Agenda Items #5&6
April 6, 2010
Action
MEMORANDUM
Apri12,2010
TO:
FROM:
SUBJECT:
County Council
ty
Jeffrey
L.
Zyont!'iegislative Attorney
Action
- Bi114-1O; Workforce Housing Voluntary, and
Zoning Text Amendment 10-01, Workforce Housing - Voluntary
PHED Committee Recommendation:
On March 17, 2010 the Committee (3-0) recommended
approval of Bill 4-10 with the following revisions:
1) Delete the requirement for a minimum of 10 percent of dwelling units to be workforce housing
(lines 18-21); and
2) Delete the provisions to calculate the amount of workforce housing required (lines 30-46).
These changes would allow a developer to provide any amount of Workforce Housing at the developer's
option. Without a minimum requirement, the provision that describes how to calculate the minimum
previously required is unnecessary.
The Committee (3-0) also recommended approval of ZTA 10-01 with the following revisions:
1) Replace the phrase "on-site" with more specific language (lines 11-12);
2) Delete the phrase "not less than" on line 17;
3) Delete the requirement for a minimum of 10 percent of dwelling units to be workforce housing,
consistent with the changes in Bill 4-10 (lines 18-21); and
4) Add a provision to ease the burdens of amending recently approved plans with a workforce
housing requirement (lines 38-41).
These changes would make ZTA 10-01 consistent with the Committee's recommendations on Bill 4-10
and would otherwise make the ZTA more concise and precise.
Background
Zoning Text Amendment (ZTA) 10-01 and Bill 4-10 were sponsored by the Planning, Housing, and
Economic Development Committee. ZTA 10-01 was introduced on January 26, 2010. Bill 4-10 was
introduced on February 2,2010.
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The Committee believes that the Workforce Housing program should be changed to a voluntary
program. ZTA 10-01 would accomplish that objective within the Zoning Ordinance. Bill 4-10, to
amend Chapter 25B, would also be required.
A public hearing was held on ZTA 10-01 and Bill 4-10 on March 2,2010.
The Planning Staff report to the Planning Board included the following background:
Since the inception of the workforce housing program in December 2006, only three
project plans and one site plan have been approved with workforce housing units. Two of
the project plans were public/private partnerships with the County (Lot 31 in the
Bethesda Central Business District Metro Station Policy area and the Studio Plaza project
in the Silver Spring Central Business District Metro Station Policy area.) The only private
project that has received approval is the Woodmont Central project in the Bethesda
Central Business District Metro Station Policy area. To date, none of these projects have
been constructed. According to the development community, providing workforce
housing is cost prohibitive ...
A key Housing Policy. goal in the County encourages that steps be taken each year to
increase the supply of affordable housing in those areas where the proportion of
affordable housing in the entire housing stock is below the County-wide average
proportion of affordable housing. In order to achieve this goal, the Council, the
Executive, the Planning Board, and other appropriate agencies must give the policy of
locating a fair share of affordable housing units in each area of the County high priority
in all planning, zoning, and land use decisions. As stated previously, the position of the
County Council is that residents of all incomes should have the opportunity to live near
metro stations.
An
argument can be made that the workforce housing requirement has
actually reduced the construction of new moderately-priced dwelling units in metro
station areas as well because new projects are deemed to be financially infeasible
altogether.
Planning Staff recommended the following:
Changing the workforce housing requirement from a mandatory to voluntary program
could make sense as a temporary measure while the County takes a fresh look at the
overall affordable housing initiative.
Establishing a working group to address overall
affordable housing goals, including potential new provisions to encourage private
developer construction of workforce housing and moderately-priced dwelling units,
would be a good first step in this process..
The Planning Board did not a have a majority to support staffs recommendation. In voting against a
motion to support voluntary workforce housing, the Chairman expressed concern about how a voluntary
program would work with the CR zones. Another Planning Board member was concerned about
lowering the County's commitment to affordable housing. Two other members would support making
1
workforce housing voluntary.
In a February 7, 2010 memorandum to the Committee from Chairman Hanson, the Planning Board expressed the opinion
that workforce housing should be a requirement in the LSC zone. That provision is in ZT A 09-07, concerning the LSC zone.
1
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Housing policy
The County still has more jobs than resident workers. As such, it is a net labor importer. Additions to
the housing stock help that situation. More housing makes housing less scarce and can also have a
moderating effect on housing prices. To the extent that mandated workforce housing has been an
impediment to new multi-family approvals, it does not help the County's housing policy, and should be
made voluntary.2
Defining the site on which workforce housing must be constructed
ZTA 10-01 would not allow off-site workforce housing. The Ordinance would be amended as follows:
All workforce housing units must be constructed on the
site
that uses the FAR and
building height flexibility under this Section.
