Category: News

D.C. Judge Rejects Constitutional Challenge to Major Affordable Housing Tool

A federal judge has ruled in favor of the District in a four-year case over inclusionary zoning, a policy allowing developers to construct larger buildings than otherwise permitted in exchange for creating affordable units. The case was a touchstone of affordable housing issues in D.C.—leading some organizations to push for improvements to the city’s IZ program.

In December 2012, real estate developer Art Linde brought the suit, via one of his companies, over a 22-unit condo building at 2910 Georgia Ave. NW near Howard University. Linde’s company for the building argued that IZ requirements prevented the developer from making an “economically viable use” of the property. In fact, the building was the first to bring IZ units onto the the District’s housing market—a total of two.

Linde’s lawyers contended that the city’s Department of Housing and Community Development could not supply the developer with any qualified buyers for the two affordable condos. The 20 other condos sold within a few months. The LLC argued that IZ amounted to an unconstitutional taking of property rights as well as a denial of due process and equal protection rights.

On Tuesday, U.S. District Court for D.C. Judge Colleen Kollar-Kotelly denied Linde’s company’s constitutional challenge to the District’s IZ program. In her ruling, Kollar-Kotelly dismissed the company’s constitutional claims while acknowledging that D.C. may have indeed “‘fumbled and bungled every aspect of the IZ Program’s implementation,'” as the developer had stated in its complaint.

“The Court does not intend to minimize Plaintiff’s [2910 Georgia Avenue LLC’s] legitimate grievances with the District’s administration of the IZ Program, or to suggest that the District acted perfectly at all times,” the judge wrote. “The Court merely concludes that at no point did the District’s conduct rise to the level of a violation of the United States Constitution.” D.C.’s IZ program was first approved in 2007 and took effect in 2009, slow to start after the recession.

City Paper has reached out to Linde and his attorneys for comment and will update this post if we hear back. Meanwhile, D.C. Attorney General Karl Racine‘s office says the ruling “is a major victory for the IZ program,” which requires that 8 to 10 percent of a new development’s residential space be set aside as affordable housing. Last year, the D.C. Zoning Commission lowered the income threshold for affordable units through IZ.

“We are committed to using all of the tools in the toolbox to protect affordable housing” via IZ and other legal means, Racine says in a statement.

Kollar-Kotelly’s opinion notes that IZ requirements did not stop the developer of 2910 Georgia Ave. NW “from earning a considerable profit from its property”—some $6 million from the sale of the market-rate units in the building, which resulted in a “20 percent return on their investments.”

Affordable housing advocates praised Kollar-Kotelly’s decision. Cheryl Cort, policy director at the Coalition for Smarter Growth, says IZ “has proven to be a reasonable program for developers and an important development to D.C.’s residents searching for more affordably priced homes.” And Claire Zippel, an analyst at the D.C. Fiscal Policy Institute, notes the District isn’t alone in enacting IZ regulations. “I am heartened but unsurprised by the court’s affirmation of inclusionary zoning, which has worked successfully with the private sector to create hundreds of affordable homes in D.C.—and hundreds of thousands of affordable homes in more than 500 jurisdictions across the country,” Zippel explains.

In January, a majority of the D.C. Council co-introduced a bill that would amend existing IZ law to reflect last year’s changes by the Zoning Commission.

Click here for the original story.

Ridership Losses, But Few Traffic Headaches, From SafeTrack So Far

Metro’s chronic train breakdowns and track problems on top of the scheduled disruptions of the SafeTrack reconstruction program may have alienated riders over the last half of 2016, but the poor service did not result in a traffic nightmare on already congested streets and highways, according to new data compiled by the region’s top transportation planners.

Over the course of 10 “maintenance surges” from June 4 through Dec. 20, 2016, Metrorail lost 16,350 riders per weekday, according to a new study by the Metropolitan Washington Council of Governments (COG) on the first six months of SafeTrack. The number amounts to only 2.6 percent of daily boardings, but millions of total trips nonetheless.

The big picture

Eric Randall, a principal transportation planner at COG, said that overall traffic in the region “was not strongly affected,” by SafeTrack. “We saw traffic effects most strongly in the immediate vicinity to the SafeTrack surge areas,” Randall said.

The localized impacts were felt most during the first surge in June — 13 days of around-the-clock single tracking on the Orange and Silver Lines in Northern Virginia. Average vehicle trip times during morning rush hour climbed 20 percent, and traffic counts performed along Lee Highway (U.S. 29) near the East Falls Church Metro station showed a 5.5 percent increase in cars over the week prior to the surge.

The COG study also found that traffic on I-66, further along the corridor served by the Orange and Silver Lines, actually decreased slightly during SafeTrack surges 1 through 5.

Considering all the variables that can affect traffic on any given day, Randall said the results, while unexpected, were not entirely surprising.

“When a relatively small section of the Metrorail system has no service or reduced service but the rest of the system is by and large operating normally, there’s a ripple effect in that local area, but the overall system doesn’t see much variation,” he said.

Traffic impacts from SafeTrack appeared negligible on most days during surges two through 10, with average travel times actually decreasing during morning rush hour during five of the surges. Data from the study showed that many commuters didn’t trade rail for cars. Across the first 10 SafeTrack surges, five percent of travelers switched to Metrobus, and four percent to other local transit systems, including commuter rail, according to the COG data. The Capital Bikeshare system also saw trip increases during nine of the 10 surges compared to the week before each surge.

