Montgomery County - Zoning - Density

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Montgomery County - Zoning - Density

Lydia Lorraine
Member since 2022 · 1 post · 0 votes

Hey! 

I am working with an owner of an office building in Montgomery County Maryland. They are looking to redevelop their property into multifamily and wanted to research what is allowed by right... It seems that other redevelopment projects have far extended what's allowable by right. 

The Edge apartments is 160,000 SF and it sits on .37 AC, so with a 2.5 FAR I got 40,655 SF allowed.. how is this allowed? 

The Bethesda office center is going to be at least 270,000 SF (300 units x 900 SF). I believe has 3 tax parcels which is a little confusing. But in total it sits on 1.33 AC, with FAR of 1.5, making max allowable by-right 86,772 SF. Costar has the proposed site being 300 units, 50,000 SF, but that doesn’t sound right to me.

So there is some method in which these developers are building above the max FAR on the zoning map? What I'm thinking is potentially they are working with the county/city, and putting in x amount of workforce/affordable housing. Which will allow developers to beef up the density. Could also be a case where if these developers have affordable or workforce housing projects already in a nearby vicinity, they can build whatever else they want as an “extension” of a current/ongoing project, without having to put those incentives in a new development. Not sure. 

Are they buying density rights from the county? Could someone explain to me what the Bethesda Overlay Zone (BOZ) Density or FAR Averaging is??

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  • Account Closed
    Rental Property Investor · Brooke Park Drive · Member since 2018 · 1k+ posts · 2k+ votes
    4y
    Quote from @Lydia Lorraine:

    Hey! 

    I am working with an owner of an office building in Montgomery County Maryland. They are looking to redevelop their property into multifamily and wanted to research what is allowed by right... It seems that other redevelopment projects have far extended what's allowable by right. 

    The Edge apartments is 160,000 SF and it sits on .37 AC, so with a 2.5 FAR I got 40,655 SF allowed.. how is this allowed? 

    The Bethesda office center is going to be at least 270,000 SF (300 units x 900 SF). I believe has 3 tax parcels which is a little confusing. But in total it sits on 1.33 AC, with FAR of 1.5, making max allowable by-right 86,772 SF. Costar has the proposed site being 300 units, 50,000 SF, but that doesn’t sound right to me.

    So there is some method in which these developers are building above the max FAR on the zoning map? What I'm thinking is potentially they are working with the county/city, and putting in x amount of workforce/affordable housing. Which will allow developers to beef up the density. Could also be a case where if these developers have affordable or workforce housing projects already in a nearby vicinity, they can build whatever else they want as an “extension” of a current/ongoing project, without having to put those incentives in a new development. Not sure. 

    Are they buying density rights from the county? Could someone explain to me what the Bethesda Overlay Zone (BOZ) Density or FAR Averaging is??


     It’s got to be some affordable housing bs

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  • Eric Teran
    Architect · Alexandria, VA · Member since 2016 · 317 posts · 371 votes
    4y

    @Lydia Lorraine does your client have an Architect? They should be able to tell them how much they can build by right and through board approvals. The BOZ is the Bethesda Overlay Zone which mainly governs the development of the Bethesda Downtown Plan as it relates to density, heights, affordable housing, parks, and design. The density has been capped at 32.4 million gross feet for development. Each project that is built in this district has to be subtracted from the 32.4 million gross feet. Here is a link from Montgomery County. There are a few ways to build more than what is allowed by right in BOZ. 

    1. Affordable housing will increase the FAR. The total affordable units are based on a percentage of the total units and they have to be disbursed equally throughout the building (they can't all be in the basement). Sometimes there is a minimum amount of units that are required but if additional units are built then more credit may be given.

    2. An owner may also ask to exceed the FAR but is required to obtain approval from the board. If they ask this there should be a good reason and hopefully, other cases that have already been approved in the area with similar circumstances. 

    3. Another option is if an owner owns multiple lots. If one lot is used for the public such as a park or public art then the gross floor area for that property may be transferred to another property within the Bethesda Downton Plan.

    As you can see there are many ways to get more than what is allowed by right. Most likely asking for more will add 4-10 months to the approval process as the board will have to approve it and I'm sure there is some back and forth between parties before an agreement is reached. 

    If you provide an address I can give you more detailed responses. If you have more questions feel free to contact me. 

    Good Luck.

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  • Sara N.
    Investor · Washington, DC · Member since 2014 · 60 posts · 26 votes
    3y

    FYI, related.  Montgomery Council approves 30-year plan for denser developmentThrive 2050 recommends allowing duplexes, triplexes and small apartment buildings in county neighborhoods zoned for single-family homeshttps://wapo.st/3f3ICLg



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