The "site" was intended to include the area regulated by a single project plan or preliminary plan
application. Either of those approvals could result in multiple site plans, record plats, and lots.
The
Committee recommended amending ZTA 10-01 to avoid any confusion:
All workforce housing units must be constructed [on the site] in the area regulated
Qy
§:
single project plan, preliminary plan application, or
§:
lot that uses the FAR and building
height flexibility under this Section.
Minimum percentage of units in a project
ZTA 10-01 would retain the minimum percentage of workforce housing units in a project. DHCA
requested the retention of this provision to make sure that the number of units at one location was worth
their administrative efforts.
The Committee recommended removing the requirement for a minimum
amount ofworkforce housing.
Grandfathering provisions
The Council's approval of workforce housing only applied to projects approved before December 1,
2014. Bi114-10 would remove that limitation. As a voluntary program, there is no need to sunset the
program after that date.
The Committee recommended adding a provision to ease the burdens of
amending recently approved plans with a workforce housing requirement.
This Packet Contains
ZTA 10-01
Bi114-l0
©number
1-17
18 -25
F:\Land Use\zTAS\.JZYONTZ\zTA 10-01 Workforce Housing Voluntary\Action memo ZTA and bill.doc
Multi-family preliminary plan approvals peaked at just above 5,000 units in 2007, before workforce housing was required.
In 2008, multi-family preliminary plan approvals dropped to 2,700 units.
2
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Zoning Text Amendment No: 10-01
Concerning: Workforce Housing-
Voluntary
Draft No.
&
Date: 2 -
3/23/10
Introduced: January 26, 2010
Public Hearing: March 2, 2010
Adopted:
Effective:
Ordinance No:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND
By: Planning, Housing, and Economic Development Committee
AN AMENDMENT
to the Montgomery County Zoning Ordinance for the purpose of:
defining the term "workforce housing unit";
allowing any residential development at or above a certain density, located
in
a
metro station policy area, to include a certain percentage of workforce housing
units; and
generally providing standards for the development of workforce housing units.
By amending the following sections of the Montgomery County Zoning Ordinance,
Chapter 59 of the Montgomery County Code:
DIVISION 59-A-6
"USES PERMITTED IN MORE THAN ONE CLASS OF ZONE"
"Workforce Housing"
Section 59-A-6.18
"RESIDENTIAL ZONES, MULTIPLE-FAMILY"
DIVISION 59-C-2
"Development standards"
Section 59-C-2.4
Section 59-C-2.418. "Maximum Density of Development (Dwelling Units per Acre of
Net Lot Area)"
Section 59-C-2.442 "General provisions"
"COMMERCIAL ZONES"
DIVISION 59-C-4
Section 59-C-4.357 "C-2 zone-purpose and development standards"
DIVISION 59-C-6
"CENTRAL BUSINESS DISTRICT ZONES"
Section 59-C-6.215 "Method of development and approval procedures"
"Development standards"
Section 59-C-6.23
DIVISION 59-C-7
"PLANNED UNIT DEVELOPMENT ZONES"
"Density of residential development"
Section 59-C-7.14
DIVISION 59-C-8
"TRANSIT STATION DEVELOPMENT AREA ZONES"
Section 59-C-8.4
"Development standards"
DIVISION 59-C-13 "TRANSIT ORIENTED, MIXED-USE ZONES (TOMX)"
Section 5 9-C-13 .215 "Methods of development and approval procedures"
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DIVISION 59-C-14 "TRANSIT MIXED-USE (TMX) ZONE"
Section 59-C-14.213 "General Requirements"
Section 59-C-14.27 "Special regulations for use of a Building Lot Termination (BL T)
Development Right"
DIVISION 59-D-1
Section 59-D-1.6
"DEVELOPMENT PLAN"
"Approval by district council"
EXPLANATION: Boldface
indicates a Heading or a defined term.
Underlining indicates text that is added to existing law by the original text
amendment.
[Single boldface brackets] indicate that text is deletedfrom existing law by
original text amendment.
Double underlining indicates text that is added to the text amendment by
amendment.
IIDouble boldface brackets]] indicate text that is deletedfrom the text
amendment by amendment.
* * *
indicates existing law unaffected by the text amendment.
OPINION
Zoning Text Amendment No. 10-01 was introduced on January 26, 2010 at the request of the
Planning, Housing, and Economic Development Committee.
