Monday, August 7, 2023

Frederick City and County News of Interest VOL. 2, NO. 8 | AUGUST 1, 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:

With this issue, we're adding a new feature to help readers find more information on the topics discussed in the newsletter, and learn how to reach out to decision makers on issues to express their thoughts. Look for the subheading "WHAT YOU CAN DO" for useful links.

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
Odd Fellows Property (1730 N. Market Street)

Madison on N. Market
City Ordinance on Residential Rental Licensing
City Charter Review Committee
West Side Library
Data Centers
Sugarloaf Overlay
Upcoming Events & Meetings

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City Brickworks Project

HEADS UP TO OUR READERS: read about soil toxins and the need for developer and City actions to address development at this site — and all former industrial locations in future projects — in the Frederick News Post Letter to the Editor at www.fredericknewspost.com/opinion/letter_to_editor/city-must-address-environmental-risks-at-brickworks-site/article_93c29f94-0a2a-5773-9ac4-bcd68744ca6e.html

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The developers of the 65-acre property at South and East Streets will be presenting a revised Master Plan to the City Planning Commission (PC) on August 14. They are seeking 8–9 modifications to the Land Management Code (LMC) as well as stating (initially in March) that they would seek enrollment in the state’s Voluntary Clean-up Program (VCP) for the identified soil contaminants at the site. Despite this verbal commitment, how will the PC guarantee that the developer enrolls in the VCP? Will the developer proffer documentary evidence of enrollment? Will the PC ask for such as a condition for Master Plan approval?

CRG will provide comment regarding developer-identified LMC modifications as well as mitigation options/mandates for reducing exposure to the site’s soil toxics. In the longer term, CRG intends to strongly urge the City to revise the LMC to include local requirements for assessing and reducing soil contaminant exposures in all former City industrial sites to avoid future residential development on sites that could pose public health threats.

Other concerns expressed by residents and business owners include the lack of connectivity from the Brickworks site to the downtown core; negative effects on downtown businesses; lack of green space/recreational areas within the Brickwork core (i.e., between Monocacy, East and E. South Streets); no adherence to Form Based Code (FBC) which, when enacted, will govern the look and feel of the East Street corridor; four-sided architecture which will consist (according to the renderings) of street facing windows and wall art, but no doors; absence of moderately priced dwelling units and school acreage or construction; options for addressing high volume stormwater runoff; and a large suburban-looking shopping center with surface parking dominating the premier space (Monocacy and East Street from Monocacy to the East Street circle).

WHAT YOU CAN DO
— For more info about the Brickworks Project click this link and scroll to Item 6: cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&clip_id=5595
— If you have comments about the Brickworks Project, you can contact the Planning Commission through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37


Odd Fellows Property (1730 N. Market Street)
On July 27, a revised development plan for the Odd Fellows (Banner School) property was brought to the Historic Preservation Committee (HPC) for a Level 1 hearing (acceptance/rejection of the proposed development). The design has changed dramatically from previous versions submitted over the past 1–2 years. Contrary to the HPC New Construction Guidelines, the new buildings will be:

  • taller than the historical Odd Fellows building,
  • flat roofed instead of gabled with dormers as in the Odd Fellows,
  • dwarf the mass of the historical buildings, and
  • compatible with non-historical new apartments across the street rather than the historical buildings on the site.

CRG members urged the HPC to follow its written guidance rather than permit the requested changes for construction of new contemporary buildings that would mask the treasured Odd Fellows structures. Unfortunately, City staff and the HPC members unanimously ignored the guidelines and accepted the proposed construction. CRG wonders why not just delete the New Construction section of the City’s guidelines if, AGAIN, they are not followed.

The project now moves to the City Planning Commission (PC). Although it is zoned R-16 (16 housing units/acre), the developer is seeking commercial capacities in a Farmers Market on the site as well as some retail on the first floor of the N. Market-facing building. LMC regulations indicate that on-site retail should be solely for residents of the site and specifically excludes farmers markets; whether the PC will ignore those requirements remains to be seen. CRG will post the date and time for that PC hearing to encourage resident input on possible City acceptance of the proposed non-permitted commercial businesses on the site.

WHAT YOU CAN DO
— For more info about the 1730 N. Market Street project, click this link and scroll to Item 4: cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&clip_id=5626
— If you have comments about the 1730 N. Market Street project, you can contact the Planning Commission through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37


Madison on N. Market
Across the street from Odd Fellows is a 60-unit development committed to including Moderately Priced Dwelling Units (MPDUs). The owner and developer are congratulated on their vision and actual construction of these units!

City Ordinance on Residential Rental Licensing/Disclosure upon Sale of Real Property
The Board of Aldermen (BoA) will hold a hearing on revising a City ordinance that addresses responsibilities of persons SELLING or BUYING housing or rental properties. The ordinance places complete responsibility on the BUYER for multiple unrealistic requirements including reviewing the City’s Comprehensive Plan, Land Management Code, all development applications submitted to the City for consideration, and discovering whether the property is in the Historic Preservation or other overlay districts. CRG believes the role should be reversed as a current landowner would be familiar with the rules governing his/her property (e.g., the overlays: historic district, well head, highway noise, Carroll Creek, airport); what aspects of the City’s major documents pertain to the property; and, if a rental property, the management standards required by the City. The City has a development review database that is fluid, changes frequently, and properties disappear in weeks (https://spires.cityoffrederick.com/cof/developmentreview/?projectType=Planning%20Commission%20-%20Commission). Rapid changes to the database make it difficult for a potential BUYER to find relevant data on neighboring development coincident with the timing of finding a property to buy, arranging financing, conducting home inspections, and assimilating content of the mass of paperwork at settlement. Let’s put the onus on the property owner, knowledgeable about their own property, to provide this information and not expect someone unfamiliar with the City’s documents or districts to assume this responsibility — that’s unfair to potential new residents.