Benjamin Navarro,  Falls Church City to Farragut West
“I switched from Metro to car about a year ago. Even though I have guilt about the ecological impact of my decision, the improvement in my quality of life has been positive.”

During the ninth SafeTrack project, a 25-day shutdown of the Red Line from Fort Totten to NoMa, casual and registered users logged 350,000 bikeshare trips, a significant jump from the previous week (50,000 trips).

In all, the region’s transportation system proved resilient as Metrorail riders sought alternatives to squeezing into a train. Demand was intense, as “an average 32 percent of regular Metrorail riders decided to not make a trip” during each surge, according to COG’s report.

Giving up Metro for good

If SafeTrack was a temporary disruption for most riders, some saw a chance to make a permanent break with the subway.

“It’s kind of nice to just have your own car and listen to the radio and be in your own little bubble,” said Matthew Stuart as he steered his new Volkswagen Jetta in bumper-to-bumper traffic in Georgetown.

The 24-year-old is typical of many newcomers to Washington: young, single, living in a studio apartment, and car-free – at least until last September when his tolerance for rail delays expired.

What was supposed to be a one-hour train ride from Northwest Washington to his new job in Alexandria often lasted much longer. He was repeatedly late, irritating his new boss. And the final straw came one morning when his train was offloaded for a mechanical problem just two stops away from his destination, leaving him waiting 20 minutes for the next train to arrive.

“My commute is far more predictable with my car than with Metro, and it’s more comfortable. So how can you blame me?” said Stuart, who said he realizes his choice does not square with the region’s goal of reducing dependency on single-occupant vehicles.

Stuart said SafeTrack, far from assuaging his concerns about Metro’s safety and performance, was producing the opposite effect, by revealing more problems than general manager Paul Wiedefeld believed existed. Stuart said browsing #WMATA Twitter further undermined his confidence in Metro, citing @unsuckdcmetro as one source of consistently negative developments.

Melanie De Cola, McLean to Georgetown
“I opted out of taking Metro for the month of December to avoid SafeTrack surge #11. I found that it was much faster to drive…the Silver Line usually takes 1 hour (on a really good day) to an hour and a half, but two hours is not unheard of and one time it even took me three. I’ve been a loyal Metro rider since I moved back to the area in 2012 but my nerves are frayed and my patience with Metro is gone.”

“It seems to only be getting worse. I was reading an article yesterday about how they had to offload a train because there was a speedometer issue. And as they do the track work, more issues get uncovered,” said Stuart, whose 12-mile drive takes about an hour.

His monthly car payment is $260, more than he would pay for an entire month riding Metro, but he says it is worth it.

“There’s a long road ahead for Metro until it becomes consistent,” he said.

Toll lanes pay off

The commuters who reached for their car keys to avoid the repeated SafeTrack disruptions in Northern Virginia, were well served by the 495 Express Lanes, the high-speed toll lanes that upwardly adjust toll prices as congestion builds.

Nineteen of the toll lanes’ 21 busiest days in their four-year history were recorded between September and December. Four of the 10 busiest days took place during SafeTrack Surge 11, which ran from Nov. 28 to Dec. 20 on the Orange and Silver Lines.  Dec. 15 was the busiest day in the 495 Express Lanes’ existence.

The toll lanes’ operator suspects the Metrorail disruptions played a role.

“It is absolutely critical that we have a strong transit network, and what we’ve seen over the past several months really points to that,” said Michael McGurk, a spokesman for Transurban, a multinational toll lane operator behind the 495 and 95 Express Lanes.

The extra traffic drove up toll prices. The average toll of $4.59 surpassed $6.00 during the busiest days in December, when more than 60,000 cars passed under the electronic toll gantries, a third more than usual.

What’s next?

Transportation planners and transit advocates agree that the region’s ability to handle SafeTrack does not mean Washington and its suburbs can do without a functioning subway system. Working around short-term disruptions does not minimize Metrorail’s long-term importance; job and population forecasts foresee major growth and, with it, a lot more congestion.

Traffic congestion will increase by 60 percent over the next two decades, according to COG, as the influx of drivers outstripping local governments’ capacity to expand the transportation system.

“People will come back to Metro eventually, once the service rebounds. The question is, what will they do in the meantime? Certainly, some people will drive,” said Aimee Custis, deputy director of the Coalition for Smarter Growth.

Custis pointed to surveys that show transit riders are not impressed with frills like on-board wi-fi; they want frequent and reliable service, period.

“I think [Paul Wiedefeld] has been really honest that SafeTrack is just the first step in bringing us Back2Good,” said Custis, referring to Metro’s latest customer service campaign. “But the general manager himself has said it is going to be a long time, and SafeTrack alone won’t get us there.”

On Wednesday Metro released new statistics designed to show progress: railcar-related offloads were down 17 percent last year, railcar-related delays fell by 13 percent, and 31 new 7000-series trains were in service, replacing many of the oldest railcars in the fleet. Track delays also fell by seven percent in 2016, according to Metro.

Kevin Edward Flynn, Vienna to Navy Yard
“I typically commute by Metrorail, but switched to driving from July through December due to SafeTrack impacts. In theory, I’m an ideal customer for WMATA: my home and work are very convenient for a rail trip and I pay the maximum fare due to the distance covered. When I switched to driving, I learned that driving in the District during rush hour isn’t as bad as I had previously thought, and the price of driving and parking is actually cheaper than riding Metro.