Planning Staff recommended the following:
Changing the workforce housing requirement from a mandatory to voluntary
program could make sense as a temporary measure while the County takes a fresh
look at the overall affordable housing initiative.
Establishing a working group to
address overall affordable housing goals, including potential new provisions to
encourage private developer construction of worliforce housing and moderately­
priced dwelling units, would be a good first step in this process.
The Planning Board did not a have a majority to support staff s recommendation. In voting
against a motion to support voluntary workforce housing, the Chairman expressed concern about
how a voluntary program would work with the CR zones. Another Planning Board member was
concerned about lowering the County's commitment to affordable housing. Two other members
would support making workforce housing voluntary.
The County Council held a public hearing on March 2, 2010 to receive testimony concerning the
proposed text amendment. Testimony favored approval. The text amendment was referred to
the Planning, Housing, and Economic Development Committee for review and recommendation.
On March 17, 2010 the Planning, Housing, and Economic Development Committee held a
worksession to review the amendment. The Committee recommended approval of ZTA 10-01
with the following revisions:
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1) Replace the phrase "on-site" with more specific language (lines 11-12);
2) Delete the phrase "not less than" on line 17;
3) Delete the requirement for a minimum of 10 percent of dwelling units to be workforce
housing, consistent with the changes in Bi114-1O (lines 18-21); and
4) Add a provision to ease the burdens of amending recently approved plans with a
workforce housing requirement (lines 38-41).
These changes would make ZTA 10-01 consistent with the Committee's recommendations on
Bill 4-10 and would otherwise make the ZTA more concise and precise.
The District Council reviewed Zoning Text Amendment No. 10-01 at a worksession held on
April 6, 201 0 and agreed with the recommendations of the Planning, Housing, and Economic
Development Committee.
For these reasons, and because to approve this amendment will assist in the coordinated,
comprehensive, adjusted and systematic development of the Maryland-Washington Regional
District located in Montgomery County, Zoning Text Amendment No. 10-01 will be approved as
amended.
ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council for that
portion ofthe Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
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Zoning Text Amendment No. 10-01
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Sec. 1. DIVISION 59-A-6 is amended as follows:
DIVISION 59-A-6. USES PERMITTED IN MORE THAN ONE CLASS OF
ZONE.
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59-A-6.18. Workforce housing.
59-A-6.18.1. Generally.
The workforce housing program complements the Moderately Priced Dwelling
Unit [(MPDUs)] MPDU Program, the Productivity Housing Program, and other
County programs designed to promote affordable housing. Under Chapter 25B, a
developer [must] may build the number of workforce housing units [required]
allowed in any zone under this Chapter. All workforce housing units must be
constructed [[on the site]] in the area regulated by a single prgject plan,
that uses the FAR and building height flexibility under this
Section.
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59-A-6.18.2. [Requirements] Allowances.
(a)
Any subdivision that would contain 35 or more market dwelling units, and
that would be located in a zone with a maximum permitted residential
density at or above 40 dwelling units per acre and in a Metro Station Policy
Area, [must] may include [an amount]
f!:
number of workforce housing units
[[that is not less than at least 10 percent of the total number of proposed
market dwelling units, not including any MPDUs or reSUlting bonus density
units, or dwelling units excluded]] under Chapter 25B.
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(b)
A site plan is required under Division 59-D-3 for any project that includes a
workforce housing unit.
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(c)
To allow the construction of [all] workforce housing units on site, the
Planning Board must permit:
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Zoning Text Amendment No. 10-01
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(1)
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 of
the total FAR or number of dwelling units;
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(2)
any residential density or residential FAR limit established 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
(3)
any building height limit established 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.
59-A-6.18.3. Amendments.
An
application to amend a project plan or preliminary plan approved before
{effective date} may be made concurrently with an application for a site plan or a
site plan amendment. for the purpose of removing the previously required
workforce housing units.
*
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Sec. 2. DIVISION 59-C-2 is amended as follows:
DIVISION 59-C-2. RESIDENTIAL ZONES, MULTIPLE-FAMILY.
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Development standards.
59-C-2.4.
59-C-2.41. Standard method of development.
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R-30
R-20
21.7
R-I0
43.5
3
R-H
3
59-C-2.418. Maximum Density of Development (Dwelling Units
per Acre of Net Lot Area):
14.5
-
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Zoning Text Amendment No. 10-01
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3
Workforce housing units [must] may be provided [as required by] under
Section 59-A-6.18 and Chapter 25B.
