VOL. 2, NO. 4 | APRIL 10, 2023
Frederick City and County News of Interest
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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To our Readers:
Articles listed below are organized by topic with dynamic links to connect readers to specific articles below.
PUBLIC SAFETY
Focus on recent violent crime
- FCPS School Construction
- Gordon Mill development in Lake Linganore
- Brooklawn Condominiums
- Senior and Affordable Housing: Woodsboro Bell Ct. Apartments and Brunswick PILOT Project
- Form-based Code
- Proposal to Revise Chapter 19 of the City Code re: MPDUs
- Affordable/Workforce Housing Update
- LMC Text Revision for Increased Density in the Carroll Creek Overlay (CCO)
UPCOMING EVENTS
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PUBLIC SAFETY
The primary responsibility of any government is the protection of its citizens. The Uniform Crime Reporting (UCR) data for Frederick City show a 17% increase overall in crime from 2021 to 2022 and many residents question whether the City has in place resources to assure an adequate response.
We suggest the City can undertake immediate steps to address safety and security issues before they become large problems as a commonsense approach to minimize the risks of walking the streets of Frederick:
- Although more policing is only a short-term fix, review where most incidents occur and authorize overtime to increase police presence. Persistent challenges must be addressed. The more an undesirable situation is allowed to fester, the more dangerous it becomes and the more difficult it is to resolve. South Market Street area residents assert, and data support, that a police presence around S. Market and South Streets was helpful and we are encouraged that this presence will be reinstated shortly.
- Identify additional initiatives, resources, and support the City can provide. Legislatively the City could develop guidelines and ordinances that limit the actions of unregulated BYOB’s, especially those that operate in heavily residential areas. An earlier closing time, alcohol training, enhanced security, and increased accountability through the issuing of a license to operate would go a long way in preventing further escalation.
Development and Restoration/Rehabilitation Projects
FCPS School Construction
A continuing development issue across the City and County is the overcrowding of many public schools and the seeming lack of planning for new school construction. An East Frederick Rising (EFR) contingent met with several FCPS staff on March 14 to learn of City and County policies for assessing current school enrollment and future capacity estimates. It appears that the County quickly informs the FCPS of new developments to be built in the area, thereby enabling rapid school assessments and planning for possible school redistricting, additions, or new construction.
Unfortunately, a similar rapid notification on new developments within the City is often delayed, spotty, or never delivered resulting in less than optimal planning. It was immediately evident that FCPS recognizes the need for additional schools in the eastern portion of the City but staff were unaware of multiple new developments within the corridor area, thereby jeopardizing planning for future student access to adequate schools and education. EFR participants posed several solutions to remedy communications between City planning staff and FCPS and these ideas will be raised with the City in coming weeks. If you care about public education within the City and County, please be prepared to comment in the coming months on needed revisions to City and County procedures to ensure identification of all new developments to the FCPS for future school construction planning. Additionally, revisions to current codes on developer requirements for assessing school capacities on first construction vs. acceptance of a final site plan (which can be 5–10 years before actual construction begins) are critical to adequate education opportunities for our young residents entering our public school system — it’s only through public pressure that these changes will occur!
Gordon Mill Development in Lake Linganore
The Planning Commission (PC) held another hearing on March 15 to review and vote on the preliminary plan for the Gordon Mill development, and after substantial discussion and public input on school capacity, stormwater threats, and access to/from other Linganore areas, the Commission could not find sufficient member interest in voting on the plan at this time as much more content still had to be examined. Points to be resolved on April 23 include adequate road infrastructure, sidewalks and crosswalks, housing along Boyer’s Mill Road, and developer commitment to collaborating with owners of a local nature school on a tree-shrub buffer. Stay tuned as this is the first of 3 large developments to be reviewed by the PC that were adopted by the County Council in 2014 with construction and fees determined by regulations of that time and not current conditions or regulations 9 years later.
Brooklawn Condominiums
This project, on a parcel of land zoned for multi-family development and located between Mercer Court condominiums and Rte. 15, has been on the books in one form or another for more than 30 years. The March 20 Planning Commission (PC) workshop discussion and public comment revealed the potential for 37 additional condominium units as well as the many concerns of owners of single-family homes and existing condominiums abutting the proposed construction. Developers have been working with homeowners to address their concerns which include traffic patterns, access by children to the playground and gazebo areas, and screening between the site and neighboring Brooklawn apartments and Mercer Court condominiums. The next step is a PC hearing on the matter. Stay tuned for the date/time and links to on-line documents.
Senior and Affordable Housing: Woodsboro Bell Ct. Apartments and Brunswick PILOT Project
Through a Federal block grant, the County has provided repairs and renovations to 28 single-story townhome-style units in the senior center apartments in Woodsboro, for seniors earning less than 30% of the local Area Median Income (https://www.
DEVELOPMENT-RELATED CODES AND ORDINANCES
Form-based Code
On March 8th, the City’s consultants presented a summary of their suggested form-based code (FBC) that will define possible building design standards, the road network, and location of residential, commercial, and industrial buildings along the East Street Corridor. It is based on the multiple charrettes the consultants held this past summer; the draft has been reviewed by City planning staff and several community leaders have received a copy.
