Frederick City and County News of Interest VOL. 2, NO. 3 | MARCH 4, 2023

 VOL. 2, NO. 3  |  MARCH 4, 2023

Frederick City and County News of Interest

1. Linganore Area Development and Impact on Roads, Schools, etc.
   
2. Digital Centers
   
3. Urbana Development
4. Sugarloaf Overlay
5. City Charter Review
6. BYOB Update
7. NAC Update
8. Form-based Code and Brickworks Update
9. Tax Credits for Veterans and Seniors
10. 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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Linganore Area Development and Impact on Roads, Schools, etc.
In 2014, the Frederick County Board of Commissioners (the County’s governing body before the current Charter Government was enacted) established three development areas (2608 units in Gordon Mills, Casey, and Calumet properties) surrounding Lake Linganore. These DRRAs (Development Rights and Responsibilities Agreements) waived many of the requirements of the Adequate Public Facilities Ordinance (APFO) that address developer responsibilities for roads, schools, stormwater, etc. As a result, these developments, now coming online and having already submitted preliminary site plans for construction under the old regime, have modest requirements for local school and road needs in the coming years.

Many County schools are currently over-enrolled but per Maryland State Department regulations schools are not considered “over capacity” until they reach 120% of State Rated Capacity (SRC). According to the FCPS (Frederick County Public Schools) master plan, enrollment projections for September 30, 2023 indicate that 24 (of 43) elementary schools (ES) are “closed to out of district transfers”. Of those, 21 are at 100% or more capacity. Three (of 17) middle schools (MS) are closed to transfers, one of which is over 100% enrolled, two are at 99%. Four of the six “closed” high schools (HS, of 12 schools) are more than 100% enrolled and 2 are between 95–99% full. As charts below show, by 2031, enrollment at 22% of ES will be over the SRC as will 6% of MS and 30% of HS.

In the Linganore feeder area, 5 of 8 elementary schools, 1 of 2 middle schools, and 2 of 2 high schools are “closed to transfer”. As a step forward, the FCPS Plan indicates that 2 schools are under construction or renovation and one is in planning which might alleviate some of the future overcrowding for this feeder area, but will that be sufficient for children from 2608 units? Moreover, roads and intersections in the Linganore area are already congested. For the first project (Gordon Mills), development is dependent on construction of the New Market By-pass with no definite funding currently in place. Even with >20 residents requesting rejection of the 2014 contracts, the County Planning Commission is obligated to follow the 2014 contracts, supported by the MD Court of Appeals in 2015 (https://thedailyrecord.com/2017/01/03/md-appeals-court-rules-against-environmentalists-in-zoning-case/?ep=1 and https://www.courts.state.md.us/sites/default/files/unreported-opinions/1273s14.pdf.)

We are now about to pay the price for these poor decisions from 8+ years ago with children surrounding Lake Linganore attending very overcrowded schools and a dim future with only limited construction planned for the next decade (within 8 years, one school will be over 200% capacity). For the Gordon Mills development (https://www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/14065), the developers have provided property for future school construction as well as school funds approximating $25M but these are inadequate for the current and future elementary, middle, and high school capacities in the Linganore community. Join the County Planning Commission in the near future to challenge these threats as responsible growth should mean planning for student education! And, please be prepared to assist revising County and City school capacity requirements for all future developments — if it takes 3 years to build the first homes of new developments and school capacity is assessed starting on Planning Commission acceptance of a final site plan years before construction actually begins and homes are occupied, schools will always be overcrowded!