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Special regulations for optional method development using
transferable development rights.
59-C-2.44
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(d)
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59-C-2.442. General provisions.
*
A property developed with development rights must include Moderately
Priced Dwelling Units (MPDUs) [as required by] under Chapter 25A and
may include workforce housing units [as required by] under Section 59-A­
6.18 and Chapter 25B. The number ofMPDUs and any resulting bonus
density must be calculated after the base density of a property has been
increased by a transfer of development rights. [[The calculation of the
number of workforce housing units must be based on the total number of
market dwelling units in the
development~
including any transfer of
development rights[,] but not counting any MPDUs or resulting bonus
density units.]] The MPDU density bonus does not require the acquisition of
additional development rights.
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COMMERCIAL ZONES.
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Sec. 3. Division 59-C-4 is amended as follows:
DIVISION 59-C-4.
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Sec. 59-C-4.357.
C-2 zone-purpose and development standards.
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Zoning Text Amendment No. 10-01
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Residential development in the C-2 zone under Section 59-C-4.351(b) must
include Moderately Priced Dwelling Units (MPDUs) as required by Chapter 25A
and may include workforce housing units [as required by] under Section 59-A-6.18
and Chapter 25B.
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CENTRAL BUSINESS DISTRICT ZONES.
Sec. 4. DIVISION 59-C-6 is amended as follows:
DIVISION 59-C-6.
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Provisions of CBD zones.
59-C-6.2.
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59-C-6.215. Methods of development and approval procedures.
Two methods
of development are possible in each of these zones.
(a)
Standard method of development.
The standard method requires
compliance with a specific set of development standards and permits a range
of uses and a density compatible with these standards. Ifresidential uses are
included in a development, Moderately Priced Dwelling Units (MPDUs)
must be provided as required by Chapter
25A~
and workforce housing units
[must] may be provided [as required by] under Section 59-A-6.18 and
Chapter 25B. The maximum dwelling unit density or residential FAR may
be increased in proportion to any MPDU density bonus provided on-site and
under Section 59-A-6.18.2.
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(b)
Optional method.
Under the optional method, greater densities may be
permitted and there are fewer specific standards, but the developer must
provide certain public facilities and amenities. The presence of these
facilities and amenities is intended to make possible the creation of an
environment capable of supporting the greater densities and intensities of
development permitted. The Planning Board may, under Division 59-D-2:
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Zoning Text Amendment No. 10-01
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(1) authorize a payment instead of all or some of the required public
facilities and amenities, or any required public use space; or (2) permit any
required public use space to be provided off-site on private or public
property in the same CBD. If residential uses are included in a development,
Moderately Priced Dwelling Units must be provided under Chapter 25A and
[Workforce Housing Units must] workforce housing units may be provided
under Section 59-A-6.18 and Chapter 25B. The maximum dwelling unit
density or residential FAR may be increased in proportion to any MPDU
density bonus provided on-site and under Section 59-A-6.18.2. The
procedure for approval of an optional method project is specified in Division
59-D-2, and the procedure for approval of a site plan is specified in Division
59-D-3.
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59-C-6.23. Development standards.
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Zoning Text Amendment No. 10-01
CBD-O.S
CBD-R12
CBD-l
CBD-2
CBD-3
CBD-R2
S
0
S
0
•* * *
LO
10
s
0
s
0
s
0
59-C-6.233.
Minimum Public Use
Space (percent of net
lot area):
10
20
10
20
16
20
20,22
10
20
22
10
20
22
10
20
(a) Standard
The
Method
public use space
requirement may
be reduced to
accommodate the
construction of
MPDUs, including
any resulting bonus
density units, and
workforce housing
units, provided on-
site to:
59-C-6.235.
Maximum
Building Heights
(in feet).
(b)
Optional
of
method
development.
-Normally:
-If approved by
the Planning Board
in the process of
plan
or
site
combined
urban
project
renewal
plan approval as
adversely
not
affecting
surrounding
properties, height
may be increased
to:
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5
.5
5
5
5
5
* * *
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60
60
60
143
143
143
11
143
60
12
90
1
200
200
I
200
.
the optIOnal method of development, the Planmng Board
.
.