These improvements may not be enough to stem the severe loss in ridership, especially with five more months of SafeTrack disruptions on tap.

Total rail ridership from July to September dropped “nearly 13 percent or 6.5 million trips compared to the same quarter last year. Ridership was down broadly across all time periods, days of the week, and individual stations. Consequently, rail revenue was down 15 percent versus prior year and was 17 percent under budget through the first quarter,” according to documents presented to Metro’s board of directors.

The hemorrhaging that occurred from October through December will be detailed at a public board meeting on Feb. 23, but it is expected to be severe, further undermining Metro’s bleak financial situation.

SafeTrack is scheduled to resume on Saturday with track work in Northern Virginia shutting down the Blue Line for 18 days, the first of five projects set for completion in June.

Click here for the original story.

Strange bedfellows: D.C. developers join nonprofits to advocate for affordable housing

Several D.C.-area developers are joining with nonprofits and housing advocates to raise awareness of the need for affordable housing as the District works toward an update of its comprehensive plan.

The JBG Cos., Ditto Residential, Valor Development and EYA are among those lending a voice to a housing coalition, organized by the blog Greater Greater Washington.

“We hope the breadth of the coalition raises a few eyebrows,” said David Whitehead, GGW’s housing program organizer. “Developers and nonprofits working together — that does not happen every day.”

The D.C. Office of Planning is currently working to amend the comprehensive plan, a document outlining priorities for D.C.’s future growth and change. District planners will solicit community recommendations for plan amendments in 2017. A final amendment package is expected to go to the D.C. Council for review and approval in 2018.

The coalition is asking District officials to prioritize these issues in the updated comprehensive plan:

  • Meet the housing demand
  • Equitably distribute housing
  • Best utilize areas near transit
  • Include families
  • Prioritize affordable housing as a community benefit
  • Preserve existing affordable housing
  • Protect tenants
  • Support neighborhood commercial corridors
  • Clarify zoning authority
  • Improve data collection and transparency

EYA Senior Vice President Aakash Thakkar said his company, which specializes in urban residential, is involved because it wants to make sure that development can benefit the District, as well as people at various income levels.

“We acknowledge the District is a place for families of all income levels,” said Thakkar. “There is a pretty significant demand for housing, both market rate and affordable. I think the opportunity with the comprehensive plan is to create both of those. It is possible to build new housing, including a good measure of affordable housing, and grow the District’s tax base in a way that makes business sense and advances the public good.”

Mayor Muriel Bowser has made affordable housing among her top priorities, pledging at least $100 million annually to preserve and build new affordable units. The need is great: According to the D.C. Fiscal Policy Institute (a member of the housing coalition), 26,000 extremely low-income D.C. households spend more than half of their income on rent, and local resources are not well targeted to the households in greatest need. Between 2002 and 2015, DCFPI reported, the District lost roughly half of its affordable housing stock.

Cheryl Cort, policy director at the Coalition for Smarter Growth, said her group wants to emphasize the need for affordable housing in all areas of D.C., not just certain pockets.

“D.C. has become a very popular place to live,” Cort said. “There is tremendous demand here, and that is pushing up prices. We need more housing; we need more affordable housing in neighborhoods throughout the city. There is a lot of language preserving the status quo, but one person’s stable neighborhood might be another person’s exclusive neighborhood. People need the opportunity to enjoy the benefits of a neighborhood regardless of income.”

Others joining the coalition include All Souls Housing Corporation; Bread for the City; Coalition for Nonprofit Housing and Economic Development; D.C. Policy Center; Enterprise Community Partners; Jews United for Justice; Jubilee Housing, Inc.; Latino Economic Development Center; Local Initiatives Support Corporation; New Legacy Partners; United Planning Organization; Ward3Vision; and City First Homes Inc.

Click here for the original story.

RELEASE: Comprehensive Plan Priorities Statement

FOR IMMEDIATE RELEASE
January 31, 2017

CONTACT

David Alpert, Greater Greater Washington
202-596-9449
alpert@ggwash.org

Cheryl Cort, Coalition for Smarter Growth
202-251-7516
cheryl@smartergrowth.net

Aakash Thakkar, EYA
202-427-4066
athakkar@eya.com

Rob Wohl, Latino Economic Development Center
202-904-9077
rwohl@ledcmetro.org

Developers, community groups, and others put aside differences to agree on the need for
more housing, more affordable housing, and support for communities in DC

WASHINGTON, DC – A coalition of community organizations, for-profit and nonprofit
developers, faith groups, tenant advocates, and other organizations today announced they have
come together to agree on priorities for housing and development in DC. Many have disagreed
on policies in the past, but all share a strong belief that DC needs more overall housing, more
affordable housing, and targeted support for communities amid this time of change.

“Mayor Muriel Bowser says she wants DC to meet the needs of those who’ve been here for five
generations or five minutes. We agree, and support strong action to fulfill this promise,” said
David Alpert, Founder of Greater Greater Washington.

The DC Office of Planning is currently working to amend the Comprehensive Plan, a document
outlining priorities for DC’s future growth and change. DC planners conducted public outreach in
late 2016 and will be soliciting community recommendations for plan amendments in 2017.

