Wednesday, May 10, 2023

Frederick City and County News of Interest VOL. 2, NO. 5 | MAY 8, 2023

Frederick City and County News of Interest

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.
_______________


To our Readers:
 
The newsletter is organized as follows:

  • Moderately Priced Dwelling Unit (MPDU) Fee in-lieu (FIL): OUR OPINION
  • Development in the City and County
  • Charter Review
  • Public Safety/Creating a Safe Environment
  • City Plastic Bag Ordinance
  • VPRO Update
  • Upcoming Events/Meetings

_________________

Moderately Priced Dwelling Unit (MPDU) Fee in-lieu (FIL)
OUR OPINION


The Moderately Priced Dwelling Unit (MPDU) program was established in 2008 (City Ordinance Sec. 19-6.,https://library.municode.com/md/Frederick/codes/code_of_ordiances). A MPDU is “a dwelling unit that is constructed, sold or rented under a government program that controls the rental or sale in order to provide affordable housing for families of low or moderate income.” City residential development projects comprised of more than 25 units are required to develop and construct 12.5% of those dwelling units as MPDUs.
 
The housing market changed in 2013, and a substantial number of foreclosed units considered affordable to first-time homebuyers and others seeking moderately-priced housing became available. A 2013 amendment to the original MPDU program allowed Frederick City developers the option of paying a fee in-lieu (FIL) set amount of $16,100 per unit rather than building an MPDU, diminishing the original intent of a program of providing lower priced housing (Sec. 19-6.1). Developers could choose to build MPDUs, take the FIL option, or do a combination of both. The current housing market has changed and the rationale behind the FIL option no longer applies.
 
The Housing and Human Service’s City Housing Fund holds the payments from the operation of the MPDU FIL program. Funds collected may be allocated by the Board of Aldermen for many social services including: purchasing, reselling, or rental of MPDUs; addressing housing needs of lower-income individuals who do not qualify for the MPDU program; addressing affordable housing needs of special populations; providing grants for modification of MPDUs; granting emergency loans to MPDU buyers to prevent defaults; or addressing the health and life safety hazards in owner-occupied housing. 

Since 2008, eight developers have chosen to build MPDUs. Four other developers are going through the required process and the number of MPDUs being currently built is not yet available. To date only 559 affordable units have been built, an average of 37 units per year when estimates of needed affordable housing exceeds 400 annually.
 
From 2013 to the present, 22 developers have chosen the FIL option. Of the 7,457 units being built, 935 units are designated as FILs. Fees totaling $15,053,500 are projected to be paid. To date $5,079,460 has been collected, $365,329 has been disbursed. The Mayor’s FY 2024 working budget shows a proposed expenditure of $475,000. None of the collected funds have been, or will be, spent on building MPDUs.
 
As stated in the April CRG newsletter, there should be no alternative option to building the required number of MPDUs. The social services to which the collected funds have been dedicated are critical components of the City’s array of individuals in need and should be funded by the City but not with FIL payments. The MPDU program must return to its original intent of creating price-appropriate affordable housing. FIL payments should provide homes and living units for a sizable portion of our residential community, like servers, repairmen/women, young and older low-income individuals, grocery store clerks, etc. We are a City of remarkable diversity across all incomes, yet we continue to build for the upper middle class and wealthier individuals and families. Can City funds be prioritized for ALL residents? Officials, let’s step up and walk the walk!
 

Development in the City and County

Huge Increase in new Development: A report on development at a recent City hearing confirmed what residents see every day walking and driving around town. Record numbers of building permits are being issued. It is critical that additional staff are brought in to oversee the dramatic increase. Frederick now is averaging 50% of the new development in the County vs. its traditional average of 35%. Besides the strain on staff, the pressure on City infrastructure (roads, traffic, storm water management, schools) continues to build with particular concern re. inadequate school capacity (see below) in the future due to ad hoc identification of new developments to the FCPS for school construction planning. Finding ways to mitigate the short- and long-term burden of this growth to our residents’ families and their students is a key tenet of CRG, and your input is critical.

Linganore Development: The proposed Gordon Mills development has been passed by the County Planning Commission, with PC members legally unable to alter the Developer Rights and Responsibilities Act (DRRA) requirements and waivers imposed by the 2014 Blaine Young-chaired County Commission for the property. Members were clearly frustrated by the restrictions imposed by the DRRA but, unfortunately, the development has now been accepted. This is worrisome as 2 more properties, the Casey and Calumet developments, pose similar risks for County infrastructure in the area as well as jeopardizing future water quality, drinking water supplies, and recreational use in Lake Linganore and its within-watershed lakes and streams of Merle, Anita Louise, and Marion.

