Agenda ItemS
October 19,2010
Action
MEMORANDUM
TO:
FROM:
County Council
Michael Faden, Senior Legislative Attorney
Action: Bill 1-10, Development - Coordination, Oversight
SUBJECT:
Planning, Housing, and Economic Development Committee recommendation (2-0,
Councilmember Floreen absent): enact with amendments
Bill 1-10, Development - Coordination, Oversight, sponsored by Councilmembers
Trachtenberg and Knapp, chairs of the Management and Fiscal Policy and Planning, Housing
and Economic Development Committees, and Councilmembers Berliner and Andrews, was
introduced on January 19, 2010. A public hearing was held on February 9, at which the only
speakers were Assistant Chief Administrative Officer Diane Schwartz Jones, representing the
County Executive, and Natalie Goldberg, representing the White Flint Community Coalition (see
testimony, ©7-1O). Also see the Planning Board's letter on ©17-19. At the Planning, Rousing
and Economic Development (PRE D) Committee worksession held on September 20, the
Committee (2-0, Councilmember Floreen absent) recommended enactment of the Bill with minor
amendments.
Summary Bill 1-10 requires the County Executive to designate an employee in the
Executive's or Chief Administrative Officer's Office as development coordinator for each
approved development district and each geographic area where a newly revised master or sector
plan has authorized intensive new development or redevelopment. Each coordinator would
perform similar management functions as then-Assistant Chief Administrative Officer Bill
Mooney performed for the Silver Spring redevelopment program. Each coordinator can be an
existing employee;
this Bill does not require the Executive to create a new position
unless he
decides that no current employee or employees can perform the required functions.
Applicability In Council staff's view, this Bill would require the Executive to designate
coordinators for the Clarksburg Town Center development district, which has been approved but
not implemented, unless it is terminated as a pending resolution proposes, and for the White Flint
sector under the adopted sector plan. The Bill would not require a coordinator to be designated
for the two existing Germantown development districts because the required County
infrastructure for those districts has been completed. For any other master or sector plan, the
need for a coordinator would depend on the level of development or redevelopment allowed in
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the plan. In each case the Executive would initially decide whether a coordinator is needed, and
Councilmembers could recommend (but not require) that one be designated for a specific area.
Fiscal impact
Executive testimony referred to a "potential annual cost of in excess of
$500,000". OMB assumed that up to 4 new staff members could be needed, at an annual cost of
$504,600. See fiscal impact statement, ©5. In Council staff's view, OMB's estimate assumes
that Executive staff do not currently perform any development coordination duties, which is
clearly not the case. In addition, under County Code
§
14-6(g) much of the cost of any staff
needed to coordinate the implementation of a development district could be paid for by the
applicants for that district.
Economic impact
None assumed by Executive. See fiscal impact statement, ©6. In
Council staffs view, the economic impact of better County government coordination would be
positive, with significant time and cost savings achievable in the development and
implementation processes by both County government and the private sector.
Issues/Committee recommendations
1) Need for and role of coordinator
The Executive testimony (see ©7-8) "agrees with
the objective of the Bill" but questioned the scope of the coordinator's duties and instead
proposed that the Planning Board be directed to produce an annual master plan implementation
report which the Executive and Council would use ''to inform budget and policy decisions". The
Planning Board did not comment on this proposal.
In Council staffs view, such a report could be a useful exercise. The White Flint sector
plan requires the Planning Board to submit more or less the same kind of document every 2 years
as a "biennial monitoring report" for that sector plan area. The Planning Board believes that its
biennial Subdivision Staging Policy (formerly County Growth Policy) report, along with the
special White Flint reports, would adequately serve this purpose (see Board letter, ©17).
But, in our view, the Executive's alternative misses the point of this Bill. We understand
the coordinator's intended role to be a day-to-day function, making sure that each element of
County government is aware of what it needs to do at any given time to move the approved
development toward completion, just as Mr. Mooney did for the Silver Spring redevelopment.
(See, e.g., letter from former Planning staff division chief Perry Berman on ©15.) Although the
coordinator would help define and inform policy decisions, we see this role as primarily a
management function rather than a policy-making one, as the Executive appears to view it.
Committee recommendation:
retain the scope of each coordinator as proposed in ©2,
lines 9-25 and ©3, lines 35-50.
2) Monitoring and reporting
The White Flint Community Coalition (see testimony,
©9-10, and followup memo, ©12-14), in supporting this Bill, originally recommended
expanding the coordinator's duties to include carrying out the monitoring and reporting required
by the approved Sector Plan. However, the Plan assigns this function to the Planning Board.
