- Sustainable Growth and School Capacity
- Critical Digital Infrastructure
- East Street: Brickworks Town Center, Form-based Code, and other
Properties - Climate Update
- Street Safety
- BYOB Update
- City Charter Review
- VPRO (Vacant Property Ordinance) Update
- West Side Library Progress?
- Ft. Detrick Update
- Sugarloaf Update — Overlay Zoning Ordinance
- NAC Revitalization
- Single-use Plastic Bags
- Upcoming Events
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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Sustainable Growth and School Capacity
We reflect on 2004 to note that the Frederick County school capacity situation of today looks a lot like it did “way back then.” In its January 24 “Yesterday” column, the Frederick News Post quoted a response from then-County Commissioner Jan Gardner to the governor’s 2004 trimmed capital budget which would negatively impact schools. Gardner said, “It’s pretty bleak, no matter how you look at it,” and “it’s excessively bleak if we don’t moderate growth.” CRG applauds residential development to accommodate increasing population growth (ideally with a major commitment to affordable/workforce housing) while we vigorously advocate for adequate schools to meet that increase. The State Education Department just published data (Frederick News Post, June 27, 2023) indicating that the County’s student enrollment has increased 10% in the last 5 years, the fastest in the state, well over Carroll County at 2.4%. Where will we put them? Currently, 24 of 42 elementary schools are “closed for transfers” next year, meaning they are at 95% or more of the state-rated capacity. Elementary schools are at anywhere from 74–170% of capacity. Six of 18 middle schools are “closed for transfers” as are 6 of 12 high schools. These data notwithstanding, there are no plans for additional schools which, as we learned at the January 23 District 4 budget meeting, can take 10 years from planning to accepting students. As well, we are concerned that the City continues to allow developers to pay school mitigation fees or school construction mitigation fees (a lower fee) as an alternative to waiting for adequate school capacity or developer payment for a school addition or construction of a new school to address the clearly significant need. We urge readers to follow development applications and commitments to building schools and meeting the huge demand we now face—and will face as more residential developments come online.
Critical Digital Infrastructure
The Eastalco site north of Adamstown has been purchased by Quantum MD LLC with 27 parcels over 2100 acres committed to construction of massive digital data centers. The company and several other firms have additional parcels surrounding the site and have a right-of-way for construction of data fiber conduits from Virginia to the property. Details for electricity supply, potable and cooling water delivery and treatment following Center use, as well as minimizing stormwater impacts, are under review by the County and State. Discussions with Quantum staff, County officials and staff, and residents are on-going to safeguard local communities, natural resources, and public water supplies with possible amendments to the recently passed County Critical Digital Infrastructure Bill under consideration. Stay tuned for updates on progress in responsibly protecting our County’s lands, communities, and public utilities.
East Street: Brickworks Town Center, Form-based Code, and other
Properties
On January 17, the largest development ever proposed for the City, had an initial screening at City Hall in a community-wide meeting. The new construction would include 1260 units, 130,000 sq ft commercial area, and a hotel in the 61+ acre site at East Street and South Street. The developers describe it as a ‘town center’ similar to large modern complexes in Annapolis and Columbia. Nearby residents and a commercial firm adjacent to the property agreed that development at the former Brickworks property should occur, BUT:
- any new development should include substantial affordable/workforce housing (re-emphasizedin the January 23 District 4 budget meeting) for cash-limited younger residents and members of the ALICE community.
- there does not appear to be a well-conceived traffic plan for the 1260–3000 new vehicles that would enter that area, and
- Frederick’s town center is already defined by historical architecture, small businesses,and walkability in our City-identified historic district. It is to this existing downtown that visitors are/should be drawn. Any new structures or businesses at the proposed project will have to exclude potential competitors to our existing town center.
CRG strongly advocates developing form-based code as the guidance for new construction along East Street from Monocacy Boulevard to N. Market Street. At a minimum, the City should require form-based code attributes, with or without City adoption of the code, in the Brickworks designs. Bottom line and concern: The current concept for the project is likely to dictate the future East Street vision, putting the “cart (i.e., Brickworks Town Center) before the horse (form-based code)".
