Wednesday, December 4, 2019

How Could We Better Use College Park Airport?

Image by M–NCPPC.
College Park Airport in Prince George’s County, Maryland, is the world’s oldest continually operating airport. Sadly, it’s also likely one of the most squandered public assets in the Washington region. Virtually no one uses it, despite its prime location near transit and the University of Maryland. But with a few commonsense upgrades and the proper public focus, we could change that.

Wilbur Wright originally established College Park Airport in 1909. He used it to train the first United States military officers to fly an airplane. Today, the Maryland-National Capital Park and Planning Commission (M–NCPPC), a state agency operating in Prince George’s and Montgomery counties, owns and operates the airport and its accompanying aviation museum.

One could not ask for a more ideal location for an airport. It is within a quarter-mile walk of the College Park–University of Maryland rail station, which provides multimodal transit access to WMATA’s Metrorail and Metrobus network, the Maryland Transit Administration’s (MTA) MARC commuter rail, and the future MTA Purple Line light rail. It also sits less than a mile from the University of Maryland’s flagship campus.

College Park Airport. Annotations by Author.
Despite its great legacy and its uber-convenient location, College Park Airport sees only about 3,200 takeoffs and landings annually—less than nine flights per day. By contrast, the Montgomery County Airpark in Gaithersburg sees about 48,000 takeoffs and landings annually, or just over 131 flights per day.

What would it take to transform College Park Airport into a more vibrant economic development and transportation engine for the Prince George’s County and the Washington Metropolitan Area?

General Aviation vs. Commercial Service


Currently, the FAA categorizes College Park Airport as a general aviation airport because it has no common carriers offering passenger service to the public between specific locations according to a published schedule, and it has fewer than 2,500 annual passenger boardings (“enplanements”).

General aviation airports serve a variety of passenger-carrying flights, such as skydiving or sightseeing tours, medical transport, air taxi services, private and corporate planes, and charter planes. They also serve non-passenger-carrying aircraft such as those used by flight schools, the military, recreational fliers, and cargo transport.

Airports that have more than 2,500 annual enplanements and have common carrier-scheduled passenger service between specific locations are classified as commercial service airports. Scheduled passenger flights are usually separated from other general aviation services in a separate commercial terminal, because the passengers and baggage on scheduled commercial flights are subject to heightened security screening and safety regulations that do not apply to general aviation flights.

Both commercial and general aviation services use a variety of aircraft sizes—helicopters, small single-engine piston planes, twin-engine business and commuter turboprops, regional jets, and jumbo jets. However, not all airports have the runway lengths and strengths to accommodate all sizes of aircraft.

College Park Airport would likely qualify as a “nonhub primary” commercial airport if it began scheduled passenger service. This means that it would generate at least 10,000 annual (or just over 27 daily) enplanements, but less than the threshold for categorization as a “small hub primary” airport, which is currently around 450,000 annual (or 1,232 daily) enplanements.

At those passenger volumes, College Park Airport would obviously not pose a significant threat to the three nearby large hub commercial airports (Reagan National, BWI-Marshall, and Dulles). However, it would provide some needed additional capacity for short-haul commercial flights at another rail transit-accessible location near downtown Washington, DC.

Longer Runway and Additional Facilities Needed


The airport’s existing 2,600 x 60 feet runway can only accommodate small propeller-powered aircraft such as the Viking Twin Otter or the Pilatus PC-12. To be feasible as a commercial service airport and to enable more options for larger general aviation aircraft, the runway would need to be wider and longer.

As indicated in the above picture, the likely runway expansion path would be southeastward, across the Northeast Branch tributary, toward Kenilworth Ave, to achieve a dimension of approximately 4,500 x 150 feet. This would require careful civil engineering (e.g., construction of a concrete culvert below the runway subgrade) to preserve the water flow in the tributary.

The runway pavement would also likely need to be strengthened to better accommodate double-wheeled aircraft of up to 100,000 lbs. This would permit a broad range of mid-sized 10-12 seat business jets, such as the Cesna Sovereign, as well as large 50-90 seat commercial turboprop aircraft, such as the ATR 42, ATR 72, and Dash 8-400, to service College Park Airport at their maximum takeoff weights.

