Frederick City and County News of Interest VOL. 2, NO. 7 | JULY 10, 2023

 VOL. 2, NO. 7  |  JULY 10, 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.

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To our Readers:
The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below.
City Brickworks Project
City Form-Based Code
Charter Review Update
Data Centers
City Rental Management Ordinance
South Frederick Corridors Plan (the 85/355 area)
Upcoming Events & Meetings
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City Brickworks Project
Greenberg Gibbons presented their Master Plan for the Brickworks project on June 20 to the City’s Planning Commission (PC). This plan provides the vision and major elements of a 1,260 residential unit and 130,000 sf commercial/retail development (the latter characterized by the developer as a “town center”) bordered by East/East South Sts. and Monocacy Blvd. Following the 30+ minute presentation, the PC members and Board of Aldermen liaison in attendance posed numerous pointed questions, focusing on key issues such as proposed approval and construction before the City’s form-based code can be adopted, public health issues with soil contaminants from the site’s 150-year industrial history, lack of connectivity with the current downtown grid system, school locations on-site, lack of commitment to build MPDUs, and designs for the residences at the corner of South and East Streets. City planners did not express strong concern about major issues raised and indicated that the PC has no legal basis for objections to the public health concerns, a position rebutted by community members who cited Section 202 of the Land Management Code which indicates the PC can make assessments that safeguard public health and safety (see below highlights of Section 202 (b): the role of the PC):

Role. In accordance with the provisions of this article, …this planning and zoning authority may be used to promote the health, safety, morals, order, convenience, prosperity, and general welfare of the city; to provide good civic design and arrangement;to promote the wise and efficient expenditure of public funds; to make adequate provisions for traffic; to secure safety from fire, panic, and other dangers…”

To a substantial extent, community members’ public comments mirrored the concerns of PC members, with emphasis on the environmental issues, lack of connectivity with downtown, extensive space devoted to a suburban-like shopping center with surface parking, and lack of plans to include MPDUs in the housing mix. Additionally, several commenters mentioned minimal green space in the project with a linear park on the west side of East Street which would be accessed by crossing the 4 lane East Street.  

Post-meeting discussions between workshop attendees and the developer were somewhat positive with the developer verbally committing to MDE-compliant contaminant remediation prior to any construction. Much remains to be discussed at the first hearing including whether the developer enrolls in the state’s Voluntary Clean-up Program and adopting and implementing a site-specific remediation plan.

City Form-Based Code
Training sessions for the proposed City form-based code continue, with the second session held on Monday, June 26 that covered architectural standards for future buildings on East Street and potentially other City (and County) areas designated as small area plan locales (https://cityoffrederick.granicus.com/player/clip/5602?view_id=12&redirect=true&h=247469ba4f5d08ebc121296bd60b8fb5). Substantial detail was provided, giving a comprehensive overview of building designs (from siding, window recesses, roof slope, etc.) that could be incorporated into the Corridor’s future appearance.
 
Charter Review Update 
With the Frederick City’s Charter Review Committee (Committee) report anticipated in the Fall, it is important to better understand the scope of potential recommendations by the Committee to the Mayor and BoA. In that regard, and although whatever is recommended needs to be considered in its entirety, how the City might reset its basic governing structure is perhaps the most significant. These recommendations will likely focus on Districting, Term Limits, Timing of Elections, and Non-citizen Resident Voting:

• Districting: The first option appears to be to divide the City into 5 distinct voting districts, each with its own Alderperson and increase the BoA from 5 to 7 members with the addition of two at-large representatives covering the City as a whole (much like the current County Council). Proponents assert this will allow for more balanced representation along with a clear avenue for better accountability to individuals and underserved segments of the City. Open questions remain as to where to draw the boundaries and how within-district voting is accomplished.
• Term Limits: Currently the County limits the Chief Executive to 2 terms and the Council members to 3 terms. Committee members are discussing a similar option for the City’s Mayoral and Aldermanic offices.
• Timing of Elections: City voters have voted—with less than stellar voter turnout results—in three of the past 4 years (2020 presidential election; 2021 Mayor and Board election; 2022 County Council/MD Governor and House of Delegates/Senate; US House and Senate elections). A different approach, under discussion by the Committee, is to combine the Mayoral/Aldermanic election with the presidential election. Hopefully, such a schedule will encourage greater voter participation and reduce voter burnout.
• Non-Citizen Resident Voting: The Committee is discussing an opportunity for non-citizen residents to vote in local elections. A documented one-year City residency would be required for individuals who live in and pay taxes to the City so they have a voice in electing their local officials.  

