Testimony - ZTA 08-05 and Twinbrook Sector Plan

Montgomery County Council

May 20, 2008

Good evening, I am Diane Hibino, President of the League of Women Voters of Montgomery County, representing the League’s Agriculture Reserve Committee.

The League of Women Voters of Montgomery County has consensus positions held and updated over the past six years in support of the planning staff's developing a mechanism for designating receiving areas in the CBD zones, transit station areas and town centers for TDRs. In this connection, we support designating the 5^th or so called buildable TDR for use in commercial, office and R&D development.

It is with some frustration that we review the Twinbrook Sector Plan and the ZTA 08-05, the problem being that here is “half a loaf”. While adoption of this plan with the accompanying zoning text amendment would address the issue of using TDRs in transit areas, it does so in such a way as to allow excess TDRs, rather than buildable TDRs, to be used for non-residential development.

The planning staff’s most recent report on receiving capacity for excess TDRs demonstrates that adequate receiving capacity is available in residential receiving areas for all the excess TDRs. Expanding the use of these excess TDRs into non-residential use can only have a dampening effect upon the demand for buildable TDRs in commercial, office or R&D areas.

Because the pressure for residential development in the agriculture reserve is significant, we urge the county to give full consideration to all of the recommendations that the Ad Hoc Working Group on Agricultural Policy made. At this time we urge the county to adopt measures to make a viable market for the buildable TDRs rather than to assign the potential market to excess TDRs. To prevent excessive residential development in the agriculture reserve, at a minimum we encourage a TOMX/TDR zone using only buildable TDRs for non-residential development.

Thank you for your consideration of our testimony.