Billy Bishop City Airport. Photo by PortsToronto.
Although all four of the major U.S. commercial carriers have phased out their turboprop fleets in favor of regional jets, there are some signs turboprops could see a resurgence, given their higher fuel efficiency, lower operating costs, and ability to serve airports with shorter runways.

Even today, smaller U.S. commuter carriers, like Silver Airways, and larger Canadian carriers like Porter Airlines, have significant turboprop operations. Indeed, Porter’s home base, Billy Bishop City Airport in Toronto (pictured above), serves about 2.8 million domestic and international passengers annually—about the volume of an American small hub like Savannah, GA, or Albany, NY. All of those passengers fly on turboprop planes, since Billy Bishop’s longest runway is just under 4,000 x 150 feet.

Funding and Land Are Available


Through the FAA’s Airport Improvement Program (AIP) and Maryland’s Aviation Grant Program, funding for runway and taxiway reconstruction, airfield lighting and signage, apron construction, terminal buildings, and similar improvements (including related planning) at small commercial and general aviation airports is available at up to 95% of the costs.

Fortunately, M–NCPPC already owns and controls the land adjacent to the airport that would be necessary for the development of commercial and enhanced general aviation services at College Park Airport. The current 70-acre general aviation and museum facility could expand to about 125 acres, to allow sufficient space to construct a commercial passenger terminal and ramp, a control tower, and facilities for fixed-base operators (FBO), maintenance, fire and rescue services, aircraft hangars, transient aircraft parking, and visitor and rental car parking.

The State of Maryland and Prince George’s County own some neighboring parcels that could also be dedicated to the airport complex. Other privately owned land adjacent to the airport could be used for hotel construction and other compatible facilities.

If a new commercial passenger terminal is built, it should have at least six ramp spaces for simultaneous enplaning and deplaning. The terminal should be equipped to process international passengers, most of whom would likely be coming from Canadian ports. Instead of expensive jet bridges, the airport could use simple accessible boarding ramps at each ramp space.

Environmental and Security Considerations


Former Mount Rainier councilman Brent Bolin, a community and environmental activist, attorney, and nonprofit executive, sees the potential benefits of expanding services at College Park Airport, but also worries about the potential for adverse environmental impacts, such as the elimination of or restriction of access to parkland and recreational facilities around the Northeast Branch in the area of the airport.

Without question, any major transportation infrastructure project could potentially result in adverse environmental impacts. This is why federally mandated environmental analysis, which evaluates alternatives and considers mitigation options, is part of the process.

It is certainly true, for example, that the airport expansion would result in the loss of some parkland and recreational areas in the immediate vicinity of the airport. However, ample parkland and recreational facilities would remain in easy walking or biking distance. Rerouting the popular Anacostia Tributary Trail around the extended runway is one easy mitigation measure that could be employed to maintain access to those nearby facilities.

Photo by MSP Metropolitan Commission.
Similarly, airport noise is always a serious concern for residents of the area surrounding an airport. Indeed, a National Institutes of Health study describes airport noise as “one, if not the most detrimental environmental effect of aviation.”

Obviously, there is no way to eliminate airport noise completely. However, there are many ways to mitigate the impacts of such noise. One such measure, which is already in place at College Park and Reagan National airports, is to restrict the times that aircraft can take off from the airport. At College Park, takeoffs are generally prohibited between 11:00 pm and 7:00 am.

National security and the potential for terrorism necessarily are priority concerns with airline travel in the National Capital Area. Ever since September 11, 2001, the FAA has established a Flight Restricted Zone within 15 nautical miles of Reagan National Airport. College Park Airport is within that zone and, accordingly, must adhere to certain enhanced security protocols. Pilots flying into and out of the airport must pass a TSA background check.

The FAA and TSA would need to determine whether any additional security measures, akin to those in place at Reagan National, would be needed in connection with scheduled commercial air service at College Park Airport.

How to Make This Happen


It seems almost inconceivable that the idea of expanding services at College Park Airport has not come up for serious discussion before. College Park mayor Patrick Wojahn said that he does not recall any discussions of potential commercial services at the airport during his tenure in city government. Nor has independent internet research by the author yielded any information regarding any recent discussions or studies of the issue. Current airport manager Lee Sommer did not respond to requests for comment on this story.

