What is the official process for Montgomery County to require a developer to contribute a public amenity and how does the developer benefit?
Montgomery County requires developers to provide a public amenity and provide public use space as part of any proposed Optional Method project. Typically, the project is defined and approved first and the public amenity and public use space are committed to and delivered afterwards. Because LDG does not have firm details on what the larger project will be but shares a common goal with Montgomery County to bring a music center to Silver Spring, the county is asking that LDG satisfy this requirement now rather than later. LDG is willing to donate this valuable land in advance of any future redevelopment project, but wants to ensure that this will count as its contribution in connection with the larger project and will be allowed to develop the larger project one day. LDG is not asking that additional height or density be added to their site but to be allowed to build within the envelope of the current zoning for its property. Land use and development is very complex and risky, especially
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