The Committee recommended that the coordinator be directed to take the lead in disseminating
2
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the Board's reports and findings to the public by adding more specificity to the coordinator's role
as "primary point of contact for residents and businesses located or that could potentially locate
in that planning area and the developer of any development located in that planning area" (see
©2, lines 16-19) The Committee recommended a version of the Coalition's amendment on ©14
by adding a new paragraph (4) on ©2, lines 20-22.
The areas for which mode share measurements would be acquired under this formulation
include sector or master plan areas where mode share assumptions for those areas were used to
achieve a traffic mobility standard for a master or sector plan. The County Civic Federation (see
letter, © 16) also supported this and the following amendment. The Planning Board believed this
amendment is not necessary (see Board letter, © 18).
3) Point of contact The Committee agreed with the Coalition that the coordinator should
be the "point of contact" for residents of the surrounding area as well as those located in the
master plan area. To make this clarification, the Committee inserted on ©2, line 17, and ©3, line
45, after in: or near. The Civic Federation and Planning Board supported this amendment.
4) Specificity Civic activist Max Bronstein (see letter, ©11) questioned whether certain
terms in this Bill, such as "intensive", should be defined more precisely. Because the
coordinator requirement could be applied to various master plans and development districts in
various parts of the County, Council staff advised against adopting a numerical standard as Mr.
Bronstein proposed.
Mr. Bronstein also suggested that this Bill include penalties for
noncompliance and specific financing standards. In our view, those are substantive provisions
that more appropriately belong in the underlying master plan or development district resolutions.
The Planning Board proposed more precise language to describe which plans this
provision would apply to (see letter, ©18). While the Board's proposed language is indeed more
specific, it may be too specific. For example, although the Great Seneca Science Corridor is
expected to have a Transportation Management District, as the Board language would require, all
of it might not be included in an urban area under the road code. The Committee accepted the
broader standards in Bill 1-10 as introduced, mainly because each major plan adopted in the
future could specify whether an area coordinator of this type is needed.
Council worksession
At the Council's worksession on this Bill on October 12, two further amendments were
discussed but not adopted:
1)
Point of contact Council President Floreen offered an amendment to clarify the types
of issues on which the proposed development coordinator would serve as the primary point of
contact for residents, businesses, and developers. This amendment would insert on ©2, line 16,
and ©3, line 44, after contact:
regarding the financing and development ofCountyjpirnsttucture
3
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2) Role of coordinator Ms. Jones, representing the Executive, suggested replacing, on
©2, line 23, and ©3, line 48, take or recommend with advise the Executive and Council about.
Council staff recommendation: adopt both amendments.
Councilmembers also discussed whether legislation of this type is needed, rather than
working with Executive staff to administratively accomplish the same goals, possibly through
the regional service centers, whether such development coordination will be needed in more
areas of the County than this Bill would mandate, and whether the Bill would promise more than
it can deliver in community outreach and County responsiveness. In a letter sent after the
Council discussion (see ©20-21), the White Flint Community Coalition commented on these
issues and endorsed the Bill.
This packet contains
Bill 1-10 with Committee amendments
Legislative Request Report
Fiscal impact statement
Executive testimony
White Flint Community Coalition testimony
Bronstein letter
White Flint Community Coalition memo with amendment
Berman letter
Civic Federation letter
Planning Board letter
White Flint Community Coalition comments
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Bill No.
1-10
Concerning: Development
Coordination, Oversight
Revised: 10-12-10
Draft N o . l
Introduced:
January 19, 2010
Expires:
July 19, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N!....!.o""n..c::e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Trachtenberg, Knapp, Berliner, and Andrews
AN
ACT
to:
(1)
(2)
(3)
provide further coordination and oversight of master-planned development;
provide further coordination and oversight of development districts; and
generally amend the law governing coordination of development.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-25
Chapter 14, Development Districts
Section 14-16
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
""
""
""
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 1-10
1
2
3
4
5
6
7
8
Sec.
1.
Section 2-25 is amended as follows:
*
(£)
*
*
The Executive must
Coordination
gf
master-planned development.
designate an employee in the Office of the Executive or the Office of
the Chief Administrative Officer as the development coordinator for
each planning area for which
~
newly revised master or sector plan has
authorized intensive new development or redevelopment. Among other
duties, the Coordinator must:
9
10
11
12
13
ill
ill
coordinate
the
financing
and
development
of
County
infrastructure in that planning area;
advise the Executive, the Council, the Chief Administrative
Officer, County Department heads, the Planning Board, and any
other appropriate government agency, of any action needed to
expedite the financing and development of County infrastructure
in that planning area;
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ill
serve as primary point of contact for residents and businesses
located or potentially located in or near that planning area and the
developer of any deVelopment located in that planning area;
[[and]]
ill
acquire and distribute mode share measurements (and related data
and methodology) and results for monitoring of a master or sector
plan. and make that information publicly available: and;
[[ill]]
ill
take or recommend any other action needed to assure that
[[County]] all required infrastructure keeps pace with private
deVelopment in that planning area.
