Thursday, July 11, 2024

Frederick City and County News of Interest VOL. 3, NO. 7 | JULY 9, 2024

 Frederick City and County News of Interest   

VOL. 3, NO. 7  |  JULY 9, 2024

Please join our monthly email list by clicking here
Learn more about CRG at the bottom of this newsletter.

For quick access, click on a title here and jump to that article, below:

  1. !!! INVASIVE PESTS!!!
  2. City B&O Townhomes
  3. Other City Developments that Could Change our Identity
  4. City Westside Update
  5. City-County Schools Update
  6. County Solar Ordinance
  7. Data Centers
  8. Upcoming Events and Meetings
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!!! INVASIVE PESTS!!!
The spotted lantern fly (SLF) is exploding in the City and County, initially colonizing, maturing, and laying eggs on the tree-of-heaven, an invasive woody plant found throughout the area. It is critical to eradicate the SLF and tree-of-heaven, because the SLF threatens Maryland agriculture, especially devastating grape vines and imperiling local wine production. Please consult the following link to learn more about the pests, their potential damages, and possible controls: SLF (https://extension.umd.edu/resource/spotted-lanternfly-home-gardens/) and tree-of-heaven (https://extension.psu.edu/tree-of-heaven).

City B&O Townhomes
Despite several requests to the Historic Preservation Commission (HPC) and Historic Preservation staff, CRG failed to convince members of this important commission to follow their own guidelines and request that developers revise their designs of the B&O townhomes to meet City requirements. At a June 27th HPC hearing, Commissioners voted unanimously for Level 1 approval of 5 townhomes proposed for the B&O property, directly behind the renovated unadorned historic townhomes on B&O Avenue. Even though some planning staff — and CRG — identified designs not permitted under the Historic Preservation District Guidelines, this continuing pattern of accepting plans that don’t conform to specific guidelines for new construction (e.g., development at the former Banner School property on N. Market, Visitation Academy, and Maxwell Mews) is confounding and follows a disturbing pattern of ignoring HPC’s specific guidelines for proposed new construction. Why set out guidelines if City staff and appointed commission members don’t follow their own rules?

Other City Developments that Could Change our Identity
On June 17th, several Carroll Creek projects were presented to the Planning Commission (PC) — the B&O residences (noted above), the Downtown Conference Center, and a large residence complex on E. Patrick Street.

  • The Plamondon Conference Center includes a design inconsistent with the other buildings along the creek, asserted 3 PC members; additionally, there were concerns about exclusion of the Frederick News Post building in the center’s design, although residents and some officials assumed that the historic structure at the corner of E. Patrick and Carroll Streets was a critical component of the future hotel and conference center. Fortunately, Randall Cap, LLC, owners of the corner building and the adjacent former Eagles building on E. Patrick, has announced that the buildings will be renovated for a restaurant and retail venues.
  • The application for the residential building at 420 E. Patrick Street must follow Carroll Creek Overlay (CCO) requirements, which mandates conformity with other buildings lining the creek. Commissioners expressed displeasure about the creek-facing design — a light-colored 4 story building sandwiched between two red brick corner structures — as that design is dramatically inconsistent with other buildings along the creek. CRG applauds the members of the PC for recognizing that conformity with creek building character matters as the linear park expands.
There appears to be a major effort by the development community to change City-permitted building designs along Carroll Creek. These projects, as well as that proposed for the Galleria next to the Delaplaine, include massing, height, and façade materials and fenestration (e.g., balconies, Juliette porches, garages, 4th story siding) that are not characteristic of the contributing structures (historic buildings >50 years old) along the creek. CRG will continue to challenge this shift to modern architectural designs in both the historic district and the creek’s linear park as our City’s historic building architecture defines us. Modern designs are beautiful in their own right, but not in our treasured and protected City areas.

City Westside Update

Library — Despite the County having already conducted a feasibility study that found the Hillcrest Park site amenable for a 15,000 sq. ft. library and having developed several workable designs, the City still has not officially approved the land transfer and necessary rezoning. The community at large has been actively pursuing this critically needed amenity for over 3 years and is frustrated by the bureaucratic delay. CRG encourages both the County and the City to resolve this minor hurdle with the urgency it deserves.
 
Regional Park — The June presentation by the consultant group on the potential design of the Westside Regional Park has now been moved to July 30th. The challenge is how best to utilize the 100+ acres to serve the surrounding community by developing a true park which will include a Community Center as opposed to constructing a profit-generating Sports Complex which does not meet local needs. CRG anxiously awaits the updated proposal and will provide details as they become available!
 

