The recent recommendation is improved over the temporary regulation, but it still prevents these technology centers from handling a number of the critical issues that face EEFs -security compromise being of paramount concern.

Another important issue is the access to the local loops of the fiber that ultimately supplies the end user with the broadband access.

The recommendation, as published, is as follows:

• Permit EEF use in the CM and M zone districts as a matter-of-right except within 1250 feet of a Metro station or riverfront.
• Permit EEF use in the CM and M zone districts as a special exception within 1250 feet of a Metro station or riverfront.
• Permit EEF use up to 25% of a buildings gross floor area (of) a lot as a matter-of-right in the CR, C-3, C-4 and C-5 zone districts.
• Permit EEF use between 26% and 50% of a building gross floor area of a lot as a special exception use in the C-3 and C-4 zone districts.
• Prohibit EEF use in the R-1 through R-5 Residential, SP Special Purpose, W Waterfront, and C-1 and C-2 Commercial zone districts.
• Establish parking and loading standards and parking reserve standards for the EEF use.
• Establish special exception review criteria.
• Maintain Zoning Commission review for special exception review of EEF uses.

There is currently a hearing scheduled before the Zoning Commission on March 22. GWCAR President Scott Johnston convened a workgroup on March 5th to draft GWCAR's formal comments to the Commission. Any further input from members can be sent to Damian O'Doherty at damian@gcaar.com.

Commercial Brokers Join Fight Against Bank Control of Brokerages

GWCAR has joined the fight against the proposal by the Federal Reserve and Treasury Department that would redefine real estate brokerage and management activities as "financial in nature." If the rule were adopted, financial conglomerates would be able to own and operate real estate brokerages and property management firms.

This is an unwarranted power grab by large financial institutions. In fact, when Congress debated the financial reform act (called the Gramm-Leach-Bliley Act), such powers were not granted. Furthermore, real estate development and investment were specifically prohibited. This was to preserve the safety and soundness of our banking system.

Comments against this proposal are due May 1, 2001. Please act now and speak out against this proposal. For more information, sample letters, and instructions on where to send comments, visit the Legislative and Legal Updates section of the GWCAR web site at www.gwcar.org/legal.html. Please contact Damian O'Doherty at damian@gcaar.com or Meredith Mirman at mmirman@gcaar.com with any comments or questions.

Smart Codes Released by Maryland Department of Housing and Community Development

The Maryland Department of Housing and Community Development (DHCD) released its report on Smart Codes in January. This initiative is the proverbial silver lining of Governor Glendening's Smart Growth package. The legislation was passed during the 2000 legislative session to initiate the adoption of a statewide building rehabilitation code.

If a county adopts the new code, the jurisdiction will not only create a climate more conducive to rehabilitation of existing properties, but it will also be eligible for additional Smart Growth incentives from the State of Maryland. Currently, the same codes are applied to both new construction and rehabilitation projects even though the original codes were initially promulgated to be applicable to new construction only. Most of these antiquated codes are not adaptable to rehabilitation projects. The District of Columbia is also looking to promulgate a rehabilitation code under the leadership of Councilmember David Catania and his Homestart Advisory Committee. For more information please visit http://www.dhcd.state.md.us/, www.dchomestart.com or contact Damian O'Doherty at damian@gcaar.com.

Emergency Legislation to Make DC Property Tax Assessments Annual Instead of Every Three Years Introduced

On January 31, 2001 DC Councilmember Jack Evans (Ward 2), chair of the Committee on Finance and Revenue, held a public roundtable to discuss legislation on the assessments of property. Councilmember Evans' proposed legislation (Bill 14-24, "The Real Property Tax Assessment Transition Act of 2001") would require the Office of Tax and Revenue to conduct annual assessments of property for property taxes.

Since the 1997 legislation requiring assessments every three years is set for a "sunset" review in October of this year, Councilmember Evans introduced emergency legislation on February 6 to facilitate a return to annual assessments. The return to annual assessments is predicated upon a recent Andersen Consulting report that shows that the District may be able to collect between $105 and $140 million over the next five years. These expansive estimates were contradicted by the District's CFO, who estimated that such a transition would render $45 million in additional revenue.

There is no question that an abrupt return to an annual assessment cycle would have a significant negative impact on both residential and commercial property owners. GWCAR is urging councilmembers to consider a "phase-out" of the triennial system if its termination is imminent. Nonetheless, recent indications from the executive's office appear to suggest that there is more Mayoral support for maintaining the triennial cycle than was originally anticipated by the 13-member DC Council.

The Government Affairs team is tracking this issue closely and will keep members informed. Contact Meredith Mirman at mmirman@gcaar.com or Damian O'Doherty at damian@gcaar.com for more information.

Copyright © 2002 - 2006 Greater Washington Commercial Association of REALTORS^®.
All Rights Reserved.
GWCAR.ORG