Responding to Office of Planning Director Eric Shaw’s call for residents to read, discuss, and
make suggestions for the Comprehensive Plan, this coalition formed and met over several
months to reach agreement on a series of priorities. Supporting organizations so far include:

  • Advisory Neighborhood Commission 2B
  • All Souls Housing Corporation*
  • Answer Title and Abstracts
  • Bread for the City*
  • City First Homes
  • Coalition for Nonprofit Housing and Economic Development (CNHED)*
  • Coalition for Smarter Growth*
  • DC Fiscal Policy Institute*
  • DC Policy Center
  • Ditto Residential
  • Enterprise Community Partners*
  • EYA*
  • Friendship Place
  • Greater Greater Washington*
  • The JBG Companies*
  • Jews United for Justice (JUFJ)
  • Jubilee Housing, Inc.
  • Latino Economic Development Center*
  • Local Initiatives Support Corporation (LISC)*
  • MidAtlantic Realty Partners*
  • New Legacy Partners
  • United Planning Organization*
  • Valor Development
  • Ward3Vision*
    * Working group member

The lack of adequate housing, including affordable housing, along with displacement of lower-income
residents, are serious problems for everyone in the District. “It is possible to build new
housing, including a good measure of affordable housing, and grow the District’s tax base in a
way that makes business sense and advances the public good. The result can be a
combination of new housing and amenities for residents and increased revenue for the city so it
can continue to enhance quality of life,” said Aakash Thakkar, Senior Vice President at the
development company EYA.

The coalition statement asks DC to prioritize the following issues in the Comprehensive Plan
(read the full statement at http://dchousingpriorities.org/ for details on each):

  • Meet the housing demand
  • Equitably distribute housing
  • Best utilize areas near transit
  • Include families
  • Prioritize affordable housing as a community benefit
  • Preserve existing affordable housing
  • Protect tenants
  • Support neighborhood commercial corridors
  • Clarify zoning authority
  • Improve data collection and transparency

“We need policies that preserve the affordable housing we already have as the District
develops. It’s clear the city needs more units to meet the demand of the people coming here,
but we also need strategies to protect tenants who are struggling to stay in the city. Those goals
don’t have to be in conflict.” said Rob Wohl, Tenant Organizer for the Latino Economic
Development Center.

Just as Mayor Bowser set out a bold goal for all wards of the city to play a part in addressing
homelessness, we believe housing affordability and equitable economic development similarly
require bold action with all neighborhoods participating in the solution.

“That is why this group of unlikely partners came together. Although we’ve disagreed about
specific policies in the past, we share a vision for a District that has enough housing, including
affordable housing, for our current and future residents,” said Cheryl Cort, Policy Director of the
Coalition for Smarter Growth.

The full statement is available at http://dchousingpriorities.org/ along with a call for additional
organizations and individuals to sign on. Already, the statement has been endorsed by several
more organizations including a resolution in support from Advisory Neighborhood Commission
2B, and additional ANCs are considering the issue. The Office of Planning plans to recommend
amendments in 2017 and then transmit them to the DC Council for consideration.

###

RELEASE: DC is a significantly safer place to walk than the metro region as a whole, according to a new report

Smart Growth America
Coalition for Smarter Growth (DC/MD/VA)
Partnership for Smarter Growth (Richmond)

FOR IMMEDIATE RELEASE
January 10, 2017

CONTACT

Stewart Schwartz, Coalition for Smarter Growth
(703) 599-6437
stewart@smartergrowth.net

Alexandra Dodds, Smart Growth America
(202) 971-3927
adodds@smartgrowthamerica.org

Andrew Moore, Partnership for Smarter Growth
(804) 283-6819
amoore@psgrichmond.org

Dangerous by Design

  • New rankings show District of Columbia a significantly safer place to walk than metro region as a whole, but also finds big disparities in fatality rates within the city’s population
  • Washington DC region and Hampton Roads region rank safer than Richmond and Baltimore regions
  • Higher rates of pedestrian fatalities found among people of color, elderly, lower income and uninsured

<< Smart Growth America and National Complete Streets Coalition to hold a webinar at 1 pm today. >>

Washington, DC – Nationwide between 2005 and 2014, a total of 46,149 people were struck and killed by drivers while walking. That averages out to about 13 people per day. In the Washington DC region during the same period, 814 people were killed, an average of nearly one every four days.

Each one of those people was a child, parent, friend, classmate, or neighbor. People of color, the elderly, and those from low-income areas experience a disproportionate rate of fatalities. “We have a long way to go to achieve ‘Vision Zero’ in our communities – zero deaths and serious injuries – among road users,” said Stewart Schwartz, Executive to Director of the Coalition for Smarter Growth, which works in DC, Maryland, and Virginia.

Dangerous by Design 2016, a new report released today by Smart Growth America and the National Complete Streets Coalition ranks the 104 largest metro areas in the country as well as every state by a “Pedestrian Danger Index,” or PDI, ranking from greatest risk (1) to the least risk (104 for the regions). PDI is a calculation of the share of local commuters who walk to work (the best available measure of how many people are likely to be out walking each day) and the most recent data on pedestrian deaths.

Comparing four regions in our urban crescent

Ranking the regions in the urban crescent between Baltimore and Hampton Roads, the Washington metropolitan area ranks 69th out of 104 metro areas, and Hampton Roads 77th (better than DC region), while Richmond and Baltimore lag, ranking 44th and 55th respectively. The Richmond region, however, showed a 14 point reduction in its PDI between 2014 and 2016. “There has been an increasing focus on walking and bicycling in the Richmond region, more people living in our walkable downtown, and major public education outreach by our partners at Bike Walk RVA,” said Andrew Moore, President of the Partnership for Smarter Growth in Richmond.