For projects usmg
120
may approve height over 90 feet, but not more than 143 feet, if the
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Zoning Text Amendment No. 10-01
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additional height is necessary for the project to [comply with the]
accommodate workforce housing [requirements of] under Section 59-A­
6.18; however, the additional height must not be more than required for the
number of workforce housing units that are constructed. For projects using
the optional method of development involving more than one lot under
Section 59-C-6.2351, the Planning Board may approve height over 90 feet,
but not more than 143 feet, if the additional height is specifically
recommended for the property in the applicable sector plan or urban renewal
plan. In order to approve additional height for property where the additional
height is specifically recommended for the property in a sector plan or urban
renewal plan, the Planning Board must fmd that: [(1) The]
ill
the additional
height is consistent with the criteria and guidelines for the property as
contained in the applicable sector plan or urban renewal plan; [(2) Except]
(ii) except as recommended in an urban renewal plan.,. the portion of the
property upon which the additional height is to be used is on all sides
abutted by or adjacent to property recommended in the applicable sector
plan or urban renewal plan for classification in the CBD-0.5, CBD-l, CBD­
2, or CBD-3 zones; [(3) The] (iii) the proposed development is compatible
with the surrounding development, considering but not limited to the
relationship of the building or buildings to the surrounding uses, the need to
preserve light and air for the residents of the development and residents of
surrounding properties, and any other factors relevant to the height of the
building; and [(4) The] (iv) the proposed development will produce a
substantial amount of consolidated public open space in excess of that which
would be required if this process were not used. The public open space must
be designated as public amenity space and be accessible to and usable by the
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Zoning Text Amendment No. 10-01
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public in accordance with the applicable sector or master plan, or urban
renewal plan.
*
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Under the optional method of development process, the Planning Board may
approve height over 143 feet, but not more than 200 feet, it (i) the
additional height is necessary for the project to [comply with the]
accommodate workforce housing [requirements of] under Section 59-A­
6.18 [;]
[LJ]~
however, the additional height must not be more than required
for the number of workforce housing units that are
constructedL]~
or (ii) the
additional height is specifically recommended for the property in the
applicable sector plan or urban renewal plan.l. or the property is within a
revitalization area designated in the applicable sector plan and is located
fully or partially within 800 feet of an entrance to a metro station. In order
to approve additional height for property recommended in a sector plan or
urban renewal plan or within a designated revitalization area, the Planning
Board must find that:
[(1)
The]
ill
the additional height is consistent with
the criteria and guidelines for the property as contained in the applicable
sector plan or an urban renewal plan approved by the County Council under
Chapter 56, or in the case of a site outside an urban renewal area,
accomplishing the objectives of incorporating residential development with
commercial development in a mixed use project in close proximity to a
metro station otherwise unobtainable due to site conditions, proximity of
adjacent non-residential buildings, or other physical constraints [which] that
prevent the achievement of sector plan objectives; [(2) The] (ii) the proposed
development is compatible with the surrounding development, considering
but not limited to the relationship of the building or buildings to the
surrounding uses, the need to preserve light and air for the residents of the
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Zoning Text Amendment No. 10-01
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development and residents of surrounding properties, and any other factors
relevant to the height of the building; and [(3) The] (iii) the proposed
development will provide additional public facilities and amenities beyond
what could otherwise have been provided if the excess height were not
approved. Such facilities must be accessible to and usable by the public in
accordance with the applicable sector or master plan or urban renewal plan.
The Planning Board may approve height over 60 feet, but not more than 90
feetjf:
(i)
[if] the additional height is consistent with an applicable sector
plan or an approved urban renewal plan; or (ii) the additional height is
needed to [comply with the] accommodate workforce housing [requirement
of] under Section 59-A-6.18; however, the additional height must not be
more than required for the number of workforce housing units that are
constructed.
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*
Sec. 5. DIVISION 59-C-7 is amended as follows:
DIVISION 59-C-7. PLANNED UNIT DEVELOPMENT ZONES.
*
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(c)
*
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P-D zone--Planned development zone.
59-C-7.1.
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59-C-7.14. Density of residential development.
*
The density of development is based on the area shown for residential use on
the master plan and must not exceed the density permitted by the density
category granted. However, the maximum density allowed under subsection
(a) may be increased to accommodate the construction of Moderately Priced
Dwelling [units] Units and workforce housing units as follows:
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Zoning Text Amendment No. 10-01
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(1)
F or projects with a residential density of less than 28 dwelling units
per acre, the number of Moderately Priced Dwelling Units must not be
less than either the number of [density] bonus density units or 12.5
percent of the total number of dwelling units, whichever is greater.
(2)
For projects with a residential density of more than 28 dwelling units
per acre, the number of Moderately Priced Dwelling Units must be at
least 12.5 percent of the total number of dwelling units [in accordance
with] under Chapter 25A.
