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The Council Connection — housing affordability (cont’d)

Council Connection Masthead

Council President’s Message

Before we head into the August recess, the Council meets this Tuesday with a full agenda (pdf).

Housing Affordability
After extensive discussion, the Council will take action on two significant pieces of legislation that make improvements to our Moderately Priced Dwelling Unit (MPDU) program – a visionary law first enacted in Montgomery County in 1973 and since copied in jurisdictions across the Country. The MPDU law requires that 12.5% of all new developments with more than 20 housing units be set aside in the County’s affordable, below-market rate program. The law has produced more than 11,000 affordable units since its creation (though many aged out of their control period before it was extended to 99 years). Bill 34-17 (pdf), sponsored by Councilmember Floreen, would make several changes to update and strengthen the law. Bill 38-17 (pdf), sponsored by Council President Riemer, would increase the requirement to 15% in the areas of the County with the least affordable housing.

Following are some other highlights of the Council’s week:

Renaming New High School After Josiah Henson
Last week, First Lady Catherine Leggett and Council President Hans Riemer sent a letter to the Board of Education (pdf) urging them to name the new high school on Old Georgetown Road in Rockville after Josiah Henson. Reverend Henson, one of the great unsung heroes in the County, lived and labored in the area where Tilden Middle School now stands on what was once Riley Farm.

To learn more about Josiah Henson’s story and why he is such a pivotal historical figure, please attend a special screening of the documentary film “Josiah” on August 10 at 7:00 p.m at the AFI Theatre in Silver Spring. Tickets are available on the AFI Silver Theatre website and at the AFI box office.

Crime Statistics
The Council public safety committee reviewed the County’s 2017 and 2018 year-to-date crime statistics. While crimes against persons have ticked up in 2018, the total number of criminal offenses are trending lower than 2017 (-48.8%). Please see the full update here.

Wireless infrastructure zoning changes
At the request of the County Executive, the Council will introduce zoning changes (pdf) that are designed to speed the deployment of wireless infrastructure in residential areas while maintaining appropriate safeguards for neighbors. The public hearing will be on September 11, beginning at 7:30pm. You can also provide feedback by writing to county.council@montgomerycountymd.gov.

Converting streetlights to LED
The Council will vote on an appropriation proposed by the County Executive to begin phase 1 of an ambitious plan to convert all County street lights from high pressure sodium (HPS) to light-emitting diode (LED). LED streetlights use less energy and are easier to maintain, which saves the County (and taxpayers) money.

And finally, an update on the Council’s efforts to promote local craft alcohol production.

Farm Alcohol Production Zoning Changes
In order to improve Montgomery County’s offering of wineries, breweries, distilleries and cideries in our agricultural areas, Councilmember Riemer and Rice introduced ZTA 18-03. After making a number of changes suggested from stakeholders, the zoning committee (PHED) unanimously recommended the ZTA to the full Council this week. The full Council will take up these zoning changes in September.

Cordially,

Hans Riemer Signature

Hans Riemer
Council President

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The Council Connection — housing affordability

Council Connection Masthead

Council President’s Message

The Council returns to session this week, and we have a full agenda.

Housing Affordability
The Council will introduce legislation sponsored by the members of the planning and housing committee (PHED) that will enable changes for accessory dwelling units. The legislation would allow the county’s Department of Housing and Community Affairs to approve applications rather than requiring hearings before the Board of Appeals. The Council is also seeking input about additional changes that could be made to enable this type of housing construction. Please share your thoughts with us by writing a note to county.council@montgomerycountymd.gov. The public hearing will occur on September 11, 2018 at 1:30pm.

The Council will also take up significant legislation changing the code for our Moderately Priced Dwelling Unit program – a visionary law first enacted in Montgomery County in 1973 and since copied in jurisdictions across the Country. The MPDU law requires that 12.5% of all new developments with more than 20 housing units be set aside in the County’s affordable program. The law has produced more than 11,000 affordable units since its creation (though many aged out of their control period before it was extended to 99 years). Bill 34-17, sponsored by Councilmember Floreen, would make several changes to update and strengthen the law. Bill 38-17, sponsored by Council President Riemer, would increase the requirement to 15% in the areas of the County with the least affordable housing. Both laws will be before the full Council after extensive committee discussion.