Digital Centers
Quantum MD LLC has received County Planning Commission support for subdivisions within its Eastalco site, expected as the company has provided extensive reforestation plans for its 2100-acre property. Several County residents continue to discuss Quantum plans for the site, focusing on stormwater, power, neighbor impacts, and company collaborations with Adamstown just south of the area. An adjacent 223-acre property to the west has received County Planning Commission rezoning from Agriculture to General Industrial, thereby setting up future data center development directly adjacent to the Eastalco site. The County Board of Appeals will also review Quantum’s request for laying its 42 mile fibre conduit from Virginia to the Eastalco site and its return. Based on the extent of the centers and fibre in the southwestern portion of the County (https://www.datacenterdynamics.com/en/analysis/quantum-loophole-heads-out-of-virginia-and-into-maryland/; https://www.datacenterdynamics.com/en/news/aligned-buys-plot-of-land-on-quantum-loopholes-gigawatt-campus-in-maryland/), it is crucial to revise the current Critical Digital Infrastructure Ordinance within a few months, prior to digital companies building on the two areas and along its data fibre route, to ensure protection of our County’s lands, natural resources, water supplies, and character of surrounding communities. To that end, the County has just announced formation of an Architectural Review Committee “…to review site development plans for proposed Critical Digital Infrastructure Facilities” with an application due date of March 17. If you have appropriate skills, provide a letter of intent and resume to Ms. J. Grossnickle, County Executive’s Office, Winchester Hall, 12. E. Church Street, Frederick, 21701. Let’s ensure minimal impact from these huge centers that will bring in substantial County revenue for needed schools, roads, and other infrastructure in our beloved area.

Urbana Development
The Urbana developer Natelli Communities has submitted several applications to complete construction planned when the community was initially established (https://www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/14058). A particularly sensitive area is directly in front of the town’s library where, on March 1, 43 townhouses were accepted by the Planning Commission eliminating substantial portions of the open area in front of the library that has hosted various community festivities for the past several years. The County Planning Commission acceptance, to the dismay of multiple Urbana residents attending, calling in, or providing voice mails to the Commission members at a previous workshop and hearing, was particularly disappointing.

It appears that many residents were unaware of the long-term construction planned for the Urbana Villages (Villages), reflecting poor communication from the developer or lack of buyer understanding at the time of sale for many properties. In the City of Frederick, there is no requirement that a seller must notify a buyer of requirements of living in the Historic District of the City, putting the burden on the buyer to read at settlement the >50 page Historic Preservation Guidelines on what can and cannot be done in this area. Is that the same process for the Villages, with a buyer notified of documents detailing future long-term construction on the settlement date? What buyer, after months of exploring the area, selling their other property, finding schools, moving from another locale, etc. is going to delay signing at the very last minute so he/she can read the long-term Village development plan? Perhaps a local if not state option is a requirement that all future construction in a community, particularly a planned community, must be identified on initial property inspection? That would at least minimize unexpected new construction threats for homeowners. That type of buyer notification is now under consideration by the state legislature for developments around contaminated sites like Ft. Detrick. Will it be adopted? Development keeps rolling, but early notification on future construction planned for an area might be an option to at least have informed property purchases, “knowledge of what you’re getting into”. Having answers to these questions would help current and prospective residents make better decisions about one of the largest investments in their lifetime.

Sugarloaf Overlay
The County Planning Commission (PC) held a Commissioner-resident-stakeholder charrette in February to identify multiple public and private concerns for future development and environmental concerns on Sugarloaf Mountain. In the recent PC meeting summarizing the charrette input, uncertainties on input as well as the absence of representatives from Stronghold landowners resulted in a deferred decision on establishing an overlay on Sugarloaf Mountain until March 15. If you are concerned with future access, existing landowner concerns, and potential construction on the mountain, be prepared to attend or provide comment on the overlay for the area. A meeting agenda will be posted on the County’s website approximately 7 days prior to the meeting on the 15th.

City Charter Review
The City’s Charter Review Committee (https://www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee), meeting the first and third Thursday of each month, continues their deliberations. They have identified four focus areas to be explored in sub-groups (Election Issues and Administration, Legislative Body, Structure of Government, and Sections in Charter v. Code and Procedural Issues), likely indicating Charter sections for possible revision. Of concern is communication with residents. While currently limited, public comment is encouraged; one member with considerable communication and outreach experience is taking on that responsibility and all members are optimistic for much greater access for the community. The ‘meat’ of the committee’s tasks now begins. Stay tuned and participate as it’s your future government that will be defined!

BYOB Update
We want to thank Senator Karen Lewis Young and Delegate Kris Fair for drafting and sponsoring a comprehensive bill that would have had a major impact on how BYOB establishments in Frederick County are regulated and would contribute to the safety of City and County residents and visitors. Unfortunately, their hard work was unsuccessful as the County’s delegation to the Maryland General Assembly voted 8–4 along party lines against supporting the legislation (with the District 1, 2, 3, and 5 representatives voting against and District 4 representatives voting in favor).