M–NCPPC completed an airport land use compatibility and safety study in 2000 that found no significant issues in connection with College Park Airport. That study highlighted the airport’s significance to aviation history: “Probably no other field in aviation can boast of such a significant clientele or such an amazing list of achievements as College Park Airport.”

But the airport is more than just a historical artifact. It is a fully operational facility with a prime location near public transit. It is a potential source of jobs and economic development in Prince George’s County. Corporate travelers and tour groups, in particular, would appreciate having a general aviation facility close to DC that can handle larger planes. Likewise, U.S. commuter air carriers and Canadian carriers that operate commercial turboprop planes would appreciate the additional commercial capacity and the proximity to DC that College Park Airport could provide.

Working in consultation with experienced outside aviation planning consultants, the professional planners at M–NCPPC can produce a strong airport master plan with short-, medium-, and long-term benchmarks that meets the community’s increasing air transportation needs, protects its natural resources, promotes neighborhood safety, and appropriately leverages the distinguished legacy and the huge economic development potential of the world’s oldest airport.

Monday, July 15, 2019

Amazon Westphalia: A Case Study in Rogue Zoning

Proposed Amazon Warehouse Building in Westphalia. Image: M-NCPPC.

Rumor has it that Amazon is planning to build a massive four million square foot distribution warehouse in the heart of Westphalia Town Center in southern Prince George’s County, near Joint Base Andrews. This comes as a shock to residents of the developing community, who were promised a walkable, transit-oriented environment with a vibrant mix of offices, stores, and restaurants.

In recent weeks, the Prince George’s County Council has rammed through a series of significant changes to the zoning ordinance to authorize and justify placing a huge industrial building in the middle of a planned suburban town center. The Council enacted these zoning changes without submitting them to the County Executive for approval and without allowing the standard 45-day period for the public to decide whether to petition the ordinances for a referendum, in violation of the county charter.

In addition, because these zoning changes apply only to Westphalia and benefit only its owner, Walton International, and the intended purchaser, Duke Realty, they likely violate state laws prohibiting “spot” or “contract” zoning. Sadly, the potential illegality of these ordinances has not deterred the council members in the least. Rather, it is just the latest example of their rogue method of enacting zoning legislation.

The Developers' and County Council’s Bait-and-Switch

Amazon’s proposed distribution center is five stories and 85 feet high, with a footprint exceeding 820,000 square feet, for a total of approximately 4.1 million square feet of warehouse space. That equates to a land area of about 16 football fields arranged in a 4 x 4 configuration, or about 5 contiguous city blocks. By contrast, the length of each of side of the Pentagon is about 300 feet shorter and the height about 14 feet shorter than this proposed warehouse. Surrounding the building on the 78-acre site will be 1,786 automobile parking spaces, 200 truck loading spaces, and 65 loading docks.

Proposed Site Plan for Amazon's Westphalia Warehouse. Image: M-NCPPC

Anyone reading the preceding paragraph can easily see that Amazon’s proposed building is neither walkable, mixed-use, nor transit-oriented. Yet, the developers and the County Council have colluded to shoehorn this project into this legacy “mixed-use transportation-oriented” (“MXT”) zone by theorizing that Westphalia needs a major employment use to catalyze development and that the county could benefit from the projected 1,500 jobs this facility would bring.

The Council’s zoning amendments create a fancy new term—“merchandise logistics center”—to describe this distribution warehouse, and then allow this industrial use in Westphalia’s MXT zone, despite the land use requirements for this area as set forth in the 2014 General Plan and the 2007 Westphalia Sector Plan.

Incidentally, this flurry of zoning activity is all taking place under the current, soon-to-be-expiring zoning ordinance. The Council passed a comprehensive zoning ordinance rewrite last year, but it has not taken effect yet. Under the new ordinance, which seeks to implement the county’s general plan, Westphalia is contemplated to be designated as a mixed-use “Town Activity Center” (“TAC”) zone. Warehouse uses and excessive surface parking of the kind in this planned Amazon facility are not permitted in the TAC zone. Additionally, the maximum permitted block length in the core of the TAC zone is 600 feet—less than a third of the length of the proposed Amazon Westphalia facility.

