New Legislation Strengthens Review of PUD Proposals

On Monday, June 5, the Baltimore County Council passed Bill 42-12, which modifies elements of the Planned Unit Development process.  A Planned Unit Development is a special project which does not conform to conventional zoning. In return for different zoning standards, the developer is expected to adher to more rigorous review than normal projects, and there must be a community benefit package.

The current County Council has enacted several reforms to make the Planned Unit Development process more accessible to the public. The Council passed legislation that requires a public input meeting and agency comments at the very beginning of the PUD process. A PUD proposal must now be on-line, and a land preservation group such as NeighborSpace of Baltimore County can now qualify for the community benefit package.

Bill 42-12 continues these reforms. The legislation has several important elements.

First, the legislation clarifies that the second, post-submission input meeting occurs between 21 and 30 days after a PUD application is filed.

Second, Bill 42-12 requires that meeting minutes be posted on-line.

Third, Bill 42-12 specifies that the Departments of Environmental Protection and Sustainability, Planning, and Public Works, will review the application.

Fourth, Bill 42-12 says that the comments by these agencies will be posted on-line, where the public can see them.

Fifth, the legislation states that final review by the hearing officer is based on a determination that the proposed PUD meets the Master Plan, community plans, or the Department of Planning.

Sixth, the legislation spells out the process by which a material amendment to an approved PUD may be considered.

These changes will result in perhaps the most open, transparent process possible for a proposed development in Baltimore County. As a former President of the Perry Hall Improvement Association, I often struggled with obtaining minutes or agency evaluations of proposed developments. With Bill 42-12, the information is on-line and there is ample opportunity for public comment.

It is important that you know the reforms included in this bill, since you may not read about them elsewhere.

New Laws Protect Open Space, Reform Development Process

The current Baltimore County Council is now 18 months into its term. With five freshmen, this Council has brought new ideas and energy to the table, particularly in the area of planning, zoning, and development.

Bill 2-11 created the Baltimore County Pedestrian and Bicycle Advisory Committee. Already, we are seeing a renewed interest in new trails and sidewalk projects. Our office is working to extend the Indian Rock Park trail in Perry Hall and create bike lanes in the Towson area.

Bill 3-11 requires a Community Input Meeting for a new development to be closer to an affected neighborhood. I introduced this bill because I remember when Perry Hall residents had to travel to the Rosedale library to learn about a project in their own backyard. The same thing happened in Carney, where residents were required to go to the Perry Hall library even when there were closer places to meet.

Resolution 29-11 directs the Planning Board to review whether zoning regulations can better stimulate Transit-Oriented Development.

Many of our bills have reformed the Planned Unit Development process. A PUD is a special project that is not contingent on traditional zoning. Planned Unit Developments can play an important role, particularly by encouraging mixed-use development, but they must be done selectively. Bill 36-11 requires a Community Input Meeting and agency reviews before the County Council even considers a PUD resolution.

Bill 64-11 qualifies NeighborSpace of Baltimore County as a community benefit under a Planned Unit Development. Bill 4-12 puts the PUD documents on-line.

I am most proud of Bill 7-12, which creates the first-ever open space zoning designation in Baltimore County, "Neighborhood Commons." We should have areas that are specifically preserved from development. Bill 7-12 gives a County Councilmember this important tool during the rezoning process.

Bill 15-12 gives the public additional notice for a proposed variance or special exception, and it requires these changes to be posted on-line.

Bill 21-12 bans panhandle building lots in Carney, Cub Hill, and Parkville, blocking this type of infill development in a hilly and densely-populated part of Baltimore County.

Bill 23-12 expands the type of projects that can qualify for a property tax credit if the homes meet certain environmental standards. This legislation is good for taxpayers, as well as for the environment.

I worked on many of these bills with Councilman Tom Quirk, who also has a strong interest in planning and development issues. But here's what is extraordinary: not only did the legislation secure support from both Democrats and Republicans, but not a single vote was cast against any of the bills I just mentioned. We will continue looking for ways to advance public participation in the development process.

Legislation Will Further Reform PUD Process

At the Baltimore County Council meeting on Tuesday, January 17, legislation will be introduced that further reforms the Planned Unit Development (PUD) process.  Under Bill 4-11, any PUD application will be posted on the County Council Web Site once the application is filed with the county.

Under a Planned Unit Development, a developer receives zoning flexibility in return for enhanced performance standards and a community benefit package.  While PUDs have been controversial, they can play a useful role in developing and revitalizing communities.  The County Council recognized there needed to be reform of the PUD process, and in 2011, the Council passed legislation that required community input and agency reviews before a PUD resolution is introduced before the Council.  Bill 4-11 takes this one step further by requiring the PUD application to be posted on the Internet.

I commend Councilman Tom Quirk for coming up with this legislation.  I am pleased to cosponsor the bill along with Councilman Ken Oliver, and look forward to its approval.