Additionally, there was considerable bewilderment about how City staff could have moved forward the huge development at the entrance to the East Street Corridor (and a Gateway to historic Frederick) while, at the same time, working with a consultant and informed by multiple resident, business, and NGO-populated charrettes to define a form-based building code for the design of the corridor’s architecture and accompanying traffic network. There’s a similar anxiety for possible new construction at two other East Street properties before the form-based code is enacted, with demolitions proposed for the Roads and Rails Museum and the large home owned by the MD School for the Deaf adjacent to The Showroom-Rockwell microbrewery lot. Demolition followed by what? Wouldn’t it be better if new construction waited for adoption of the imminent form-based code for the corridor? Make sure to get involved in reviewing the soon-to-be proposed form-based code and Planning Commission meetings focusing on these properties.
Climate Update
On January 19, the City Board of Aldermen unanimously adopted a resolution supporting a City commitment to reducing greenhouse gas (GHG) emissions and building infrastructure resilience to our new climate. The resolution was a result of a City- and County-requested report listing recommendations for improving public health, ensuring long-lasting infrastructure for the climate’s extremes, and adopting strategies to lower releases of carbon dioxide, methane, nitrous oxide, and other GHGs. The City has moved forward with several initial efforts including purchasing electric vehicles, installing EV charging stations, setting up a Greenbank, and placing solar panels on carports at the new police headquarters. It’s hoped that all future major City policies will be adopted through the lens of climate change, perhaps starting with the Brickworks Town Center and form-based code!
Street Safety
Senator Karen Lewis-Young and Delegate Chris Fair have been very active in their first two weeks of the session, submitting clarifying language for use of speed monitoring systems (ideally speed cameras) in all municipalities anywhere officials elect. Excessive speed on City and County streets has become routine during the pandemic, with little enforcement of speeds in urban and suburban areas. Hence, there is a need to deploy speed cameras for ticketing the most egregious offenders. Whether our officials and officers agree to deploy and issue citations remains to be seen even with possible adoption of the legislation as there has been resistance to this approach for several years. The Street Safety Gang looks forward to continuing to work with the City to monitor and slow the speed of traffic throughout our streets and neighborhoods. Some progress has occurred. For example, street striping has been installed on some Kidwiler neighborhood streets, to be completed in the spring. The effort has been met with mixed reviews. Making the travel lanes narrower does slow the speeds of most opposing traveling cars, but it has less impact on unopposed drivers traveling down the middle of the street. We will continue to advocate for traffic calming measures and will support Senator Karen Lewis-Young's bill calling for Speed Cameras. We welcome all interest in our efforts.
BYOB Update
Our State Delegation has been supportive of citizen-led efforts to ensure safety on our streets after dark which has been jeopardized by unregulated BYOB establishments. Currently a draft legislative proposal is being developed in Annapolis led by the efforts of Delegate Kris Fair and supported by State Senator Karen Lewis-Young. A minimum goal is to establish some sort of oversight agency along with a reset of hours of operation and staff training requirements like those existing for craft breweries and distilleries. Recall that multiple shooting incidents, one fatal, several knifings, along with 2–4 AM street parties, noise, and destruction of private property typified N. Market Street and cross streets from last summer through late fall. Only the colder winter weather has slowed the mayhem created in large part by this lack of regulation and enforcement. Currently the City has chosen not to take a position on supporting this initiative even though public safety is the prime directive of any form of government and is embedded in the City Charter and Strategic Plan. Hopefully, the positive actions taken by Frederick's representatives in the state delegation, with or without adoption of the legislation, will help inspire our local officials to elevate their efforts and fulfill their obligations on this critical safety and public
City Charter Review
The Mayor has established an 11-member Charter Review Committee to review and potentially revise the City’s charter, last adopted in 2013. The committee will meet at City Hall the first and third Thursday of each month and public comment is encouraged. The charter details election rules and dates, responsibilities of elected officials, processes for policy adoption and implementation, oversight responsibilities of staff as well as important issues such as possible districting for the City Board of Aldermen and open primaries. The first in-depth meetings will focus on Sections II Board of Aldermen and III Mayor, critical to checks and balances in City government. Go to https://www.mdmunicipal.org/DocumentCenter/View/102/frederick?bidId= to review the charter and https://cityoffrederickmd.gov/ CivicAlerts.aspx?AID=7123 for the goals of the committee. The charter defines City governance and operations for 10–20 years so PLEASE provide ideas over the next 6 months!