Sec. 2. Section 14-16 is amended as follows:
14-16.
Administration of district; Termination.
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BILL
No.
1-10
28
29
30
31
*
*
*
The Executive must designate an employee m the Office of the
Executive or the Office of the Chief Administrative Officer as the
Development District Coordinator for each development district for
which the Council has adopted
~
resolution declaring its intent to create
~
32
33
34
35
development district under Section 14-6. Among other duties, the
Coordinator must:
ill
ill
ill
coordinate the preparation of the Fiscal Report for the
development district as required
Qy
Section 14-8;
coordinate
the
financing
and
development
of
County
36
37
38
39
infrastructure in that development district;
advise the Executive, the Council, the Chief Administrative
Officer, County Department heads, the Planning Board, and any
other appropriate government agency, of any action needed to
expedite the fmancing and development of County infrastructure
in that development district;
40
41
42
43
44
45
ill
serve as primary point of contact for residents and businesses
located or potentially located in or near that development district
and the developer of any development located in that
development district; and
46
47
48
49
ill
take or recommend any other action needed to assure that
[[County]] all required infrastructure keeps pace with private
development in that development district.
50
51
ill
The Executive must report to the Council not later than January
l2.
and
July
l2.
of each year on the progress made during the preceding
Q
months, and the significant steps to be taken during the following
52
53
54
2
months, regarding each development district for which the Council has
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BILL
No. 1-10
55
56
adopted g resolution under Section 14-6.
[(d)]
ill
*
*
*
57
58
Approved:
59
Nancy Floreen, President, County Council
60
Date
Approved:
61
62
Isiah Leggett, County Executive
63
64
Date
This is a correct copy ofCouncil action.
65
Linda M. Lauer, Clerk of the Council
Date
@
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Oversight\BiII3 PHED.[)Qc
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LEGISLATIVE REQUEST REPORT
Bill 1-10
Development -Coordination, Oversight
DESCRIPTION:
Requires the County Executive to designate an employee in the
Executive's or Chief Administrative Officer's Office as development
coordinator for each approved development district and each
geographic area where a newly revised master or sector plan has
authorized intensive new development or redevelopment.
Suboptimal coordination of County infrastructure financing and
provision in some intensive development areas.
To coordinate the financing and development of County
infrastructure for each development district and each planning area
where a newly revised master or sector plan has authorized intensive
new development or redevelopment.
County Executive, Planning Board
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Applies only if a municipality is located in a development district or
does not have its own planning authority.
Not applicable
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
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OFFICE OF MANAGEMENT AND BUDGET
lsiah Leggett
County Executive
MEMORANDUM
Joseph F. Beach
Director
February
8, 20 I 0
TO:
FROM:
SUBJECT:
Nancy Floreen,
PreSide~C~i1
Joseph F. Beach,
Direct~
a...:...;:::::.
Council Bil1I-1 0, Development - Coordination, Oversight
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject legislation.
LEGISLATION SUMMARY
The proposed bill requires the County Executive to designate an employee in the
Executive's or Chief Administrative Officer's Office as development coordinator; to coordinate the
financing and development of County infrastrncture, for each approved development district and each
geographic area where a newly revised master or sector plan has authorized intensive new development or
redevelopment.
FISCAL AND ECONOMIC SUMMARY
While the authority to execute the responsibilities outlined in the legislation are unclear,
and may in fact reside with other bodies (e.g., the County Couneil and Planning Board), the resources
required to implement those aspects of the subject legislation appropriate for the Executive Branch will
depend on the complexity and magnitude ofthe development and redevelopment authorized under newly
approved master plans and sector plans, as well as
the
development districts approved by the County
Council. Whether existing
staff
could
be
reassigned
or
new
staff
is
required, will depend on the level of
development or redevelopment envisioned in each master or sector plan, and the capacity of existing staff
to perform the required development coordination duties with their other responsibilities. The following
additional staffmay
be
necessary
to
earry out the responsibilities identified in Council Bill 1-10:
Manager
I
Senior Planning Specialist
Senior Financial Specialist
Manager
ill
Total Fiscal
Impact
$162,310
$107,870
$107,870
$126,550
S504,600
This estimate includes salary, benefits, and related operating costs.
Office of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov
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Nancy Floreen, President, County Council
February 8, 2010
Page 2
While the subject legislation is intended to expedite the pace of County infrastructure
development, it does not directly change the size or scope of such development. Therefore,
it
does not
have an economic impact.
The following contributed to and concurred with this analysis: Bryan Hunt, Office of
Management and Budget; Sonetta NeufvilIe and Diane Jones, Offices ofthe County Executive; and
Michael Coveyou, Department of Finance.
