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

© Barry D. Yatt. All rights reserved. 2 Zoning Ordinances limit the amount of building that can be put on a site. That way they can control (population) density. Most developers want a design that gets as close to that limit as possible to get maximum benefits from economies of scale. So I’ll start by reading the zoning ordinance.

© Barry D. Yatt. All rights reserved. 3 The first step is to find out what zoning district the project’s property is in. I’ll do that by consulting a zoning map.

© Barry D. Yatt. All rights reserved. 4 The existing and proposed zoning maps included in the Comprehensive Plan for Takoma Park seem to agree on the zoning district of the client’s site: C-1

© Barry D. Yatt. All rights reserved. 5 So I’ll get the Montgomery County Zoning Code (from the library or government website) and look up the laws pertaining to C-1 Districts. A quick search on Google found this: It looks like Montgomery County has subcontracted its publishing to American Legal. That’s OK with me, since it doesn’t affect my work. I’ll click on the menus on the left side and see if it will take me to the rules for C-1 districts. Article 59-C looks promising.

© Barry D. Yatt. All rights reserved. 6 Success! Look what’s there—it looks like Article 59-C-4.34 has what I need: (Yes, like much of computer use, it’s important to read the menus that are shown on the screen—the answers to how to use the website are usually there, or in help files)

© Barry D. Yatt. All rights reserved. 7 Montgomery County Zoning Code Division 59-C-4. Commercial Zones Sec. 59-C-4.1. Zones established The following are the commercial zones and their identifying symbols and the location of development standards for each (land uses are listed in section 59-C-4.2): C-T zone-Commercial, transitional C-4.30 O-M zone-Office building, moderate intensity C-4.31 C-O zone-Commercial, office building C-4.32 C-P zone-Commercial, office park C-4.33 C-1 zone-Convenience commercial C-4.34 C-2 zone-General commercial C-4.35 C-3 zone-Highway commercial C-4.36 C-4 zone-Limited commercial C-4.37 C-5 zone-Low-density, office commercial C-4.40 C-6 zone-Low-density regional commercial (Euclidean) C-4.41 H-M zone-Hotel-motel C-4.38 Country inn zone C-4.39 Time to dive in. I’ll start at the beginning of C-1 rules, with § (Section) 59-C-4.1:

© Barry D. Yatt. All rights reserved. 8 Sec. 59-C-4.2. Land Uses No use is allowed except as indicated in the following table: -Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the zones indicated, subject to all applicable regulations. -Special Exception Uses. Uses designated by the letters "SE" may be authorized as special exceptions under article 59-G. The first stop is §59-C-4.2 dealing with “permitted use”. I’d better read this! What are the little numbers?

© Barry D. Yatt. All rights reserved. 9 They refer to notes. None apply to my project, but let’s take a peek. For example, note 21 applies to “animal boarding places” in a C-3 district.

© Barry D. Yatt. All rights reserved. 10 I haven’t yet found out whether: Food service (the coffee shop part of the program) would be permitted A dog grooming facility would be considered a “barber or beauty shop” or something else Retail sales (pet food, books, etc.) would be permitted So I look them up elsewhere on the same table, Table 59-C-4.2 (which is three pages long).Table 59-C-4.2 I find the additional uses listed: Bookstores (P) Eating and Drinking Establishments (P 17: No entertainment, except music may be offered; however, patron dancing is permitted if the area designated for dancing purposes does not occupy more than 10 percent of the total gross floor area of the restaurant, not to exceed 200 square feet. ) Food and Beverage Store (P 19: Provided that any goods prepared on the premises shall be offered for sale only on the premises and at retail. ) Pet Shop (SE) Perhaps this doesn’t explicitly answer my questions, but it’s enough to justify calling the code officials for clarification.

© Barry D. Yatt. All rights reserved. 11 Sec. 59-C C-1 Zone--Purpose and development standards 59-C Purpose. It is the purpose of the C-1 zone to provide locations for convenience shopping facilities in which are found retail commercial uses which have a neighborhood orientation and which supply necessities usually requiring frequent purchasing with a minimum of consumer travel. Such facilities should be located so that their frequency and distributional pattern reflect their neighborhood orientation. In addition, such facilities should not be so large or so broad in scope of services as to attract substantial amounts of trade from outside the neighborhood. It is further the intent of this zone that, in order to restrict the size of such facilities, the convenience commercial zone should not be located in close proximity to other commercial areas; and it shall not be applied to land which is located within a central business district as defined in section 59-A C Area requirements Land classified in the C-1 zone shall not exceed 15 acres at one location, including land which is zoned for, or developed with, commercial uses and which is adjacent and contiguous or separated only by a street or other right-of-way; except where, by reason of exceptional topographic conditions, exceptional narrowness, shallowness, shape or juxtaposition of specific parcels, the failure to so classify would result in unusable, abandoned or unproductive land or properties; and any such exception shall be limited to the extent necessary to avoid such result. So I’ll continue, with rules specifically for C-1 Districts. So far, no conflicts. The property in question is certainly less than 15 acres, and the program fulfills local programmatic needs. I’m done with §59-C So I can move on to §59-C-4.342

© Barry D. Yatt. All rights reserved. 12 §59-C and 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.

© Barry D. Yatt. All rights reserved. 13 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.

© Barry D. Yatt. All rights reserved. 14 I’ll get closer. What are the limits of the property?

© Barry D. Yatt. All rights reserved. 15 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.

© Barry D. Yatt. All rights reserved. 16 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…

© Barry D. Yatt. All rights reserved 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.

© Barry D. Yatt. All rights reserved. 18 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.

© Barry D. Yatt. All rights reserved. 19 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

© Barry D. Yatt. All rights reserved. 20 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.

© Barry D. Yatt. All rights reserved. 21 Now I have the base of the zoning envelope diagram. I’ll look next at the height and setbacks.