Process for Stormwater Permit

Stormwater management is regulated by the City of Takoma Park. The purpose of the stormwater permit process is to ensure the safe conduct of stormwater runoff for certain properties when being developed or expanded. It identifies both quantitative aspects (volume) and qualitative aspects (pollution removal). The permit requirements are identified in City Code, Section 16.04.140 and are based on the Maryland Dept of the Environment Stormwater Management Design Manual. The Maryland Manual defines the scope and extent of Environmental Site Design (ESD) elements and how they can be quantified to achieve ESD to the Maximum Extent Practical (MEP) as defined by law.

All institutional, commercial or industrial construction projects within the City limits require a stormwater permit, regardless of the size of the project. (For residential construction, the project must disturb 5,000 square feet in order to require a permit.)

The process includes three steps:

• Concept Plan Review,
• Site Plan Review,
• Final Permitting.

For residential projects and smaller commercial projects, the concept and site plan review phase can be combined. During the Site Development phase of the permit process, the City will require geotechnical analysis, both for construction and for the stormwater features of the building. The final step concludes with issuance of a stormwater permit, providing the plans have been verified and meet the requirements.

Sediment and erosion control are a process overseen by Montgomery County, through the Department of Permitting Services. An applicant is required to apply for a Sediment and Erosion Control permit, as per the requirements of the County’s construction permitting process. The City does not review or issue approval for sediment and erosion control. However, the City works with the County inspector to ensure that the permit conditions are being followed and reports any perceived violations to the inspector.

The requirements for stormwater management are specified by City Code (Title 16), which references adherence to the Maryland Stormwater Design Manual (MDE Manual), and State of Maryland requirements outlined in Maryland Stormwater Design Manual:
https://mde.maryland.gov/programs/water/StormwaterManagementProgram/Pages/stormwater_design.aspx .

The MDE Stormwater Management Manual and the City’s permitting process and review guidelines are detailed on the City’s website:

• https://takomaparkmd.gov/services/permits/stormwater-permit-application/
• https://takomaparkmd.gov/government/public-works/stormwater-management-program/

The vacant hospital campus is approximately 20 acres, and the proposed Minor Master Plan amendment requires that “Redevelopment on site should be addressed under a single Sketch Plan application to the greatest extent practicable to ensure the site as a whole meets the recommendations of this Plan.”

The site currently has no stormwater management quality controls and all run-off from the site flows to the surrounding area and into Sligo Creek through over land sheet flow or via a limited number of inlets and discharge pipes. The stormwater management requirements for the site will require treatment of 50% of the run-off from the existing impervious area and treatment of 100% of run-off from the new impervious area added over the existing impervious area for the one-year storm.

The proposed stormwater management plans may include a number of different measures:

• green roofs,
• bioretention facilities,
• permeable paving,
• infiltration basin,
• riparian buffer
• and other options.

County requirements include a 100-foot buffer from the stream for any new development.

Process for Tree Removal & Tree Protection Permit

While the County does have tree replanting and protection requirements for development projects, the City maintains separate requirements related to tree removal and protection.

When a final site plan is determined, a developer will formally apply for the tree removal and Tree Protection Plan permits, if necessary. The City’s arborist will review the applications and assess the final number of tree replants as well as the conditions for tree protection. The City’s tree removal permit process requires the planting of replacement trees or payment of fee in lieu.

The details of the tree removal permit process are on the City website:

• https://takomaparkmd.gov/services/permits/tree-permits/tree-removal-permits

The details of the Tree Protection Plan requirements are on the city website:

• https://takomaparkmd.gov/services/permits/tree-permits/tree-impact-assessment-and-tree-protection-plan

The City Council is seeking applicants for the 2023-2024 Takoma  Park Youth Council.

Application Form

Applications have been extended for the Takoma Park Youth Council until Friday, August 25.

The Takoma Park Youth Council was established by the City Council:

1. To provide an opportunity for the youth of Takoma Park to acquire a greater knowledge of and appreciation for local government through active participation in the system.
2. To help the City Council to address problems and accomplish the goals of this community by working directly with the representatives of youth.
3. To serve the youth of Takoma Park by:
   • informing the Takoma Park municipal government of the needs and wishes of youth;
   • planning and implementing social, educational, cultural and recreational activities for the youth;
   • working with the Mayor, City Council, City department heads, schools, civic clubs and service organizations to provide service and leadership opportunities for the youth of the City; and,
   • helping to instill a feeling of positive self-worth and esteem, teaching respect for the rights of others, and promoting community pride.

