Tuesday, November 1, 2022

Frederick City and County News of Interest VOL. 1, NO. 6 | NOVEMBER 1, 2022

 VOL. 1, NO. 6  |  NOVEMBER 1, 2022

Frederick City and County News of Interest

  1. East Street Corridor Redevelopment through Form-based Code
  2. City and County Commitments to Minimizing Future Climate Threats
  3. Affordable/Workforce/Moderately Priced Dwelling Units
  4. County APFO on Traffic
  5. Sugarloaf Mountain Plan
  6. What has been accomplished
  7. Street Safety
  8. Update on N. Market Street
  9. Upcoming Meetings of Import
    • N. Market Fountain and Park:
    • West Side Library:
    • County Liquor Board Meeting
    • City and County Delegation Meetings:
  10.  VOTE, VOTE, VOTE!

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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East Street Corridor Redevelopment through Form-based Code
Consultants recently provided 2 summaries to the City (Planning Commission, Board of Aldermen and Mayor Workshop) regarding progress toward completing a report on resident and business input on the future design possibilities for the East Street Corridor derived from late September open meetings (charrettes). Input highlighted walkability as the primary concern, but other topics raised included street and sidewalk widths, lanes, parking, and crosswalks, with an emphasis on a tree-lined corridor.

Consultants identified 4 patterns for focus: a General Flex pattern (flexibility in building design); a Storefront design (retail in 1st floor with residential or office space in upper floors); Urban Residential (entire buildings as residential); and Tech-Work Areas (one-story buildings under non-movable transmission power lines). The charrette input revealed minimal interest in bike traffic on East Street.

The overall conclusion from the CRG observers was that the City must commit to traffic patterns throughout the corridor, i.e., number of lanes, widths, etc. in specific sections of East Street, BEFORE any adoption of building designs in the corridor’s form-based code. Without deciding on which sections of East Street are 1-, 2-, 3-, or 4-lane, with and without bike lanes, builders will not know what can be constructed at the curb’s edge and hence, no form-based code for any portion of the corridor is possible. Be prepared to weigh in by e-mailing Arash Ghahramani (aghahramani@cityoffrederickmd.gov) once the report is distributed.

City and County Commitments to Minimizing Future Climate Threats
In 2020, the City and County requested and, after 15 months, received a comprehensive list of recommendations each should implement to reduce local greenhouse gas emissions and increase resiliency in public and private properties and infrastructure (see https://www.mobilizefrederick.org/ for the ~240 pp. report). Besides some encouraging possibilities with the Frederick County Public School (FCPS) system, little has been implemented in either jurisdiction, although several excellent opportunities in both the City and County could embed climate-related options as plans are finalized.

In the City, a new Police Headquarters is in the design stage now. If the City administration would consider solar panel installation for building energy needs, public funds for installation would be recovered within 8–9 yrs, AND the City could sell energy back to the grid for enhancing City revenue in the future. Similarly, the new rental registry and inspection program (XI.8 in https://cityoffrederick.granicus.com/player/clip/5216?view_id=12&meta_id=129880&redirect=true&h=9abfd7b1ef67ec8d19e1244816da7193) could require maintenance of windows, doors, HVACs, furnaces, etc. to ensure safe indoor air quality, the primary cause of public health issues according to Dr. Barbara Brookmyer, Director of the Frederick County Health Department.

In the County, recent adoption of revised Moderately Priced Dwelling Unit ordinances (https://frederickcountymd.gov/DocumentCenter/View/340284/Bill-No-22-27---Requirements-to-Build-Moderately-Priced-Dwelling-Units-MPDUs-and-Changes-to-Sale-or-Rentals, Bills 22:27-29) could require similar guarantees for indoor air quality standards, thereby protecting renters and owners from poor indoor air quality and associated medical costs due to climate-induced flooding, mold, ozone, etc. Above all, responsible growth protects all residents from the new climate extremes we now experience. Thus, requesting that City and County officials and staff implement needed renovation and construction requirements should be on your schedule for future involvement.


Affordable/Workforce/Moderately Priced Dwelling Units
As noted above, the County Council has passed three revisions to the County Code to increase actual building of moderately priced dwelling units (MPDUs, (https://frederickcountymd.gov/DocumentCenter/View/340284/Bill-No-22-27---Requirements-to-Build-Moderately-Priced-Dwelling-Units-MPDUs-and-Changes-to-Sale-or-Rentals, Bills 22:27-29). There are 2 means to increase construction: 1) nearly doubling the fee-in-lieu cost for each unit not built, thereby enticing construction rather than simply paying a fee and 2) receiving additional bonus housing construction permits for each MPDU built above the 12.5% required in the code. Thank you Jessica Fitzwater and the Council members who supported this commitment!

