preserving the quality of life in Olney, Maryland

County Council Hearing on MPDUs -- Thursday, September 23rd

Politicians know we have busy lives and your letters and attendance at the hearings speak volumes. We will be testifying. Please come to listen and support our testimony with your applause. If you would like to testify, call 240-777-7931 to sign up. The hearing is on Thursday, September 23rd at 7:30 pm at the County Council building located at 100 Maryland Avenue in Rockville, Maryland. Send letters addressed to President Steve Silverman to county.council@montgomerycountymd.gov.

MPDU Background

The Moderately Priced Dwelling Unit (MPDU) program began in 1973 as a way to provide moderately priced housing so that county residents can afford to purchase or rent decent housing.  Moderately priced housing is generally affordable to households with incomes of less than 65% of the median income of the Washington Metropolitan Area (households earning up to $38,000 per year for an individual or $56,000 for a family of five would currently qualify).  Other goals of the program include:  to distribute low and moderate-income households throughout the growth areas of the county, to permit the Housing Opportunities Commission (HOC) to purchase up to 40% of MPDUs, and to provide funds for future affordable housing projects by having the County share in the appreciation of MPDUs when they are sold at the market price after resale price controls expire.

While DHCA administers the MPDU program, it is developers who construct the units.  Currently, for a development containing over 35 units, 12.5 to 15 percent of the total number of units must be moderately priced.  Developers receive a density bonus of up to 22 percent to offset some of the production costs of the MPDUs.  The price for which a MPDU can be resold is currently controlled for 10 years and rental units are controlled for 20 years. 

In August 2003, then Council President Subin directed staff to conduct a comprehensive review of the MPDU program.  It was completed in February 2004 and several different Council members have introduced legislation based on the report which are the subject of the Public Hearing on September 23rd.

Subject  of the Hearing

• ZTA 04-11 MPDU’s – Changes in Lot Coverage and Green Space Standards in Multi-Family Zones

• ZTA 04-12 MPDU’s – Changes in Public Space Requirement in CBD & Transit Station Zone

• ZTA 04-13 MPDU’s – Exception to Sector & Master Plan conformity requirement for CBD & RMX Zones

• ZTA 04-14 MPDU’s – Changes in type of dwelling unit of the R200, R150, R90, R60 & R40 single family zones

• SRA 04-01 MPDU’s – Exception to master plan conformity and reduction in tertiary road right of way

• Bill 24-04 – MPDU Amendments by Floreen, Silverman, Subin, Knapp, Leventhal

• Bill 25-04 – MPDU Amendments by Praisner, Perez, Andrews, Leventhal

• Bill 27-03 – MPDU Amendments by Perez, Andrews

• ZTA 03-09 MPDU’s – Require MPDU’s in Large Lot zones (RE1, RE2, RE2C, & RNC)

• Read the actual legislation

Issues Related to Olney

ZTA 04-13 proposes any residential density or building height limit established in a master plan can be exceeded (up to the maximum of that zone).  Many master plans specify a density and height limitation for particular areas.  For example, all of the Town Center in Olney is to be rezoned as a single, mixed zone.  The master plan specifies the core area can be as high as five stories.  This ZTA  can override that height limitation and raise it to the maximum allowed in the zoning ordinance.  This could result in much higher buildings in our Town Center area.  Another issue is that it is unclear what would happen in the zones that do not mention a height limitation.

ZTA 04-14 would allow up to 100 percent of the units in a one family residential zone (such as R200) to consist of one-family attached units (duplexes or townhouses).  The current law for the R200 zone requires a mixture of 60% single family detached units and 40% townhouses.  For the 32 acre property on Bowie Mill Road, 78 townhouses could be built instead of 47 single family and 31 townhouses.  The goal of this ZTA is to be sure all possible units that can be built are built, even when there are building limitations on the site such as wetlands, forests, or streams. 

SRA 04-01 allows a development to exceed any density or building height limit included in a master plan.  It also reduces the width of a tertiary road in order to allow more units to be built.  This creates narrower streets which may be a safety issue when cars are parked along the street.

Bill 24-04 increases the control periods for MPDUs from 10 to 30 years, requires annually revision of eligibility standards for buyers and renters, requires MPDUs in single family developments to have the same number of bedrooms as the market rate units, and restricts the ability of a developer from buying out of their requirement to build MPDUs on site.  This bill will affect new development in Olney.