City-County Schools Update
FCPS staff presented funding options to a combined City Board of Aldermen and County Council in mid-June. Funding for schools is very complex and, in the most often-used process, requires contributions locally as well as the majority of fiscal support from the state. However, there are other options (see our May Newsletter) that could be employed. Prince George’s County has used 4 approaches, successfully building 18 schools in 10 years. Frederick County appears to be reluctant to explore these other possible fiscal avenues.

Due to the current huge school capacity issue, and a projected population increase of 2.3–2.4% annually (after the highest population increase in Maryland during the period 2020–2023 at 20,000 new residents), CRG encourages the County to explore these possibilities without delay.


County Solar Ordinance
The County Council and County Planning Commission held June workshops on proposed legislation by Councilwoman Keegan-Ayer for solar panel arrays on agricultural lands in the County. The solar farms may also include panels with agricultural production below, such as sheep grazing, some crops (e.g., various berries), or pollinator plants. The ordinance appears to have support from both City and County, with some revisions to be considered in Keegan-Ayer’s next draft. CRG supports this County initiative so long under consideration, yet largely stalled by the state’s Public Service Commission. Once adopted, local renewable energy increases and additional farm income and production are ensured.

Data Centers
Two issues are facing this emerging industry (and the entire County and its residents).

First, Quantum Loophole (QL), owners of the 2100-acre Eastalco data center campus, is seeking revised permits to provide sewer lines at the site. This may cause more violations of state rules from ‘frac-outs’ attributable to the QL contractor’s horizontal directional drilling errors, potentially contaminating local floodplains and Tuscarora Creek.

Second is the recently announced construction of transmission lines from the Baltimore area to Frederick County, possibly delivering 500 MW of electricity. Questions include (but are certainly not limited to):

Informational meetings will be held in Frederick, Carroll, and Baltimore Counties regarding the transmission lines — see information below.

CRG is amazed at the continuing fragmented and poorly communicated progress of QL’s activities. Equally amazing — and concerning — is the absence of any County summaries of its own efforts in revising the current Critical Data Infrastructure Ordinance following receipt of the report of the County Executive’s Data Center Workgroup and technical details from multiple other professional and residential organizations.


Upcoming Meetings & Events

July 10: Mayor and Board of Aldermen Business Meeting & Workshop, 3 PM, Municipal Annex Building. Workshop — Update on the Downtown Hotel and Conference Center Project

July 10: Frederick County info sessions regarding new transmission lines in the County. 
Brunswick Volunteer Fire Company, 1500 Volunteer Drive, Brunswick, Maryland 21716
Session 1: 2 PM – 4 PM
Session 2: 6 PM – 8 PM


July 11: City Historic Preservation Commission, 6 PM, Municipal Annex Building. Workshop, Wormald Property (Galleria) at 107 E. South Street and solar shingles on 3 historic Odd Fellows Buildings at 1730 N. Market St.

July 15: Citywide Planning Department Community Outreach Meeting, 6 PM, Municipal Annex Building. Brickworks preliminary plat and former Eagles final site plan at 216 E. Patrick St.

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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner, S. Sellner

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.

Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.
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Thursday, June 13, 2024

Frederick City and County News of Interest VOL. 3, NO. 6 | JUNE 7, 2024

Frederick City and County News of Interest

Please join our monthly email list by clicking here.
Learn more about CRG at the bottom of this newsletter.

For quick access, click on a title here and jump to that article, below:
VPO Special Tax Rate Ordinance
County Property Tax Increase for SCHOOLS!
City Charter Review Update
City Westside
City Workshop: More Growth & Affordable Housing
City: Major Development Update
East Street Corridor, Form Based Code, & Community Character
City Planning Commission — Absence Policies
Data Center Developments
Solar Farms
CRG is Looking for Volunteers
Upcoming Meetings & Events

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VPO Special Tax Rate Ordinance
By a majority vote at its May 16th public meeting, the Mayor and BOA imposed and levied taxes on all habitually vacant properties pursuant to Section 8-14 of the City Code. This tax is the "enforcement hammer" of the 100% resident-driven Vacant Property Ordinance approved unanimously by the BOA in December 2020. It is the third step in the 4-step process of addressing the scourge of long-term vacant properties in the City.