County APFO on Traffic
The McKay-Hagen bill (22-17, https://frederickcountymd.gov/DocumentCenter/View/340048/Bill-No-22-17---APFO) that expands requirements for developers to address traffic congestion through road construction, merge lanes, and intersections has passed, thereby reducing the increasingly difficult traffic woes that the rapidly growing County is experiencing. It also provides a 5% Escrow account for future roads that would likely follow any development as new developments serve to foster additional building beyond the development currently under construction. This is a progressive step in trying to address increases in vehicular traffic and is most welcome by the CRG!

Sugarloaf Mountain Plan
In the ongoing County Council discussions of preserving Sugarloaf Mountain through adoption of a small area plan, on Tuesday, October 25, the County Council discussed and rejected Council Member Kai Hagen’s compromise amendment to address the major landowner’s (Stronghold) threat to close Sugarloaf mountain to the public, while still protecting the most endangered land adjacent to I-270, including the Natelli Cutoff intended for a large Amazon data center. The amendment failed 3–4 with members Hagen, McKay, and Donald voting in favor, and members Keegan-Ayer, Fitzwater, Blue, and Dacey voting against. County Executive Gardner spoke against the amendment prior to the vote.

Council Member Fitzwater proposed an amendment eliminating the Overlay language (zoning specifics) from the Sugarloaf Plan. This amendment passed 4–3 with members Fitzwater, Keegan-Ayers, Blue, and Dacey supporting the proposal and members Hagen, McKay, and Donald opposing. The Plan, without the Overlay language, shifts to an aspirational measure, or as Council Member Steve McKay said, “just a pretty book.” Council member Fitzwater then moved to adopt the Sugarloaf Plan without the Overlay language. The motion passed with all members in favor, as those believing the Plan, even absent the Overlay, at least indicates a commitment to preservation and conservation in the treasured area, a good starting place for the new County Executive and Council members that will be elected on November 8. 

The Zoning Overlay has thus been remanded (returned) back to the Planning Commission. The new County officials will be free to revise the Plan and Zoning Overlay in any manner, including ignoring any plan, but free to approve any development proposals. Council member Jessica Fitzwater said if she is elected County Executive, she will push for a Zoning Overlay that considers preservation and property rights.

What has been accomplished
The passed version of the Sugarloaf Plan maintains the I-270 boundary.

The Sugarloaf Alliance has organized to advocate for preservation and is continuing its objections to any Sugarloaf Plan that does not focus on preservation and conservation of this area. The failure to pass the Overlay means that the work of citizens to preserve the area must continue. Currently, the Alliance is seeking, through Maryland Public Information Act (MPIA) requests, details of developer meetings with state officials as well as details of local County meeting communications on the boundary cut-outs in the 2021 version of the Plan and the closed meetings with Amazon Web Services. Little has been received and the Alliance is now in court to secure these materials (the Alliance has retained MPIA and land-use attorneys). Any information is important for deliberations by the new County Executive and Council members.

Beyond Sugarloaf, it is useful to recognize that the Sugarloaf Plan is the first of ten small area plans identified in Livable Frederick. The same issues will arise with potential removal of any “teeth” to guarantee that preservation/conservation are at the forefront of negotiations on new growth areas.

For more information, please go to the Sugarloaf Alliance website sugarloaf-alliance.org.


Street Safety
The Engineering Department presented residents in NAC 6/9 with a plan to paint street lane markings in an attempt to calm traffic. They are going to be starting this project soon. The Street Safety Gang (SSG) acknowledges this as a good start and is grateful that we are able to continue the conversation. If you'd like more information, email Gayle Petersen at streetsafetygangfrederickmd@gmail.com

Related to street safety, the Traffic Engineering staff explained to NAC 11 members the types of traffic calming currently used and planned for the City as well as benefits of/challenges to each option. CRG is seeking to obtain a copy of the Traffic Engineering presentation.


Update on N. Market Street
Last Saturday night/early Sunday morning (October 22–23), another violent attack occurred on North Market with a triple stabbing on the 100 block. For those who dismissed the summer shootings and related incidents as a problem for those “farther North,” this is a rude awakening that no place Downtown is immune from violence. Hence, it is important to examine the factors contributing to angry, or inebriated, and/or out of control individuals who feel they can cause whatever problems they wish because nobody cares or will do anything to stop them.