DC ranks the best locally for people walking, with a PDI of 15.4, compared to the PDI for the metropolitan statistical area as a whole of 43.5. Virginia’s PDI is 41.4, but Maryland with a PDI of 77.8 lags regionally and below the national average.

“The national report shows only incremental progress in reducing the Pedestrian Danger Index in the DC and Baltimore regions, some progress in Hampton Roads (reduction of 6.5 points) and the aforementioned progress in the Richmond region (reduction of 14 points),” said Schwartz. “Of concern is the uptick in the District of Columbia’s PDI (nearly 1 point). At a time when jurisdictions across our region and nationwide are adopting ‘Vision Zero’ policies that recognize any traffic death is one too many, it’s alarming that we haven’t made more progress over the past few years. We know that better street design, slower speeds, and better reporting and enforcement make a huge impact on how safe it is to walk in a given place.”

Cities and suburbs

“With narrower streets and slower speeds, dense, walkable cities like DC tend to have safety rates better than suburbs with high-speed arterials,” said Schwartz, “That’s what we confirmed when we did a regional version of this national report back in 2008.” (Dangerous by Design 2016 doesn’t include comparative statistics for cities and adjacent suburbs).

“Wide, high-speed arterial roads in the suburbs are particularly dangerous, but can be made safer with fewer and narrower lanes, medians, signalized crossings, better sidewalks, fewer curb cuts, and protected bicycle lanes,” Schwartz continued. “State and local departments of transportation need to make safer street and arterial design a top priority.”

Social disparities

People of color and older adults are overrepresented among pedestrian deaths locally and nationwide. In the District of Columbia, African-American residents account for 48.7% of the population but more than 64.7% of pedestrian fatalities and Hispanic Americans account for 9.9% of the population but more than 13.7% of the pedestrian fatalities. All told, people of color represent 78.4% of the pedestrian fatalities in DC. “It’s imperative that Mayor Bowser and her administration step up their efforts to change street design and other safety measures if we are going to achieve Vision Zero in the city,” said Cheryl Cort, Policy Director for the Coalition for Smarter Growth.

Pedestrian fatality rates are also disproportionately high for African Americans in Maryland (29.0% of the population but 38.3% of fatalities), and Virginia (18.9% of the population but 30.6% of fatalities). Even after controlling for the relative amounts of walking among these populations, risks continue to be higher for some people of color—indicating that these people most likely face disproportionately unsafe conditions for walking.

Older adults also face greater risks. DC residents 65 and older represent 11.3% of the city’s population but 21.8% of the city’s pedestrian fatalities. “There are so many ways to make our streets and neighborhoods safer for older adults to navigate,” said Cort, author of CSG’s report, Moving an Age-Friendly DC: Transportation for All Ages. “Leaders can make our region safer for walking through measures like keeping sidewalks and crosswalks in good repair, bump-outs, and protected bicycle lanes, and making sure transit is accessible and usable.”

In addition, Dangerous by Design 2016 finds that PDI is correlated with median household income as well as rates of uninsured individuals. Low-income metro areas are predictably more dangerous than higher-income ones: as median household incomes drop, PDIs rise. Similar trends bear out with rates of uninsured individuals: as rates of uninsured individuals rise, so do PDIs, meaning that the people who can least afford to be injured often live in the most dangerous places for walking.

Read the full Dangerous by Design 2016 report, released today by Smart Growth America, at smartgrowthamerica.org/dangerous-by-design.

About the organizations:

Coalition for Smarter Growth is the leading organization in the Washington DC region dedicated to making the case for smart growth. Its mission is to promote walkable, inclusive, and transit-oriented communities, and the land use and transportation policies and investments needed to make those communities flourish. Learn more at smartergrowth.net.

Partnership for Smarter Growth educates and engages the communities in the Richmond region to work together to improve quality of life by guiding where and how the region grows. It connects residents in the nine jurisdiction region and focuses on land use planning, urban design, transit, and safer streets for walking and bicycling. Learn more at psgrichmond.org.

Smart Growth America is the only national organization dedicated to researching, advocating for, and leading coalitions to bring better development to more communities nationwide. From providing more sidewalks to ensuring more homes are built near public transportation or that productive farms remain a part of our communities, smart growth helps make sure people across the nation can live in great neighborhoods. For additional information, visit smartgrowthamerica.org.

The report is released in collaboration with AARP, the American Society of Landscape Architects, and Nelson\Nygaard Consulting Associates. See the full report for all partner organization information.

###

Councilmember Proposes DC Take Over Running Metrobuses-And Making Them Free

WASHINGTON – (WMAL) In a bold vision that would shake up the region’s transportation scene, D.C. Councilmember David Grosso is proposing the District take over operations of Metrobuses that run only within D.C., and to increase funding in order to eliminate fares.

“Instead of paying WMATA to operate these routes for our residents, let’s do it ourselves. We can task DDOT with running or contracting out the service, as we do with the Circulator. We could even brand them with the Circulator’s now-ubiquitous red and black,” Grosso writes on the urban planning website Greater Greater Washington. “Let’s take those millions of dollars we pay annually to WMATA, invest additional funds, and provide the type of transportation system that residents can rely on, one that is an attractive alternative to Metrorail.”