Steps 1 and 2 required said properties to first be registered and then during the second year be inspected for safety concerns. Moreover, it is important to note the City will have the option to continue to raise taxes up to 5 times the normal rate or institute step 4, which would take the property into receivership.

CRG would like to thank the NAC 11 volunteers who worked diligently for over 2 years to craft this legislation. If properly pursued by the City, the legislation will provide a disincentive to recalcitrant landlords who have been letting properties sit idle for well over 20 years to the detriment of the residents and businesses alike.

The bottom line? The City can no longer continually push this problem down the road. Residents have provided the City the tools to finally do something about this significant detriment to Frederick. Reluctance to step up would be inexcusable after all the effort residents have put into this process. We have waited long enough!


County Property Tax Increase for SCHOOLS!
The County Council just adopted a 4.7% increase in property taxes to be used solely for school construction. CRG applauds this increase and the County Executive for this bold decision as many schools are currently at or near capacity and, over the next few years, many will be significantly over the state-mandated capacity of 120%.

Additionally, the County’s 2024 surplus of $52 million was earmarked for schools, a major unidentified sum that has severely reduced the funding shortfall for the coming year. Let’s keep school construction, increasing numbers of seats, and funding for education as top priorities for this and future administrations!


City Charter Review Update
CRG held the first public meeting on the proposed Charter Review Committee over a year ago. The Committee, comprised of dedicated and respected local residents, worked diligently for 11 months on a comprehensive and definitive list of recommendations presented to the Board of Aldermen (BOA) on December 1, 2023. The BOA has held biweekly review sessions since mid-February and several updates have been reported by the FNP and in our CRG newsletters.

It is concerning that the best timing residents can expect the BOA to vote on the deeply vetted, well documented recommendations is "sometime in the fall”. CRG urges the Mayor and City staff to prioritize more rapid progress and provide the legislative branch with everything needed to guarantee inclusion of recommended Charter revisions on the agenda for a mid-September hearing, at the latest. The public and the volunteer committee members deserve a prompt resolution. A final point: the seemingly uncertain discussion processes and slow walk to decision-making noted in the Frederick News Post were among the key issues the Charter Review Committee recommendations were designed to address. Let’s move forward!


City Westside
At a May 15th specially scheduled Workshop to allow for more public participation, the City reviewed a presentation by the County on the proposed library for the Westside as part of their feasibility study for the Hillcrest Park site. The County has determined that the site is appropriate including multiple options for a 15,000 sq. ft. facility which features a modern interactive library with particular attention to accessibility, parking, and the surrounding neighborhood.

Having this long overdue and critically needed library in a location within walking distance of those who will utilize its amenities was paramount to all as was protecting the privacy and character of the established community. In that regard, plans focused on adding trees, providing green space, and positioning the building in the least intrusive way possible.

CRG respects the concerns of all involved regarding this change to a park they have long enjoyed. At the same time, we applaud the County for doing their best to mitigate those concerns and provide a first class, modern public library that will provide long and substantial benefits for many local residents. We encourage the City to act quickly and approve the needed land transfer to the County plus the required rezoning to ensure the project moves forward without delay.


City Workshop: More Growth & Affordable Housing
At its May 13th workshop, the Planning Commission discussed multiple developments including:

  • An odd-shaped lot for development (Wormans Mill Court Apts.) of 315 residential units across Rte. 26 from Clemson Corner, all affordable housing. Unfortunately, the developer is seeking rezoning of the property, not permitted under the current Land Management Code. CRG hopes some compromise can be worked out to allow the construction of the badly needed housing.
  • A 112-unit apartment project on Hayward Road. It does not include affordable housing units but would require (under the recently revised Moderately Priced Dwelling Unit [MPDU] ordinance) that the developer pay fees in-lieu (FIL) >$400,000 for the City’s MPDU reserve, a substantial increase for the City’s pool for future affordable housing construction.
  • And third, a discussion of the Final Plat for a 274-unit development off Rocky Springs Road. The developer will need to address MPDUs (34 units) in the future. School capacity concerns were not discussed.
CRG continues to plead for housing for our lower income residents. Please help by providing e-comments, written opinions, or oral presentations for the next PC meeting.