Youth Council members receive SSL hours for their service!

Youth Council Charter

Youth Council web page

Please contact Jessie Carpenter, City Clerk, with questions or requests for additional information: jessiec@takomaparkmd.gov or 240-723-0437.

The Maple Avenue Connectivity Project aims to redesign the roadway on Maple Avenue to prioritize the safety, comfort, and convenience of adults and children who walk, ride bikes and scooters, and take transit. In the process, we hope that it will make driving a car safer, too!

Maple Avenue is one of the most diverse roadways in the city. The one-mile corridor from the DC border to Sligo Creek Park traverses through three wards, past some of the most expensive single-family homes and some of the densest, most affordable apartment buildings

Along the route, there are:

• a public elementary school,
• a church,
• senior living services,
• public parks,
• the city services contained in the Community Center (library, city offices, recreation spaces, and the police department),
• and local retail shops.

The route is a vital transportation connection for public transit riders, hundreds of students and families walking to school, and bicycle commuters and recreationalists accessing the Sligo Creek Trail and DC’s bike lane network.

The Maple Avenue Connectivity Project, a reboot of the project previously known as the Maple Avenue Complete Street project, will spend Fall 2023 re-evaluating past preliminary designs for the roadway. There were many strong elements to the previous version, but we also heard from many corners of the community that more time was needed to create a design that is maximally inclusive and effective in creating a sense of safety and accessibility. Feedback will be gathered during a series of pop-up workshops along the corridor, focus groups, and a large format community meeting during the months of August, September, and October. 

Once a revised preliminary design is completed, the city’s consulting team, RK&K, will advance to a more detailed stage of design, known as semifinal or 60% design plans. In this stage, the broad brushstrokes of the preliminary designs are refined with more  technical analysis and permitting b in order to advance the design. Also during the early part of this stage, additional rounds of community feedback will help guide the design refinement. A complete, semifinal design plan is expected by Summer 2024, and a complete final design plan is expected by Fall 2024.

To find the schedule of community pop-ups, as well as information about the project and how to sign up for regular project updates, visit the project website: https://bit.ly/MapleAvenueConnectivity.

The Minor Master Plan recommends preserving and improving existing affordable housing in the area while supporting the creation of a diversity of new market rates and affordable housing. The Plan proposes the increase of affordable housing opportunities and sets the benchmark of achieving no net loss of affordable housing (Public Hearing Draft Section 3.3.2).

The Minor Master Plan is  built on the goals of Thrive Montgomery 2050, which strive to make housing more affordable and attainable both through new construction and preservation. The Plan proposes new zoning for Maple Avenue from Philadelphia Avenue to Sligo Creek Parkway. The purpose of the new zoning is to clean up old zoning that is obsolete, to make existing buildings compliant with zoning laws, and to allow for a mix of both commercial and residential uses.

Existing Conditions

The current zoning in the Maple Avenue District is predominantly residential, with an overlay zone which allows for small amounts of retail. Most of the Maple Avenue properties are zoned R-10, the densest residential zone, and a few are R-20, moderately dense residential. Under current zoning, in an R-10 district, multi-unit properties may be redeveloped under the standard method to a maximum height of 100’. Currently, several of the largest buildings in the District are 12 stories, with a maximum building height of 17 stories. Most of the buildings were constructed in the 1950s and 1960s, and many are in need of reinvestment to ensure quality, affordable housing.

There are approximately 1,260 housing units in the Maple Avenue District;  condominiums make up 16 percent of the units; approximately 40 percent are market-rate rental units governed by the City’s rent stabilization laws; and 44 percent are affordable rental units, also known as “deed restricted subsidized housing”.

Affordable Housing and Market Rate Housing:

The City of Takoma Park has policies in place that offer protections for current renters on Maple Avenue. It is a multi-layered picture of how rent-stabilization policies, for-profit building owners, and non-profit affordable housing providers create and manage housing in the community.