JFB:bh
c: Kathleen Boucher, Assistant Chief Administrative Officer
Marc Hansen, Acting Director, Office ofthe County Attorney
Dee Gonzalez, Offices ofthe County Executive
Diane Schwartz Jones, Assistant Chief Administrative Officer
Jennifer Barrett, Director, Department ofFinance
Michael Coveyou, Department ofFinance
John Cuff, Office ofManagement and Budget
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TESTIMONY OF COUNTY EXECUTIVE ISIAH LEGGETT
ON BILL 1-10, DEVELOPMENT - COORDINATION, OVERSIGHT
Good afternoon. My name is Diane Schwartz Jones and I am pleased to provide
testimony on behalf of County Executive Isiah Leggett on Bill 1-10, Development
Coordination, Oversight. Bill 1-10 requires the designation of one or more employees as
"development coordinator" for each area of the County in which newly or recently revised
master plans call for "intensive new development or redevelopment." .
The County Executive agrees with the objective of the Bill to coordinate the financing
and .development of infrastructure in areas with newly revised sector plans.
It
should be noted
that Executive departments balance many competing needs in their budget preparations and are
mindful of the needs of both existing and deVeloping communities in planning areas throughout
the County. The County Executive and the County Council have historically worked together to
establish transportation priorities and will continue to do so.
Bill 1-10 seems to go far beyond the role of mere coordination and implies specific
budget and implementation priorities by referring to "any action needed to expedite"
infrastructure in specific planning areas. It also has a potential annual cost of in excess of
$500,000.00, which could make it quite costly in actual implementation. Realistically, numerous
planning areas would be covered by Bill 1-10 including Clarksburg, White Flint, Gaithersburg
West, Germantown, Twinbrook, Langley/Takoma Park, and Wheaton.
The coordinator -- or coordinators -- must, among other things, "take or recommend any
other action needed to assure that County infrastructure keeps pace with private development" in
covered planning areas. This is in addition to coordinating the financing and development of
County infrastructure within the numerous planning areas that would fall under this provision.
This Bill places heavy responsibility upon one or more individuals who do not approve
the ClP, coordinate the ClP, set transportation priorities, issue financing, approve the growth
policy, or review and approve applications for development. And, even ifthe planning, land use,
budgeting and funding responsibilities that are ascribed to this person or team of persons could
be funded to effectively coordinate all of the necessary information, it still will not account for
political wilL
Montgomery County Code section 33A-15(c) requires as part ofthe Growth Policy
process, that the Montgomery County Planning Board include with the Growth Policy a status
report on general land use including remaining growth capacity of zoned land. Rather than
embarking on a potentially expensive process of staffmg a function that still will not yield the
desired results given the fact that the ultimate decisions on planning, development approvals and
budget lie with others, a variation of what is provided for in 33A-15(c) would help both the
Executive Branch and the County Council achieve the same result.
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Specifically, it would be beneficial to the Executive agencies and to the County Council
to have an annual master plan implementation report from the Montgomery County Planning
Board in advance of budget preparation that summarizes by planning area the amount of
development authorized within a planning area, the amount of development approved through
the end of the prior fiscal year, the amount of development projected for the upcoming fiscal
year, and a listing of the public infrastructure believed to be necessary to support existing,
approved and projected infrastructure through the next fiscal year. Given that Park and Planning
is the repository of this information, it is in the best position to provide the report. This master
plan implementation report would be used by both the County Executive and the County Council
to inform budget and policy decisions.
Again, while County Executive Leggett supports and agrees with the objective of Bill
10, he is concerned that at a time that we are cutting costs significantly, implementation of this
Bill would introduce a need for additional funds.
Mr.
Leggett also believes that there is a better,
more implementable way of achieving the objective of this Bill and instead urges the Council to
work with the Montgomery County Planning Board and Executive Staff to come up with a
Master Plan Implementation Report that will facilitate orienting budget and policy decisions in
different planning areas.
Thank you for your consideration.
2
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THE WHITE FUNT COMMUNITY COAUTION
Representing the wishes of the people of the White Flint area
11111 Jolly Way
Kensington, Md. 20895
February 9, 2010
Bill 1-10, Development - Coordination, Oversight"'
President Floreen, Members of the Council, I am Natalie Goldberg, testifying in behalf of the
White Flint Community Coalition. We support Bill 1-10 as it applies to the White Flint Sector
Plan and believe that the details of the Sector Plan, the fmancial requirements, and the staging
constraints lend themselves to an objective coordinator within the Executive Branch.
This bill is particularlY important to White Flint, where the coordination between infrastructure
and development is essential,
It is critical to have a person as the key contact, overseer - the coordinator - on this huge
complex redeVelopment project. It is important to have someone that is not within one of the
participating county departments or agencies so that parochial departmental interests do not
overshadow the implementation of the sector plan.