VPRO (Vacant Property Ordinance) Update
In 2020, the City of Frederick enacted a vacant property ordinance “…to reduce blight by encouraging property owners to sell, lease or occupy vacant structures; to ensure that owners of vacant properties are known to the City and other interested parties and can be reached if necessary; to ensure that owners of vacant properties are aware of the obligations of ownership under relevant codes and regulations; and to ensure that owners meet minimum standards of maintenance of vacant properties” (https://library.municode.com/ md/frederick/codes/code_of_ordinances?nodeId=PTIITHCO_CH12.5REPRMASA_ARTIVVAPR).
With passage, vacancy periods and registration requirements were set for non-residential and mixed-use properties that became and remained vacant for extended periods of time. These rules state that after:
- 1 year of vacancy, registration of properties vacant for at least 12 months is required. The first registration deadline was December 1, 2021. These properties must be reregistered each 12 months they remain vacant. As additional properties become vacant and remain so for 12 months, they must be registered.
- 2 years of vacancy, registered properties are subject to inspection at the time of reregistration. Accordingly, during 2023, properties registered in 2021 should be inspected for compliance with maintenance standards.
- 3 years of vacancy, registered properties will be deemed “habitually” vacant for tax purposes.
We are closely following implementation of this ordinance and have been advised that
inspections would commence within 90 days. Stay tuned.
West Side Library Progress?
At
the District 3 County budget listening session on January 25, County Executive
Jessica Fitzwater made news when she announced the County’s full commitment to
construct a library in the West End on a land parcel in the City’s Westside
Regional Park. Advocates within the community have been pressing for a West End
library for two+ years, experiencing various levels of pushback from the prior
administration about its final location and accessibility to the adjacent
community. Fitzwater praised the current City-County partnership on the
project, while also reiterating that there are still many details to work through
ahead.
The room at Waverly ES was packed, with 60+ residents in attendance, representing a strong cross-section of the community's racial and ethnic diversity. Most attendees were there for one budget item, to advocate for the construction of the West End library. While advocates continue to push for the new library to be constructed and open by 2025, the feeling for many in the room was that a major milestone had been reached. Now the focus will shift to how community input is gathered and meaningfully sustained during the future design, construction, and programming stages (and whether and how the $7 million the City recently budgeted for a community center project at that same location can be integrated into the library proposal). CRG enthusiastically thanks Ms. Fitzwater for her strong support!
Ft. Detrick Update
Detrick’s Restoration Advisory Board (RAB) meeting was held on January 11, 2023. Presentations included the Army Corps of Engineers (USACE) latest report of its sampling for contaminated groundwater at the Waverly development. Last year 9 wells had compounds above safe thresholds; this year 5 of the 9 wells continued to do so. All sample wells were closest to the Ft. Detrick boundary. The USACE will continue its sampling program into 2024. Arcadis, the long-term consultant involved with mitigation at Ft. Detrick, provided a useful update on all investigation projects by multiple agencies.