City: Major Development Update
On May 23rd, the City’s Historic Preservation Commission (HPC) received comment concerning 2 projects — the B&O Buildings (near the MARC Train station) and the Odd Fellows campus (Banner School site on N. Market).
  • At the B&O site, the developer seeks to build five 4-story modern townhomes behind the 5 previously renovated historic buildings near Carroll Creek. The design depicts townhouses taller than the historic buildings with 2-bay garages and balconies unlike any other residences in that area. Staff and 3 of the 4 commissioners had reservations on height, design, roof lines, and setbacks (a staggered side-by-side design). The developer’s team seemed uninterested in substantial modifications to their design but will return with other/another design in June.
  • HPC members suggested multiple revisions to the design for the Odd Fellows property at 1730 N. Market and the developer appeared amenable to the suggestions. Brick would be a major component of the new buildings rather than the same white sideboard on the adjacent Canterbury Station units, with 2–4 story single family homes, townhomes, and apartments. Other than reducing the mass and length of the 4-story apartment buildings, the developer had listened to previous comment and had adjusted the site’s plans accordingly. CRG offers ‘kudos’ to the developer, City staff, and the HPC for what appears to be a reasonable design for the >215 units that will be built on the historic property!

East Street Corridor, Form Based Code, & Community Character
CRG members recently met with City Planning staff to discuss a number of issues specific to the East Street Corridor including proposed possible road redesigns for the 4th to 8th Street section of East Street, rails-to-trails for bike and pedestrian use, and status of the revised form based code (FBC) prepared by an outside consultant approximately a year ago. Staff indicated that a third version of the FBC is in draft currently with distribution scheduled in the fall for public comment.

What’s uncertain are: 1) consistency with the 2017 East Street Small Area Plan, 2) the roles of residents in developing a checklist of requirements that a developer must meet to concur with the FBC, and 3) how the FBC will be merged with the City’s Land Management Code (LMC). CRG anticipates considerable continuing dialog with Planning staff to better understand and identify specific resident options for direct participation in the future development of the Corridor.

In a related short discussion, CRG emphasized that Community Character — Chapter 6 of the 2020 Comprehensive Plan, and important to how the City is perceived by residents and visitors — should be codified as part of the City’s LMC, thereby requiring Planning staff to include design for any development relative to how the proposed building(s) will complement the architecture of the surrounding neighborhood. Currently there are no such considerations and hence Planning staff only consider whether a building/buildings meet specific local, state, and federal codes independent of architecture.


City Planning Commission — Absence Policies
As the most important City body guiding future development in Frederick, an active and informed Planning Commission must be maintained and guaranteed through member, alternate, and liaison preparation for and participation in each meeting. In recent months, one of the most active and always-prepared members was not reappointed, a major loss to a functioning and admired Commission.

In addition to this loss has been spotty participation by members, the alternate, and the City liaison from the Board of Aldermen, with tardy arrivals, some attending with no familiarity with scheduled project applications, early and unannounced departures, and votes without justification. With the City’s future design in the hands of this group of individuals, absences or tardiness should be a rare occurrence following notification to the chair, as thorough review of all applications must be assured, and open discussions of all applications, applicants, residents, and staff must involve all members, any alternates, and the liaison. CRG urges a recommitment from all three Commission groups to fulfill these requirements; if not possible, resignation should occur or fellow Commissioners should use Section 2.6 of its Rules and Procedures to remove non-active members or alternates while requesting full meeting participation by the City liaison.


Data Center Developments
Quantum Loophole (QL), the owners of the 2100-acre data center campus near Adamstown, continues to violate local and state regulations regarding contamination of local waterways and its floodplains, with STOP WORK orders placed on the company once again. These violations are difficult to understand as QL has repeatedly promised increasing oversight of its contractors conducting the horizontal drilling to bring fiber cable from Northern Virginia to the Eastalco site.

In other news, the Rowan Corporation has purchased 150 acres of the site for 3 data center buildings it will construct and then lease/sell to data center corporations. Rowan staff provided company feedback to interested attendees at a public open house on May 23rd in Adamstown. Staff expressed their commitment to environmentally-responsible construction and operations. As well, the initial QL client, Aligned Corporation, has just indicated they will return to their previously purchased portion of the site to resume center construction, a decision made possible by Governor Moore’s removal of state restrictions on backup diesel generator use (168 diesel generators) for the company’s campus.

In addition to anticipated noise and
CO2 generation from these backup units, residents and organizations are also concerned about identifying the source of continuous power for the centers; water demand and treatment for cooling data center equipment; quantities and quality of stormwater runoff from the huge areas of impervious surface; requirements and funding for remediation of spillage of toxic center materials (e.g., diesel fuel, non-aqueous coolant); corporation responsibilities for County water treatment upgrades and repairing damage to adjacent properties from center-induced flooding from extreme events; and construction of water coolant recycling infrastructure from the site to the Ballenger-McKinney treatment plant. A huge worry is access to power for existing and future residents, businesses, and industries as regional power companies have stated that currently and for several years into the future there is neither enough power nor transmission lines to meet projected demand. Then what? Who gets it, who pays for it, and how is it allocated?

