Friday, October 6, 2023

Frederick City and County News of Interest VOL. 2, NO. 10 | OCTOBER 4, 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:

To find more information on the topics discussed in the newsletter, and to learn how to reach out to decision makers on issues to express your thoughts, look for the subheading "WHAT YOU CAN DO" for useful links or suggestions throughout this newsletter.

The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:

Schools
Moderately Priced Dwelling Units (MPDUs)
Brick Works
City Public Safety
City Charter Review
South Frederick Corridor
Data Centers
Upcoming Events


Schools
There are multiple good news items regarding the City and County FINALLY beginning to address insufficient schools for our children.

First, City Aldermen and County Council members held a joint legislative session on Sept. 13, hopefully opening continuing dialog on funding new school construction. Currently the City allows new development construction (6,400 proposed units currently, Frederick News Post 9/23/23) with no obligation to provide land for schools and/or actual school construction, and only collection of minimal fees as school impact or mitigation fees.

There is no mandated notification procedure by the City to the Frederick County Public School (FCPS) system on proposed new developments, severely limiting FCPS staff from engaging a developer on land or actual school construction. This lack of communication results in large areas with unexpected increases in numbers of students and no schools for their education. Aldermen and Council members agreed that this is a major issue which requires continuing collaboration to resolve in future quarterly meetings.

Second, as detailed in CRG's September newsletter, City Aldermen severely criticized the lack of a City commitment to appropriate previously collected fees from developers for land purchase, school construction, or other practical means to increase schools within the City. This led to the mayor committing to further exploration of this issue in his current term.

Third, County Councilman Steve McKay has proposed a moratorium on residential construction if school capacity is exceeded within the County. He is hopeful that the City will similarly respond revising the City’s current policy (see first paragraph above) of permitted residential development regardless of inadequate school capacity. McKay’s County ordinance remains a work-in-progress with only a partial draft now available for staff review but this is a huge step forward, i.e., recognition that adding new residential units and accompanying children must include adequate educational facilities or the construction should be delayed until the capacity is provided. Fortunately, he has exempted construction of affordable housing and senior facilities from the moratorium.

CRG eagerly awaits outcomes from these initial steps to ensure that responsible growth must include adequate educational opportunities for all new resident families. Residents will need to stand up to support both City and County initiatives for new schools for our rapidly expanding City and County population.


Moderately Priced Dwelling Units (MPDUs)
The current City ordinance (https://www.cityoffrederickmd.gov/documentcenter/view/11957) allows developers to opt out of building MPDUs via payment of a fee per unit not built (fee in-lieu). At this time, the MPDU fund is approximately $6 million and is expected to increase to $16 million in a few years. Following severe criticism from several City Aldermen in a recent legislative session for City inaction on use of these collected funds, the mayor has established a timetable for allocating the collected funds for several social programs (e.g., homeless support, rent assistance) but most important resources for actual construction of affordable/workforce housing. The latter can be ‘gap’ funding to help developers meet expenses between land purchase and permitting and initiation of construction as well as low interest loans and possible public–private partnerships.

In a second initiative, the City is considering adopting the new County MPDU fee in-lieu program (FIL, $2/square foot, its affordability gap calculation, local Annual Median Income adjustment) as an alternative to the minimal FIL program it now employs ($16,000/unit) to increase the revenues from developers who decline to build MPDUs (why not pay $16,000 instead of actually building units that might cost more than $50,000 to build?). These higher fees might entice developers to actually build the units now, to begin to fill the estimated gap of 400 units needed each year.


WHAT YOU CAN DO
Again, CRG strongly supports these steps forward and encourages the community to speak out in favor of providing housing for those working 2–3 jobs, our service staffs, teachers, seniors, firemen, police, and first-time homeowners or renters. Our City should be for everyone, not just those who can afford housing now exceeding $400,000 in base prices. Your voices or written comments are needed!
Contact your City electeds here: https://www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37


Brick Works
In a 4 hour 59 minute Planning Commission hearing on Sept. 11, the Greenberg Gibbons (GG) proposed development (1260 residential units, 130,000 square feet of commercial development, senior center, community center) at South and East Street was discussed. Following a 35–40 min planning staff presentation on the project, GG representatives addressed the City’s Planning Commission (PC) on a slightly revised design for the project, with their main driver that a major high-end grocery corporation is interested in construction of a store on the site. GG believes they can easily mitigate the soil contamination at the site (approximately $4M), thereby eliminating resident concerns on future exposures of new residents, seniors, and shoppers. They also proposed that they would meet the City-required parkland and open space by constructing a “passive” (i.e., no playgrounds or ballfields, just walking paths and benches) park in a 7-acre linear lot on the west side of East Street.

GG continues to seek approximately 10–11 modifications to the City’s Land Management Code (LMC) on internal street designs (some public, many private) and setbacks, low interconnectivity with streets likely in future developments in adjacent current industrial lots, absence of building designs along East Street that would complement current multi-use architecture of the historic downtown, and no MPDU or school acreage or construction to be provided. PC members challenged multiple aspects of the GG plans including the apparent GG argument that the high-end grocery warrants acceptance of the Master Plan as influenced by the grocery chain’s demands rather than the character and needs of Frederick residents. During the public comment portion of the hearing, 14 of the 15 public comments spoke on interest in a project but not the proposed design. An additional 14 individuals who had signed up to speak left before the public comment period which occurred 3 hours and 49 minutes into the meeting. Staff, developer, and Commission member comments totaled approximately 77% of the hearing while public comments consumed approximately 23%. Questions have been raised about the purpose of a public hearing if the “public” who were well-represented at the hearing had only a ¼ of the allotted time to be “heard”.