The original vision for Westphalia Town Center. Image: M-NCPPC

Thus, even before the new zoning ordinance can take effect, the County Council is already busy at work poking holes in it. The Council is continuing its practice of passing indiscriminate zoning ordinance text amendments to permit things the original ordinance prohibited—adding extraneous definitions and footnotes that create exceptions that allow particular developers to build something that would otherwise be prohibited, or that allow particular council members to bring pet projects to their districts. None of this bodes well for the new zoning ordinance, or for the overall land use and development policies of the county.

What Should Happen With Westphalia and Amazon’s Proposed Warehouse

The County Council and the Westphalia developers are correct to point out that the market prospects are bleak for dense mixed-use office and retail development in that area, which is outside of the Beltway and far away from transit. But that reality is not new. The development concept for Westphalia Town Center has always been a fanciful pipe dream, conceived originally out of developer and county official corruption, then later by developer greed, the parochial interests of multiple District 6 council members, and undisciplined land use policies that facilitate massive suburban greenfield development instead of focusing on developing around Metro stations and in the urbanized inner-Beltway areas of the county.

Rather than continuing to pursue an ill-advised development concept, the county should commence a comprehensive community planning process to revise and replace the 2007 Westphalia Sector Plan. The new sector plan should seek to preserve or restore the rural character and natural resources of the areas that are currently substantially undeveloped, such as the previously planned town center core where the Amazon warehouse is now being proposed.

At the same time, the new sector plan should seek to define a more realistic vision for success in the areas of Westphalia that are currently being developed. The focus should be on walkability and recreational facilities within the residential areas and also multi-modal connectivity between residential and designated neighborhood commercial areas. Smaller scale vertical mixed-use development should be encouraged in the neighborhood commercial areas.

In addiiton, the county should still vigorously pursue the development opportunity for the Amazon distribution center, but instead direct it to a more appropriate location. A prime location (no pun intended) for this facility would be the old Landover Mall site, which is adjacent to the Beltway and has ample transportation infrastructure already in place to support a 24-hour merchandise distribution center.

Aerial view of Landover Mall site, with proposed rail transit station. 
The eastern portion of the site, closest to the Beltway, could be rezoned into the Industrial Employment (IE) zone under the new zoning code. The western portion, closest to Brightseat Road, could be zoned into the Commercial Neighborhood (CN) zone, which would also permit multifamily residential mixed-use and live-work unit development. A bus or future rail transit facility could be placed in the center of the development. Structured parking for the Amazon warehouse could be provided either in the neighborhood commercial area or the industrial area. Of course, these modifications would require a revision to the Landover Gateway Sector Plan.

Weigh In At This Week’s Planning Board Hearing

The Planning Board will meet on Thursday, July 18, at 1:00 pm, in the First Floor Hearing Room at the County Administration Building in Upper Marlboro to consider the Detailed Site Plan application for the Westphalia distribution warehouse. You can review or download the DSP materials here.

If you have concerns regarding the way the County Council enacted these zoning changes, or with the substance of the proposal, this is your time to speak up. You first must register to become a party of record in connection with DSP-19008 Snapper (Westphalia). Then you can appear and speak at the hearing or email your written comments prior to the hearing to Mr. Jeremy Hurlbutt, Master Planner, who is assigned to review this file. You may also mail or fax your comments to him prior to the hearing at: MNCPPC, Urban Design Section, 14741 Governor Oden Bowie Dr, Upper Marlboro, MD 20772; fax: 301.952.3749.


Wednesday, May 1, 2019

Is Prince George’s going rogue with zoning bills?

Image by Shelly
For many decades, the Prince George’s County Council has deliberately not followed the same procedures when passing zoning legislation as it does when passing other legislation. Nothing in state or county law authorizes the Council to treat zoning bills differently than other bills. Nevertheless, because it has been doing so for so long, virtually no one seems to notice or complain. Perhaps that should change.

The Council’s short-circuited zoning procedures allow it to rush through often hugely consequential or controversial bills relating to land use and development in Maryland’s second-largest county without giving the public fair notice of bill amendments. Those procedures also deprive the County Executive of the right to review and approve or disapprove of zoning legislation. Additionally, by allowing most zoning laws to become effective immediately, rather than waiting 45 days as with other legislation, the Council thwarts the ability of citizens to petition zoning laws to referendum.