Grosso says it would give WMATA one less thing to worry about as they work to fix the rail side of operations, and would allow for additional investment that Maryland and Virginia may balk at otherwise. In making the buses free to ride, Grosso says it would also increase ridership, reduce the strain on Metrorail, speed up the boarding process, and reduce confrontations between drivers and passengers.

“To be clear, the city would not turn a profit under this scheme; we never have from our public transportation (or roads and highway projects for that matter),” Grosso writes. “But that’s not the point. What we’d get is something much greater.”

Some worry the proposal could further solidify philosophical differences between Maryland, the District, and Virginia.

“I’ve got mixed feelings,” Coalition for Smarter Growth Executive Director Stewart Schwartz tells WMAL. “There could be negative consequences in further fragmenting our regional bus networks. I worry it could distract from the regional conversation and regional commitment we need to have for the funding Metro needs.”

D.C. has been a leading advocate in increasing funding for Metro. Mayor Muriel Bowser has publicly called for the establishment of a new tax region-wide to serve as a dedicated funding source for Metro. The Governors of Maryland and Virginia have advocated for a more cautious approach, waiting to see if Metro can improve its operations and finances first before committing to more money.

Schwartz says the region’s ability to compete on a global level hinges on cooperation across borders around D.C.

“The more we can keep ourselves tied together through our transit system, and even other utility systems, and the more we can work together through regional bodies, the better for our region’s economic competitiveness.”

Click here for the original story. 

STATEMENT on DC Court of Appeals McMillan ruling

​FOR IMMEDIATE RELEASE

December 8, 2016

 

CONTACT

Cheryl Cort, Policy Director

(202) 251-7516

cheryl@smartergrowth.net

 

Coalition for Smarter Growth STATEMENT on DC Court of Appeals ruling on McMillan Sand Filtration Site redevelopment

Today, the DC Court of Appeals halted movement on the McMillan Sand Filtration Site redevelopment, vacating the Zoning Commission’s ruling on the planned unit development (PUD). Following the Court of Appeals ruling, Coalition for Smarter Growth Policy Director Cheryl Cort issued the following statement:

“The Appeals Court ruling is a disappointing setback to delivering the city’s largest new park for all of us to enjoy. The ruling also delays much-needed housing and affordable housing, a new grocery store, and the historic restoration of aging structures.

Whatever the next steps to win a mixed-use McMillan development, the Court’s interpretation of the District’s Comprehensive Plan underscores just how important it is for residents to get involved with the ongoing Comprehensive Plan amendment process to clarify the plan as our city’s vision for guiding growth.”

 

About the Coalition for Smarter Growth 

The Coalition for Smarter Growth is the leading organization in the Washington DC region dedicated to making the case for smart growth. Its mission is to promote walkable, inclusive, and transit-oriented communities, and the land use and transportation policies and investments needed to make those communities flourish. Learn more at smartergrowth.net.

McMillan redevelopment blocked by D.C. Court of Appeals

The D.C. Court of Appeals vacated the Zoning Commission’s approval of the McMillan Sand Filtration site redevelopment only one day after the groundbreaking, as reported by UrbanTurf. The court’s decision found that the D.C. Zoning Commission did not adequately address how the redevelopment would impact the nearby neighborhoods.

The ruling made by the D.C. Court of Appeals reads:

“In the first order, the Zoning Commission approved Vision McMillan Partner’s application for a planned unit development (PUD) on the site. In the other two orders, the Mayor’s Agent for Historic Preservation approved permits allowing [Vision McMillan Partners] to demolish certain structures on the site and to subdivide the site. Petitioner Friends of McMillan Park (FOMP) challenges these orders. Specifically, FOMP argues that the project is inconsistent with the District’s Comprehensive Plan and that the Commission failed to adequately explain its conclusions.”

In a statement, the non-profit organization, Friends of McMillan Park, described the ruling as “a great victory for our long efforts.” Friends of McMillan Park has stated that their hope for the property is to only construct a park.

Kirby Vining, treasurer of Friends of McMillan Park, told DCist, “The court is the first time that we’ve had an objective look at what the city is actually doing with this land.”

Despite the win for Friends of McMillan Park, the court doesn’t totally agree with the non-profit. According to DCist, the court believes that in certain cases high-density development could be justified for the 25-acre site..

The delivery for the redevelopment was slated for 2018. Plans involved 531 apartments and a 52,000-square-foot Harris Teeter from Jair Lynch as well as 146 townhouses from EYA. Plans also included an eight-acre park, 17,500-square-foot community center, and roughly 1 million square feet towards medical office space from Trammell Crow.

UPDATE: The Coalition for Smarter Growth Policy Director Cheryl Cort issued the following statement:

“The Appeals Court ruling is a disappointing setback to delivering the city’s largest new park for all of us to enjoy. The ruling also delays much-needed housing and affordable housing, a new grocery store, and the historic restoration of aging structures.

Whatever the next steps to win a mixed-use McMillan development, the Court’s interpretation of the District’s Comprehensive Plan underscores just how important it is for residents to get involved with the ongoing Comprehensive Plan amendment process to clarify the plan as our city’s vision for guiding growth.”

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Wiedefeld Marks One Year As Head of Metro as Rifts Over Long-Term Problems Persist

WASHINGTON — (WMAL) It was one year ago today that Paul Wiedefeld took over possibly the least-coveted job in the transportation world in starting to chart a path forward for the floundering Metro system. Many D.C.-area leaders and transportation experts agree Wiedefeld has given the system some hope, but there is still much to be done both in the short and long term, and many sharp disagreements about the direction still to be ironed out.

