Prince George's County

County-Wide Growth Policy

In keeping with the old saying "the grass is always greener on the other side," Prince George's County, like its neighbor (Montgomery County), is now considering the implementation of its own growth policy measure.

Councilmen Stephen J. Del Giudice and Ronald V. Russell submitted a Memorandum dated September 30, 1996 to the whole Council, which outlined strategies for developing and implementing a "County Growth Policy ("CGP") and a Strategic Economic Development Plan" ("SEDP"). Such plans are expected to serve as a mechanism to comprehensively manage future growth in Prince George's County. The CGP is said to be necessitated by the County's current fiscal situation and because the current demand for facilities cannot be met (i.e., roads/schools).

The major components of the CGP include:

1. The adoption of legislation to create a bi-annual growth policy ordinance process. The ordinance would (1) identify corridors of growth, (2) set annual limits on the number of building permits for residential and non-residential projects, and (3) adjust guidelines and regulations and other development processes, as necessary.
2. The adoption of an ordinance to reform the development process/existing pipeline. This ordinance will (1) limit the life of previously approved projects in the existing pipeline and (2) set time limits for projects in the development review and implementation processes.
3. The revision of the current APF and Mitigation Ordinances. This ordinance will (1) revise APF standards, (2) tighten APF to require funding within the CIP or at the developer's option, (3) tighten APF and limit -- or prohibit -- mitigation in areas that lack infrastructure and (4) relax the APF and allow mitigation in core growth areas, as necessary.

In combination with the CGP, the SEDP will involve a thorough review, reorganization or re-focusing of the Department of Housing and Community Development, Economic Devel-opment Corporation, Housing Authority, Parking Authority, Re-Development Authority and Tourism Council. The review is to focus on the following issues:

• Encouraging growth in vicinities of Metro Stations.
• Financial incentives to encourage economic development, (i.e., tax credits, low interest loans).
• Revising the adequate public facilities test for urban employment areas.
• Easing certain zoning and development requirements, (i.e., parking, design regulations, requirements for renovating existing buildings).
• Simplification of the Zoning Ordinance and other components of development review process.
• Re-focusing capital investment dollars for projects in these growth areas and levying the economic impact of major development.

The Prince George's County Council is now considering what, if any, action will be taken with respect to the implementation of the CGP and SEDP plans. The County Executive is in general agreement with the direction of both of the proposed plans.

SENIOR HOUSING - ON THE MOVE

On Tuesday, October 29th, 1996, the Prince George's County Council, sitting as the District Council, adopted three bills, CB-71,-72 and -78-1996, which would essentially bring a wider variety of senior housing to the County. Specifically, CB-71-1996 would permit attached housing for the elderly in the R-R Zone, by special exception, without an increase in density (i.e., density would remain at 2.17 dwelling units per acres, as with other residential developments in the R-R Zone).

CB-72-1996 adds assisted living facilities to the list of uses contained in the Prince George's County Zoning Ordinance and it permits such a use in the C-M zone subject to detailed site plan approval. Further, any C-M zoned properties seeking to take advantage of this new use must have a minimum lot size of 3.5 acres and the lot must adjoin residentially zoned land. CB-72-1996 also contains development guidelines, (i.e., requires the submittal of a recreational facility plan and the proposed facility cannot exceed four (4) stores in height).

Lastly, CB-78-1996, also adds a new use to the Zoning Ordinance - a mixed retirement development. As defined, a mixed retirement development is a residential community for retired-aged persons developed under a uniform scheme of development, containing a mix of attached, detached, or multi-family dwelling units, nursing or care homes, or assisted living facilities. Such development would be allowed, as a matter of right, in certain comprehensive design zones (i.e., Major-Activity-Center Zone ("M-A-C"), Local- Activity-Center Zone ("L-A-C"), Residential-Urban-Development Zone ("R-U"), Residential-Medium-Development Zone ("R-M"), Residential-Suburban-Development Zone ("R-S"), and Residential- Low-Development Zone ("R-L")).

Although the Council has taken action on the above bills, a more comprehensive look on the issue of senior housing is expected by the Senior Housing Council, a work group established by Suburban Maryland Building Industry Association ("SMBIA") to assist the Council in opening up the housing market for seniors in the County. For more information regarding the above legislation or the Senior Housing Council, please contact Leslie M. Romine in our Greenbelt Office at (301) 982-3382 or lmr@linowes-law.com

TOUGHER TH LEGISLATION NOW REALITYTownhouses-Townhouses-Townhouses : The debate has ended. Four members of the Prince George's County Council : Council-men Ronald Russell, Walter Maloney, Stephen Del Giudice and Ike Gourdine who presented and introduced townhouse legislation : have been joined by all their Council colleagues to enact CB-55-1996 and CB-56-1996 into law. CB-55-1996 provides:

• no new rezoning applications for R-T Zones.
• no rezoning to R-T through future Sectional Map Amendments, except for two areas for which Master Plans and SMAs have not been recently adopted.
• requires a Special Exception for townhouses in Multi-Family Zones where townhouses are currently permitted by right.
• imposes design guidelines (re: retention of trees, site design, buffering, and building design) to be incorporated in the general guidelines for conceptual and detailed site plan approval.
• reduces density in the R-T Zone from eight (8) to six (6) dwelling units per acre.
• requires minimum, rather than average, width of twenty (20') feet for townhouses.
• requires minimum gross living space of 1,250 feet.
• end walls must have at least two architectural features.
• requires above grade foundation walls to be clad with finish materials compatible with the primary facade design.
• requires minimum of sixty (60%) percent of all townhouses in a development to have front facade of brick, stone or stucco.
• requires minimum lot size for townhouses of 1,800 square foot (with certain grandfathered lots allowed to be 1,500 square foot).
• requires gateway signs for any subdivision in the R-T Zone with more than twenty-five (25) townhouses.

CB-55-1996 does not apply to projects for which a Detailed Site Plan ("DSP") has been filed and accepted prior to November 1, 1996, if design guidelines and regulations not resulting in a requirement for resubdivision are applicable, and if building permits for 10% of dwelling units included in the DSP are issued within one year of the effective date of this legislation, and extensions of time for permits do not exceed six (6) months. CB-55 was adopted on November 12, 1996 and is effective forty-five (45) days after adoption.

CB-56-1996, which deals with townhouse development in Comprehensive Design Zones ("CDZ") and Mixed Use Zones ("M-X-T/M-X-C"), not only incorporates the new guidelines set forth above, but it prohibits townhouse development in the CDZ and M-X-T/M-X-C Zones above the percentages outlined below:

• R-L and R-S20%
• R-M, R-U and M-A-C30%
• L-A-C40%
• M-X-C25%
• M-X-T20%

CB-56-1996 does not apply to Specific Design Plans ("SDP") that (1) limit the number of townhouses per building group to four with an originally approved Comprehensive Design Plan ("CDP") prior to July 1, 1988; (2) property located within an infrastructure finance district approved prior to the effective date of this legislation; or to (3) DSPs and SDPs, whichever applicable, filed and accepted prior to the effective date of this legislation, if building permits for 10% of dwelling units in plan are issued within two years of the effective date of the legislation, and extensions of time for permits do not exceed six months. CB-56 was adopted on November 12, 1996 and its effective date is forty-five (45) days after adoption.

MPDUs ARE NO MORE

On November 12th and 26th, 1996, the Prince George's County Council took action which ended the requirement to provide Moderately Priced Dwelling Units ("MPDUs") in the County with the passage of CB-47, 48, and 49-1996.

Council Members Ann MacKinnon, Walter Maloney and Isaac Gourdine, co-sponsored the bills to repeal the County's MPDU program established in 1990. The program was originally established to ensure the provision of affordable units (i.e., up to 10%) within new developments in single family, townhouse, multi-family, comprehensive design and mixed use zones. Since its establishment, 686 MPDUs had been approved in the County, with 329 units located in Multi-Family Zones (R-T, R-18C, R-30C, R-H and M-X-T), 148 units located in Comprehensive Design Zones (CDZs), and 209 units located in Single Family Zones (R-55 and R-80). Of the total 686 MPDUs, 312 units have reached the final plat of subdivision stage.

Intense debate on the bills before the Council centered around (1) projects with existing MPDUs, (2) approved projects or (3) projects within various stages of development (i.e., the "pipeline") in an effort to minimize the effect of repealing the MPDU program on the Development Industry. Under the Bills, a developer may submit an application for a Detailed Site Plan or Specific Design Plan, without amending the preliminary plan, under certain circumstances. Specifically, in the R-T, R-H, R-18C, R-30, R-30C, R-35 or M-X-T Zones, market rate units may be constructed in lieu of MPDU for a fee-in-lieu payment of $5,000.00 per previously approved MPDU, or a developer can amend the final plats to delete the MPDUs. In the R-80, R-55 or Comprehensive Design Zone, market rate townhouses may be constructed in lieu of MPDU unit townhouses for a fee-in-lieu of $10,000.00, or a developer can amend the final plats to delete the MPDUs. In any zone, MPDU lots may be replaced by single-family detached lots in accordance with the minimum development standards established in the approved preliminary plat, detailed site plan and final plat.

Lastly, the Bills (1) provide that existing MPDUs may not be classified as non-conforming uses, provided they are constructed pursuant to building permits issued prior to the program's repeal; (2) allow the release of the MPDU designation with the addition of interior and exterior options of at least $10,000.00 retail value, and (3) allow the sale of MPDUs, not approved for conversion and release, to DHCD or the Housing Authority for not more than the maximum sale price applicable to the unit. If not bought by DHCD or the Housing Authority within ninety (90) days, the owner can sell the MPDU without restriction.