Executive Boulevard and west of Woodglen Drive, is the alternative school site location.

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Map 1

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Co-Location of Public Facilities The co-location of public facilities, such as the satellite regional services center and library, could provide operational and service efficiencies. Moreover, since the cost of acquiring land for new facilities is expensive, co-location is an efficient strategy. Non-Recommended Sites During the life of the Sector Plan, a property owner in any district may propose the location of a public facility on a site not recommended for that facility in the Plan. If this occurs, the Planning Board must determine, according to Section 59-C-15.61 of the CR Zone, that the site plan is consistent with the objective of the Sector Plan. A similar finding is included in the Subdivision Ordinance, Section 50-35 (l), which establishes a consistency finding for preliminary plans. 3.1 Public Amenities A farmers market, public art, child daycare centers, and undergrounding of utilities are some of the amenities (page 66 of the Plan) that will contribute to the livability of White Flint. These amenities are not owned or operated by a public agency. Some of these amenities, such as public art and streetscape, will be provided through private redevelopment. The White Flint Sector Plan Implementation Advisory Committee should identify whether any additional amenity projects are necessary, and monitor the status of amenities identified in the Sector Plan during its reports to the Planning Board. 3.2 Commercial Residential (CR) Zone Incentives Payment In Lieu: Public Use Space and Amenities Developers in White Flint are encouraged to provide required public use space and amenities onsite. However, the CR Zone also allows a developer to satisfy all or a portion of the on-site public use space requirement by implementing a public use space improvement offsite, subject to Planning Board approval. Implementing public park or public use space improvements within or near an applicable plan area is one way to meet the public use space requirement. Developers have the option of making a payment for the total amount or a portion of the design, construction, installation, and/or operation of an off-site public use space. Any development that uses the payment-in-lieu option should address the priority projects listed on page 66 of the Sector Plan. Any project chosen from the priority projects must be fully funded before other priority projects are chosen. Some of the amenities, such as public art, are eligible for incentive density under the optional method of development in the CR zone. Major Public Facilities Major public facilities are often funded by the public sector (see Section 4.3). The CR Zone also establishes incentives for developers to provide major public facilities, such as an urban park and a library. The Sector Plan states that public facilities should be provided in conjunction with private land development, including dedication of land for public use in order to reduce the costs to the public (page 67). Land for the civic green may be secured through dedication, if there is an assemblage of properties on the Conference Center Block, or purchased through public acquisition. Property developers can receive incentive density, up to 70 points, if a site or floor area of a facility is conveyed or built for a public agency, community association, or nonprofit organization. Additionally, a developer can make a payment for a major public facility that is accepted for use and/or operation by an appropriate public agency or nonprofit organization.

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Developers are encouraged to use the CR Zones incentives to provide either land area or floor area in a mixed-use building for a major public facility. Further, the White Flint Implementation Advisory Committee, during its review and comment on new development, should advocate for new facilities via the incentives in the zone. 3.3 Capital Improvements Program (CIP) Under Section 302 of the Countys Charter, the County Executive must submit a CIP to the Council every other year. Section 302 states that: The capital improvements program shall include a statement of the objectives of capital programs and the relationship of capital programs to the Countys long-range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of costs, a statement of anticipated revenue sources, and an estimate of the impact of the program on County revenues and the operating budget. The capital improvements program shall, to the extent authorized by law, include all capital projects and programs of all agencies for which the county sets tax rates or approves budgets or programs. Public facilities that are funded by the public sector are programmed in the CIP and are reflected in a Project Description Form (PDF). The County may create a capital project for public facilities in White Flint. This would allow property owners to provide suitable contributions towards a public facility through a public-private partnership. A property owner may provide for a small facility, such as the satellite regional services center, on the ground floor or second floor of a mixed-use building. For this to qualify for the incentive density, the County must agree to operate the facility. 3.4 Public Facilities and Amenities Assessment The Planning Department will prepare biennial monitoring reports that document the status of the facilities indicated on the Existing and Proposed Community Facilities Map (Map 1). The report should state when, where, and who is expected to deliver the public facility. The Implementation Advisory Committee should monitor how many amenities are implemented, programmed or planned. For any public facility that is not in the Countys CIP incorporated in new development, or provided , for via payment by spring 2020 (10 years after the Plan adoption), the Implementation Advisory Committee should alert the Planning Board and County Council that the facility has not been included in the CIP or as part of a private development. The Sector Plan recommends that proposed civic uses, intended to create vitality within the urban core, are built and constructed early in the life of the Plan (page 67). Opportunities may arise to reduce costs for public facilities by entering into a public-private partnership on a site not recommended by the Plan. In that case, the Implementation Advisory Committee should advise the staff and the Board whether such a site meets the Plans goals and objectives. If it does, the Board may accept the revised location as consistent with the Sector Plan. The Planning Board must find that the location furthers the Plans recommendations and objectives, as required in the CR Zone.