Next, a number of specific items of interest:

Council research projects
The Council’s research arm, the Office of Legislative Oversight, plans projects including: minimum wage, 311, racial equity, and student loan refinancing. The Council will approve the full work program on Tuesday.

Economic development incentives
Partnering with the State, the Council agenda includes the approval of a number of economic development incentives for the expansion of companies based in Montgomery County, including Altimmune, Abt Associates, HMS Host, and Applied Biomimetics. You can learn more here.

Arts nonprofit taking space at Silver Spring Library
After a competitive selection process, the County entered into an agreement with Arts on the Block to occupy space in the Silver Spring Library. Arts on the Block is a local non-profit organization focused on empowering creative youth. Welcome to the Silver Spring Library, Arts on the Block!

New Assistant Police Chief
The County Executive has nominated, and the Council is poised to confirm, Mr. David C. Anderson as Assistant Police Chief. The current Police Commander of District 1 station, Mr. Anderson will bring 28 years of distinguished service at MCPD to his new role.

Stormwater
We will act on a special appropriation to the County’s stormwater program. This appropriation is the result of a compromise between the County Executive and the Council that allows for greater efficiencies in our stormwater program while maintaining Council oversight.

And finally:

Update on mobile communications infrastructure
The Council recently approved carefully calibrated zoning changes in our commercial and industrial zones to speed the deployment of next-generation wireless technology. There is still work more to be done, but the Council is making progress on this important issue. Nevertheless, there are efforts underway at the FCC and in Congress to strip away our authority on siting wireless infrastructure.

To combat these efforts, this week I met with FCC Commissioner Brendan Carr, on behalf of the County, to share our concerns with these preemption efforts and to request an update of the decades old radio frequency (RF) emissions standards. Commissioner Carr has been designated as lead Commissioner on small cell deployments and is believed to be drafting a proposal for Commission consideration in the fall. I reiterated for Commissioner Carr the message delivered to Chairman Pai by Ike Leggett, Jamie Raskin and myself last year — that the FCC should not preempt local governments but rather work with us as partners to ensure successful deployment; and that FCC should refresh its RF standards.

Cordially,

Hans Riemer Signature

Hans Riemer
Council President

RECENT ACTIONS

  • Members of the Council’s Public Safety Committee received an update from Montgomery County Police Department officials on the department’s internal affairs investigation process, in light of the recent officer-involved shooting in Silver Spring.
  • Members of the Council’s Transportation, Infrastructure, Energy and Environment Committee reviewed bills on solar panels and climate policy, and receiving a briefing on the County’s composting and food waste plan.

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Council Vice President Riemer Introduces Bill to Increase Affordable Housing at Council Meeting on Tue., Nov. 14

ROCKVILLE, Md., November 14, 2017—Montgomery County Council Vice President Hans Riemer introduced Bill 38-17, Housing – Moderately Priced Dwelling Units (MPDUs) – Requirement to Build, during the Council’s legislative session at 10 a.m. on Tuesday, November 14. Bill 38-17 would increase affordable housing in Montgomery County Public Schools (MCPS) High School Service Areas that have low poverty rates. Councilmember Sidney Katz is a cosponsor.

Bill 38-17 would increase the minimum percentage of moderately priced housing units (MPDUs) that are required to be built in new residential developments from 12.5 to 15 percent in a MCPS High School Service Area with an eligibility rate for free and reduced meals (FARMS) of 15 percent or less. The Planning Board would make the determination about the number of affordable homes required at the time an applicant submits a preliminary plan of subdivision.

“Over the years, the County’s affordable housing requirements for new development have been recognized as among the best in the nation. By requiring affordable housing be built with every new development, we ensure that affordable housing is available throughout the County. However, we haven’t been able to keep pace with the need,” said Council Vice President Riemer. “This bill will result in more affordable housing in the communities where having it makes the biggest impact and where the market can best absorb it. We need more housing options for working families, young people who want to establish roots in our community, and seniors who are living on fixed incomes.”