None of the above stands alone and each will require ample public discussion and review with particular emphasis on timing and execution. 

Data Centers
Some very good news: County Executive Jessica Fitzwater has formed a workgroup to identify potential revisions for the County’s initial Critical Data Infrastructure ordinance. In addition, she has initiated a 9-month moratorium on data center zoning decisions — extremely important, considering that:

• there have been substantial environmental violations and MDE stop-work orders for drilling of the fiber conduit to the Eastalco data center property as well as more than a month’s discharges of contaminated water into Tuscarora Creek from dewatering activities at the site, exceeding 70,000 gallons/day; and,
• one data center corporation (Align) has already submitted and received PC approval for one data center on its Eastalco property, with possibly three more to follow.

Thus, it is critical that more protective regulations are in place on data center power demand and on-site generation, water use and treatment, noise, stormwater, neighboring property protections, hazard clean-up, and future site restoration. CRG and its allies continue discussions with County Council members, the County Executive, staff, and Congressman David Trone’s staff on needed regulations for construction and operations of future centers.

City Rental Management Ordinance
On June 15, the City’s Board of Aldermen adopted an ordinance that mandates landlord maintenance of rental properties that ensures safe conditions in a property, adequate heating and cooling, and other City-established maintenance standards (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5593&meta_id=144434). The current complaint-driven enforcement program is insufficient and systemically puts undue burden of property management on the tenant, rather than the landlord. It goes into effect in January 2024 and requires property owners to pay $120 every two years, covering randomized inspections of 15% of rental properties in the City. This is a very positive step forward to ensure basic operating facilities for our rental community. CRG is pleased to see more protections for renters as repair costs of rental properties increase. 

South Frederick Corridors Plan (the 85/355 area)
County planning staff presented the South Frederick Corridors Plan to the County Planning Commission on June 29 (for a summary, https://www.frederickcountymd.gov/8141/South-Frederick-Corridors-Plan). The County expects to employ form-based code for the development of this area with three sub-areas shifting from urban, less urban, to light industrial/residential moving away from 270 and 70 towards Buckeystown. The plan includes a possible road grid and a focus of residential development near the MARC station. Most public comments were pleas from legal representatives of property owners to ensure flexibility of future use/zoning of these parcels and the road network. County Planning Commission members voiced concerns over landowner resistance to school construction on privately held properties with the owners’ counter position that the County could always pay market rates to purchase these properties. It appears that the Planning Commission has sent a letter to the County Executive on the County’s need to address school construction as a priority in the very near future; unfortunately the specific request from the Planning Commission (perhaps more County requirements for school capacity in future development proposals) remains unknown at this time.

Upcoming Events & Meetings

City Form-based Code, Building Form Standards, Rules for Building Form and Functions in 3 Dimensions and Allowed Uses and Vertical Zoning. July 11, 7 PM, City Hall. Ad Hoc Neighborhood Engagement & NAC Committee, July 11, 4:30 PM South Frederick Corridors Plan, Planning Commission hearing, July 12, 9:30 AM, Winchester Hall. Sugarloaf Treasured Landscape Management Plan amendment, Planning Commission, July 20, 6:30 PM, Winchester Hall. City Form-based code, Parking and Loading and Administration, the Process. July 24, 7 PM, City Hall City Charter Review Committee, July 20, 1 PM, City Hall.  __________________

 See the CRG blog at: responsiblegrowthfrederick.com

Contributors: M. Currier, S. Jakubczyk, M. Rosensweig, K. Sellner

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

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