This disappointing decision along with the City of Frederick’s reluctance to support the legislation — despite support from the Frederick Police Department (FPD) — were the main factors that resulted in the bill being pulled at the last minute. Undeterred, Senator Young and Delegate Fair have vowed to start again and intend to reintroduce the bill in 2024 with a focus on BYOB establishments in the City of Frederick. Here’s hoping our various officials across all channels can work together for the good of the people who elected them.

NAC Update
The City established an 11-member Ad Hoc Neighborhood Engagement and NAC Committee with a first introductory meeting on February 28. As stated in the last newsletter, the CRG believes this is the City’s last opportunity to remake a functioning resident body to work collaboratively with the City on neighborhood concerns as well as learn of City ideas on future policies under consideration for improving infrastructure and quality of life of its nearly 80,000 residents. NACs (Neighborhood Advisory Councils) were first established in September 2002, clarified in December 2002, and updated by Resolution 12-05 in 2012. The stated purpose of the NACs is to “…serve in an advisory and partnership capacity to:

1. Bring neighborhood issues and concerns to the attention of the appropriate City staff and elected officials.
2. Propose responses and solutions to address these issues and concerns.
3. Work collaboratively with existing government agencies and other civic and community organizations; and
4. Provide City staff and elected officials with advice and feedback on City initiatives, proposals, and policies, as well as land development and other private proposals affecting neighborhoods.”

CRG believes that these responsibilities have largely been minimized with the most important — #4 — completely lost as official City implementation of NAC-suggested options on “…initiatives, proposals, and policies, as well as land development and other private proposals affecting neighborhoods” no longer exists. At the first meeting, the committee members suggested that it’s very likely that more than the initially proposed 5 meetings would be needed for the deliberations and submission of a final report. The big question remains: can an effective NAC structure and its responsibilities be re-created and implemented? Fingers and toes crossed…

Form-based Code and Brickworks Update
Support in the community is strong for Form Based Code (FBC) and the need for the Brickworks project to comply with the code’s principles among City planners, elected officials, residents, and others who have weighed in over the past several weeks and months.

Form Based Code (FBC): The City has been reviewing a draft of the FBC since late December and a revision, incorporating comments from City staff, may be completed and then made available to the public for review in approximately one month. Advocates strongly recommend that the City support a series of classes on FBC to educate residents and other stakeholders on how the code can be used to guide/control building design quality. These lessons will be invaluable in preparing the public for making an informed response to the code that will guide development for decades to come. At this time the FBC is planned for two corridor small area plans in the City: East Street and the Golden Mile. In the long-term, it is understood that a small area plan based on FBC principles will be executed for all sections of the City. There will be transition issues to work through between the FBC and the existing Land Management Code (LMC) as it is anticipated that the FBC will supersede the LMC over time.

For a first complete review of the FBC, follow the presentation on March 8, 3 PM at City Hall (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=4717&meta_id=138719).

Brickworks Development:  As noted above, while the FBC has not been finalized and adopted by the Mayor and Board, it is hoped that the Brickworks development will follow the intent of the code in the Master Plan now under review and comply with the code, should it be adopted prior to submittal of site plans for this large project that will serve as a major gateway into the City’s unique downtown. Watch this space for more clarity on the topic as, currently, much discussion is occurring behind the scenes and decisions are yet to be made.

Tax Credits for Veterans and Seniors
To the dismay of many County residents, recently released tax assessments for many properties increased 20–30% indicating a substantial increase in property taxes will follow shortly. These large increases may be major financial calamities for home/property owners, particularly those on fixed incomes. To potentially ease this burden, the County held a February 28 workshop on veteran and senior property tax credits as a prelude to eventual hearings to revise fiscal impacts of the tax increases. If you know of veterans or seniors, please share with them this growing effort to help reduce the fiscal impact on these groups of valued citizens.

Upcoming Events
City Charter Review Committee: March 16, 1:00, City Hall
 
Contributors: S. Jacubczyk, 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.