(3)
Any project with a residential density at or above 40 dwelling units
per acre [must] may provide workforce housing units [as required by]
under Section 59-A-6.18 and Chapter 25B.
*
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*
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Sec. 6. DIVISION 59-C-S is amended as follows:
DIVISION 59-C-S. TRANSIT STATION DEVELOPMENT AREA ZONES.
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Development standards.
TS-R
TS-M
59-C-S.4.
59-C-S.42. Density of Development.
The density of development must not exceed any of the following:
(c) The density of development must not exceed the FAR or the dwelling units per
acre allowed by the zone, except that the maximum density permitted may be
increased to accommodate the construction of moderately priced dwelling units as
required by Chapter 25A and the construction of workforce housing units [as
required by] under Section 59-A-6.18 and Chapter 25B. The maximum number of
dwelling units or residential FAR may be increased as needed for any MPDU
density bonus and any workforce housing units provided on-site. The provision of
MPDUs or workforce housing units 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.
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* * *
*
*
*
Sec. 7. Division 59-C-10 is amended as follows:
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Zoning Text Amendment No. 10-01
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DIVISION 59-C-IO. RMX ZONES -RESIDENTIAL MIXED:USE
DEVELOPMENT
*
(a)
*
*
59-C-IO.3.7.
Maximum Residential Density.
The maximum residential density in an RMX zone must not exceed 30
dwelling units per acre for residential areas shown on the project plan. The
density approved by the Planning Board must not exceed the density shown
on the approved and adopted master plan:!, which must be no greater than the
density permitted by the RMX zone. Where residential development is
proposed to be located within a proposed commercial area, the maximum
residential density for such areas must not exceed 40 dwelling units per acre.
Any residential development must include Moderately Priced Dwelling units
(MPDUs) as required by Chapter
25A
and may include workforce housing
units [as required by] under Section
59-A-6.18
and Chapter 25B.
*
(c)
*
*
The density of residential development must comply with the density
recommended on the approved and adopted master plan; however, the
number of residential dwellings must be increased to accommodate the
construction of Moderately Priced Dwelling [units] Units (MPDUs) as
required by Chapter
25A
and the construction of workforce housing units [as
required by] under Section
59-A-6.18
and Chapter 25B.
*
*
*
Sec. 8. Division 59-C-13 is amended as follows:
DIVISION 59-C-13. TRANSIT ORIENTED, MIXED-USE ZONES (TOMX).
*
*
*
59-C-13.2. Provisions of the Transit Oriented, Mixed:Use Zones.
59-C-13.21. Description, purpose, intent and general requirements.
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Zoning Text Amendment No. 10-01
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*
*
(b)
*
*
*
*
59-C-13.215. Methods of development and approval procedures.
Optional Method of Development:
The Optional Method of Development
promotes additional densities[,] and supports innovative design and building
technologies to create a pedestrian-oriented and mixed-use development
pattern. Approval of the Optional Method of Development is dependent on
providing required public amenities and facilities. The public facilities and
amenities are intended to support the additional densities permitted under the
Optional Method of Development. The procedure for the approval of the
Optional Method of Development is set forth in Section 59-D-2. Site plans
must be approved in accordance with Section 59-D-3. Ifresidential uses are
included in a development, Moderately Priced Dwelling Units must be
provided as required by Chapter 25A.1 and workforce housing units [must]
may be provided [as required by] under Section 59-A-6.l8 and Chapter 25B.
The maximum dwelling unit density or residential FAR may be increased in
proportion to any NIPDU density bonus provided on-site.
*
*
*
Sec. 9. Division 59-C-14 is amended as follows:
DIVISION 59-C-14[,]:. TRANSIT MIXED-USE (TMX) ZONE
*
*
(b)
*
*
*
59-C-14.213. General requirements.
*
MPDUs and workforce housing.
If residential uses are included in a
development, Moderately Priced Dwelling Units must be provided under
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Zoning Text Amendment No. 10-01
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Chapter 25A, and workforce housing units [must] may be provided under
Section 59-A-6.18 and Chapter 25B. The maximum residential FAR may be
increased in proportion to any MPDU [density] bonus density [and
workforce] . Workforce housing units [provided on-site] may increase the
maximum residential FAR under Section 59-A-6.18.2. Site plan review
under [section1 Section 59-D-3 is required.
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*
*
*
59-C-14.27. Special regulations for use of a Building Lot Termination
(BL T) Development Right.
[Except for residential development subject to the requirement of workforce
housing under Section 59-A-6.18, the] The approval of an application for any gross
floor area in an optional method of development project must be subject to the
following requirements:
*
*
*
Sec. 10.