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4 completing phasing prerequisites

The Sector Plan identifies prerequisites for moving from Phase 1 to Phase 2 and from Phase 2 to Phase 3. To move from one Phase to another, the Planning Board will consider a staff recommendation to that effect and will hold a public hearing to open the next phase. The staff recommendation will address each of the individual requirements in the staging plan. The staff recommendation will document coordination with the White Flint Implementation Advisory Committee. The Planning Board should not move from Phase 1 to Phase 2 without considering the written comments of the White Flint Implementation Advisory Committee. Planning staff may not prepare a recommendation to move from Phase 1 to Phase 2 without a written statement from the County Executive that the Executive branch agencies find that all prerequisites for moving from Phase 1 to Phase 2 have been met. 4.1 Transportation Facilities During Phase 1, the Planning Board may issue Staging Allocation Approvals until the limits of 3,000 dwelling units or 2.0 million square feet of non-residential development are reached. Work-around roads planned for west of Rockville Pike, including the streets for the civic core, should be contracted for construction during Phase 1 of the staging allocation. Other projects that must be underway prior to moving to Phase 2 are described below. In each case, the Planning Boards determination that the prerequisite has been met will be based on staff recommendation in conjunction with the White Flint Implementation Advisory Committee review and other public testimony. The first two improvements are incorporated in the White Flint District West: Transportation PDF (#501116) in the Approved FY 11-16 CIP: , contract for the construction of the realignment of Executive Boulevard and Old Georgetown Road , contract for construction of Market Street (B-10) in the Conference Center Block (Metro West) The Planning Board should consider these prerequisites to be met when contracts have been issued that cover all construction necessary for these streets. The one exception is that the portion of Market Street between Woodglen Drive and Rockville Pike may be subject to a breakout contract that allows deferral of the construction beyond 24 months if the most recent CLATR demonstrates that this segment is not needed for roadway capacity. The next improvement addresses Quality of Service for pedestrians and bicyclists: , Fund streetscape improvements, sidewalk improvements, and bikeways for substantially all of the street frontage within one quarter-mile of the Metro station: Old Georgetown Road, Marinelli Road, and Nicholson Lane. The Planning Board should consider these prerequisites to be met when all referenced improvements within a one-quarter mile radius of the existing Metrorail station portal (as defined for the purposes of sketch plan review) are fully funded for construction within the first six years of a CIP or CTP The exceptions . to this rule (as indicated by the word substantially in the Plan text) are that the following improvements are not necessarily expected to be implemented during Phase 1: , the reconstruction of Rockville Pike , the segment of Market Street between Woodglen Drive and Rockville Pike. The next prerequisite involves planning for Rockville Pike implementation.
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Fund and complete the design study for Rockville Pike, to be coordinated with SHA, MCDOT, and M-NCPPC.
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The Planning Board should consider this prerequisite to be met after the Planning Board has recommended, and the Maryland State Highway Administration has concurred with, a preferred alternative that has been the subject of a Categorical Exclusion, a Finding of No Significant Impact, a Draft Environmental Impact Statement, or a Mandatory Referral review. The next prerequisite, regarding mode share goals, is discussed in a subsequent section.
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Achieve 34 percent non-auto driver mode share for the Sector Plan area. The Planning Board should assess whether the buildout of the Sector Plan is achieving the Plans housing goals.