Solar Farms
One May 21st, Councilwoman M.C. Keegan-Ayer led a first reading of solar design criteria for Agricultural Land. A long-anticipated policy has now moved forward and CRG strongly supports resident and industry examination of the proposed legislation as increasing local solar installations enables increased renewable energy production, while simultaneously maintaining agricultural production (e.g., sheep can graze beneath raised solar panels). Solar power is mandatory if we are to reduce emission of greenhouse gases that drive the extreme weather events of our area, i.e., those that jeopardize public health, induce major flooding, cause substantial property damage, promote invasive plant and animal proliferations, induce growth of toxin-producing ‘algae’ in local waterways, and reduce agricultural production. That loud thunder you hear in the background is CRG clapping for this initial important step to reduce the drivers of climate change in our area!

CRG is seeking volunteers!
The CRG team is currently putting together a website, built in Wix, and we're looking for volunteers: 1) to help keep the site up to date (once or twice a week), and 2) to take photos of developments or other issues we're following. If you have experience with Wix or you're interested in taking photos occasionally, please use the button, 'REPLY TO EMAIL AUTHORS' at the bottom of this email. Thank you for considering!

Upcoming Meetings & Events
City HPC Meeting, June 10, 6 PM, City Hall: Review of B&O and Odd Fellows developments
Urban Native Plant Garden Tour, Saturday, June 15 in City of Frederick: see Wild Ones website for registration details (https://www.eventbrite.com/e/wild-ones-native-plant-garden-tour-tickets-892135841317)
County PC Meeting, June 18, 7 PM, Winchester Hall: Design Criteria for Commercial Solar

VOL. 3, NO. 6  |  JUNE 7, 2024
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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner, K. Thomassen

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.

Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.
 
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Wednesday, May 8, 2024

Frederick City and County News of Interest VOL. 3, NO. 5 | MAY 8, 2024

 VOL. 3, NO. 5  |  MAY 8, 2024

Frederick City and County News of Interest

Please join our monthly email list by clicking here.
Learn more about CRG at the bottom of this newsletter.

For quick access, click on a title here and jump to that article, below:

  1. Editorial
  2. City: Worman’s Mill Court Apartments
  3. Mixed Use Development at 69-77 S. Market Street
  4. Lucas Village
  5. City: Westside Regional Workshop
  6. City: East Street Redesign
  7. City: Board of Aldermen & Mayor Workshop: Resident Appointments and Affordable Housing at The Junction and Madison on N. Market
  8. More Luxury Condos Downtown
  9. City: B&O Development, Lot 7
  10. County: Property Tax Increase for School Construction
  11. Hotels, Hotels, Hotels
  12. Ongoing Data Center Concerns
  13. Upcoming Meetings and Events

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CRG is adding an editorial column beginning with this edition of our newsletter. The intention is to expand what is offered to our readers in addition to normal reporting on core issues and related meetings throughout the City and County. Our hope is that you will find these thought provoking and, in some cases, insightful.

EDITORIAL: Steve Jakubczyk
In praise of volunteers — you inspire us and help keep us going
In the midst of partisan politics at every level in both the City and the County — where in-fighting and close-mindedness, along with an apparent disregard for transparency and public opinion — it is difficult sometimes not to give in and walk away. It's especially difficult after spending time going to meeting after meeting, organizing and moderating dozens of non-partisan candidate forums, and constantly engaging with neighbors throughout the community to better understand resident concerns.

To observe that the City constantly hires consultants, but ignores their recommendations and does the same with the commissions and committees they appoint if the results don't reinforce their preconceived positions, is very disheartening.

Hearing that quality individuals are denied jobs in the City, or an opportunity to serve, because they won't rubber stamp staff recommendations, or are loosely associated with civic organizations that occasionally challenge the status quo, is chilling to the soul.

The recent denial of reappointment to the critical and vital City Planning Commission because an individual fought too hard for the residents, instead of for the development community, was especially egregious.

