consider approving only those agreements that have garnered
TRANSCRIPT
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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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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
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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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
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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MPDU LAW ZTAs and SRA
New ZTA/SRA Issue Addressed Comparable Current law New Amendment Description of Change
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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MPDU LAW ZTAs and SRA
New ZTA/SRA Issue Addressed Comparable Current law New Amendment Description of Change
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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MPDU LAW ZTAs and SRA
New ZTA/SRA Issue Addressed Comparable Current law New Amendment Description of Change
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.