“He has been willing to make the tough decisions,” Virginia Congressman Gerry Connolly told WMAL. “Which many of his predecessors, frankly, did not do.”

Chief among those tough decisions was the unprecedented move to close the system for an entire day on March 16. The region was given little more than a few hours notice that the system would be shuttered for 24 hours that Wednesday to do an emergency inspection of jumper cables.

“That showed his ability to make tough decisions and stand by them,” Coalition for Smarter Growth Executive Director Stewart Schwartz told WMAL. “It really established his role as a leader.”

Those same sentiments were expressed when Wiedefeld put together the 10-month track rehabilitation plan known as Safe Track, designed to compress three years’ worth of work into a much shorter time span. It was also seen in some in-the-weeds issues like workforce development. Wiedefeld announced the firing of 20 managers in May, and layoffs to the tune of 500 positions in July in an attempt to turn around the oft-criticized culture of the system.

Some say Wiedefeld’s effort to turn around operations and safety is inspiring other area leaders to finally start tackling the long-term issues that are out of Wiedefeld’s hands, like overhauling how Metro gets its money, and increasing its subsidies to further the system’s improvement.

“We appreciate Paul’s sense of urgency and focus on what needs to be done,” Greater Washington Board of Trade President Jim Dinegar said. “How we’re going to pay for it, how it’s going to be governed and all the rest is a work in progress, but I believe there is a growing sense of urgency.”

That urgency is appreciated by Metro Board Chairman Jack Evans, who again warned his colleagues of the dire straits ahead.

“We are faced with these staggering costs here,” Evans said during a D.C. Council breakfast Tuesday. “We are looking at $160 million in the next two years in operating costs, and $492 million in capital costs, increases that we have to put into Metro, or not. And the ‘or not’ is, the system’s just going to stop running.”

Evans proceeded to rail against jurisdictions in Maryland and Virginia that he says have been dragging their feet on giving Metro what it needs.

“Loudoun County is the richest county in America. Fairfax County is the second-richest county in America. Arlington County is the sixth-richest county in America, and Montgomery County is the eighth-richest county in America,” Evans said. “These are the jurisdictions who can’t afford to pay for Metro.”

Evans’ comments do little to help a system where cross-jurisdictional cooperation is key, Connolly said.

“You can’t be Chairman of Metro and trash your compact partners,” Connolly said. “I have a Republican General Assembly in Richmond I have to sell (an increase in funding) to. And Jack Evans, every time he opens his mouth, makes that job harder.”

Evans made waves two weeks ago when he questioned Maryland Governor Larry Hogan’s motivations in refusing to give Metro extra money, insinuating the Republican cares little for constituents in Montgomery and Prince George’s Counties since it is a heavily Democratic area. Hogan’s office dismissed those claims, and a spokeswoman questioned Evans’ fitness for the job.

“The system needs strong, balanced, and rational leadership,” the spokeswoman said, “and if this chairman can’t provide it, then it’s time to find someone who can.”

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There are four proposals to save Metro. Which might prevail?

There are no fewer than four distinct plans being floated to save Metro. Business leaders and elected officials urge a crusade to repair the transit system by restructuring its board, giving it reliable funding or handing it over to the federal government. They proclaim bravely that failure is not an option.

In fact, experience with similar restructuring efforts suggests that failure is the probable outcome. The same political and economic divisions that have stymied restructuring for the past 40 years persist today.

If the region is to finally fix Metro’s structural weaknesses, analysts say, then force must be exerted on the top elected officials in the District, Maryland and Virginia to get them to act.

One such stimulus for change would be a unified coalition of business leaders, transit advocates and civic organizations. Government and business groups, including the Metropolitan Washington Council of Governments (COG), the Greater Washington Board of Trade and the Federal City Council hope to assemble such a bloc.

It’s especially important that prominent chief executives join the effort, supporters say. Top executives of large companies have the clout needed to persuade legislators in Richmond and Annapolis to ensure dependable revenue for Metro, and possibly transform its board and other governing structures.

“It has to be key industry leaders, CEOs, stepping up and saying, ‘We can’t afford to live in limbo here,’ ” said Bob Buchanan, president of the 2030 Group, a regional business organization. “The status quo continues to be an embarrassment as Metro twists slowly in the wind, and piecemeal efforts aren’t going to do it.”

But many CEOs of major companies in the area are busy with national or global issues rather than local ones, or they prefer to avoid potential political controversies.

Another potential change agent — but less desirable — is Congress. It could appoint a control board or other body to take over Metro — temporarily or permanently — and push through needed changes to save the system.

Metro board Chairman Jack Evans, who also is a D.C. Council member, is among those who has endorsed such plans.

That prospect has lost much of its allure with Republican victories in the recent national election. Much of the GOP prefers to devote transportation dollars to roads, and the party platform approved in July urged phasing out federal transit spending altogether.

“There needs to be a strategic pause in discussion of a control board,” said a senior official in the administration of D.C. Mayor Muriel E. Bowser (D), who asked not to be named to speak candidly about a sensitive political issue.

The question to be decided in the coming months is whether the region can overcome its internal differences and coalesce around a common plan. Otherwise, federal intervention becomes more likely.