Condominiums

Condominium units are individually owned and taxed, just like single-family homes. A condominium property is governed by a condo board, who oversees property improvements and maintenance. If a condominium owner decides to rent their unit, that rental unit would be subject to the City’s rent stabilization ordinance.

Market Rate

The City’s rent stabilization ordinance first implemented over 40 years ago, allows landlords to use the first five years after the creation of the rental unit to establish the base rent.  After five years, the landlord may only increase rent by a factor of inflation, as identified by the annual Consumer Price Index (CPI-U) adjustment. (3.7% in FY24).  In Montgomery County, larger multi-unit development is also impacted by the Moderately Priced Dwelling Unit (MPDU) law, which requires development to set aside at least 12.5% of new units for residents making no more than 65% AMI (for garden-style apartments) or 70% AMI (for high-rise apartments).

Deed-Restricted Subsidized Housing

There is a category of housing that does not fall under the rent stabilization laws of the City because it is “deed-restricted subsidized housing,” meaning there are covenants and easements on properties to guarantee units remain available only for low-income households. The federal Housing and Urban Development (HUD) Department and other affordable housing financing programs will set maximum allowable rents for deed restricted subsidized housing. The maximum rents are set so households pay no more than 30% of their annual income in housing expenses.

The existence of Takoma Park’s rent stabilization ordinance has succeeded in preserving highly affordable rents in the City as compared to the broader Washington Metro region. The below compares regional median rents based on the American Community Survey (ACS) 5-Year data survey. In Takoma Park, 93% of non-subsidized, market-rate rental housing rents at below the maximum federal limit for low-income (50% AMI) households.

Regional Median Monthly Rents

Diversified Housing:

In the Washington area, there is a shortage of housing. Takoma Park generally has two types of housing available: affordable apartments, or single-family housing, which in today’s market is out of reach of younger or lower income residents. The City  lacks the diverse housing options needed for an economically, socially and racially diverse community.  In October, 2019, the Takoma Park City Council adopted the Housing and Economic Development Strategic Plan. The overarching themes of the Strategic Plan are to:

• Preserve existing businesses and affordable housing in Takoma Park, including in revitalizing areas;
• Produce more housing and opportunities for businesses to start and grow across the income spectrum and in neighborhoods across the City to meet the diverse housing and economic needs;
• Protect renters, homeowners, and local businesses from discrimination and displacement; and protect our environment from destruction.

The Strategic Plan includes details under each category: The following objectives are listed under “Produce:”

1. Increase the number of units and variety of housing types across the affordability spectrum that are attractive to a diverse demographic and do not result in economically segregated communities or increase existing economic segregation.

2. Encourage the construction of new moderate and higher density infill commercial, residential and mixed-use development and redevelopment, consistent with the recommendations of the City’s Sustainability and Climate Action Plan.

https://takomaparkmd.gov/initiatives/project-directory/housing-and-economic-development-strategic-plan/

The Draft Minor Master Plan also presents recommendations for housing production, affordable housing production and preservation of housing and affordability. The following recommendations are for Housing Production:

• Support a creative diversity of housing options including personal living quarters and/or micro units; “missing middle” housing types such as tiny houses, cottages, duplexes, townhomes, multiplexes, and small apartment buildings; shared housing, cooperative housing, co-housing, live-work units, and accessory dwelling units (ADUs), to help meet housing needs and diversify housing options.
• Provide financial and other incentives to boost housing production for market rate and affordable housing, especially near transit and in Complete Communities.
• New housing developments in the Plan Area should strive to increase the quality and quantity of housing units that are accessible to people with disabilities and older adults.

Public Hearing Draft Spring 2023 (3.3.2.1) (p.68-70)

Source: Montgomery Planning

1. What is the purpose of the Planning Board work sessions?  How is a given topic selected and by whom? 

Maryland law requires the Planning Department to conduct a “comprehensive review” of the numerous aspects related to land development (e.g., land use, environment, transportation, schools, and more) before zoning can be changed for a defined Plan Area.  As also required by the law, the Planning Board holds a Public Hearing on the Public Hearing Draft Plan to receive public comment.  Oral testimony provided at the Public Hearing and written testimony provided to the Planning Board within the designated timeframe collectively constitute the Public Record for the plan.  To restate: the purpose of the Public Hearing and the Public Record is to receive testimony.  The Public Hearing does not include discussion of the testimony provided. 