However, I've met some lovely, dedicated people on this journey and that's what keeps me going. These are people I respect and admire, who are doing their best to address the challenges of a growing City for all the right reasons; people who serve without ego, arrogance, or grandstanding — those of you who actively participate in non-profits or through church groups, and those who volunteer to help your neighbors and community out of a desire to create a better Frederick through improving the community at large.

You are the ones that inspire me each and every day — keep it up — we need you!
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City: Worman’s Mill Court Apartments
The 3-building, 315-unit multi-family residential project, proposed by Standard Communities, is either a tremendous addition to the stock of affordable housing in Frederick — or an attempt to fit a square peg into a round hole. At the first of two hearings on both a re-zoning application and a master plan, the applicant noted that due to the unique nature of the site (in terms of size, configuration, access to public streets, bisection of the property by a portion of the RwT (Roads with Trails), partial location within the Highway Noise Impact Overlay (HNO), etc.), it is necessary for the ZBA (Zoning Board of Appeals) to designate the site as MU (mixed-use) and the PC (Planning Commission) to approve numerous requested modifications to the LMC (Land Management Code). Issues and concerns raised at the hearing included, but are not limited to:

Single public vehicular access to the site — Currently Worman’s Mill Court provides the only public access point to the property.
Limited 5000 sq. ft. non-residential building and its location — Questions were raised about the location, size, and use of this facility as it does not seem to meet the criteria for/nor intent of mixed-use properties.
Minimal recreation area on site with payment by developer of a fee-in-lieu of parkland.
Landlocked pedestrians — Although the project is located within walking distance of goods and services north of Rte. 26, there is currently no safe, convenient way to access these facilities.

Hopefully, careful consideration of/decision about all modification requests will assure it’s precisely what the City needs to fill at least a small gap in the affordable housing market. And, we suggest, this (and other future infill projects) would be more valuable to the City and its residents if the projects are developed as mixed-income communities rather than low/moderate income housing. A vote will be taken at the next PC hearing on the rezoning recommendation and proposed site plan.


Mixed Use Development at 69–77 S. Market Street
By a vote of 3–1, the HPC Commissioners agreed that 77 S. Market St is a non-contributing building which leads the way to its demolition. However, the developer, Ausherman Properties, must submit a new and updated Replacement Plan (to replace the 12/11/23 submission) before the HPC Commission approves the actual demolition. A representative of the Union Steam Fire Engine Co. #3 at 79 S. Market Street reminded Commissioners that a nearby concrete block building on W. South Street had been designated as a contributing structure and wondered why 77 S. Market was not afforded the same designation. As well, several neighbors provided public comment on the project, noting the massing and scale of the (original) design for the replacement and its negative impact on their properties, including loss of light, privacy, and parking, and increased noise generated from HVAC units and other mechanicals once the replacement building is constructed. Although the neighbors’ comments focused mainly on the replacement rather than the demolition, these issues cannot be separated as documented by the HPC decision to delay demolition approval until the revised replacement plan is presented. After the meeting, the developer’s representative offered to meet with neighbors who have become a cohesive and active group. UPDATE: As of April 23, 2024, the developer had not submitted a revised replacement plan nor met with neighbors. We will keep you posted when this item is scheduled for discussion.

Lucas Village
The U.S. Department of Housing and Urban Environment recently approved “the demolition of the entire Lucas Village community,” a public residential neighborhood comprised of 88 units and various community buildings, determining that the site is “high-risk for the formation of sinkholes” and the units are “unsuitable for housing purposes.” Under a plan proposed by the Housing Authority of the City of Frederick (the owner and property manager of the area) families in the affordable housing community are being displaced so the village can be demolished to protect against future sinkholes, associated damages, or injuries, and “imminent health hazards.” Although protection of all families is critical, the Board of Aldermen (BOA) is requesting additional information on how the developer will ensure that the replacement construction will be ‘safe’ from future sinkholes. Further, ensuring temporary housing for the displaced families is critical, as are options for the residents to return to the property at affordable rates.

CRG applauds the restraint shown by the aldermen in taking this precaution for the safety of the future residents (see Lucas Village, Relocation and Redevelopment presentation made to the BOA on April 17th) but requests that other concerns for the specific area be discussed (objectionable summer odors, impact from quarry explosions, proximity to train tracks) and remedies offered.

Board of Aldermen meeting video and documents:
https://cityoffrederick.granicus.com/player/clip/5924?view_id=45&redirect=true


City: Westside Regional Workshop
On May 1st, a workshop was held for the initial presentation by the Sports Facilities Corporation, the consultant for the design and projected uses of Westside Regional Park. The bulk of the meeting was a recap of the two public meetings held April 1st and 2nd, plus updates on a recent online survey.