We have several comments:
Community Involvement: This bill as written has the development coordinator identified
as the primary point of contact for residents located in that planning area. While these citizens
have a vested interest, those of us who live in the surrounding neighborhoods, but outside the
sector, have a vested interest as well. We would like to see the community involvement concept
broadened to include all citizens, especially those of us in existing residential neighborhoods
adjacent to new plans.
Reporting: We would like to see the Development Coordinator carry out the monitoring
program specified in the Master/Sector Plan. In particular, we desire that the Coordinator
monitor the status of staging requirements of the Plan, and submit an annual, readily
understandable and readily available report to the County Council on that status. The
Development Coordinator should also initiate or confirm when it is appropriate to transition from
one phase to another.
Monitoring of Mode Share: Because the balance between density and infrastructure in
White Flint hinges on the mode share levels of other Master/Sector plans, extensive monitoring
of mode share goals and progress reaching those goals needs to take place. We would hope that a
designated development coordinator for the White Flint planning area would have sufficient
Combining the strength of community bodies representing more than
3,200 households and 8,500 residents in or near the White Flint Sector
Crest of Wickford Condominium Association . Garrett Park Citizens Association
Garrett Park Estates-White Flint Park Citizens' Association' Luxmanor Citizens Association
Parkwood Residents Association . The Sterling Condo HOA
Timberlawn Homeowners Association . Wickford Community Association
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resources to provide the mode share monitoring of other planning areas
to
ensure that balance in
White Flint is provided.
Cost: We believe that the funding for this position should be part of the fmancial
planning for the Master/Sector Plan infrastructure. We have seen no cost estimates for the
proposed new position and recognize the fiscal constraints facing this County.
We believe that all of our comments should apply to both Sec.
1.
which amends Section 2-25 and
to Sec. 2. which amends Section 14-16. We hope that the Council will give this bill serious
consideration.
Thank
you for the opportunity to voice our concerns.
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Page 1 of 1
Faden,
Michael
From:
Sent:
To:
susan or max [sumax@verizon.net]
Friday, February 05,201011:58 AM
Navarro's Office, Councilmember; Berliner's Office, Councilmember; Trachtenberg's Office,
Councilmember; Leventhal's Office, Councilmember; Eirich's Office, Councilmember; Knapp's
Office, Councilmember; Floreen's Office, Councilmember; Andrews' Office, Council member; Ervin's
Office, Councilmember
Faden, Michael; Ike Leggett
Cc:
Subject: Bill 1-10 Development Coordination/Oversight
February 5, 2010
Dear Councilmembers:
After reading the draft of Bill 1-10 I feel that certain portions need more clarity and offer the
following suggestions and comments.
Instead of having newly revised master or sector plans being a prerequisite for designation of a
coordinator, it will be much more effective if a numerical value referring to the number of
dwelling units as well as square feet of commercial space proposed serves as a trigger. Very
large developments needing oversight can be planned for existing master/sector plans.
Along with this principle, use of words like "intensive" (line 8) leaves too much room for
disagreement as to the word's meaning between affected parties, so again it is suggested that
a numerical value be used as the basis for use of a coordinator. Too often legislation has
been fashioned with imprecise language which has led to unnecessary litigation which is costly
in time and money.
Another item that needs to be included is teeth. By that we suggest that there be meaningful
penalties for non-compliance and an ability to stop construction until compliance occurs plus
language that deals with insuring that infrastructure is provided in accordance with the APFO.
On line 35 there is reference to financing in a development district. Does that section mean
that paying for the infrastructure there depends in any degree on tax collections from that
development district? The answer should be clearly stated in the bill.
Additionally, we feel there should be provision for staff for each coordinator as it appears that
the scope of dealing with large developments would be overwhelming for one person.
Sincerely,
Max Bronstein
@
2/5/2010
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THE WHITE FLINT COMMUNITY COALITION
Representing the wishes of the people of the White Flint area
September 17, 2010
The Honorable Mike Knapp, Chairman
Planning, Housing, and Economic Development Cmte.
Montgomery County Council
100 Maryland Ave., Rockville, MD 20850
Dear Councilmembers Knapp, Floreen, Eirich, and Trachtenberg:
The White Flint Community Coalition supports Bill No. 1-10, concerning Development
Coordination and Oversight, which the PH ED Committee will consider on September
20. We suggest an addition to that bill, which accompanies this letter and is nearly
identical to language included by Mr. Michael Faden in the September 20, 2010, packet.
We propose that the Development Coordinator ("Coordinator") specified in the bill carry
out two clearinghouse functions.
