Zoning change would give developers incentives for open space

By Tracy Smith
Baltimore Watchdog Staff Writer

The Baltimore County Council is considering a bill designed to give developers extra incentives to provide quality open space when they build or redevelop any houses or apartment buildings.

This bill would end a three-year negotiation with home builders, land use attorneys, residents, and NeighborSpace, a nonprofit land preservation organization.

The legislation, which is scheduled to come before the council on Monday for a vote, would still require developers to pay a fee to the county in cases where they are unable to provide open space as part of their projects.

However, the proposal creates a new provision in the county’s zoning regulations that would allow a developer to provide open space off-site when it is not possible for natural or recreational areas to be part of the development’s plan.

The bill also reduces the fee when partial open space is provided or when the development includes amenities such as playgrounds, dog parks or putting greens.

Supporters of the bill say the current law does not provide enough incentives to motivate developers to create desirable open space.

The result, they say, is that much of the space that has been provided as part of development projects has been unusable.  Incentives such as reduced fees are intended to make it more rewarding for developers to include enjoyable space and amenities in their plans.

“It’s a very good bill, I believe, that’s had a lot of people weighing in on it,” said Vicki Almond, the chairwoman of the council who represents the 2nd District.  “It’s something I’m very proud to put forward.”

Open space is land that is either left in its natural state or developed with an amenity, such as a playground or park, that will benefit the community.  The requirement to provide open space applies to any residential development in Baltimore County, according to Bill 73-16.

Under this new bill, open space that is developed off-site should ideally be located within the same council district as the proposed development.  Any exceptions need to be approved by the councilperson that represents that district.

In cases where developers are unable to provide open space on-site or off-site, then a fee must be paid to the county and used in the same district where the property is located.  Twenty percent of the fee would be allocated to NeighborSpace of Baltimore County, Inc.

Despite the fact that Almond considers the bill “ground-breaking legislation,” others in the community expressed their concerns at the council’s work session on Tuesday.

Klaus Philipsen, architect and president of NeighborSpace, acknowledged the progress made on this bill over the last several years.  However, he also reminded the council that it was critical they uphold the principle that every project should bear responsibility for providing open space.

According to Philipsen, privatizing everything has not worked.  Instead, it has left a fragmented system in which open spaces are mostly the “left over spaces” between developers.

“Seventy percent of folks in the county don’t have access to open space in five minute walks,” Philipsen said.  “We have a shortage of open space and the county does not have the parks and amenities and open spaces that traditional cities have.”

Philipsen submitted several amendments for the council to review that address his specific concerns.

Katie Pinheiro, the executive director of The Greater Towson Committee (GTC), shared her reservations regarding the allocation of fees.  She encouraged the county to identify a list of projects that need funding and to make sure that the funds go toward those specific projects before being placed in the general account.

“GTC recommends that assurances be provided that 100 percent of any and all funds paid from development in Towson be allocated to projects in the vicinity of the poor,” Pinheiro said.

How the bill impacts downtown Towson is a concern for residents as well.

Green Towson Alliance member Beth Miller wants to be confident that the legislation will promote exterior open space in the downtown area.  She also expressed her uneasiness that Councilman David Marks, who is currently out of the country, was not present at the work session.

“We do request that you consider his [Marks] ability to respond and perhaps not rush this bill to be voted on the 7th,” Miller said, referring to council’s Monday’s legislative session.

If approved, the bill will take effect on Nov. 21.