In this Trumpian era, where quaint notions like adherence to the rule of law, separation of powers, and checks and balances are being tested almost daily in our federal government, we should also remember to examine how those principles can become frayed at the local level. After all, local laws often impact our daily lives much more than federal laws and policies.

Council's passage of the new zoning code was one recent example

Last year, for example, the Council enacted a comprehensive rewrite of the county’s 70-year-old zoning ordinance. To be sure, the rewrite effort was a massive and worthwhile undertaking, with an unprecedented level of public engagement over many years. Yet, between the formal introduction of the bill on September 25, 2018, and the public hearing when the Council enacted the bill on October 23, 2018 (the last session of the year), there were literally hundreds of pages of substantive amendments to the bill.

Several citizens urged the Council to hold off on final passage of the bill and to hold future hearings once the Council reconvened in 2019, so that the public could gain greater clarity regarding important changes in the bill. Even the bill’s sponsors acknowledged the breakneck speed with which the Council was moving to enact the zoning rewrite.

Following its decades-old custom, the Council did not send the enacted zoning bill to the County Executive for approval. Fortunately, the Council wisely included a delayed effective date provision, which will allow it an opportunity to cure any substantive or procedural defects before implementing the new zoning code.

The county charter governs how local bills become laws

Prince George’s County is a “charter county” under Maryland law, which means its governing authority derives from a specific organizing document adopted by the people of the county. According to Prince George’s Charter, the County Council must hold a public hearing not earlier than 14 days after a councilmember formally introduces a bill. However, if councilmembers substantively amend the bill during that hearing, they must re-notice the bill for another public hearing in the same manner as the originally introduced legislation.

Additionally, the Charter provides for a separately elected County Executive. When the Council passes legislation, it must send the enacted bill to the Executive, who has 10 days to decide whether to sign the bill into law or veto it. If the Executive vetoes the bill, the Council can override the veto by a two-thirds vote.

Ordinarily, a non-emergency bill becomes effective 45 days after the County Executive signs it into law or the Council overrides the Executive’s veto. However, if at least 10,000 voters sign a petition within 45 days of the law’s approval, the law’s effective date is suspended, and the people can vote directly on whether to approve or disapprove of a local law. The referendum election occurs at the next occurring general election, which are in November of every even-numbered year.

The Regional District Act grants Prince George’s authority to enact local zoning laws

The Maryland General Assembly grants counties (and most municipalities) the authority to enact local planning and zoning laws. In Prince George’s and Montgomery counties, a state law known as the Regional District Act (“RDA”) vests planning and zoning power in a bi-county agency known as the Maryland-National Capital Park and Planning Commission. The Commission is composed of five appointees from each county, and each group of five commissioners is known as the “Planning Board” for their respective county. Similarly, the RDA designates each county’s County Council as the “District Council” for their respective county.

The RDA provides that each District Council may “by local law adopt and amend the text of the zoning law for that county,” as well as any accompanying zoning map. It defines “local law” as “an enactment of the legislative body of a local jurisdiction, whether by ordinance, resolution, or otherwise,” and states that the District Council’s lawmaking authority “is not intended to alter in any way the form or legislative mechanism that the applicable enabling authority requires for the local jurisdiction to enact the local law….”

In Prince George's County, enacted bills do not "become law" until the County Executive approves them or the County Council overrides the Executive's veto.

Any zoning law enacted in violation of the charter can be invalidated

So it seems clear that any zoning law that Prince George’s enacts must follow the same procedures as any other local law—right? Well, apparently not.

The Council has previously claimed that a 1973 ruling from Maryland’s high court means that it does not have to follow the same procedures when passing zoning laws. That case held that no provision of a local charter could override the Regional District Act. However, that case does not apply here, because the Charter is not seeking to override the RDA. Rather, the Charter simply defines how to enact local laws in Prince George’s County.

Generally, if a legislative body does something that it is not authorized to do, the action is void from the outset and, therefore, of no legal effect. However, the timelines for challenging any particular legislative enactment may be short. Typically, an aggrieved party must file a judicial review action in the Circuit Court within 30 days of the Council’s final action. There may be ways to challenge the invalid law later, but the Council may try to assert that the legal challenge is too late.

Ultimately, though, the Prince George’s County Council should not wait for a legal challenge to modify its procedures. Instead, it should just follow the requirements of the County Charter when it passes zoning legislation.