DETAILS OF MODERATELY PRICED DWELLING UNIT (MPDU) PROGRAM LEGISLATION APPROVED BY COUNTY COUNCIL ON NOVEMBER 30, 2004
As Compared with the Montgomery County Civic Federation position adopted 9/13/04
Compiled by MCCF Housing Committee
MPDU Program Improvement Bill (Bills 24-04/25-04/27-03 amended)
• Control Period - MCCF recommended extending the control period for
both rental and sale MPDUs to 99 years. The bill approved by Council extends
the control period for rental units to 99 years, and the control period for
sale units to 30 years with the provision that, for units resold while still
under Program control, the 30 year clock will be restarted. This has the practical
effect of allowing sale units, under particular circumstances, to remain under
Program control in perpetuity.
• Minimum Size of Subdivisions Requiring MPDUs - MCCF recommended reducing
the size of subdivisions requiring MPDUs to those 20 units or larger in size,
asking that the Planning Board be tasked with paying particular attention
to the compatibility of smaller infill projects with existing adjacent development.
The Council agreed to reducing subdivision size to those 20 units or larger.
• Minimum Number of Bedrooms - MCCF supported the provision in Bill
25-04 as introduced that sought to insure that MPDUs be of adequate size to
support families with children. The bill agreed to by Council requires that
all single-family detached MPDUs have at least 3 bedrooms.
• Alternative Agreements (provision of MPDUs off site) - MCCF supported
the elimination of buyouts proposed in Bill 27-03 as introduced, and MCCF
endorsed the provision in Bill 25-04 as introduced, which stated that any
Department of Housing and Community Affairs (DHCA) approval allowing MPDUs
to be provided off site should specify that those units must be located in
the same planning area as the market rate project and units should be the
same size as those in the market rate project. One of the stated objectives
of the bill and the zoning text amendments approved by Council is to insure
that MPDUs are provided onsite in all projects for which they are required.
However, the legislation retains alternative agreements allowing approval
for provision of MPDUs offsite, so long as they are located in the same planning
area as the market rate project.
• Alternative Agreements (buyouts) - MCCF recommended the elimination
of all buyouts. The bill approved by Council stops the practice of allowing
buyouts in cases where developers claim that provision of the full complement
of MPDUs required in a project will make that project "economically infeasible."
However, DHCA approval of buyouts was allowed to continue in cases where high
amenity package fees may render an MPDU unaffordable to applicant income level
households, and also in senior and special needs housing, and on sites where
environmental constraints prevent the achievement of full density allowed
by the zone. The agreed upon formula for calculating buyouts was set at 12.5%
of the price of a market rate unit for CBD highrise projects, 37.5% of market
rate for projects in all other locations. Also, the Director DHCA was tasked
with conducting a study of how MPDU buyouts could be completely eliminated,
except in senior and special needs housing and for environmental constraints,
and reporting back to Council in one year. [NOTE: Councilmembers Leventhal,
Denis and Perez voted for a failed amendment that would have eliminated all
buyouts.]
Zoning Text Amendments and Subdivision Regulation Amendment 04-01
MCCF opposed the approval of all ZTAs and SRA 04-01. Council approved them
all.
• ZTA 03-09 - Council approved applying the MPDU Program requirement
to projects in the rural large lots zones (RE-1, RE-2C and RNC), "where
clustering and sewer are recommended in the master plan." The Council
also approved an amendment to the ZTA on a show-of-hands vote that will allow
townhouses as an alternative building type in these zones, in addition to
duplexes and quadplexes that can more easily be built to resemble the single-family
detached homes one sees in these zones.
• ZTA 04-11 - This ZTA reduces the required minimum greenspace for garden
apartment projects in the multi-family zones to 35% (R-10, R-20, R-30 and
RH), down from 45-53%. Also increases the size of allowable footprints of
buildings from 20% to 24%.
• ZTA 04-12 - This ZTA allows required public use space to be reduced
or provided offsite for projects in the Central Business District (CBD) zones,
or allows the public use space requirement to be met by the making of a payment
that may be combined with other similar payments and used to acquire a suitable
public use space site in proximity to the projects involved in the deal. It
also allows greater dwelling unit densities for projects in the CBD and Transit
Station zones to accommodate provision of MPDUs onsite.
• ZTA 04-13 - This ZTA allows height and density of projects in the
CBD, RMX and Planned Development (PD) zones to be increased up to the maximum
allowable in the zone, as necessary to accommodate provision of MPDUs onsite.
• ZTA 04-14 - This ZTA allows up to 100% townhouse projects, which include
MPDUs onsite, in zones that are primarily single-family detached home zones
(R-60, R-90, R-150, R-200). These zones previously had limits of 50 to 60%
on allowable percentage of townhouses units in a project.
• Subdivision Regulation Amendment 04-01 - This SRA allows a reduction
in the required width of tertiary roads. It also authorizes the Planning Board
to waive making a finding, as formerly required, that a project's preliminary
plan (also known as the "subdivision plan") is in conformance with
the applicable area master plan. This provision allows the Planning Board
to approve the subdivision plan for a project, regardless of the recommendations
for the site in the applicable master plan, in order to accommodate provision
of MPDUs onsite in the project.
Website analysis created by MCCF Housing Committee, 12/19/04
This Page Last Edited: December 24, 2004 .