For CRG there were two major takeaways:
The overwhelming public response was a preference for Community Services at the park along with passive outdoor space. This was in stark contrast to previous and now outdated plans that called for a revenue-generating sportsplex that did little to benefit the surrounding community. CRG strongly supports the choice of the residents for a Community Center to house the needed Community Services.

The presentation left many answered questions and, in some cases, seemed to put the proverbial ‘cart before the horse’. There were too many questions by the BOA that should have been addressed prior to the workshop or the work by the Consultant. There was no information provided about any City objectives for the park, no real discussion on any "must have" amenities, and no clear understanding of the physical and practical limitations of what can or cannot be constructed in the park. All we really know is that the public wants an accessible park and not a sports complex!

It is concerning that such a major opportunity to enrich the lives of the residents of the City and in particular the often underserved community on the west side was not been more thoroughly vetted prior to the start of this process. Clear objectives must be brought forth recognizing that the local community has evolved over the last decade and as such must be the top priority.


City: East Street Redesign
On May 1st, City staff conducted another public charrette on the redesign of East Street from 4th to 8th Streets where citizens were able to express their opinion on proposed realignment of traffic. Unfortunately, this effort seems to be moving the ball backward from the Re-envision East Street study conducted a year ago. The focus seemed to be on the creation of dual bike lanes on the east side of the street. City Staff agreed that the rails and trails path would be designed to accommodate both pedestrians and bicyclists. CRG believes that the rails and trails concept should continue down to 4th Street thereby moving the dedicated bike lanes off the busy street and providing room for trees and a stormwater right-of-way. CRG is also encouraging the city to establish a right-of-way for the eventual burial of the current above ground utilities.

A long-range plan for the East Street Corridor should be distributed quickly before any decision is made on the 4th–8th Street redesign. The 4th–8th street traffic lanes, bike and pedestrian use, stormwater options, and relocation of the current and future utilities can then be assessed as part of a planned corridor continuum with implementation of the redesign as development criteria and resources are available.


City: Board of Aldermen & Mayor Workshop: Resident Appointments and Affordable Housing at The Junction and Madison on N. Market
On May 2nd, the City discussed two important topics important to residents. The first was appointments of various citizens to important City commissions including Sustainability (ideally guiding our urban climate program) and Planning (the most important venue for resident examination of proposed development). CRG looks forward to continued dialog between the general public, these commission members, and the City administration. A surprise was the absence of the proposed reappointment of the most experienced member of the Planning Commission, initially nominated to serve again but absent in the final agenda. The loss of the dedicated, informed, and always prepared member of the Planning Commission jeopardizes the high credibility it has earned over the past several years. We hope an explanation for this omission will be provided in the coming weeks.

In the remainder of the workshop, multiple agreements were discussed, many focusing on use of City revenues collected from developers who have chosen not to build City-required moderately priced dwelling units (MPDUs) and instead have paid a fee in-lieu (FIL) that the City has accumulated to more than $6M. Several agreements provide portions of these fees to jump-start two affordable housing projects (the Jefferson Junction project and Madison on N. Market). CRG wholeheartedly welcomes this long overdue use of City housing construction funds, matched with County funds, to move the Junction project forward. A downside is that both projects provide support for residents at no more than 60% of the area median income (AMI), leaving lower income ALICE residents without housing opportunities in these two projects. Additionally, the BOA agreed to seek lower property taxes from the affordable complex at the Junction, thereby reducing the annual property tax burden on the developer enabling lower fiscal demand on the developer to move the project forward.

In the future, CRG believes that all collected FIL be used solely for affordable housing construction with City General Funds covering sorely needed assistance to the homeless and rental assistance for fiscally-challenged lower income families. The two social programs are essential, but the City should indicate its multi-decade support through repeated annual allocation of a portion of property taxes collected to these programs and not reduce housing construction funds collected to actually provide yearly building of a portion of the estimated 12,000–15,000 units needed across the City and County.


More Luxury Condos Downtown
The first condominium on the former Visitation Academy property is fully occupied. The second, a 7-unit condominium building between the first building and E. 2nd Street, will get underway when four units are under contract (two are currently under contract). Neighbors are concerned about the state of road degradation in front of the entrance to the condominiums and the developers promise to inspect the road, and work with the City on any repairs that would take place until after the construction of the second building. Another concern expressed by (primarily) E. Second Street residents is the brightness of the vertical lights on the condominium façade which will impact residents of the second condominium building.