Bill 25-04 increases the control periods for MPDUs from 10 to 99 years, requires annually revision of eligibility standards for buyers and renters, requires MPDUs in single family developments to have the same number of bedrooms as the market rate units, lowers the minimum size of subdivisions where MPDUs must be built from 35 to 20 units, reduces the percentage of MPDUs required in high rise buildings from 12.5% to 10%, requires separation of maintenance and amenity fees, restricts buyouts and requires MPDUs not built on site to be built within 1/2 mile of market rate subdivision, and establishes a MPDU Preservation Fund (to buy back MPDUs that are no longer in the program since control period ended) and a PRDU Rehabilitation Fund (to upgrade MPDUs in the program).  This bill will affect new development in Olney.

Bill 27-03 eliminates buyouts and extends price controls from 10 to 20 years for sale units and 20 to 30 years for rental units.

ZTA 03-09 requires MPDUs to be built in rural large lot zones.  This affects many of the properties in Olney along Batchellor's Forest Road, the Mess Property on Georgia Avenue, Norbeck Country Club, and the Freeman/Pulte Property adjacent to Norbeck Grove.  It increases the number of units that will be built.  Currently no MPDUs are required in these zones and this ZTA would require at least 12.5% MPDUs.  

Letter Writing Guidelines

The impact of your letter is 75% the fact you wrote a letter and 25% content. Writing to a government official sends a very important message: you care enough about what is happening to take a few moments of your time to let them know you are concerned. So the essence of your letter should be just that: who you are, what you are concerned about, and what you want done. The letter can be as simple as two paragraphs.

1. First paragraph: Explain who you are, such as:

• I have lived in Olney for…
   
• I moved to Olney because…

2. Second paragraph: Explain why you are writing and what you want the recipient to do.  Feel free to cut and paste from one of the paragraphs below or create your own paragraph.  Please do not cut and paste more than one paragraph from below -- a letter's impact is stronger if it does not appear to be the same as other letters. 

• I am writing in reference to the legislation on MPDUs.  I am very concerned about the precedent that ZTA 04-13 establishes.  Montgomery County is a leader in its community based planning of areas.  To exceed the density or height limits set in a master plan undermines this planning process.  In addition, when a person purchases a home in Montgomery County, they check the area's master plan.  If this ZTA is approved, the master plan is no longer an accurate description of future development.
   
• I am concerned about the changes in dwelling types in the single family zones (ZTA 04-14).  Compatibility with existing communities is very important.  Currently, when dwelling units are not compatible with the surrounding development, a buffer area is needed and this is not stipulated in the ZTA.  Do not support ZTA 04-14 as written.
   
• Every master plan should be required to identify appropriate locations for affordable housing.  Each area has its own unique situations and a county-wide zoning text amendment cannot anticipate all possible scenarios.  For example, it was the Upper Rock Creek community that pushed for MPDUs on the Catherine Fraley property because that property was close to their town center - an appropriate area for affordable housing.  Most areas zoned RE-1, RE-2, and RNC are not close to employment centers, shopping, or public transportation.  The number of MPDUs that would be created in these zones is very small and the additional density compromises the rural nature of these areas.  Therefore, do not support ZTA 03-09.
   
• The MPDU program is a valuable program that provides affordable housing.  However, ZTAs 04-11, 04-12, 04-13, 04-14, and SRA 04-01 do not require more MPDUs than are required by current law and several set a terrible precedent of overriding the recommendations in the general and master plans.  I do not want you to support them.
   
• Individual sector and master plans should indicate within their areas locations suitable for affordable housing.  This was successfully done in the Upper Rock Creek Master Plan regarding the Catherine Fraley property.  This process should continue with each master plan instead of county-wide zoning text amendments.  Therefore, I do not want you to support ZTAs 04-11, 04-12, 04-13, 04-14, or SRA 04-01.
   
• ZTA 04-13 and SRA 04-01 allow development different from the recommendations in a master plan.  They result in density or heights that are different from the master plan.  Do not override the master plans.  Do not support this legislation.

Maximize Your Impact!

• Always include your name and address.
• Letters can be sent via email or through the post office.
• The same letter signed by two people counts as one letter. Therefore, have each member over 18 in your household write a separate letter (first paragraph will be different).
• Letters with factual mistakes are disregarded as uninformed resident – no matter how trivial the fact. If you are not sure of a fact, leave it out. Less can be more.

Addresses to send your letter E-mail: county.council@montgomerycountymd.gov This email is sent to ALL Council members. You can address it to President Silverman.

Regular mail:
  Montgomery County Council
  100 Maryland Avenue
  Rockville, Maryland 20850

Directions to the Public Hearing

Head South on Georgia Avenue
Turn Right onto Route 28/Norbeck Road
Turn Right onto Viers Mill Road
Cross over 355
The Second intersection is Maryland Avenue, but for parking:
Turn Left at the first intersection onto Monroe Street and then take an immediate right to enter a parking garage.