HARRY HUGHES, Governor

4031

Let us make clear the difference between zoning and
subdivision. Zoning establishes the nature of land use
permitted, for example; single family residential, multi-family
residential, commercial, etc.; and the densities permitted, i.e.
the number of units per acre. Subdivision is the process by
which a parcel of land is divided up into individual lots or
building sites, how internal roads are laid out, how other
community facilities are sited, etc.

In Prince George's County, there are three single family
residential zones in which cluster development is permitted, as
determined through the subdivision process. It is important to
understand that clustering only occurs after the zoning has been
approved, which establishes the density permitted for single
family dwellings. Clustering does not change the density, or
allow for any additional units on the parcel as a whole. Neither
does it permit other uses, such as multi-family units or
commercial uses.

What cluster development does permit is smaller individual
lots, thereby creating community open space. Instead of dividing
a parcel into a certain number of approximately equal sized lots,
checker-board fashion, a cluster development may have groups of
smaller lots surrounded by wooded areas or open spaces. It is
not a different land use, but rather a different application of
the same land use. Often it results in more aesthetically
pleasing communities, it reduces the amount of land to be cleared
and areas to be paved, so it is environmentally beneficial, and
it reduces the construction costs associated with grading and
infrastructure, so it makes housing more affordable.

While zoning and subdivision are related, they are not the
same. Zoning is done by the District Council, and establishes
the kind and density of land use. Subdivision follows zoning, is
done by the Planning Board, and establishes the precise
configuration of individual lots, roads, and other public and
private amenities, within the constraints of the applicable
zoning category.

HB 1183 would require that in all cluster subdivision cases,
the zoning process be used to subdivide property. This is not
the usual approach, and makes a more cumbersome process. It is
using the wrong tool to do the job. A survey of neighboring
jurisdictions reveals that "cluster zoning" is not used in
Charles, Anne Arundel, Howard, or Fairfax counties. In those
counties it is handled the way we do it in Prince George's
County, by subdivision. In both Anne Arundel and Fairfax
counties there are some zones in which cluster is permitted use
and other, less dense zones, in which a special exception is
required. In Montgomery County there are 4 zoning categories in
which cluster is accomplished by subdivision, and two very low
density categories that are designated as residential cluster and
handled by zoning. We do not permit cluster in our lowest
density zones, so the Montgomery County situation is not
analogous.