First, we urge that the Coordinator acquire and distribute data on mode share goals for
areas inside or outside a plan area where the mode share assumptions were used to
achieve a traffic mobility standard for that plan. This information does not seem to be
centrally located or publicly available. It is vitally important that the Planning Board and
advisory committee have it to gauge progress on these goals for plans - such as White
Flint's - where traffic mobility is important to developers and residents alike.
Second, we strongly recommend that the Coordinator acquire and distribute certain
monitoring information to the general public. This is critical information for measuring
the success of a plan's implementation. As a matter of good governance, the public
should have this information.
These duties should not add Significantly to the costs of the Development Coordinator
office. Both functions would involve existing data - such as data produced by the
Planning Board or Transportation Management Districts.
The monitoring information function would be carried out only as often as plan
monitoring occurs.
These duties are necessary, however, and important. There is currently no process for
maintaining a set of mode share data from outside a plan area, nor for obtaining the
related data and methodology. And the communities in and around plan areas need a
clearinghouse so that citizens can partiCipate in the important planning that still remains
for these developing areas.
Combining the strength of community bodies representing more than
3, 200 households and 8,500 residents in or near the White Flint Sector
Crest of Wickford Condominium Association . Garrett Park Citizens Association
Garrett Park Estates-White Flint Park Citizens' Association . Luxmanor Citizens Association
Parkwood Residents Association . The Sterling Condo HOA
Timberlawn Homeowners Association' Wickford Community Association
@
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2
We think the duties
will
greatly enhance development coordination and oversight,
especially for the White Flint plan. Thank you for considering our opinions.
Sincerely,
John King
On behalf of the White Flint Community Coalition
cc: Councilmember Roger Berliner
Michael Faden
Combining the strength of community bodies representing more than
J,
200 households and 8,500 residents in or near the White Flint Sector
Crest of Wickford Condominium Association . Garrett Park Citizens Association
Garrett Park Estates-White Flint Park Citizens' Association' Luxmanor Citizens Association
Parkwood Residents Association . The Sterling Condo HOA
Timberlawn Homeowners Association . Wickford Community Association
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White Flint Community Coalition
Proposed Language and Legislative History for
Bill 1-10
On page 2, in section 2-25(c) of the County Code­
1)
2)
3)
(4)
redesignate paragraph (4) as paragraph (5);
in paragraph (3), strike "and" at the end; and
insert the following after paragraph (3):
acquire and distribute mode share measurements (and related data and
methodology). and results for monitoring of a master or sector plan, and make
that information publicly available; and;
Legislative History: The areas for which mode share measurements would be
acquired under this formulation include sector or master plan areas where mode
share assumptions for those areas were used to achieve a traffic mobility
standard for a master or sector plan.
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Page 1 of 1
Marin, Sandra
From:
Sent:
To:
Floreen's Office, Councilmember
Tuesday, February 09,201012:27 PM
Montgomery County Council
Subject: FW: Tuesday's Public Hearing on Bill
1-10
Development - Coordination, Oversight - Item 11
054169
-----Original Message----­
From: Perry Berman [mallto:perryplanning@comcast.net]
Sent: Monday, February
08,
2010 12:56 PM
To:
Andrews' Office, Councilmember; Trachtenberg's Office, Councilmember; George Leventhal; Eirich's Office, Council member;
Knapp's Office, Councilmember; Floreen's Office, Councilmember; Navarro's Office, Councilmember; Berliner's Office,
Councilmember; Ervin's Office, Councilmember
Subject: Tuesday's Public Hearing on BUll-l0 Development - Coordination, Oversight - Item
11
Council President Nancy Floreen,
On behalf of Jack Fitzgerald,
I
wish to state my strong support for
Bill
1-10 Development - Coordination, Oversight. This proposed
legislation is essential to the success of the White Flint Plan. Silver Spring's redevelopment could not have been as successful
without a development coordinator office. In the coming years, White Flint Plan's implementation program will need a focused
effort from all branches of government, but the biggest responsibility will lie with County Government. White Flint needs strong
leadership to carry out the plan's vision. This office is needed now.
Please place my letter in your hearing record.
Perry Berman
Office 301-854-2098
Cell
240-888-6166
Fax
410-799-0517
7910 Briarglen Drive
Elkridge, Maryland
21075
I
,,0
2/9/2010
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Guthrie, Lynn
From:
Sent:
To:
Cc:
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Jim Humphrey [theelms518@earthlink.net]
Monday, April 19, 20102:44 PM
.....
