Reply to Schools near metro will get more housing without overcrowding relief

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The actual bill is #484 in the MD Senate and #835 in the House.  You can review it at

https://mgaleg.maryland.gov/2024RS/bills/sb/sb0484f.pdf

It's more than development near transit.  That's the second of three categories, and is anything within a mile of any passenger rail station.  (Hellllooooo Garret Park!)

The first includes any property that was formerly owned by the State (no specification of how long back, so it could be anything that MD owned in, say, 1835) with a building over 50 years old.

The second includes any land owned by a nonprofit (e.g., house of worship).

There are variations in that which is forced to be allowed for the various subsections, but they follow the themes of increased density above anything permitted by local zoning (e.g., expressly allowing "middle" housing/2-. 3- & 4-plexes and townhouses in SFH-zoned areas) and affordable housing (per their definition, housing cost at or below 18% of the area median household income).

7-105, as a whole, says that state-funded projects (Federal or MD, in whole or in part) can't be restricted by "adequate public facility law" (this is where school-capacity limits come in), whether related to density or to something else that would affect the "viability" of the project, which could mean just about [i]anything[/i] that would make it harder to build.

There are other parts where somewhat vague or open-ended wording can be used to justify a lot that might not be immediately apparent.  For example:

7-505 (6), states "Similar requirements" to height, setback, and others.  There's so much that could go in that bucket.

IMO, [b]forcing development without ensuring adequate public facilities is a sure-fire way to create poor living conditions, whether from sprawl (housing far out without, e.g., effective public transportation) or from slums (housing close in without, e.g., proper school capacity). [/b] Those advocating for this bill are effectively supporting the latter.

The bill apparently already had its day with the Delegates.  The MD Senate is set to discuss it up at 9 AM tomorrow.[/quote]

Thank you for this detailed post.  I hope people read it and that it makes them think (at the very least).  And, maybe share this information with others.  [/quote]

Except that it is wrong.  The ONLY part of the bill that allows for development without taking into account public facilities (school crowding) is state-funded affordable housing projects.  This is section 7-501.  This is a very narrow subset of development that must by definition be providing needed affordable housing, not luxury condos.

For everything else, impact on schools is still considered in granting a permit.[/quote]

Except you didn't read the post before calling it wrong.  It clearly points to section 7-105 and federal/state-funded development when referring to school capacity exemption; section 7-501 (your mention) is just the definitions section of the statute.  The post made no mention of luxury condos.

Separately, many of the affordable housing developments to which sections 7-502 (prior state-owned), 7-503 (within a mile of passenger rail) and 7-504 (owned by a nonprofit) apply would qualify for Federal or state funding support of some sort, which would then make them subject to section 7-105's restriction against localities considering adequacy of public facilities (e.g., schools).

[b]It's still a bad idea not to have infrastructure,[/b] including school capacity, for new housing, whether that development is funded by the state or not.  One might think about that a bit, and realize that the net result of 7-105 would be exactly the creation of more under-served communities that was mentioned.  For those who, one might think, would most need those services, particularly education.[/quote]

Does the bill ban new schools? Because if not, it seems like you should be busy advocating [u]for[/u] more schools instead of [u]against[/u] more housing.[/quote]

Straw man, there, or non sequitur, at best.

Plenty, myself included, have advocated for schools -- more and better.  [b]I am not advocating against housing[/b], but the adequate public facility statutory/regulatory framework was put in place to ensure that school funding, among other essential infrastructures.  Kneecapping it is not necessary to promote affordable housing; what [i]is[/i] necessary is the public will to fund affordable housing efforts [i]at levels that make those adequate public facility guardrails work.[/i]

But that's not what we have, here, with SB0484/HB0538.  That's more of an unfunded mandate from the state to the localities, and, again, sets those new affordable housing-residing citizens up to live in an area without adequate public facilities.  They don't win...

Those others already in the community dealing with further overcrowding don't win...

Let's advocate for housing [i]and[/i] schools, instead of dividing the issue, addressing only one side and demonizing those who object to that approach.[/quote]

I agree with you: let's argue for housing AND schools. Unfortunately, you are arguing against housing.[/quote]

By that same straw man, you'd be arguing against schools.

The point is to enact legislation that properly covers both housing and schools at once, instead of supporting legislation that covers housing at the expense of schools, without guarantee of legislation to fill the gap.  Anyone paying attention over the past 20+ years or more knows that adequate school funding doesn't magically follow.[/quote]

Why is that the point? Let's support housing. Let's support schools. Your position - I oppose this more-housing bill because it doesn't also include more schools - is opposing more housing.[/quote]

DP bill it’s so hard to have a proper conversation with some of you.  :roll:  :roll: [/quote]

There  is sufficient housing but insufficient schools. Let's fix this before making things even worse with more developer giveaways.[/quote]

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