Should the BoA adopt the current version of the ordinance, CRG urges the City to develop a web tool that would allow a potential purchaser to insert any address into a database that identifies any overlays, thereby providing any BUYER easy access to specific overlay of the property, enabling subsequent investigation into what the overlay restrictions might mean for use, repair, or exterior renovation of the residence or rental property.


City Charter Review Committee
The Charter Review Committee (the Committee) is about to draft recommendations for review and potential consideration by the BoA and mayor, with a late September delivery date for its recommendations. Main topics include separation of powers between the legislative branch (BoA) and the executive (mayor), responsibilities and resources for each, and district vs. at-large representation.

Presently, Frederick City operates with a “strong-mayor” system, enabling a leader to spearhead much of the legislative process. As Frederick grows, this structure of government may not be well-suited for a larger, more diverse population which makes it difficult for resident-driven equitable legislation to reach our elected officials. Accordingly, the Committee is reviewing possible solutions to establish a legislative body within the City's government to alleviate the burden on the mayor to direct the entire legislative process with dedicated staff to review, write, and present legislation to the Board for a vote.

Other considerations are district representation, a City Manager, term limits, voting for all residents, and election dates and cycles. CRG strongly supports the Committee’s commitment to recommending checks and balances governance in the City.

WHAT YOU CAN DO
View recordings of the Charter Review Committee here: www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee


Form-Based Code
The last FBC workshop to familiarize residents and interested organizations and businesses was held on Monday, July 24, focusing on Parking and Loading as well as Administration of the Code. To date, the workshops have been poorly attended, a concern, because the code, should it be adopted, will govern the future of the East Street Corridor architecture, land use, etc. FBC will possibly be applied to the other 7 small area plans the City has identified.

The County is also potentially applying FBC to the South Corridor area (Rte. 85/355) with several presentations already made to the County’s Planning Commission. If you want input on either corridor, it’s critical to weigh in as soon as the public is invited to help develop the formal code, otherwise we cannot complain later!

WHAT YOU CAN DO
— For more info about the City of Frederick's Form-Based Code proposals, click this link: www.cityoffrederickmd.gov/1584/Form-Based-Code
— If you have comments about the Form-Based Code proposals, you can contact the Planning staff through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37


West Side Library
The County and City have collaborated to locate a library in Hillcrest Park on the City’s west side, a good step forward for this area of Frederick. Once built, the library will be close to Hillcrest, Butterfly Ridge, and Waverley elementary schools, certainly a plus. Unfortunately, there appears to have been no discussion with local residents at large or those participating in Neighborhood Advisory Council 8 (NAC) on the location in this existing neighborhood park. Was this a missed opportunity for an active open discussion with local residents on the pros and cons of reuse of this existing park?

The collaboration between the County and City is commended but it appears that much more resident input is needed in major decisions between the two governments. CRG looks forward to joint government cooperation that includes substantial resident participation on multiple issues in the future, such as the South Corridor small area plan and development, school construction, joint fiscal support and building of moderately priced housing, and common implementation of climate-responsive policies.


Data Centers
Quantum Loophole (QL), the owner of the 2100-acre Eastalco site near Adamstown for construction and operation of data centers, has failed to meet state-required land use practices as it brings fiber conduit from Northern Virginia to the property and how it treats/discharges water from the site into nearby Tuscarora Creek. Maryland’s Department of the Environment (MDE) is considering fines for failure to address requested environmental fixes, potentially slowing continued data center development of the site.

In one effort to prepare for future data center operations, QL successfully sought exceptions from the County’s Board of Appeals on July 27 for drilling/crossing the floodplains in the southwestern part of the County for the data fibre from Virginia. Approximately 20 residents urged caution and revision of the proposed floodplain damage. With this considerable effort from QL to move forward, the County’s recently formed Data Center Workgroup has substantial work ahead to examine remedies for future center construction and operations that now appear possible through delinquent oversight of the site’s preparations.

WHAT YOU CAN DO
Learn more about the County's Data Centers Workgroup: frederickcountymd.gov/8544/Data-Centers-Workgroup


Sugarloaf Overlay
On July 20, the Frederick County Planning Commission held a public hearing on the Sugarloaf Treasured Landscape Plan Amendment: Sugarloaf Rural Heritage Zoning Overlay District. Sugarloaf Alliance members and several others testified in support of the overlay ordinance, which will provide added protection to the Plan. Sugarloaf will not be part of the August PC meeting, but additional review and future plan adoption is likely for the fall. Stay tuned!

WHAT YOU CAN DO
— View the July 20 PC hearing here: frederick.granicus.com/MediaPlayer.php?view_id=10&clip_id=9443

— Read the background materials on the Sugarloaf overlay ordinance in this PC meeting agenda: https://www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/14505

Upcoming Events and Meetings

Wed. August 2, 2:00 PM, Aldermen and Mayor Workshop, City Hall: Fee-In Lieu Programs-Parkland dedication, School Mitigation, MPDU; Comprehensive Plan/Planning/Discussion

Tues. August 8, 4:30 PM, Ad hoc Communication and NAC Engagement Committee, City Hall: nearing end of the deliberations and drafting of recommendations to the BoA and mayor for revitalizing City Neighborhood Advisory Councils

Mon. August 14, 6:00 PM, City Planning Commission Hearing, City Hall: Brickworks development to be discussed and potentially voted on.

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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, 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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