CRG’s representative suggested that the PC members stand firm on requiring that the corporation meet the existing LMC requirements by denying developer-proposed modifications that would allow the proposed elevated residential and commercial construction. Addressing GG representatives directly, CRG asserted that community buy-in of GG development at the site would be viewed much more favorably if this gateway to the City included multi-use residential construction on both sides of East Street, which would, in turn, free up space within the 64 acre parcel for an urban school and parkland, with MPDUs included in the housing mix.


WHAT YOU CAN DO
The next hearing is planned for Oct. 17 at 6 PM
and EVERYONE interested in what will define the future of the City’s East Street Corridor architecture and its schools, parkland/open space, and affordable housing should attend and weigh in! The site should be developed but in line with the City’s valued character and to meet its expanding school and affordable housing needs.


City Public Safety
CRG has written often over the past year about the lack of BYOB regulation that has contributed to the mayhem on Market Street, which resulted in two fatalities and several assaults since July 2022. It is important to note that the most recent closing of Exhale Hookah Bar should go a long way to temporarily lowering the late-night risks to the residents who live in or frequent the Downtown area, especially on weekends.

We take no solace in the unfortunate events that contributed to the closing of this establishment and want to thank all who made considerable efforts to address this issue. State Senator Karen Lewis Young and State Delegate Kris Fair worked diligently to try to advance legislation that could have helped significantly, had it been supported by the City. In addition, the Frederick Police Department took all possible steps to have a positive impact despite having limited tools to sustain a safe environment. 

Yet it is critical to stress the importance of legislative solutions to help prevent this type of mayhem from reoccurring. Our elected City officials can't continue to close their eyes and hope the problem goes away (or doesn't come back)! The saying “an ounce of prevention is worth a pound of cure" is fitting, and we will continue to call on the people whose primary responsibility is the protection of the City’s residents to prioritize fair and effective BYOB regulations and follow through with enforcement. 


City Charter Review
The City Charter Review Committee has begun initial drafting of recommendations for charter revisions that will be submitted to the Board of Aldermen and Mayor in the next month. Several recommendations were voted on and accepted by members with a likely completion of the recommendation language and votes at the next meeting, Oct. 5 at City Hall at 1 PM. The draft report/recommendations will be distributed to City officials and the public for comment and possible revision. As recommendations, all, some, or none of the proposed changes will necessarily be adopted.

WHAT YOU CAN DO
Read and comment on the City Charter Review Committee's recommendations when they're published. Here is the link to the Committee's webpage: https://www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee. Your comments can be emailed to: charterreview@cityoffrederickmd.gov 


South Frederick Corridor
On Sept. 20, County Planning staff made another presentation to the County Planning Commission re: the South Frederick Corridor small area plan. The focus was the proposed gridded street network that would characterize the area, providing transportation connectivity throughout. Unfortunately, the illustrative network would bisect some existing properties. PC members and several legal representatives from a suite of parcels in the corridor discussed ‘flexibility’ in the network to minimize private property impacts. Planning staff indicated portions of some of the network have been and could be redrawn but they could not acquiesce to every request if desired connectivity within the area was jeopardized or the desired future multi-modal transportation and, therefore, overall approach to the corridor would be lost (the Euclidean zoning status quo would be maintained, with no change in future urbanization patterns of a walkable, tree-lined, multi-use urban environment).

Data Centers
In August, the state’s Public Service Commission (PSC) rejected the first data center corporation’s initial plan for use of diesel-powered generators as a backup energy supply for its proposed centers at the Quantum Loophole Eastalco site north of Adamstown. Since then, the PSC has been besieged by multiple elected officials, Chambers of Commerce leaders, and industry representatives to reverse that decision and allow use of the diesel generators and Aligned Data Centers' plans for their site. This pressure ignores the cumulative impact of this type of generator across the entire 2,100 acres of the Eastalco site: if the PSC reverses its position, it sets a precedent for similar decisions on all future applications thereby circumventing the state’s own commitment to reducing greenhouse gas emissions — hypocrisy in the extreme. Justification for the reversal by the multiple challengers focuses on the potential revenue loss that is to be garnered from the data centers in the coming decades if we make corporations reconsider center construction and operations in the County, hardly likely with the purchase of land in the area approximating $1 million per acre.

The revenue claim referenced by the Aligned supporters should be addressed by the County Executive, providing a detailed breakdown of revenues to be collected and her plans for use of those funds through time. Certainly, school construction is a high priority (see above) but is that the primary use of data center revenues?

CRG and several other organizations (Sugarloaf Alliance, Fellowship of Scientists and Engineers, Envision Frederick County, Clean Water Action) strongly oppose any PSC reversal and are encouraging local officials to provide similar support for the PSC in its new deliberations in Aligned’s request for a rehearing.

 

Upcoming Events
City Charter Review Committee Meeting, Oct. 5, 1 PM, City Hall.
County Planning Commission Meeting, Oct. 11, Winchester Hall, 9:30 AM: Sugarloaf, South Frederick Corridor, Child Care Zoning, and 4 Development Review plans. 
City Planning Commission Hearing, Oct. 17, 6 PM, City Hall: Brick Works.

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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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