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Although an application may comply with all of the specific requirements and intent of the applicable zone, it does not create a presumption that the application must be approved. The Planning Board may approve, or approve subject to modifications, an application only if it finds that:
(a) It would comply with all of the intents and requirements of the zone.
(b) The application would be consistent with the applicable sector plan or urban renewal plan. However:
(1) To permit the construction of all MPDUs under Chapter 25A, including any bonus density units, on-site in zones with a maximum permitted density more than 39 dwelling units per acre or a residential FAR more than .9, a project plan may exceed:
(A) any dwelling unit per acre or FAR limit recommended in a master plan or sector plan, but must not exceed the maximum density of the zone; and
(B) any building height limit recommended in a master plan or sector plan, but must not exceed the maximum height of the zone. The additional FAR and height allowed by this subsection is limited to the FAR and height necessary to accommodate the number of MPDUs built on site plus the number of bonus density units.
(2) To permit the construction of all workforce housing units required under § 59-A-6.18 and Chapter 25B on-site, the Planning Board must permit:
(A) any residential density or residential FAR limit of the applicable zone to be exceeded to the extent required for the number of workforce housing units that are constructed, but not by more than 10 percent;
(B) any residential density or residential FAR limit recommended in a master or sector plan to be exceeded to the extent required for the number of workforce housing units that are constructed, but not to more than the maximum density and FAR of the zone, except as provided in paragraph (1); and
(C) any building height limit recommended in a master or sector plan to be exceeded to the extent required for the number of workforce housing units that are constructed, but not to more than the maximum height of the zone.
(3) An optional method of development project need not conform to the applicable sector plan’s or urban renewal plan’s recommendation to provide a mid-block pedestrian path on private property if the applicable plan does not recommend the continuation of the mid-block pedestrian path on confronting private property across a road right-of-way, or if the applicable plan recommends that the mid- block pedestrian path cross a major highway.
(c) Because of its location, size, intensity, design, operational characteristics and staging, the application would be compatible with, and not detrimental to, existing or potential development in the general neighborhood.
(d) The application would not overburden existing public services nor those programmed for availability concurrently with each stage of construction and, if located in a transportation management district designated under , is subject to a traffic mitigation agreement that meets all the applicable requirements.
(e) The application would be more efficient and desirable than could be accomplished by the use of the standard method of development.
(f) The application would include moderately priced dwelling units under , if the requirements of that chapter apply.
(g) When a project plan includes more than one lot under common ownership, or is a single lot contained two or more CBD zones, and would transfer public open space or development density from one lot to another, or transfer densities within a lot with two or more CBD zones, under 59-C-6.2351 or 59-C-6.2352, the Planning Board may approve the project plan only if:
(1) The project will preserve an historic site, building, structure or area as shown on the Locational Atlas and Index of Historic Sites or the Master Plan for Historic Preservation; and/or
(2) The project will implement an urban renewal plan adopted pursuant to of the Montgomery County Code; and/or
(3) The project will result in an overall land use configuration that is significantly superior in meeting the goals of the applicable master or sector plan and the zone than what could be achieved without the proposed transfer.
(h) Any applicable requirements for forest conservation under .
(i) Any applicable requirements for water quality resource protection under .
(j) When the Planning Board allows any public use space, or public facilities and amenities to be provided off-site, the Planning Board must find that the space or improvement:
(1) is consistent with the goals of the applicable master or sector plan; and
(2) serves the public interest better than providing the public use space or public facilities and amenities on-site.