Digital Centers: Multiple digital center issues are now before the County. Quantum MD has requested upgrades and expansion of sewer service, excavation of petroleum hydrocarbons from the Eastalco site, and flood hazard revisions to an area along Tuscarora Creek. The status of recent stop-work orders for stream and floodplain damage for fibre conduit delivery to the Eastalco site remains unknown. An adjacent property, Windridge LLC, sought but was denied a change in zoning to General Industrial to allow future center construction and another property approximately 1 mile away (Suzanne Family Irrevocable Trust) from the Quantum MD site is seeking a similar zoning change for future center development. There are continuing worries re: the County’s commitment to limiting piece-meal center zoning changes, inadequate power supplies for the proposed multi-center operations, as well as necessary revisions to the current Critical Digital Infrastructure ordinance adopted in 2022.

East Street Corridor Update (Brickworks, Community Center for the MD School for the Deaf, and Form Based Code): East Street Corridor redevelopment has been under consideration for more than a decade with input from East Frederick Rising (EFR), the East Street Corridor Advisory Panel (ESCAP), and currently form-based code (FBC) consultants. Unfortunately, anticipated design criteria for the corridor outlined in the FBC developed over the last 2 years have been ignored for 2 pending projects, the Brickworks (1260 units, 130,000 sq. ft. of commercial space) and a Community Center for the MD School for the Deaf across from Dairy Maid on East Street. These 2 projects, if accepted/permitted soon, will supersede FBC-desired construction designs and parking layouts thereby thwarting a consistent FBC-defined architecture along the corridor. City staff have just distributed the FBC draft report to residents and will set up approximately 4–5 training sessions on the code and implications for its implementation along the corridor in the coming months. Regrettably, convincing the developers of the 2 projects to wait for and subsequently adopt FBC guidelines for construction appears unsuccessful at this point.

Education/FCPS/"Perfect Storm”:  The County calls the issues caused by the growth noted above, coupled with inflation, and increases in student numbers and needs, a "perfect storm" and that we are "at a crossroads" (FNP, 4/25/2023). CRG is not sure why this would come as a surprise as CRG and other organizations and individuals for several months have been calling for a comprehensive view of growth in the context of built and planned-for infrastructure to support anticipated growth. The City’s reported permits for 2022–2023, with the absence of any new school construction, is particularly concerning as planning, funding, building, and opening a new school may take up to 10 years. The crisis was further detailed in the May 4th article discussing redistricting of approximately 2500 students due to inadequate capacities at several schools, exemplified by Frederick County’s Board of Education member Karen Yoho saying the development figures (and associated school capacity needs) are “mind boggling.” A plan and a solution are overdue and CRG calls for all City and County stakeholders to acknowledge the need and work together to address the crisis!  


Charter Review
The City’s Charter Review Committee has identified several key areas of focus during the initial stages of their deliberations, each with significant impacts on how the City is governed. It is important for residents to understand what recommendations are under consideration now and during the next two months.

Top issues under consideration include:

  • Enhancing district voices with alderpersons elected by district rather than the current practice of all at-large representation.
  • Creating distinct legislative and executive functions with alderpersons responsible for legislation and the mayor focused on his/her executive responsibilities.
  • Changing the timing of the elections to conform with the presidential voting cycle.
  • Establishing open primaries so independents can have a more active role in selection of candidates.
  • Approving voting rights for undocumented and young residents.
It is important that residents provide comment at the upcoming meeting on May 18, as whatever is recommended could guide City elections, current at-large alderpersons or district representation, term limits, referenda policies, and checks and balances in City government. These matter!

Public Safety/Creating a Safe Environment
The City has released early 2023 data showing that serious crime "is up vs. 2022.”  Between the shootings and the stabbings that have resulted in 2 murders in the last 9 months, CRG challenges the City and FPD to work together and present a comprehensive plan to the residents to assure the safety of residents and visitors.

Although four officers will be added in the coming months, more can and should be done as their responsibilities in addressing violent crime are unclear. Despite considerable conversation about community policing, foot patrols are rare in the area where these crimes have occurred. CRG wonders if the City has budgeted overtime for the FPD to help ensure adequate coverage during late night hours. The City and our elected officials can also follow up on the request by the FPD and District 3 State Delegates to pass and/or support ordinances that close loopholes that allow some businesses to have unregulated consumption of alcohol from 6:00 AM until 2:00 AM without any basic regulation or oversight.

