consider approving only those agreements that have garnered

8/14/2019 Consider Approving Only Those Agreements That Have Garnered

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MPDU LAW CHAPTER 25A (Bills No. 24-04/25-04/27-03, enacted (11/30/04) and 4-05, (Technical Corrections, enacted 5/18/05)

New Section Issue Addressed Comparable Previous law New Law Description of Change

Section 1.

25A-3 Definitions

(g) Control

period

Ownership Control Period 10 30 Increased significantly

Rent Control Period. 20 99 Increased significantly

25A-4 Income

and eligibility

Standards (a)

Update of Eligibility

Criteria.

Executive must establish standards of

eligibility and must revise the standards

when changes in the market conditions

affect the ability of moderate income

households to buy or rent housingThe

Executive may establish different

income eligibility standards for buyers

and renters.

Executive must set and annually revise

standards of eligibility by regulation.These stands must specify moderate-

income levelsThe Executive must set

different income edibility standards for

buyers and rentersmay set different

income eligibility standards for higher-cost

or age-restricted housing, as defined by

regulation.

Requires the Executive to revisit andrevise the income eligibility criteria

annually. Directs the Executive to set

standards for owners and for renters and

allows the executive to address the need

for different MPDU standards in higher

cost or age-restricted housing.

25A-5

Requirement to

build MPDUs;

agreements (a)

Subdivision Threshold. 35 units 20 units Decreased threshold.

25A-5

Requirement to

build MPDUs;agreements (b)

(2)

Number of Bedrooms in

MPDUs in Single-family

Dwelling Unit

Subdivisions.

2 or more bedrooms (the number of

MPDUs with a given number of

bedrooms must have the same

ratioas the number of market-rateunits in the subdivision)

Each MPDU must have 3 or more

bedrooms

Established that in single-family DU

subdivisions that MPDU must have notless than three bedrooms.

25A-5 (b)end

of subsection

The Director must not approve an MPDU

agreement that reduces the number of

bedrooms required by this subsection in

any MPDU.

Prohibits use of Directors discretion to

approve MPDU agreements with reduced

number of bedrooms.

Research & Technology Center, Maryland-National Capital Park & Planning Commission8787 Georgia Avenue, Silver Spring, MD 301-495-4000


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25A-12 Annual report. Not addressed.

By March 15 of each year the Director

MUST report to the Executive and Councilfor the previous calendar year:

- the number of MPDUs approved andbuilt

- each alternative payment agreementapproved, with the location and number ofMPDUs that were involved in theagreement,

- each approval of a different rent for ahigh-rise rental unit

- the use of all funds in the HIF that werereceived as a payment under Section25A-5A

Each year the Director will produce a

report that describes the years

accomplishments. These reports will list

the specific contributions from the

alternative payments, breakout the

number of MPDUs involved or link the

payments to the production of MPDUs.

25A-13 Applicability. Renumbered.

Section 2.Effective Date;

Applicability. --

This Act takes effect on April 1, 2005.

The amendments to Chapter 25A made

by Section 1 of this Act which extend the

control period for sale and rental MPDUs

do not apply to any MPDU for which a

sale contract or rental agreement was

signed before April 1, 2005. The

amendments to Section 25A-5 made bySection 1 of this Act which reduce the

minimum size of a development where

MPDUs must be located do not apply to

any development for which a preliminary

plan of subdivision was approved before

April 1, 2005

The Act takes effect on April 1, 2005.

The Act does not apply to any MPDU

agreement signed prior to April 1, 2005.

The reduced minimum size of a

development where MPDUs must be

located does not apply to any

development with a preliminary plan

approved before April 1, 2005.

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Sec. 3

Executive proposal to limit

alternative payment

agreements.

---

By April 1, 2006, after consulting with the

Planning Board and the HOC, the County

Executive must propose to the Council

legislation or regulation to limit alternative

payment agreements to

-senior citizen and special needs housing

with unaffordable services and facilities

and

-environmental constraints that would

render the building of required MPDUs at

a site economically feasible.

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MPDU LAW ZTAs and SRA

New ZTA/SRA Issue Addressed Comparable Current law New Amendment Description of Change

59-C-2.4 and

2.42

Ord. 15-34

(ZTA 04-11)

Green Space Requirement for

R-30, R-20, R-10 and R-H

Zones if MPDUs are

constructed on site

Coverage limitations:

-Buildings must not occupy

more than certain percentages

(20 to 24 percent)

-Green area may be reduced if

necessary to accommodate

increased density resulting

form the MPDU to not less

than 45 to 53 percent.

Coverage limitations were deleted.

Green area may be reduced to 35%.

Will aid in the construction of

MPDUs on site.

59-C-6.215 and

59-C-8.4

Ord. 15-35

(ZTA 04-12)

Density Bonus in CBD and

Transit Station Zones to

accommodate MPDUs on site

CBD and Transit Station zones

do not now have language that

expressly allows the maximum

residential FAR of either zone

to be increased to

accommodate the MPDU

density bonus provided underChapter 25A.

The maximum dwelling unit density or

residential FAR may be increased in

proportion to any MPDU density bonus

provided on-site.

Allows development in these

zones to achieve a density

bonus in order to produce

MPDUs on site.