The Council enacted the County’s moderately priced dwelling unit law in 1973 with the objective of providing a full range of housing choices for all incomes, ages and household sizes. The MPDU law was designed to meet an important need for low and moderate-income housing, and ensure that moderately priced housing was dispersed throughout the County.

In 2010, a Century Foundation study called “Housing Policy is School Policy” examined academic outcomes among low income students in Montgomery County who had been moved from traditional public housing and placed in MPDU’s in low poverty areas. The study found that by the end of elementary school, the lower income students who lived in higher income communities as a result of the MPDU program “far outperformed” their peers in lower income communities. Read the full study here: https://tcf.org/assets/downloads/tcf-Schwartz.pdf

Students can qualify for Montgomery County Public Schools Free and Reduced Price Meals program based on household size and income, as well as eligibility for Food Supplement Program or Temporary Cash Assistance benefits. Individual student’s eligibility status is held strictly confidential, but MCPS reports an aggregate rate of FARMs eligibility annually for each school. More information about the FARMs program is available here.

The staff report on Bill 38-17 can be viewed here.

For more information or questions, please contact Ken Silverman in the Office of Council Vice President Riemer, at 240-777-7830.

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Update on the Nighttime Economy Task Force

To be competitive for creative-class workers as well as empty-nesters, Montgomery County must be able to offer the new urban quality of life that those residents are seeking. To advance this issue, I requested the County Executive to establish the Nighttime Economy Task Force, which examined policies, resources and amenities that impact Montgomery County’s nightlife offerings. The task force led to the passage of numerous pieces of legislation in the Maryland state legislature as well as the County Council, all of which make it easier for restaurant and entertainment-oriented businesses to thrive in Montgomery County. I think it has been a success.

Please see the most recent implementation report below (PDF), as prepared by the County Executive’s team.

Nighttime Economy Task Force Implementation Summary May, 2015

Task Force Recommendations

County Executive Ike Leggett appointed the Montgomery County Nighttime Economy Task Force in May 2013 to explore ways of improving nightlife offerings at Montgomery County’s urban centers to meet the changing needs of our community.

After five months of intense work, the Nighttime Economy Task Force delivered the report, “Destination Montgomery,” to the County Executive with 32 recommendations for improving options and quality nightlife in Montgomery County. These recommendations covered the following six areas:

  1. Arts and Entertainment,
  2. Business Engagement,
  3. Public Space and Amenities,
  4. Quality of Life,
  5. Transportation, and
  6. Venue Operations and Public Safety.

Implementation Overview

A year and half after the report’s official release, the recommendations are at varying stages of implementation. A few have been implemented, some are actively being implemented, others are being further evaluated, and a few are no longer applicable or supported by the County government.

Recommendations successfully implemented

  1. Recommendation: Extend the hours of operation for venues with beer/wine/liquor licenses to 2 am on Sundays through Thursdays, and to 3 am on Fridays, Saturdays, and the Sundays before Monday federal holidays.
    Status: HB-463 and SB-657 were passed were passed in support of the recommendation.
  2. Recommendation: Expedite the creation of a social venue license, and modify the current alcohol to food ratio under the Class B beer/wine/liquor license from 50/50 to 60/40, to reflect the change in increased demand for higher quality, higher priced alcoholic beverages and to encourage establishment and operation of venues that host live music and other events.
    Status: HB-142 and SB-300 were passed in support of the recommendation.
  3. Recommendation: Develop an educational Patron Responsibility Program.
    Status: Montgomery County Department of Liquor Control (DLC) has partnered with Brown-Forman and a designated driver program called “Be My Designated Driver” (BeMyDD), to encourage people to plan their night out and ensure a safe ride home. These programs are being promoted by alcohol serving venues with a planned community education program with private sponsorship.
  4. Recommendations: Planning or Zoning Changes:
    1. Amend zoning standards to provide flexibility in meeting public use space and open space requirements.
    2. Support additional density in the County’s urban areas to foster a vibrant
      nighttime economy.
    3. Explore alternative, more attractive incentives for developers to include suitable, affordable performance spaces for small and emerging arts groups.