Division 59-D-1 is amended as follows:
Sec. 59-D-1.6. Approval by [district council] District Council.
59-D-1.61. Findings.
Before approving an application for classification in any of these zones, the
District Council must consider whether the application, including the development
plan, fulfills the purposes and requirements in Article 59-C for the zone. In so
doing, the District Council must make the following specific findings, in addition
to any other findings which may be necessary and appropriate to evaluate the
proposed reclassification:
(a)
The proposed development plan substantially complies with the use and
density indicated by the master plan or sector plan, and does not conflict
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with the general plan, the county capital improvements program, or other
applicable county plans and policies. However:
*
*
(2)
*
To permit the construction of
[all]
workforce housing units [required]
under § 59-A-6.18 and Chapter 25B on site, the District Council may
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.
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*
*
*
Sec.
11.
Effective date.
This ordinance becomes effective 20 days after the
date of Council adoption.
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
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Bill No.
;;;:...4-..:..:10::..-_ _
Concerning: Workforce Housing-Voluntary
Revised:
3-25-10
Draft No.:
Introduced: February
2,2010
'Expires: August
2, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _.:..:N=on""'e'----:-:-:-----::-_ _
Ch.:
, Laws of Mont. Co. _
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Planning, Housing, and Economic Development Committee
AN
ACT to:
(1) modify the requirement for workforce housing to make the provision of
workforce housing voluntary; and
(2) generally amend the law governing the workforce housing program.
By amending
Montgomery County Code
Chapter 25A, Housing, Moderately Priced
Section 25A-5
Chapter 25B, Housing Policy
Sections 25B-23 through 25B-28
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill,
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 4-10
1
Sec.
1.
Section 2SA-S is amended as follows:
2SA-S.
Requirement to build [MPDU's] MPDUs; agreements.
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*
(c)
bonus is allowed; and
(1)
(2)
(3)
*
*
When the development at one location is in a zone where a density
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is covered by a plan of subdivision,
is covered by a plan of development or a site plan, or
requires a building permit to be issued for construction,
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the required number of moderately priced dwelling units is a variable
percentage that is not less than 12.5 percent of the total number of
dwelling units at that location, not counting any workforce housing
units [required] built under Chapter 25B.
*
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13
*
*
Sec. 2. Sections 2SB-23 through 2SB-28 are amended as follows:
2SB-23.
Definitions.
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In this Article, the following words have the following meanings:
*
*
*
U)
Workforce housing project
means a housing or mixed:use project where
[at least 10 percent of the] dwelling units[, as computed under Section
25B-24(e),] are sold or rented to households with incomes at or below
120% of the area-wide median income under an agreement between the
developer and the Director.
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*
2SB-24.
Workforce housing program.
*
*
*
*
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25
*
(d)
[Requirement] Option.
A developer of any subdivision with 35 or more
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27
market-rate dwelling units at one location, as defined in Section 25A­
3(b), [must build the number of] may build workforce housing units [, if
-2­
W
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BILL No. 4-10
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any,] that are expressly [required1 allowed in the applicable zone under
Chapter 59.
[[(e)
Exclusions.
In
calculating the number of dwelling units in any
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subdivision to determine the number of workforce housing units
[required] built under this Article, the Department must not count:
(1)
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any moderately priced dwelling units (MPDUs) and any resulting
bonus density market-rate units;
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(2)
any Personal Living Quarters unit built under Section
59-A-6.15,
which meets the price or rent eligibility standards for a
moderately priced dwelling unit under Chapter
25A;
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(3)
any dwelling unit in an Opportunity Housing Project built under
Sections 56-28 through 56-32, which meets the price or rent
eligibility standards for a moderately priced dwelling unit under
Chapter
25A;
and
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(4)
any other dwelling unit built under a government regulation or
binding agreement that limits for at least
15
years the price or rent
charged for the unit in order to make the unit affordable to
households earning less than 60% of the area median income,
adjusted for family size.]]
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[(t)
Exemption.
If the total number of units in a subdivision that are not
counted under subsection (e)(4) is sufficient to qualify the entire
subdivision to receive federal low-income housing tax credits, then no
workforce housing units are required in that subdivision.]
[(g)]
[[ill]]
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W
Regulations.