59-C-6.233

Minimum

Public UseSpace (percent

of net lot area)

(ZTA 04-12)

Public Use Space in CBD

Zones10 percent for Standard

Method; 20 percent for

Optional method

The required standard method public

use space may be reduced to 5percent

to accommodate the construction of

MPDUs on site, including any bonus

density units.

The standard method public use space

may be reduced to 5%. The optionalmethod public use space may be

reduced or eliminated to accommodate

the construction of MPDUs, including

any bonus density units provided on site,

if an equivalent amount of public use

space is provided off-site in the same

CBD within a reasonable time.

Reduction/flexibility of public

use space in order to produce

MPDUs on site.

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59-C-8.25

(ZTA 04-12)

Public Facilities and Amenities

in Transit Station ZonesNot addressed.

The provision of MPDUs does not

authorize a reduction in any public

facility and amenity or active or passive

recreation space recommended in a

master plan or sector plan.

The master plan or sector plan

recommendations for public

facility and amenities or active

or passive recreation space are

reinforced by this amendment.

59-D-1.61 and

59-D-2.42

Ord. 15-36

(ZTA 14-13)

Findings required for approval

of Development Plan and

Project Plan

Development Plan and Project

Plan must conform to the

applicable master plan, sector

plan, or urban renewal plan.

However, to accommodate the

construction of MPDUs, including any

bonus density units, on-site, a

development plan may exceed, in

proportion to the MPDUs, provided

under Chapter 25A, including any bonus

density units, any residential density or

building height limit established in a

master plan or sector plan if a majority of

the Director of the Department of

Housing and Community Affairs, theExecutive Director of the Housing

Opportunity Commission, and the Chair

of the Planning Board, find that

construction of all required MPDUs on

site, including any bonus density units,

would not be feasible. If a finding of

financial infeasibility is made, the

Planning Board must determine which if

any of the following measures authorized

under Chapter 59 or Chapter 50 should

be approved to accomplish the

construction of the required MPDUs on

site: (1) exceeding a master plan or

sector plan height limit, (2) exceeding a

master plan or sector plan residential

density limit, or (3) locating any required

public use space off-site.

Allows master and sector plan

density and height limits to be

exceeded in order to provide

MPDUs on site.

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59-C-1.62

Ord. 15-37

(ZTA 04-14)

Percentage townhouses in one-

family R-200, R-150, R-90, R-

60, and R-40 residential zones

Limited to certain percentages,

however, Planning Board may

approve up to 100% attached

units or townhouses upon a

finding that the proposed

development is more desirable

from an environmentalperspective.

Limited to certain percentages, however,

the Planning Board may approve a

development in which up to 100 percent

of the total number of units are one-

family attached dwelling units, one-family

semidetached dwelling units, or

townhouses upon finding that a (1)

proposed development is more desirable

from an environmental perspectiveor

(2) limits on development at that site

would not allow the applicant to achieve

MPDUson site

Expands provision to include

achieving MPDUs on site as a

basis for approving higher

percentage of attached units.

59-C-1.32 and

59-C-9.4

Ord. 15-38

(ZTA 03-09)

MPDUs in large lot

developments served by public

sewer.

MPDUs are not required in RE-

1, RE-2C, RNC zones,

regardless of the presence of

public sewer.

MPDUs will be required for development

in the RE-1, RE-2C, and RNC zones thatis served by public sewer and where

designated for sewer service in the

applicable master plan. The unit types

would generally be one-family detached

and duplexes. Townhouses may be

permitted in the developments in the

large lot zones with MPDUs, if

compatible with existing and proposed

adjacent development.

Effective date: April 1, 2005

Two changes will go into effect

on April 1, 2005:

- MPDUs will be required and

optional development standardswill be available for

development in RE-1, RE-2C,

and RNC Zones served by

public sewer and designated for

sewer service in the Master

Plan

-Townhouses will be allowed, if

compatible with existing andproposed adjacent

development.

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Subdivision

Regulations

Sec. 50-26(h)

Ord. 15-39

(SRA 04-01)

Exceptions-Tertiary Road

Right-of-way

The standard right-of-waywidth of a tertiary street is fifty

(50) feet. However, an

applicant may voluntarily

submit to site plan review and

at that stage the Planning

Board may approve a lesser

width if it can be demonstrated

that this lesser width isenvironmentally better and

either improves compatibility

with adjoining properties or

allows better use of the parcel

under consideration

the Planning Board may approve a

lesser width if it can be demonstrated

that: (1) this lesser width is

environmentally better, or (2) the limits

on development at that site would not

allow the applicant to achieve MPDUs

under Chapter 25A on-site, and this

lesser width either (3) improves

compatibility with adjoining properties

or (4) allows better use of the parcel

under consideration

Expands provision to include

achieving MPDUs on site as a

basis for approving narrower

right-of-way.

Sec. 50-35(l) Relation to Master Plan

A preliminary plan must

substantially conform to the

applicable master plan, sector

plan, or urban renewal plan.

However, a preliminary plan may allow

a development to exceed, up to the

maximum density or height allowed in

the applicable zone, any density or

building height limit include din a

master plan, sector plan, or urban

renewal plan to the extent necessary to

achieve MPDUs under Chapter 25A

on-site.

Allows master and sector plan

density and height limits to be

exceeded in order to provide

MPDUs on site.

consider approving only those agreements that have garnered

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