    Status: The Montgomery County National Park and Planning Commission finalized in 2014 the Zoning Rewrite for the county which ultimately, updated zoning codes and the zoning map that helped address the recommendations listed above. One remaining opportunity revolves around understanding the opportunities available under the Arts & Entertainment Districts. The Department of Economic Development is helping draft information both for the Planning Department and other entities on the Arts & Entertainment Districts but also other related tax incentives that exist for developers including Enterprise Zones, Façade Improvements, Green Building Codes, the Public Art amenity, just to name a few.

Recommendations being Implemented (in progress)

  1. Recommendation: Improve awareness of parking options.
    Status: All three urban districts are in agreement in utilizing and promoting the ParkMe application (www.parkme.com) for visitors and consumers, which is the preferred application by the Montgomery County Parking Lot District.
  2. Recommendation: Marketing County business resources and assets.
    1. Market A&E districts and county business resources to property owners.
    2. Create, develop, and implement a marketing program for the County.

    Status: These above recommendations are being advanced by multiple partners. The three A&E districts are exploring Placemaking options to enhance urban vitality and an inviting atmosphere that include both daytime and nighttime hours. The Office of the County Executive is taking a lead on developing a comprehensive economic strategy that will include better alignment of place-based economic development and program- based economic development. It is also in the middle of a multi-year marketing and branding project with several short-term projects to be delivered in spring 2015.

  3. Recommendation: Develop and implement a busker program to provide entertainment in urban areas.
    Status: The Silver Spring Regional Center and the Montgomery County Innovation Program has been developing the idea of a busker program to be piloted with the Silver Spring Arts & Entertainment Advisory Committee, the Silver Spring Citizens Advisory Board and Silver Spring Urban District Advisory Committee. This group has been working on several areas including Identifying Potential Busking Areas, Developing the Specific Parameters for Busking, Enforcement, and Promotions and Marketing.
  4. Recommendation: Enhance pedestrian and bicycle access.
    Status: Bethesda, Silver Spring, and Wheaton are all moving forward to achieve this goal based on their unique needs. Bethesda has made a top priority improving lighting. Silver Spring and Wheaton have made has made pedestrian walkability a top priority through lighting, walking and biking accessibility.
  5. Recommendation: Create Urban Parks Guidelines to activate public space through design elements, enhance the greater community, and foster multiple uses to appeal to a range of demographics at different times.
    Status: The Department of Parks is working with Planning on efforts to activate spaces such as in Silver Spring, especially in areas that are not public parks but are public properties or quasi-public such as WMATA, while developing guidelines for new development particularly within urban areas to help define and develop spaces that can foster activity both during the day and evening.

Recommendations being further evaluated

  1. Recommendations: Developing transportation options.
    1. Expand the “Safe Ride” program to all weekends (Friday evening through early
      Sunday morning).
    2. Increase the number of taxi stands.

    Status: Due to the changing market and new players like Uber that are challenging existing regulations and established players like taxis, the Council is working on addressing taxi regulations that will help address the recommendations moving forward.

