The Stormwater Issues

 

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The proposed Takoma Junction development plan is now going through the County approval process. But the City must still approve the tree plan, and the stormwater plan. So, stormwater experts with Community Vision for Takoma (CVT) analyzed the developer’s stormwater plan, and wrote this one-page summary of the many flaws in the plan.

 

TAKOMA JUNCTION DEVELOPMENT STORMWATER ISSUES

  • The City of Takoma Park has not reviewed stormwater aspects of the current proposal; the City’s approval letter in the record is based on the defunct April 2018 plan.
  • The City review of the older plan was incomplete; it did not consider many aspects of the proposal.
  • Neither the plan nor the City’s review considered the fact that nearby residents are already experiencing water management problems.
  • Currently most of the stormwater at the site flows from the City-owned parking lot to Carroll Avenue where it eventually enters City storm drains.  The developer’s plan would divert this water to a storm drain on Columbia Avenue.
  • Neither the City nor the developer conducted necessary studies including geotechnical, hydrogeological or storm sewer capacity studies.
  • Neither the soils at the construction site nor the soils on the wooded slope have been well characterized.  Clay layers in soil can make water management much more difficult; the limited studies available show clay layers on the site.
  • Stormwater can either run off over the surface or infiltrate the soil to become groundwater. This has implications for both surface drainage management and the ability of subsurface water to enter basements.  Neither the City nor the developer has studied groundwater at the site.
  • Neither the City nor the developer has assessed the potential impact of this additional stormwater on the downstream storm water management system.  It is not known if this system has enough capacity or what the potential impacts could be.
  • The proposed stormwater plan is under-designed given recent rainfall patterns and the anticipated effects of climate change in the future. The design, operation, and efficacy of the proposed stormwater management system is unclear.  The overall efficiency of the proposed green roofs has not been determined.
  • There is no analysis of water containing sediment that can accumulate in the large excavation proposed for this site.
  • In summary, it is difficult to see how this proposal meets the Maryland State guidance of controlling stormwater to the maximum extent practicable.
  • Based on all this, it is recommended that a refined comprehensive analysis, that (1) includes stormwater, groundwater and construction water and (2) is based on geotechnical and hydrogeological data, be undertaken by an independent competent authority with complete transparency.
  • This is a summary of a longer report linked here.

Straddling Two Lots at Takoma Junction

The Takoma Junction developer (NDC) chosen by the City plans to buy the auto repair business adjacent to the City lot. In the current site plan, the developer shows a footprint straddling the two lots, with the entrance to the garage on the lot owned by the developer. Here, lawyer and Takoma Park resident Jessica Landman writes to City officials to ask about the risks to a development that sits partly on City land, and partly on land owned by the developer.

Mon, Jun 11, 2018

Dear Mayor Stewart and Takoma Park City Council Members,

I am writing today to renew, more urgently, a request made to you during the public comment period at the City Council meeting on May 2nd.

In May I noted that the proposed Takoma Junction development plan anticipates construction of a building that straddles two parcels of land. It would bind the city to a 99-year lease, even though the city does not own or control one parcel that is vital to accessing the entire structure.

At the time I asked the City to investigate and inform the community whether this highly unusual arrangement poses a fiscal risk. As a lawyer and taxpayer, these questions concerned me greatly.

So far, there has been no response. The City’s silence left me wondering whether action was being taken or not.

Before the City adopts a Resolution committing to this project, it is vital that you determine whether there is a significant legal obstacle that could cause the City to have legal problems or incur unforeseen costs that the community would have to shoulder.

While I am not a real estate lawyer, I did undertake a preliminary review of the relevant rules in Montgomery County. From what I can discern, a building permit for a structure that straddles two parcels owned by two different parties will not be issued.

I urge the City to have its lawyers follow up, to determine whether they agree with the following analysis:

1.  Under Montgomery County’s building code, a building permit may only be issued for a building located on ‘a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Section 50-3.3’. [1]

2.  The County’s subdivision rules define a ‘lot’ as a ‘discrete area of land that is described by a plat recorded in the land records for which the Department of Permitting Services may issue a building permit.’ [2]  The County Zoning Code uses nearly identical language to define a lot: ‘A lot is a contiguous area of land that is described by a plat recoded in the land records for which a building permit can be issued.’

Obviously, the two adjacent parcels at the Junction, while contiguous, are not on one ‘lot’ that is recorded in the land records. (Nor are they on a parcel exempted under the specific terms of the code.)

3.  At the Junction site there are two lots, which will not even be owned by the same entity. As such, the site does not meet the definition of a lot for which a building permit can be issued. The County’s rule is very clear; with the exception of a few exemptions irrelevant in this instance,

‘Construction of a new principal building may only occur on a lot or parcel shown on a plat recorded in the County Land Records.’[3]

My question for the City and the City’s lawyers is: Have you investigated how these constraints affect the Junction project?

If so, please share what you have learned.

If not, please undertake the appropriate due diligence to find out whether the project as currently contemplated would be unable to obtain a building permit.

Frankly, apart from the possibility that no permit would be issued for the proposed straddling two-lot project, the irregularity of the proposed arrangement strikes me, as a taxpayer, as risky. Could NDC – or a successor owner – who controls a portion of the parcel use that control to extract further, future fees or concessions from the City? What would happen in the event NDC defaults? Once can imagine many unhappy scenarios. Those may be the very reasons why the County rules forbid a construction permit for a structure that is not on a single ‘lot’. And even if a construction permit can somehow be obtained, the irregularity also suggests that investors will find the project risky, either steering clear or charging higher lending rates, which would in turn trigger higher rents.

Thank you for responding promptly to this letter; it is vital that you resolve these questions before you make a determination whether to approve the proposed project. It would be negligent for our City officials to fail to address these concerns.

Sincerely,

Jessica Landman

Ward 1