'
Knapp's Office, Councilmember; Floreen's Office, Council member; Eirich's Office, Council member
Faden, Michael; Trachtenberg's Office, Councilmember; Montgomery County Council
Subject: Civic Federation support for Bill 1-10, Development - Coordination, Oversight
056081
April 19,2010
Montgomery County Council members
100 Maryland Ave. - 6th floor
Rockville, MD 20850
SUBJECT: Support for Bill 1-10, Development - Coordination, Oversight
Dear County Council members,
The members of the Executive Committee of the Montgomery County Civic Federation support Council
approval ofBi111-1O, legislation to add the duties of
II
development coordinator!! to staff in the Office of
the County Executive or Chief Administrative Officer. We do, however, urge two key amendments be
made to the legislation prior to its passage. These amendments were recommended by the White Flint
Community Coalition, and Council Senior Legislative Attorney Michael Faden proposed language for
these amendments
in
his memo in the staff packet he prepared for the April 5 PHED Committee
worksession on Bill
1-10
(which was postponed
until
April
22).
Monitoring and reporting.
We support expanding the coordinator's duties to include taking the lead on
acquiring and disseminating Planning Board reports and information on plan monitoring, including
intersection analyses and measurements of transportation mode share. The following language is from
bottom of pg.2 of the Faden memo-­
Add a new paragraph (4) on line 21 and renumber the current (4):
ill
Acquire and distribute mode share measurements and other relevant data, methodology, and .
results for monitoring of a master or sector plan, and make that information publicly available; and,
Point of contact.
We agree that the coordinator should be the "point of contact" for residents of the
surrounding area as well as those located in the master plan area. The following amendment language is
near the top of pg.3 of the Faden memo-­
insert on line 18, after "in", or near
We trust that you will carefully examine our comments as you consider Bill 1-10. Thank you.
4/2012010
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MONTGOMERY COUNTY PLANNING BOARD
THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION
.
:
OFFICE OF THE
CHAlRM..;\N
April 15, 2010
The Honorable Mike Knapp, Chair
Planning, Housing and Economic Development Committee (PHED)
Montgomery County Council
Stella B. Werner Council Office Building
100 Maryland Avenue
Rockville, Maryland 20850
Dear Mr. Knapp:
The Planning Board recommends adoption of Bill 01-10 with amendments to Section 2­
25 that would clarify and narrow its applicability. The Bill is consistent with the on-going
efforts of the Planning Department and other County agencies to coordinate planning,
capital programming, and master plan implementation.
Council staff's analysis of public hearing testimony identified four issues and made
recommendations with respect to each. Our comment on each of these
recommendations follows.
Issue #1: Need for and Role of Coordinator
The Board agrees that the coordinator would function in a management role, and
therefore, supports the recommendation t6 retain the scope of each coordinator as
proposed in Bill 01-10.
We agree with the Executive's testimony that the Planning Department's Master Plan
Status Report could be expanded to include information about development capacity
and development activity within each planning area. However, annual reporting would
provide little additional benefit over the biennial reporting currently included in the
Growth Policy legislation and supplemented by additional analysis as required in the
White Flint Sector Plan. Since plan implementation efforts are largely capital-intensive,
a biennial reporting schedule efficiently supports the County's capital budget cycle.
While we support proposed legislation that would move to a quadrennial growth policy
review as pertains to the mechanics of the Adequate Public Facilities Ordinance, we
also support retention of regular reports on the pace and pattern of growth and its effect
on public facilities. We shall explore the value of these reports further during our
discussions on our operating budget and semi-annual report.
8787 Georgia Avenue, Silver
Maryland 20910
Phor.e: 301.495.4605
Fax: 301.495.1320
100% recycled paper
www.MCParkandPlanning.org
E-Mail: mcp-chairman@mncppc.org
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The Honorable Mike Knapp
April 15, 2010
Page 2
Issue #2: Monitoring and Reporting
The Board believes unnecessary Council staff's recommendation to add language that
would require the development coordinator to acquire and distribute mode share
measurements and other relevant data and make that information publicly available.
This language does little more than describe the current division of responsibilities in
existing Transportation Management Districts (TMDs) as outlined in Section 42A-27 of
the Montgomery County Code.
In White Flint, the Planning Board will be required to submit a biennial monitoring report .
to the Council and the Executive prior to the development of the biennial CIP. In
preparing that report, our staff will receive monitoring data compiled by the North
Bethesda Transportation Management District and analyze it for the Comprehensive
Local Area Transportation Review (CLATR), which will forecast the effects of additional
approved and pending development and recommend needed infrastructure
improvements.
A similar process has been included in the Great Seneca Science Corridor Sector Plan.
Issue #3: Point of Contact
The Planning Board fully supports Council staWs recommendation to add language on
line 18 that would extend the coordinator's responsibility to serve as the primary point of
contact for residents and businesses located or that could potentially locate in
or near
that planning area. We see no conflict with the Planning Department's responsibilities
under existing law, including publication of adopted plans, making Growth Policy
recommendations, providing land use information, or allowing buyers to review master
plans.