The purpose of work sessions is for the Planning Board to discuss the comments received on the Public Record and determine if zoning, text, or other changes are needed to the Public Hearing Draft Plan.  After reviewing the Public  Record, Montgomery Planning staff will schedule work sessions during the Planning Board’s regular meetings, with recommended topics to discuss at each.  The Planning Board ultimately determines the topics to be addressed at a work session.

2. How does a Planning Board work session function?  Who leads it and who participates?

Planning Board work sessions are held during the Board’s regular public meetings online and in the 2nd Floor Auditorium, M-NCPPC Wheaton Headquarters, 2425 Reedie Drive. A staff report is posted one week before the work session that will outline the topics recommended for discussion.  The Planning Board Chair leads the work sessions and facilitates the conversation between staff and the Planning Board on the issues being discussed at that session. At the Chair’s discretion, other individuals may be permitted to answer specific questions raised by the Planning Board.  During each work session, the Planning Board will direct staff to make any changes to the recommendations or may ask for additional information to be presented at a subsequent work session. 

3. What is the product of these work sessions and what time is allowed to reach a conclusion or recommendation?  

During each work session, the Planning Board will direct staff to make any changes to the recommendations or may ask for additional information to be presented at a subsequent work session. The Planning Board will decide how many work sessions are required.  After the Planning Board has reviewed and addressed at work sessions the issues raised on the Public Record, at a final work session Planning staff will present an updated version of the Public Hearing draft that reflects the Planning Board’s changes.  At this work session, Planning staff will request that the Planning Board approve designation of the updated Public Hearing Draft Plan as the Planning Board Draft Plan, which will be transmitted to the County Council for their review. 

4. What happens with findings or recommendations developed in the sessions? 

During each work session, the Planning Board will direct staff to make any changes to the recommendations.  After the Planning Board has reviewed and addressed at work sessions the issues raised on the Public Record, at a final work session Planning staff will present an updated version of the Public Hearing draft that reflects the Planning Board’s changes.  At this work session, Montgomery Planning staff will request that the Planning Board designate the updated Public Hearing Draft Plan as the Planning Board Draft Plan, which will be transmitted to the County Council for their review. 

5. How much of a work session is shared with the public?

All of the work sessions are public.  Planning Board work sessions are held during the Board’s regular public meetings online and in the 2nd Floor Auditorium, M-NCPPC Wheaton Headquarters, 2425 Reedie Drive. A staff report is posted one week before the work session that will outline the topics recommended for discussion.  As part of the regular agenda, each work session is recorded and streamed live as part of the Planning Board meeting. You can access live an on-demand videos on the Planning Board’s website.  

Source: Montgomery Planning and City of Takoma Park

The Draft Minor Master Plan Amendment proposes the implementation of a few new zoning types for this area of the city. The Commercial/Residential (C/R) Zones are a family of mixed-use zones that allow a range of densities and heights. These zones are designed to encourage a mix of commercial and residential uses, create interactive streets, provide meaningful public spaces and foster jobs and services where people can live, work, shop and play within a given neighborhood.

The family of zones allows for a range of densities and heights – as low as 0.25 floor area ratio (FAR), near single-family neighborhoods, to 8.0 FAR, which may be used in areas with direct access to Metro Stations such as our Central Business Districts. Within this range, master plans use the flexibility of the zones to ensure that development fits within the context of each community. The density and height limits included in the zoning create a ceiling for what can be developed; a developer is able to build to lower densities or heights.

There are three Commercial/Residential Zone classifications which define the types of uses and the method of development allowed:

• CR Neighborhood (CRN)
• CR Town (CRT)
• Commercial Residential (CR)

The CRN zone allows standard method development; the CRT and CR Zones allow standard and optional method development. Optional method development requires the provision of public community benefits, which are based on a point system specified in the zoning ordinance. Public community benefits might include dedicated public green space, public recreation or meeting facilities, improved bike or pedestrian infrastructure, etc. Standard method development is the baseline set of parameters defined by the zone type; if a proposed project falls within those, then there are usually no requirements for added public community benefits.