Building strong relationships between/among the City’s elected and appointed officials and residents and instilling confidence through specific actions designed to ensure a safe community is the best approach.


City Plastic Bag Ordinance
 After 2 months of the Board of Aldermen (BoA) coming to terms on a compromise to ban plastic bags and implement a small paper bag fee, on May 4, the BoA adopted the plastic bag ban, but not the recovery of a small fee for reimbursing a shop owner for the expense associated with providing patrons paper bags for final purchases. CRG and residents could be happy with the ban on one-time plastic bags but it would have been quite easy to have worked out an option for merchant cost recovery incurred with a shift from 1–2¢ plastic bags to >10¢ paper bags while not posing a negative impact on lower income individuals. Yet after 2 months of deliberations, no potential remedies for this impact were found. Several jump to mind such as providing usable bags to residents, working through grants to secure funds for bag access, or working with corporations for free bag distribution.

The concern for equity impacts can be overcome when multiple options are possible to prevent undue economic hardship on any member of the community. BoA, please amend the just adopted ordinance to help all stakeholders, residents, and businesses cease using one-time disposable bags.
 
VPRO Update
The City’s Department of Public Works (DPW) is completing inspections of properties registered as vacant for more than a year and will issue fines along with required repair completion dates. In addition, staff will remind each property owner of the need to update their registration.

This procedure follows the guidelines set out in the resident-driven vacant property registration ordinance (VPRO) approved unanimously by the Board of Aldermen in December 2020. While it seems like an extended and often frustrating process, the procedure enables the City to build a case file for eventual court challenges that may occur following a vacant property owner’s challenge to meet the ordinance requirements:
  • In year 3, the City can raise property taxes to be paid for failure to improve the property. Taxes can continue to be raised over the subsequent 5 years. Hopefully, this "hammer" will discourage owners from continuing to sit on properties to the detriment of the City’s character and its long-term growth.
  • In year 4, the City can initiate legal steps to force rehabilitation through a court-designated 3rd party to find appropriate options for resolution of these habitually vacant properties.
Finally, as the VPRO is a complaint-driven enforcement system, any long term vacant property can be identified by a resident who can submit a complaint online (https://www.cityoffrederickmd.gov/FormCenter/Code-Enforcement-4/Code-Complaint-35). Help ensure our City remains vibrant and attractive!

Upcoming Events/Meetings
  • City Planning Commission Meeting, May 8, 2023, City Hall, 6 PM. Change in the City Land Management Code for number of units allowed along the Carroll Creek Overlay.
  • County Council, May 9, 2023. Winchester Hall, 5:30 PM. Public hearing of expanding Priority Funding Area for Quantum Frederick (sewer expansion) and second reading for adjustment of FEMA County Floodplain Regulations.
  • County Planning Commission, May 10, 2023, Winchester Hall, 9:30 AM. Two digital center submissions, decision of a site plan for the first digital center (Align Data Centers) as the first center on the Quantum MD Eastalco site. A second for traffic upgrades and associated developer costs for the Noffsinger property, a likely future data center development area.
  • City Mayor and Board of Aldermen, May 10, City Hall, 3 PM. Change zoning in Golden Mile Westridge Square Shopping Area to allow mixed used development (housing).
  • Growing Pains? Development in Frederick County: Learn to Effectively Advocate. Saturday, May 13, 2023, 10 am – 12 noon. Urbana Regional Library, Upstairs Conference Room, 900 Amelung Street, Frederick, MD 21704. Speakers include Kim Gaines, Director, Frederick County's Livable Frederick Planning and Design Office; Richard Klein, Founder, CEDS | Author: How to Win Land Development Issues; and Steve McKay, County Council Member, District 2. REGISTER HERE for this FREE event!
  • Green Drinks: Bee City! How Middletown Did It & Why; Wednesday, June 7, 2023, 6–8 PM. Speaker: Cindy Unangst, Middletown Green Team Co-Chair and Town Planner. The Main Cup, 14 W. Main Street, Middletown MD 21769. Free event!
  • City Planning Commission Workshop, June 20, City Hall. Brickworks discussion. The meeting, agenda, and relevant documents for this discussion should be posted on the City’s website by May 9 or 10.

__________________

See the CRG blog at: responsiblegrowthfrederick.com


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

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.

 

Check out our Facebook Page

Frederick City and County News of Interest VOL. 3, NO. 8 | AUGUST 11, 2024

Frederick City and County News of Interest VOL. 3, NO. 8  |  AUGUST 11, 2024 Please join our monthly email list by clicking   here . Learn m...