Google's Cafeteria and City Planning?

From a post by Cass Sunstein on LinkedIn: What Google's Cafeteria Can Teach Us About Designing Cities

Recap of Planning Board on 4/15/13

Howard County's Planning Board met on Monday in a public work session to review proposed text amendments as part of the comprehensive zoning process. The current Planning Board members are Dave Grabowski, (Chair), Paul Yelder (Vice-Chair) Josh Tzuker, Bill Santos, and Jacqueline Easley.

While there are many proposed text amendments considered by the Planning Board, a few have been particularly interesting:

1. Allow chicken keeping on properties where the lot is greater than 10,000 square feet and there is a single-family detached dwelling, which is occupied as a residence. Residents can have up to 8 hens, and no roosters. This has been well followed in the local news.
2. Require permits of businesses run out of a person's home.
3. Allow granny pods on certain residential properties. Granny pods are portable, temporary housing units which are outfitted with medical monitoring devices. The proposed amendment would allow a second dwelling unit on a lot for the use of an elderly or disabled immediate family member of the principal dwelling unit.

The next scheduled work session is Monday, April 22, 2013 at 6:00pm, in the George Howard Building, 3430 Court Avenue, Ellicott City, MD 21043.

Amended zoning for Normandy approved

From the Baltimore Sun: Howard County Council approves amended zoning for Normandy

HoCoZo

For those of you interested in zoning and development proposals here in Howard County, check out HoCoZo, our blog which posts upcoming pre-submission meetings and related information.

What is Howard County 2012 Comprehensive Zoning?

          Zoning or rezoning in Howard County is primarily conducted in two ways.  Approximately every ten years, the County Council undergoes a legislative process called comprehensive zoning during which county officials review the entire county zoning map, hold hearings, and, ultimately, making a legislative decision about how to best assign zones throughout the county.  In between Comprehensive Zoning cycles, through a process called piecemeal rezoning, individual property owners can petition for a rezoning of a particular parcel of land if the property owner can establish that there was a mistake during the last Comprehensive Zoning cycle that resulted in an incorrect zoning assignment or that there has been a significant change to the area such that the current zoning category is inconsistent.  The Zoning Board (which, in reality, is comprised of the County Council members, but in this forum they are wearing different “hats”) then makes a quasi-judicial determination whether the facts support a rezoning of the property.

       The 2012 Howard County Comprehensive Zoning process has begun. The Howard County Department of Planning and Zoning ("DPZ") will be making recommendations for both "Map Amendments" and "Zoning Regulation Amendments" ("ZRA") to the County Council. A “Map Amendment” is a zoning change that will result in the assignment of a different zone to a parcel or parcels of property during the zoning review process (for instance, a "residential use" property could be changed to a "commercial use" property). A ZRA is a change to the text of the Howard County Zoning Regulations (for instance, the minimum lot size for a residence could be changed to allow more houses in a development).

         In addition to recommendations being made by DPZ, property owners can submit applications for Map Amendments starting October 15 through December 14.  Property Owners may also submit proposals for ZRA's. All of these applications will be reviewed by DPZ, the Planning Board and the County Council. Any requested change must be in harmony with the new General Plan for the County, called PlanHoward2030, which is now in effect and sets the parameters for zoning preferences and sets forth the general land use goals for the County for the next 10 to 20 years.

       Whether or not a property owner wishes to submit an application for a map amendment or ZRA, all residents of the County can find out what changes are being requested and attend the public meetings and hearings to weigh in on proposed changes.   

                             

HoCo Announces Comprehensive Rezoning!

Howard County’s Department of Planning and Zoning announced today that it will launch
 the countywide rezoning process and will be accepting proposals for zoning map and regulation
amendments between October 15 and December 14, 2012. For more information, see the announcement sent out by the county today (.pdf).

North Laurel Residential Development

From explorehoward.com: Proposed residential development in North Laurel gets mixed reviews

Chin Baptist Mission Church granted conditional use

From the Baltimore Sun: Glenwood church gets zoning exception from Board of Appeals

Columbia Bridge

From the Baltimore Sun: Bridge to unite Columbia villages seen as crucial for town

Patty Rouse, widow of James Rouse, passes away

From the Baltimore Sun: Patty Rouse, widow of Columbia founder, dies

Farmers disagree over proposal to relax zoning rules for pick-your-own operations

From Explore Howard: Farmers disagree over proposal to relax zoning rules for pick-your-own operations

NJ Lawyer Loses License for Lying to FBI About Gift of Small Dog to Girlfriend of Zoning Board Member

From the ABA Journal: Lawyer Loses License for Lying to FBI About Gift of Small Dog to Girlfriend of Zoning Board Member

Along with jobs, Fort Meade growth brings traffic concerns

From the Baltimore Sun: Along with jobs, Fort Meade growth brings traffic concerns

Erosion Prevention in Ellicott City

From the Baltimore Sun: Howard moves to stem erosion, pollution in Ellicott City waterway

Forest Conservation

Gorman Park, September 2011

Recently, there have been a few articles in the local press discussing forest sustainability. The Baltimore Sun wrote about complaints from forest advocates regarding development around Patapsco Valley State Park on both December 6 and December 7. After reading these articles, and driving by the Christmas tree lot set up at our local high school, I decided to look into forest conservation in Howard County.