The
County Executive
must adopt
These
regulations under method
(1)
to administer this program.
regulations:
(1)
must set maximum sale prices and annual rent limits, sale price
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(zj)
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and rent ranges (which must promote a variety of different prices
or rents at each workforce housing location), minimum unit type
and bedroom requirements, and income eligibility standards;
(2)
must govern notice to the Department of sales and rentals,
foreclosures, and other relevant procedural matters; and
(3)
should, wherever possible, be similar to or at least consistent with
the regulations that govern the MPDU program.
The regulations governing eligibility must include some preference for
applicants who either reside in the County or work or have received a
job offer in the County.
*
25B-25.
*
*
Execution of agreement; building permit issuance.
(a)
Agreement.
(1)
After the developer of a housing project has obtained approval
from the Planning Board of a site plan that includes the number
of workforce housing units [required] approved under any
applicable provision of Chapter 59 and all other necessary
regulatory approvals, the Director and the developer must execute
an agreement assuring compliance with this Article by the
developer and any successor in interest. The Director must attach
a copy ofthe approved site plan to this agreement.
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(2)
The agreement must incorporate a staging plan for the
construction of workforce housing units, the mix of dwelling unit
sizes and types, and the maximum selling price or annual rent for
each unit. The staging plan must require all workforce housing
units to be built before or at the same time as the other dwelling
units. Where appropriate, the agreement must reflect conditions
- 4 -
£:":I
ICY
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required as part of other regulatory approvals.
(3)
The agreement must require that the number of efficiency and
one-bedroom workforce housing units each must not exceed the
ratio that market-rate efficiency and one-bedroom units
respectively bear to the total number of market-rate units in the
subdivision. The Director must not approve an agreement that
reduces the number of bedrooms required by this subsection in
any workforce housing unit.
(b)
Issuance of building permit.
The Director of Permitting Services must
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not issue a building permit for any development where workforce
housing units are [required] approved under Chapter 59 until the
agreement required by subsection (a) is executed. After an agreement is
executed under subsection (a), the Director must certifY to the Director
of Permitting Services before a building permit is issued that all
applicable requirements of this Article have been met. If all workforce
housing units are not built before or at the same time as other dwelling
units as required in the staging plan, the Director of Permitting Services
may:
(l)
withhold any later building permit for any part of the same
development until all workforce housing units designated in the
staging plan are built;
(2)
issue a stop work order, effective until all workforce housing
units designated in the staging plan are built; or
(3)
withhold any use and occupancy permit for other units in the
development until all workforce housing units designated in the
staging plan are built.
[25B-26.
Alternative location agreement.]
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[(a)
The Director may approve a workforce housing agreement, in addition
to the agreement required by Section 25B-25, that allows an applicant,
instead of building some or all of the required number of workforce
housing units on-site, to provide at least the same number of units at
another location in the same planning policy area (as defined in the
County Growth Policy), only if the Director fmds that:
(I)
either:
(A)
the public benefit of locating at the proposed alternative
location is equivalent to the value of locating workforce
housing units in each applicable development; or
(B)
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building a sufficient number of workforce housing units at
the original site would require the applicant to change the
type of building construction used; and
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(2)
building the workforce housing units at the proposed alternative
location will further the objective of providing a broad range of
housing opportunities throughout the County.
(b)
To satisfY the requirements of this Section, an applicant may:
(I)
build, or convert from non-residential use, the required number of
new workforce housing units at a site approved by the Director;
or
(2)
return to workforce housing unit use, and rehabilitate as
necessary, existing workforce housing units for which price
controls have expired.
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(c)
Each agreement under this Section must include a schedule, binding on
the applicant, for timely completion or acquisition of the required
number of workforce housing units. Each agreement under this Section
must also require that each workforce housing unit provided at an
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(jj)
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alternative location under this Section must be identical in type of unit
and number of bedrooms to the workforce housing units that the
applicant would have built on site.]
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[25B-27] 25B-26. Control of sale prices; rent limits; income eligibility;
foreclosures.
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*
[25B-28] 25B-27. Compliance.
*
*
*
*
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*
Sec. 3. Expiration.
Subsection (c) of Section 3 of Chapter 23, Laws of Montgomery County, 2006
is hereby repealed:
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Sec. 3. Effective date; Applicability; Expiration.
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*
[(c)
*
*
Article V of Chapter 25B, as inserted by Section 1 of this Act, does not
apply to any development for which an application for a local map
amendment, development plan, project plan, site plan, or preliminary
plan of subdivision is filed after December 1, 2014.]
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Approved:
Nancy Floreen, President, County Council
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Date
Approved:
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Isiah Leggett, County Executive
Date
-7-
@
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This is a correct copy o/Council action.
Linda
M. Lauer, Clerk ofthe Council
Date
-8­