  2. Recommendations: Business Services Tailored to the Small Business Community.
    1. Create a concierge service that promotes positive customer service, assists with streamlining the planning and permitting process, and facilitates working relationships with multiple departments for the business consumer.
      Status: Several departments provide concierge service to small businesses including the Department of Economic Development, the Department of Liquor Control, and the Department of Permitting Services.
    2. Recommendation: Simplify and streamline the process businesses must go through in order to open an arts and entertainment venue or hold an arts and entertainment event.
      Status: The County Council has just approved a new Ombudsman in the Office of the County Executive for commercial and residential development projects who will report directly to the Chief Administrative Officer. DPS has consolidated the permitting process to support new and existing restaurants through its “Recipes for Success Packet” to explain the process of opening a restaurant in Montgomery County.
  3. Recommendation: Develop a targeted strategic plan for attracting new companies to the County, fostering entrepreneurship, and growing our existing businesses based upon the target markets.
    Status: The Comprehensive Economic Strategy underway will address the above issues and serve as a comprehensive blueprint for Montgomery County’s future economic success, including how retail and placemaking can support an overall economic vision and vitality. Achieving this recommendation would require further research into the retail inventory in the county’s urban centers ultimately leading to the creation of a retail plan for the county. This would help show gaps in retail, especially with those that are and/or can become retail destinations. That information would then lead to the strategic and targeted company attraction referenced by the task force.
  4. Planning and Development
    1. Recommendation: Reduce opportunity for crime in urban areas by incorporating Crime Prevention through Environmental Design (CPTED) techniques.
      Status: This is a shared responsibility between a cluster of departments including Maryland National Capital Park and Planning Commission, General Services and the urban districts in creative placemaking to eliminate dead spots and create an inviting atmosphere at the urban centers.
    2. Recommendation: Encourage more housing options.
      Status: Two issues related to housing options need to be addressed–the size of dwelling units and the parking standards for these developments that need to be further explored.
  5. Transportation Options at Night
    Recommendations:

    1. Improve/expand the circulator service in focus areas.
    2. Expand the frequency and reach of late-night transit service.

    Status: All three urban districts would encourage WMATA to extend hours on weekends to 3am, especially with the extension of hours to 3am in FY15. Additional bus service should be considered if demand increases over time.

  6. Urban Districts Support and Development
    Recommendations:

    1. Support dedicated public safety resources for the nighttime economy in high density
      urban centers.
    2. Increase funding for Business Improvement Districts and Urban Districts.
    3. Professionally manage and maintain public spaces through the private sector or
      through public-private partnerships (similar to the Bethesda Urban Partnership). Urban District would like to increase coordination with MNCPPC as Optional Method Developments (OMDs) come on board within the districts to activate public and private spaces.

    Status: These are long-term, broad-based recommendations, most of which will be supported as demand for services increases over time, especially for police and the urban districts services in each area. To sustain this enforcement would certainly require identifying the related departments and future funding sources, especially as it pertains to the urban districts. How this is achieved depends heavily on the types of services to be delivered in each urban district or new ones identified over time.

  7. Urban Noise Areas
    Recommendation: Amend the County’s noise ordinance to allow for the establishment of Urban Noise Areas around appropriate locations (e.g., Rockville’s Town Square, Silver Spring’s Veteran’s Plaza and downtown); increase the allowable noise levels for qualifying arts and entertainment activities in these areas to 85 dBA (measured at 100 feet from stage, PA, or other center of the performance); increase the time allowed for these levels to midnight; and ensure that nearby residents are informed prior to moving in of the possibility of event-related noise.
    Status: There are some policy considerations about the recommendation of the NETF, which is a “one-size fits all” approach that proposes a noise standard that could allow much higher noise at receiving properties than currently permitted under Chapter 31B. The recommendation also proposes a different approach to regulating noise than the current noise law by regulating the level of noise a source is permitted to produce rather than the level of noise heard by a receptor. This ignores the reality that different locations have different characteristics, and that what is reasonable at one location may be unreasonable at another. For these reasons, DEP believes it would be prudent to establish specific parameters for each UNA depending on the characteristics of the site. Some policy guidance would have to be provided regarding the balance between those entities creating the noise and those affected by it.

Recommendations no longer applicable or supported
The below recommendations are not being actively supported by the County government at this point for various reasons.

  1. Recommendation: Allow food trucks to operate after 10pm.
    Status: Montgomery County government is exploring options for mobile vending for all hours, not limited to nighttime hours.
  2. Recommendation: Artist tax that would incentivize venues that pay musicians to performance.
    Status: This recommendation is deemed a low-impact measure and thus not supported at this time.
  3. Recommendation: Development of Large-Scale Nighttime Events.
    Status: All three urban areas are concerned about large scale events that may compete with surrounding businesses.