By creating CR zoning classifications for neighborhood, town, and metro settings, the zones offer:

• ways to soften the transition between mixed-use and residential areas
• address concerns about the proximity of some uses to single-family residential properties
• create rules for parking and drive-through design
• For example, more intense uses are prohibited or require a public review process to mitigate impacts with increased setbacks, screening, or noise/light abatement. In addition, public benefit requirements are adjusted for small properties and lower density areas to address concerns about revitalization and redevelopment in particular areas.

To learn more about the details of the different zoning types, visit https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md_zone2014/0-0-0-60221.

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Given some community questions about climate assessments for master plans, the Montgomery County Planning Department would like to provide additional information about the County Council’s requirement to conduct climate assessments for master plans.

As part of its consideration of legislative matters and typically prior to its public hearing, the County Council requires different types of impact statements or assessments. These include economic impact statements for county bills and racial equity and social justice impact statements for bills and zoning text amendments (ZTAs), all of which are prepared by the county’s Office of Legislative Oversight (OLO). Impact statements produced by the OLO can be accessed here. The Council also requires fiscal impact statements for bills and master plans and climate assessments for bills, ZTAs and master plans.

In July 2022, the Montgomery County Council passed Bill 3-22, “Climate Assessments”. This law requires OLO to conduct climate assessments of county bills starting January 1, 2023 and requires the Planning Board to conduct climate assessments of ZTAs and master plans starting March 1, 2023. This law updated a previous requirement that began in 2008 for the Planning Board to provide a carbon footprint analysis for master plans transmitted for County Council review and approval. That previous requirement specifically directed the Planning Board to assess a master plan’s potential impact on greenhouse gas (GHG) emissions in the county, including a carbon footprint analysis; to consider ways to reduce vehicle miles traveled (VMT); and consider options that would minimize GHG emissions. Accordingly, for 15 years between 2008 to early 2023, when the Planning Board transmitted a master plan to the County Council for final review and approval, the Board also provided a carbon footprint analysis. These carbon footprint analyses varied from a one-page assessment to a more detailed analysis, depending on the scope of the plan.

Both the current climate assessment requirement and the previous carbon footprint analysis requirement apply only to the Planning Board Draft Plan that is transmitted to the County Council for final approval, and not to the Working Draft Plan or Planning Board Public Hearing Draft Plan that are prepared by the Planning Department for Planning Board review prior to Council review.

Bill 3-22’s requirements for what issues are to be considered in a climate assessment apply to both OLO’s climate assessments as well as those provided by the Planning Board. Bills, ZTAs and master plans are to be assessed for potential impact on GHG emissions, carbon sequestration, adaptive capacity to climate change and community resilience. The law allows for qualitative or quantitative analysis. OLO and the Planning Board (through the Planning Department) are responsible for developing their methodologies to comply with the law. The Planning Department’s methodology as approved by the Planning Board can be found here.

Environmental considerations, and more specifically potential impacts of climate change and how to address them through land use policies, are a major component of master plans. Area master plans typically include recommendations to address environmental issues and the impacts of climate change on particular communities. Montgomery Planning staff incorporate these considerations during each phase of the master plan process—scope of work, community engagement, Working Draft Plan development, and Planning Board review, culminating in the Planning Board Draft Plan approved by the Board that is transmitted to the Council for its final approval.

Climate assessments are one tool the Council considers during its review of master plans, but they are not part of the master plans and therefore not approved by the County Council. Master plan recommendations that address climate impacts are the ones that receive final adoption by the County Council and then are implemented by public agencies and the private sector over multiple years.

As noted earlier, climate assessments for bills, ZTAs and master plans are requirements for the County Council’s process and must reflect the item as transmitted to the Council for its review. Master plan recommendations can change during Planning Board review, therefore the climate assessment cannot be completed until the Planning Board Draft Plan is approved by the Planning Board to be transmitted to the Council.

Community members have multiple opportunities during the master plan development process led by the Planning Department, the Planning Board’s public review, and the County Council’s public review before final approval to provide feedback on climate-related issues and draft recommendations. We encourage community members to review the current draft for the Takoma Park Minor Master Plan Amendment and to participate in the upcoming Planning Board public hearing. After transmittal to the County Council, the Council will hold its public hearing on the Planning Board Draft Plan. The climate assessment will be available no later than seven days prior to the Council’s public hearing.