The most obvious and prevalent issue is the level of alcohol abuse in the licensed alcohol venues and BYOB establishments along Market and feeder streets. As most incidents happen between 2:00 and 5:00 AM, public and private security needs to be re-examined, re-established, and prioritized, including reconsideration of hours of operation. Additionally, owners need to be held responsible for over serving their patrons and must practice responsible in-house service practices. Although the Frederick Police Department officers have been working overtime, these public servants must respond to multiple, often distant, late-night locations to deal with one altercation after another.

A less obvious but important factor is the message the City sends by not taking control of the environment on the street, fostering acceptance of "blocks that don’t matter." Poorly maintained sidewalks from the corner of N. Market and Third Street north with tree stumps remaining in the middle of the walkway for more than a month and multiple vacant properties suggest that no one cares and nobody is watching. Together with the decades’ long issues with the Carmack-Jay parking lot as an after-hours congregation area for bar patrons, drug dealers, and prostitution, it is clear why people perceive that Downtown ends at the corner of Third Street and Market. Finally, allowing cars and trucks to treat our street as a raceway, speeding light to light with little regard for pedestrian safety, often at excessive noise levels, only further adds to the message of ‘anything goes’ in these
N. Market Street blocks. Until these issues are addressed and this part of our “Main Street” is treated with the same attention given to what is considered the “core” of downtown, nothing will change, and both lives and opportunities will continue to be lost.

Each of these are correctable problems if the City has the political will. The more the residents of the impacted neighborhoods continue to voice their concerns, the better chance we have to create a safer City for all. Effective action begins with your continued input into City meetings about N. Market, ranging from the just-awarded Streetscape Study funds to your participation in the 7th Street – N. Market Art Design Public Meeting at 7 PM on November 9th at the Bernard Brown Community Center, 629 N. Market Street. If we work to change the environment on N. Market Street, we can reduce the perception of the neighborhood as an ignored, depreciated portion of downtown with late night meeting/party locales that sometimes result in inebriated and violent patrons causing havoc in our streets.


Upcoming Meetings of Import

N. Market Fountain and Park: The Downtown Frederick Partnership is hosting a public art design meeting on November 9, 2022 at the Bernard Brown Community Center, 629 N. Market Street, at 7 PM. The Partnership is seeking public input on the small park’s sculpture that will be part of the fountain and gardens planned for the site, often viewed as the northern end of the tourist downtown area.

West Side Library: A public meeting will be held at 6 PM, November 16 at the Hillcrest Elementary School to discuss multiple options for a new public library on the west side of Frederick. County and City officials have a suite of options, so voice your opinion!

County Liquor Board Meeting: The Board of Licensed Commissioners (Liquor Board) for Frederick County will be hosting the 7th Annual Public Alcohol Forum, on Monday, November 14, 2022, at approximately 9:00 AM (after the public hearing). The forum will be held at Winchester Hall located at 12 E. Church Street in Frederick. The forum is designed to take input and solicit ideas for the 2023 Legislative Session, as changes to local laws must be done through the state legislature. If you cannot attend the forum, we encourage you to share your ideas by sending an email to LiquorBoard@FrederickCountyMD.gov. As noted above and in previous newsletters, regulating BYOB establishments with the same requirements of other restaurants and liquor establishments should be a high priority.
 
City and County Delegation Meetings: As in previous years, Frederick County state representatives will hold meetings with City and County officials in December to identify priorities our representatives should pursue in the legislature to improve conditions locally. Besides the liquor regulations noted above (e.g., focusing on hours of operation for BYOB establishments), other topics of interest to the CRG include expanding use of speed cameras beyond the current state regulation for deployment only within 0.5 mi of a school, installation of speed bumps, increasing state funds to complement low income housing tax credits (LIHTCs) provided by the federal government to spur affordable housing construction, and allowing local jurisdictions the power to install solar panels on schools at their discretion. If you identify other issues that must be changed at the state level, please notify your County Council or City Board of Aldermen or mayor of the topic.
 

VOTE, VOTE, VOTE!
The election is here (November 8) so make sure to vote through mail-in ballots or walk-in! This is a critical election for governor and our state legislature but very importantly, County Executive and members of the County Council and Board of Education. The first two will determine growth and development in the County, including suburban developments, digital centers, Livable Frederick-identified growth areas (most immediate is Sugarloaf Mountain), salaries and fringe benefits for staff and service members, health and safety policies, and amounts and allocations of collected taxes. Board of Election members will determine what is taught in our public schools. DO NOT ABDICATE THIS RESPONSIBILITY — VOTE!

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Contributors: P. Gallagher, R. Huber, S. Jakubczyk, E. Law, G. Petersen, R. Robey, M. Rosensweig, K. Sellner

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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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