Two major obstacles loom. First, it will be difficult to get Virginia’s support for increased taxes for Metro, as advocated by the District and Montgomery County. Northern Virginia Democrats said it would probably be necessary for their state to find a different source of fresh revenue, such as highway tolls.

“This all really hinges on Virginia,” said COG Chairman Roger Berliner, who also is a Democratic Montgomery County Council member representing Potomac-Bethesda. “I know we will win in the District. I believe we can win in Maryland.”

A division also has emerged over whether it is necessary to transform Metro’s board and governing structure at the same time that reliable funding is sought.

On one side, Virginia and the Federal City Council say it’s vital to rewrite the Metro compact, the founding document that outlines how Metro is governed and funded. U.S. Reps. John Delaney (D-Md.) and Barbara Comstock (R-Va.) also have proposed revising the compact, albeit to a lesser extent, by requiring Metro board members to have expertise in transit or another relevant discipline.

“There’s no doubt there needs to be governance restructuring,” Virginia Transportation Secretary Aubrey Layne said. “It needs a visioning process so we can look at both public and private entities [as guides] and ask, ‘What’s the best structure to run Metro?’ ”

By contrast, the District, the COG and the Board of Trade have sought to avoid a discussion of amending the compact. Although they are open to it if a consensus could be reached, they say they fear that a battle would undercut the higher priority of obtaining a dedicated funding source.

“It runs the risk of being a distraction from the core issues with the system,” the senior District official said. “The riders don’t care who governs Metro. They just want a safe system that gets them to where they need to go.”

There is little time to waste. Officials have said they need a common funding plan by summer. That would allow for a lobbying campaign before the Virginia and Maryland legislative sessions open in early 2018.

Metro’s budget pressures have led some players to think of moving more quickly. The Board of Trade may propose legislation in the Richmond and Annapolis sessions beginning in January to allow the suburban counties to tax themselves to raise money for Metro.

“It probably needs to move faster than originally anticipated,” James C. Dinegar, president of the Board of Trade, said.

Here’s a summary of the four plans:

●Put funding first. The COG and the Board of Trade have been working since spring on a plan to seek a reliable funding stream in exchange for setting performance benchmarks for Metro on safety, reliability and customer satisfaction.

Metro is the only major transit system in the nation that doesn’t obtain a significant amount of its revenue from a tax or other dedicated source.

The proposal got a major boost last month when Bowser publicly urged adoption of a regional sales tax of at least half a penny to fund Metro.

Maryland Gov. Larry Hogan (R), a strong opponent of higher taxes, initially was cool to the idea. But he later signaled he could go along if Montgomery and Prince George’s wanted to tax themselves to support Metro, as long as the rest of the state wasn’t affected.

Montgomery County Executive Isiah Leggett (D) has supported a regionwide sales tax for Metro for two years. Prince George’s County Executive Rushern L. Baker III (D) sought to place responsibility on Annapolis. His spokesman noted that the state, rather than the counties, has funded Metro in the recent past, and has “unique authority” to explore sources such as a sales tax.

A major hurdle is Virginia. The Republican-controlled General Assembly opposes tax increases to help Metro. Even Northern Virginia Democrats said they can’t ask their constituents to pay more in sales or property taxes to support transportation.

“That’s something we’ll all be scratching our heads over,” Bulova said.

●Rewrite the compact. The Federal City Council, arguing that dedicated funding alone isn’t enough to save the agency, introduced a proposal this month to radically overhaul Metro’s governance by rewriting the agency’s compact.

The council wants to reduce the size of the 16-member Metro board, among other things, to make it more efficient. It also wants to weaken union protections by dropping the requirement that outside arbitrators decide labor contract disputes. Such mandatory arbitration has had the effect of driving up labor costs.

The proposal to reopen the compact enjoys wide support in the business community, but transit advocates are skeptical.

“You could end up in a complete quagmire, stalemate, unable to come to an agreement on the union issues, on funding formulas,” said Stewart Schwartz, executive director of the Coalition for Smarter Growth.

●Let the feds take over. Evans, the Metro chairman, has been so frustrated with the board that he called for federal appointees to take control of the agency, either temporarily or permanently.

He has acknowledged that such a scenario is unlikely. He hoped in part to call attention to the structural problem in which board members have split loyalties between their duties to Metro and to the jurisdictions that appoint them.

The Federal City Council urged Congress use the threat of a federal control board as an incentive to force the District, Virginia and Maryland to agree on changes.

Some welcomed that idea as providing necessary leverage. Others said that it risked handing over Metro to people with no stake in the region.

“Congress can’t even pass a budget on time, and we’re going to ask them to make the trains run on time?” said Ronit A. Dancis, president of the Action Committee for Transit, which advocates for improved public transit. “I’m not comfortable with a federal takeover even being a threat.”

Comstock and others said that revising the compact is critical to supporting Metro General Manager Paul J. Wiedefeld, who has generally won praise for aggressive changes in his first year in the job.

“We need a new structure with the compact so Paul J. Wiedefeld can do the job that he’s been hired to do,” Comstock said.

Delaney said it’s hard to push through genuine changes because Metro is suffering a gradual decline without a dramatic, one-time crisis requiring immediate action.

“It can kind of limp along for a while, and that’s why you don’t see something being done right away,” Delaney said. “It’s death by a thousand cuts.”

Photo credit: Bonnie Jo Mount/Washington Post

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