The final prerequisite addresses housing needs:

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Staff and the White Flint Implementation Advisory Committee will review the jobs-to-housing balance and the proportion of affordable housing units for current and pipeline development as part of the biennial monitoring report. The Planning Board should consider this prerequisite to be met if recent biennial reports demonstrate roughly proportional progress between the conditions at time of Sector Plan adoption and the conditions anticipated at the end of Phase 3. A jobs-to-housing balance that is housing-heavy is also acceptable. 4.2 Mode Share Goals Mode share goals are to be determined based on annual employee surveys conducted by the North Bethesda TMD (the same process as used in Bethesda CBD staging in 2004) and annual surveys of selected residential properties. Relevant survey information includes journey-to-work mode share for employees (NADMS-E) arriving to their workplace in the White Flint Sector Plan Area during the AM peak period (6:30 a.m. to 9:30 a.m.), and journey-to-work (or school) mode share for employees leaving their residence (NADMS-R) in the White Flint Sector Plan Area during the same AM peak period. The overall White Flint Sector Plan Area mode share (NADMS) is the weighted average of NADMS-R and NADMS-E. For instance, if at the time of an annual survey, there are: , 34,000 employees working in the White Flint Sector Plan Area with an NADMS-E of 30 percent , 4,000 employed residents of the White Flint Sector Plan Area with an NADMS-R of 45 percent , then the NADMS is (34,000*30%+4,000*45%) / (34,000+4,000)=31.58 percent. Non-Auto Drivers include transit users, carpool/vanpool passengers, walkers, and bikers. Non-Auto Drivers do not include employees on scheduled leave or sick leave, or out of the office (they are neither in the numerator of non-auto-drivers nor the denominator of all employees working in White Flint). Non-Auto Drivers do include teleworkers and compressed-schedule employees. The NADMS-E will be the weighted average of responses for the full week of the survey. The Phase 1 requirement is a 34.00 percent NADMS. A calculated combination of NADMS-E and NADMS-R of 33.99 percent would not meet the NADMS requirement; a result of 34.01 percent would meet the NADMS requirement. The staff must consider the variability inherent in survey results in developing the recommendation to move to another phase (i.e., if four consecutive annual surveys during Phase 1 showed NADMS results of 27 percent, 26 percent, 28 percent, and 35 percent, any consideration to move to Phase 2 in the fifth year should be accompanied by analyses of independent indicators of changes in mode share behavior).
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biennial monitoring program

The Biennial Report will be developed during the spring of each odd-numbered year, to be incorporated with biennial status reports that help inform development of the Executives biennial CIP during the following autumn. 5.1 Development Approval The Planning Board on January 20, 2011 approved three sketch plans: North Bethesda Market II, Mid-Pike Plaza, and North Bethesda Gateway. These plans total 2.944 million square feet of nonresidential development and 3,266 dwelling units. This amount of development is more than the total permitted in the first stage of development established in the Sector Plan. Accordingly, Staging Allocation Approvals will not be granted for this full amount in Stage 1. Most new development will be approved via a sketch plan, which is required in the Commercial Residential (CR) Zone. A sketch plan is a conceptual plan that illustrates the general development pattern of a project, including streets, building heights, pedestrian network, parks and open space, public facilities or amenities, and sustainable features. It is required for optional method development. After sketch plan approval by the Planning Board, the next review will be either preliminary plan or site plan review. Planning staff will develop a publicly accessible web application for the purpose of tracking remaining staging capacity and demand for staging capacity through each sector plan phase. Net dwelling units and net non-residential square footage of current submitted and approved plans that may result in staging allocation requests (Sketch, Preliminary, and Site plans), as well as submitted, approved, and queued Staging Allocations will be displayed in three ways: , an interactive map application , bar charts summarizing data for submitted and approved plans , tables itemizing data for each individual plan. 5.2 Status of New Facilities Public facilities will be provided either through the Countys Capital Improvements Program (CIP), an Amenity Fund, or a development dedication of land or building square footage for a facility. As of spring 2011, no public facilities are included in the County Executives CIP and no sketch plans have been approved for any public facility. 5.3 CIP and Subdivision Staging Policy The biennial monitoring report (produced during the summer of odd-numbered years) will include a section describing any recommended amendments to existing Project Description Forms (PDF) or new PDFs to be added to the subsequent biennial CIP (developed for public hearing in the spring of even-numbered years). This section will also describe whether any changes to the Subdivision Staging Policy are needed, a particularly important element considering that the development of the Subdivision Staging Policy and these guidelines in 2011 cannot anticipate the full range of circumstances that will arise. The Planning Board may consider changes to the Subdivision Staging Policy at any time (they need not wait for a biennial review), but must consider the performance of the Subdivision Staging Policy at the time of the biennial review.