Issue #4: Specificity
The words "newly" and "intensive" in Section 2-25 appear intended to limit substantially
the application of the proposed amendments. However, the testimony indicates that the
terms have created confusion about the potential scope of the proposed legislation. To
avoid any confusion about its applicability, we recommend the following change:
Line 7: each planning area for which a Re'Nly revised master or sector plan adopted
after January 13. 2010 that provides for intensive new development or redevelopment in
an area deSignated as a Transportation Management District and which is located
within a Central Business District. Metro Station Policy Area, Road Code Urban Area.
This modified language is consistent with the objective of the Bill to provide for
development coordination and oversight in a limited number of instances where the
scale and complexity of redevelopment will require coordination and oversight.
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The Honorable Mike Knapp
April 15, 2010
Page 3
Conclusion
In conclusion, the Planning Board believes that this proposed legislation will provide an
excellent framework for improving the coordination of planning, monitoring, capital
improvements, and budgeting in our most intensive and complex development!
redevelopment areas. We urge the passage of this legislation, with the limited
modification outlined above.
Sincerely,
t
RH:js:ha
cc:JMichael Faden
The Honorable Duchy Trachtenberg
The Honorable Roger Berliner
The Honorable
Phil
Andrews
Diane Schwartz-Jones
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THE WHITE FLINT COMMUNITY COALITION
Representing the wishes
qf
the people
qf
the White Flint area
October 14,2010
The Honorable Nancy Floreen, President
Montgomery County Council
100 Maryland Ave., Rockville, MD 20850
Dear President Floreen and Council members:
The White Flint Community Coalition strongly supports Bill 1-10, concerning
Development Coordination and Oversight.
As
you know, during the October 12th Council
meeting, Councilmembers discussed various amendments for this bill. We are
concerned that the Council discussion included suggestions that would either critically
weaken or even eliminate this bill, a bill we feel is vital to the success of the White Flint
envisioned in the Master Plan.
We support the view of the PHED Committee, which decided to maintain the scope of
the Coordinator's role. As Council staff notes, "the coordinator's intended role [is1
making sure that each element of County government is aware of what it needs to do at
any given time to move the approved development toward completion". The
Coordinator needs broad enough authority to coordinate "each element's" role to
promote smooth development with corresponding facilities. We can accept the
Executive's amendment to remove the requirement on page 2, lines 23-25, to "take ...
any other action needed ... " while retaining the duty to recommend those actions.
However, we do not support a proposal to limit the functions described in page 2, lines
5-10 of the bill.
Similarly, we support the Committee's decisions to retain the scope of the Coordinator's
"point of contact" function. Tracking the progress and success of large, complex plans
such as those envisioned for White Flint and the Science City in Gaithersburg requires
the analysis of complex and interdependent parts, with the information coming from
across County agencies. For the County, the many businesses, and the community
interests who are stakeholders in the progress, it is vital that the information be centrally
located and publicly available. We emphasize that the single point of contact is to serve
as a clearinghouse for the dissemination of
existing
data, not as a data collector.
We are sensitive to the County Executive's concerns about the cost impacts of this bill,
but agree with the PHED Committee that the bill does not require a new position. In fact,
we see the Coordinator position as promoting cost efficiency. Taxpayers and
developers will benefit, as tax dollars will be spent effectively on infrastructure. County
agencies will also gain. If there is no central contact, the numerous business and civic
Combining the strength of community bodies representing more than
3,200 households and 8,500 reSidents in or near the White Flint Sector
Crest of Wickford Condominium Association . Garrett Park Citizens Association
Garrett Park Estates-White Flint Park Citizens' Association . Luxmanor Citizens Association
Porkwood Residents Association . The Sterling Condo HOA
Timberlawn Homeowners Association . Wickford Community Association
 PDF to HTML - Convert PDF files to HTML files
interests, community members, etc., will be forced to contact agencies that
might
have
the data they need - wasting everyone's time and energy.
The intent of 8i1l1-10 is to prevent disorganized development as occurred in
Clarksburg.
It
is appropriate to require development coordination in areas of intensive
development. Practically, size
does
matter in development - it has an exponentially
greater impact on developers, citizens, facilities, and taxes. Creating a central
coordinator for large-scale redevelopment plans is in the best interest of the County and
all its residents.
Sincerely,
John King
On behalf of the White Flint Community Coalition
cc: Michael Faden
2
Combining the strength of community bodies representing more than
3, 200 households and 8,500 residents in or near the White Flint Sector
Crest
of Wickford Condominium Association . Garrett Park Citinns Association
Garrett Park Estates-White Flint Park Citi:zens' Association . Luxmanor CitiZens Association
Parkwood Residents Association . The Sterling Condo HOA
Timberlawn Homeowners Association' Wickford Community Association