City: B&O Development, Lot 7
On April 25th, the Historic Preservation Committee received testimony from applicants for construction of 5 new townhouses behind the historic and renovated B&O buildings near the MARC Train Station off East Street. The developers propose 4-story townhouses, with renderings showing gray facades (where’s the red brick to match the linear park buildings or the current B&O townhouses?), two bay garages (not permitted facing public streets), and second story balconies (are there any in that area?).

Construction on the site is inevitable, but the developers seek exemptions to ensure reasonable returns on sales. CRG encourages the HPC to insist that developers meet the requirements of City HPC guidelines rather than comply with developer-requested exemptions that will ensure profit for them in the new market. For example, build smaller, with styles and materials that complement the Union Mills and existing B&O townhome facades.


County: Property Tax Increase for School Construction
County Executive Fitzwater is requesting a 4.7% increase in property taxes for school construction. With the rapid growth rate and constant construction of new residential units, and the already overcrowded/overcapacity schools, it’s obvious new schools must be built in order to provide quality educational opportunities for all. CRG generally supports the property tax increase initiative and recognizes it as a good starting point to keep from falling even further behind.

As stated on our call-to-action email last week, only with an all-hands-on-deck approach — leveraging all potential funding options and statewide partnerships — can we hope to resolve this crisis.

Frederick News Post article on the tax increase:
https://www.fredericknewspost.com/news/education/funding/fitzwater-proposes-4-7-property-tax-rate-increase-for-fy25-to-fund-school-construction/article_ec4c3ee1-6b07-5580-89d7-b1b3858c2a6f.html


Hotels, Hotels, Hotels
Many Fredericktonians have been following the “downtown hotel” saga for what seems like years. Currently, there are no operating hotels in the downtown core. However, one is on the brink of opening; another has passed a few necessary milestones. The first, Visitation Hotel, is scheduled to open August 15, 2024. Final agreement has been reached with Brian Voltaggio, who will be the creative chef for the hotel restaurant. The first major event at the hotel will be a wedding in mid-October.

The second, the long-planned/promised downtown hotel and conference center, was the discussion topic at a recent community meeting on the site plan. The presentation focused mainly on entrances and surface parking. Some attendees were surprised to learn that the hotel is now set back behind the existing FNP (Frederick News Post) building, although no demolition plans were presented for the rear of the existing building. A primary entrance to the hotel would be off Carroll Street with a drive through the hotel space on the first floor to the existing parking lot (i.e., the former FNP parking lot) on East Patrick across from the Post Office. Among the issues of concern are:

Traffic: There has not yet been a traffic analysis as required by the APFO (Adequate Public Facilities Ordinance).
Adherence to FBC (form-based code): Although the project may/may not be in the East Frederick FBC overlay, large street facing parking lots were discouraged. Attendees suggested design of physical screening.
The owner of 226 and 230 East Patrick Street expressed concern about a 5-story building 20 feet from his rear property line. It does not seem as though the HPC can help alleviate his concern.


Ongoing Data Center Concerns
On April 4th, Quantum Loophole contractors violated State and County regulations for illegal discharges from their horizontal drilling operations. Without necessary permits or notification to officials, discharges of drilling clay and the drilling fluid were released into a Monocacy tributary, yielding, in the County’s wording, ‘environmental hazards’. Despite repeated corporation promises for rigorous and continuous oversight, Quantum Loophole has failed again to safeguard the natural landscape and watersheds of the County, raising substantial concern for fulfilling past promises on their role as ‘good neighbors’ during center construction and operations. This continuing casual commitment to protecting local lands and waters seems to reinforce the governor’s and legislature’s recent adoption of weakened environmental protections for this new industry for our area. CRG is amazed that projected annual revenues — insufficient for building even one elementary school — have negatively affected officials’ ability to safeguard what defines a large portion of our County: our lands and waterways.

Upcoming Meetings and Events
County Planning Commission, Winchester Hall, May 8, 9:30 AM: Site plans for a natural burial cemetery and 2 solar facilities (Walkersville, Keymar)

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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner, K. Thomassen

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.

Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.
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Frederick City and County News of Interest VOL. 3, NO. 7 | JULY 9, 2024

  Frederick City and County News of Interest    VOL. 3, NO. 7  |  JULY 9, 2024 Please join our monthly email list by clicking   here .  Lear...