Aldermen and women asked penetrating questions focusing on 1) whether development applications submitted prior to the adoption of the FBC under current Land Management Code (LMC) requirements (e.g., the Brickworks) could be requested to follow new FBC rules or was the initial application under the LMC locked in with no possibilities for revision; 2) how to include public comment at the earliest possible time for Code adoption and pre-application review of submitted development applications; 3) protection of existing businesses and small business owners and their ability to expand using FBC principles; 4) embedding affordable housing obligations into the FBC; 5) setting up tutorials for the public to understand the FBC that defines their vision for the Corridor; and 6) ensuring compatibility of the Corridor’s character with that of the adjoining streets/neighborhoods.
Multiple suggestions were offered by residents, both at the meeting and through e-comment. Several included mandating pre-application review of any proposed development at the earliest submission of a developer’s sketch plans for the Corridor, eliminating waivers and fees-in-lieu for new construction, distributing the FBC for public review plus scheduling tutorials on the Code, consistency of the FBC with the Land Management Code, and role of the community in a proposed FBC Review Committee. Commenters were unified in their concern about projects that might be approved before FBC is in place (mirroring alderpersons’ concerns—see #1 above).
At a Mayor and Board workshop on March 29, Planning Staff announced that a draft will be presented to elected officials and others in the next week or so and will be available to the public soon after for review and comment. Alderwoman Katie Nash submitted a resolution on City commitments to Small Area Plan scheduling as well as City rapid consideration of FBC adoption. The resolution proposes adoption of FBC for all future Small Area Plans that will be developed individually every 3 years, beginning with the East Street Corridor.
The County is also considering adopting FBC for the South Frederick Corridor development in its small area plan (March 15 County Planning Commission meeting), a huge change from Euclidean zoning embedded in County planning. The Plan will be submitted to the state for a 60-day review.
Proposal to Revise Chapter 19 of the City Code re: MPDUs
Alderman Derek Shackelford has proposed a revision to Chapter 19 of the City Code to bring City and County codes regarding MPDUs into alignment to help with development of affordable (or as the Alderman termed it, “price appropriate”) housing. Of significant interest to CRG is Section 19-6.1 of the proposed ordinance that speaks to fees in-lieu (FIL) which allow builders to pay a set amount (in the City) or per square foot amount (in the County) to not construct affordable units. This provision applies to 25+ unit developments, 12.5% of which must be MPDUs. For the past several years, we have heard developers assert they plan to pay a fee in-lieu of building MPDUs, increasing school capacity, assuring water/sewer sufficiency, etc. We suggest that Section 19-6.1 of the City’s code be eliminated. There should be no alternative option to building the required number of MPDUs. If developers want to be part of our growing and vibrant County and City, they should be prepared to do whatever it takes to make that happen — and expanding the availability of “price appropriate” housing is key (see Affordable/Workforce Housing Update below for a continuation of the FIL discussion).
Affordable/Workforce Housing Update
The County’s Transition Report (https://frederickcountymd.
As a contrast to our local progress, Montgomery County is celebrating a 50-year commitment to providing affordable housing next year, with annual summaries of the numbers of units provided over that time span. It appears those data are unavailable for the City and County, a glaring omission for an area with a current need for 11,000–15,000 units according to recent estimates. Local data will be presented in coming newsletters and your help in changing public commitments to providing housing to valued members of our community is sorely needed, including consideration of removing or dramatically increasing fee-in lieu options (Sec. 19-6.1. Payment in lieu of building MPDUs) for all new developments, so the HOUSING IS ACTUALLY BUILT!
LMC Text Revision for Increased Density in the Carroll Creek Overlay (CCO)
At
its March 20th workshop, the City Planning Commission (PC) reviewed the
text amendment offered by Ausherman Properties and Wormald Construction
to increase the density allowance in the CCO. The “envelope” of the
building(s) would not change; the use of space within the envelope will.
This amendment, if passed, will allow builders to almost double the
number of residences/units in their buildings while providing structured
(i.e., within the building envelope) parking. These changes would
result, according to the developers and commenters in favor of the
proposal, in more affordable, though smaller, residential units as well
as greater economic viability for developers. At the same time, the
developer will adhere to CCO height, massing, and scale requirements.
The next step for this proposal will be a PC hearing in the upcoming
months.
UPCOMING EVENTS
— Ad Hoc Neighborhood Engagement & NAC Committee meetings, April 11 and 25, City Hall, 4:30 PM.
Review of previous NAC-related documents and resident-identified issues
for formation of sub-committees to undertake in-depth examinations of
possibilities for future NAC responsibilities, areas, and membership (https://www.
— County Council hearing, April 18, Winchester Hall, 5:30 PM for Windridge rezoning from Agriculture to General Industrial for future data center development.
— City Charter Review Committee meetings, April 20, City Hall, 1 PM.
Moving into critical review and discussions of possible Charter
revisions on elections and structural issues within City government (https://www.
— County Council hearing, April 25, Winchester Hall 5:30 PM for Quantum Frederick Priority Funding Area expansion for current sewer service classifications.
— County Board of Appeals Hearing, April 27, Winchester Hall, 7 PM.
Quantum Loophole, MD is seeking an exemption of requirements for
construction activities in the floodplain at the Monocacy River. After
substantial damage without permits, Stop Work orders have been issued
for ongoing QL activities and QL is appealing.
— City Mayor and BoA Public Meeting, May 4, City Hall, 7 PM. Plastic bag ordinance hearing.
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We’re going “social”—see the CRG blog at: www.responsiblegrowthfrederick.com
Contributors: S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner
www.responsiblegrowthfrederick.com
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