At the state legislature, Senator Karen Lewis-Young and delegate Kris Fair have submitted draft text that modifies language of a state bill on Residential Property-Sales Contracts- Disclosures that requires the homeowner and developer of the unit to notify the purchaser that the home is within 0.5 miles of a superfund site. This is a huge step in providing some protection, or at a minimum, awareness of possible exposure threats that the new homeowners could face in their new home, thereby allowing prospective buyers to explore health concerns from the toxins that they or their families may experience. Development surrounding Ft. Detrick remains a continuing concern so stay tuned!Sugarloaf Update — Overlay Zoning Ordinance
A
County Planning Commission special meeting on the Sugarloaf Overlay Ordinance
was held on January 18, 2023. The purpose of the ordinance is to create zoning
that provides further protection of land that is currently zoned “Agricultural”
or “Resource Conservation”. The overlay would clearly define the Sugarloaf
Mountain Protected Landscape as off limits to dense residential or data center
development. After a brief summary describing the Sugarloaf Plan previously
approved by the County Council, members of the public were divided into 5 focus
groups. Each group contained one planning commissioner, one senior planning
department staff member, Sugarloaf Mountain area landowners, environmentalists,
a Natelli family member or associate, and a realtor. The planning staff member
took notes, which will be shared with participants and presumably become part
of the public record. The next workshop is scheduled for February 15, 2023, at
6:30 PM. We encourage as many people as possible to attend in person to support
the preservation of the Sugarloaf Mountain area by promoting the Overlay Zoning
Ordinance.
NAC Revitalization
In the likely last City effort to revitalize the Neighborhood Advisory Councils, the Mayor has sought volunteers to comprise a resident engagement committee to determine the future role of these resident-populated groups where neighbors can discuss important topics specific to their communities. According to former Mayor Jennifer Dougherty who originally established the bodies in 2003, the importance of NACs in civic engagement and input to staff and officials has generally declined with each administration to the present. The most egregious change occurred at the beginning of the pandemic with one of NACs’ most important roles, open discussion on all new development across the City with staff and developers, eliminated. This critical loss of dialog with a neighborhood on the community character proposed in sub-regions of the City has led to City-mandates for an ‘anything goes’ new construction policy independent of resident opinions and concepts. To counter this loss of input, CRG members proposed revisions to the Land Management Code two years ago to require staff, developer, and resident discussions of any proposed new construction in the City on submission of any development application, before staff review and feedback to the developer (pre-application review). Unfortunately, even with praise for the effort, no action on the text occurred and erosion of input has continued. In CRG’s opinion, unless the NACs are returned to their original important role in what occurs in their neighborhoods, there is no reason for the City to maintain resident groups with no role in critical City issues of infill, new construction, and public safety.
Single-use Plastic Bags
Now that we’re in the middle of winter, it’s more obvious just how much plastic trash is in our environment. Most of this litter remains in the ecosystem, breaking down in our soil, and washing into our waterways where it pollutes the Chesapeake Bay and ultimately, the ocean. Plastic bags are in the top 5 of these littered items.
City of Frederick Alderwoman Donna Kuzemchak plans to introduce legislation to ban these bags. The legislation was drafted with the help of the Sierra Club. The bill, as proposed, bans single-use plastic carryout bags, and requires retailers to charge at least 10 cents for paper and other carryout bags to encourage shoppers to use reusable bags. A workshop to discuss this legislation will take place on February 8, 2023 at 3 PM at the City Hall Boardroom. Most City of Frederick Workshops are streamed online. If you’re not able to attend, you can watch and send an eComment here: https://www.cityoffrederickmd.gov/901/ Public-Meetings.
Also, a quick way to show your support is to sign this petition. Signatures will be delivered to the Mayor and Alderpersons.
Upcoming Events
- County Planning Commission Meeting, February 8, 2023, 6:30 PM, Winchester Hall:Public hearing for rezoning 223.54 acres of Agricultural zoned land to General Industrial for future data center construction
- City Planning Commission Meeting, February 13, 2023, 6 PM, City Hall: Final Site Plan for Building 3, Visitation Academy
Contributors: J. Bokee, P. Gallagher, R. Huber, S. Jakubczyk, E. Law, G. Petersen, 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.