In 1991, Maryland passed the Maryland Forest Conservation Act, which was followed by the Howard County Forest Conservation Act in 1993. These acts require developers to:  

address forest resources during the planning and review phases of land development. Any project proposing to clear or grade more than 20,000 square feet of forested land must provide a specified acreage of forest retention, reforestation, and/or afforestation relative to the proposed extent of forest clearing or grading.

The developer enters into a Forest Conservation Agreement, which is an easement, with Howard County. The developer must provide a Plat of Forest Conservation Easement (Plat), a Forest Conservation Plan (FCP), and a Deed of Forest Conservation Easement (Deed) before the County approves a final development plan. The Forest Conservation Plan details what actions the developer must take for the property in question . This includes whether the developer is engaging in forest retention or if he is to plant new trees within specific easements, including what species and sizes of trees are to be planted, and what protections are to be provided to the easements before, during, and after development.

In the event that there is no opportunity for forest conservation, the developer must pay a fee assessed per square foot of property to be developed.

The Department of Recreation and Parks (DRP) was granted the power to inspect forest easements by the Department of Planning and Zoning (DPZ) in 2001.

Now Agreements permit DRP staff to access easement areas to complete forest conservation inspections and to investigate possible violations of the Howard County FCA.  DRP staff members are directed by County planners within DPZ when to inspect specific forest conservation projects.  The costs of inspections are funded through fees paid by developers to the County.  Investigations of possible FCA violations are initiated by reports from concerned citizens, through the use of aerial photography or Geographical Information System (GIS) maps, and as a result of County personnel discovering a possible violation during the completion of their day-to-day activities.

Howard County requires a two-year survival and maintenance period for all forest conservation projects. Developers are required to post a bond throughout this period to guarantee compliance. A forest conservation project must pass an initial inspection before the two-year survival and maintenance period commences.  The inspection determines whether easement boundaries are correct, if planting and forest retention match the FCP, that protective signs are in place, that any violations are mitigated, that invasive species are being managed, and that the public is being educated.  A plot survey of reforestation and afforestation areas is completed to determine FCP compliance and tree survival.  A survival rate of 90% or better is required to initiate the two-year survival and maintenance period. A survival rate of 75% or better is required after two years.  Inspections may continue until the developer brings the project into compliance with the FCA.

If the DRP determines that there are encroachments or violations during the two-year survival and maintenance period, the developer must correct these issues. After the two-year survival and maintenance period ends, the DRP enforces FCA regulations. The DRP first tries to correct violations through public education and cooperation. After that, DRP can issue warning notices and civil citations to force compliances. Any collected fines fund DRP's restoration plan for mitigation of the site.

Howard County provides the following recommendations for project success in regards to forest conservation:

1. Request an extension from DPZ if a project is incomplete.
2. Verify the installation and replacement of forest conservation signs prior to scheduled inspections.
3. Educate the local community of forest conservation objectives and regulations.  It is best to respond to small problems before they become big problems.
4. Routinely monitor easements to assess tree survival and identify site-specific stressors.  Planting the right trees for a site will cost less than repeatedly replacing the wrong trees.  A developer may need to revise an FCP to deal with a problem.
5. Numerous invasive species thrive in Howard County and are capable of overtaking existing and planted trees.  Once again, routine monitoring and management can prevent a small problem from becoming a big problem.

Howard County Board of Appeals approves farm use as wedding venue

The Howard County Board of Appeals approve the use of a farm on Jennings Chapel Road as a wedding venue and antiques store

Urban Farming

The ABA has a great article on urban farming and the zoning issues that affect it:

http://www.abajournal.com/magazine/article/plowing_over_can_urban_farming_save_detroit_and_other_declining_cities_will

Zoning and the Residential Business

Earlier in the month, Katherine Taylor posted to our blog an article from the Small Business Association (SBA) which highlighted some of the difficulties that residential – i.e. home based – businesses face. The SBA estimates that up to 50% of small businesses are run out of a person's home. With the increasing use of internet tools, such as video-conferencing and online faxing services, those with an entrepreneurial spirit can easily jump-start a company from their garage.  Additionally, with larger businesses employing furlough days and flex-time, traditional corporate work is being performed at home.

Having a home based businesses is not without it's challenges. Zoning laws for home based businesses are often very stringent. The SBA notes that zoning codes frequently prohibit signs, vehicles of certain classes, exterior improvements relating to the business, and outdoor storage. Additionally, zoning codes can limit the number of employees of a home based business and the number of visitors.

In Howard County, there are a few very specific zoning regulations (opens a .pdf) that a home based business should be aware of:

• The home-based business can't occupy more than 33% of the gross floor area of the dwelling OR 800 square feet, whichever is less;
• The business owner can't have clients visit in a detached garage;
• There can be no exterior evidence of the business;
• Only certain occupations are allowed to conduct home-based businesses.

While this is by no means a comprehensive list, it gives a general idea of the difficulties faced by a potential business owner seeking to establish their business out of their home. Some of the regulations are very sensible - let's face it, no one wants a semi-truck rolling up their street at three in the morning so the neighbor can get the latest shipment of widgets; however, in an economy that is not based on manufacturing but on intellectual products, home based businesses are likely to have little impact on the residential characteristics of the neighborhood.

For those looking to start a residential business, the SBA does have a great page on establishing a home based business.