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5.4 Comprehensive Local Area Transportation Review The Comprehensive Local Area Transportation Review (CLATR) will include all signalized intersections in the Sector Plan area plus all signalized intersections on major highways and arterials elsewhere in the North Bethesda/Garrett Park Master Plan area, with the exception of Rock Spring Park (i.e., southwest of the I-270 Spur) and in the Twinbrook Metro Station Policy Area (i.e., both northeast of the CSX tracks and north of Montrose Parkway). The CLATR will incorporate the most recent Non-Auto-Driver Mode Share (NADMS) survey results and traffic counts developed by the North Bethesda Transportation Management District by December of even numbered years, per Section 42-27(a) of the County Code. The CLATR will consider the following scenarios: existing conditions a ten-year to fifteen-year development horizon (rounded to the nearest five years, consistent with the philosophy in the Executives TPAR report) considering: approved development within the White Flint Sector Plan area, consisting of pipeline development not subject to staging plus approved sketch plans (as adjusted by sketch plan property owner representations of the amount of sketch plan development expected to be built by the horizon year) the latest round of cooperative forecasts submitted by the Planning Department to Metropolitan Washington Council of Government (MWCOG) for the rest of Montgomery County, including the municipalities the latest round of cooperative forecasts approved by MWCOG for the rest of the region the latest Constrained Long-Range Transportation Plan (CLRP) transportation network approved by MWCOG for the rest of the region additional projects in Montgomery County if approved by the County Council as part of the Subdivision Staging Policy/CIP process local infrastructure programmed by the State, County, or special taxing district for the specified horizon year. The CLATR will identify intersections which are not forecasted to meet the congestion standards for either existing conditions or the CLATR development horizon condition. The CLATR will identify alternative transportation improvements that could be implemented to meet the congestion standards and a recommended course of action. The CLATR recommendations will be reviewed by the White Flint Implementation Advisory Committee and the Planning Board prior to transmittal of Planning Board comments to the Executive and County Council for consideration in the CIP development process.
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5.5 Changes to Staging Plan The Sector Plan recognizes that over time, the implementation of the Sector Plan will need to accommodate new technologies, policies, and regulations. Some changes may warrant reconsideration of the Sector Plan staging plan and such reconsideration should be made through a regular deliberative process. The biennial monitoring report will therefore contain a section describing whether any amendments should be considered to these White Flint Implementation Guidelines or to the Sector Plan staging plan itself.
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6 appendix

6.1 Implementing Legislation 6.1.1 6.1.2 6.1.3 6.1.4 White Flint Staging Allocation White Flint Sectional Map Amendment White Flint Special Taxing District White Flint Sector Plan Implementation Strategy and Infrastructure Improvement List

6.2 Staging Allocation Request Form

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6.1 Implementing Legislation 6.1.1 White Flint Staging Allocation

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6.1 Implementing Legislation 6.1.2 White Flint Sectional Map Amendment

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6.1 Implementing Legislation 6.1.4 White Flint Sector Plan Implementation Strategy and Infrastructure Improvement List

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6.2 Staging Allocation Request Form

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midtown on the pike

Planning Board Approved Implementation Guidelines
July 2011 Montgomery County Planning Department M-NCPPC www.MontgomeryPlanning.org

White Flint Sector Plan

7110000022

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