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:
City Rental Property Registration
Data Centers
Brick Works
West Side Regional Park
City Charter Review
City Affordable Housing
County Development Moratorium: School Capacity
County and City Climate Plan
Upcoming Meetings and Events
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City Rental Property Registration
As
a result of two recently enacted City ordinances (G-23-09, G-22-12),
all (rented/leased) Single Family, Townhome, Condo, and Duplex units in
the City must be registered in order to meet minimum maintenance
standards (frederickmd.gov/rentals).
This provides excellent protection for individuals and families in
rental units as minimum maintenance standards that protect public health
and property conditions are ensured through this program. CRG applauds
this progressive solution to all residents living in rental properties,
with praise for City Board member Donna Kuzemchak in her efforts to
create and adopt this requirement.
Data Centers
Two
recent data center developments have occurred within the last month.
The most remarkable is the withdrawal of the Aligned Data Centers'
application for construction and operation of its data center campus at
the Quantum Loophole (QL) Eastalco site near Adamstown. Earlier this
summer and based on greenhouse gas emissions, MD’s Public Service
Commission (PSC) had rejected Aligned’s request to receive an exemption
for operating 168 diesel generators as its backup power for the 4 data
centers it would construct over the next few years. Aligned’s request
for a rehearing was denied, resulting in the corporation’s withdrawal of
its planned data centers. The PSC’s commitment to enforcing the
recently adopted state Climate Action Now legislation and reduction of
GHGs by 2040 warrants resident support as an initial state commitment to
an actual climate mitigation strategy, ideally showing the state’s
resolve in reducing local climate conditions that now threaten public
health and local infrastructure resilience. Considering the intense and
comprehensive political pressure the PSC faced to reverse its position,
their resolve is remarkable and indicative of its members’ integrity.
There is no doubt that alternative backup power options can be used in
the future so the loss of one corporation’s development is only
short-term.
In a second center development, the Rowan Corporation has indicated its
interest in constructing a data center campus on a 151-acre site within
the QL Eastalco property. It held an open house in Adamstown on October
24 where Rowan staff met with the public to offer its preliminary plans
for its center development. It would build the facility and then lease
or sell the campus to companies interested in data center operations in
the County. Its water demand for cooling center computing equipment is
low, at 0.4 million gallons per day in a recirculation system with
underground water storage, a plus for concerns on use of
County-generated water supplies for the QL data centers. CRG is
interested in more complete details on power demand and backup power
supplies.
The County’s Data Center Working Group’s (WG) progress remains uncertain
as the most recently scheduled WG meeting was cancelled. These delays
are unfortunate as revisions to the County’s Critical Data
Infrastructure ordinance are needed quickly before additional data
center corporations submit applications for construction and operation.
WHAT YOU CAN DO
You can find details about the Frederick Data Center Workgroup here (frederickcountymd.gov/8544/Data-Centers-Workgroup). Scroll to the bottom of the web page to send comments to the Workgroup.
Brickworks
As
many/most City residents are aware, on October 17 the Planning
Commission (PC) approved the Greenberg Gibbons’ (GG) Master Plan
proposal — with conditions. Although many community residents were not
pleased with the approval, the conditions address some of the most
concerning aspects of the proposal. Public comments (both in-person and
via e-comment) addressed by the PC conditions and modifications
included:
Environment — From the beginning of public
discussions of the Brickworks plan, residents have stated their concerns
about the environmental contaminants at the site, an issue unaddressed
by the developer until raised by residents. GG asserts its commitment to
work with the Maryland Department of the Environment (MDE) to fully
remediate the site. To assure this occurs, the PC attached a condition
(Condition #9) that MDE certify remediation of any section before
construction on that section occurs. We note the process of remediation
itself poses environmental hazards to workers and surrounding residences
and expect these remediation efforts will be carefully monitored (see
discussion below beginning “The October 26 FNP…” for GG’s response to
Condition #9).
Parkland — Commenters and PC members indicated
the inappropriate location (on the west side of East Street) for what
would be, essentially, the only real green space for more than 1,200
residential units. This space is difficult to reach across a
high-trafficked 4-lane East Street with no parking to accommodate users
of the park. In response, the PC’s condition is that there be a
dedicated park of at least 3 acres within the main body of the project
where all residences are located.
Building Setbacks — The Land Management Code
(LMC) requires a maximum 20-foot setback from the streets and building
access on the street side of public street-oriented buildings as opposed
to the proposal’s request for modifications to allow greater setbacks,
four-sided architecture comprised of artwork, landscaping, and 4-foot
walls along Monocacy and East street (but not window or doors required
by the LMC), etc. The developer asserted that these modifications were
necessary to attract a premier organic grocery store to the site. The PC
denied this modification request.
Thus, not only did the developer ask for substantial changes to the LMC
to modify its requirements to fit the needs of a retail vendor, the plan
is contrary to the long-awaited Form Based Code (FBC) for the East
Street Corridor (https://www.cityoffrederickmd.gov/1584/Form-Based-Code).
Ironically, draft 2 of the FBC was published for public review and
comment on the day of the PC hearing. Pages 15 and 92 of this draft
display renderings of FBC street grid and building usage. Sentiment
among many City residents is that the FBC on which countless City staff,
consultant, and resident hours have been spent should guide all future
plans for the Brickworks.
GG Petition for Reconsideration
The October 26th FNP featured an article (“Brickworks developer
reviewing impact of Planning Commission decision on project”) that
stated some of the requested modifications “were integral to our
proposed site design” and they will provide “an update…moving forward.” A
few days after the FNP article, GG submitted a petition to the PC
requesting a reconsideration of the environmental review condition. This
petition asserts that Condition #9 is incorrect and “based on mistake,
inadvertence... or other cause.” The petitioners further assert that MDE
“routinely” approves capping (i.e., “with a foundation, slab,
sidewalks, parking, etc.”) for a Voluntary Clean Up Program (VCP). We
wonder if this “routine” and “customary” practice in any way ensures
that workers at the project or current and future residents are properly
protected, especially when a building permit — and subsequent
construction — occurs prior to remediation. We wonder as well if
“routine” and “customary” addresses the aftermath — i.e., what happens
if capping is found not to contain the toxins in the soil? Is someone
responsible for remediation at that point? If so who: the developer, the
City, MDE, or the residents who are left exposed to the contaminants?
Related, but not limited to the proposed Master Plan, Alderwoman
Katie Nash announced an initiative that would pause approvals of final
site plans or preliminary subdivision plat reviews where the City is
conducting comprehensive rezoning. This tightly focused
moratorium would primarily apply to those parts of the City that
currently have Small Area Plans as goals. This proposed ordinance would
prevent another Brickworks where a developer has submitted a project
plan “just under the wire” before rezoning can be finalized.
Westside Regional Park
At
their October 19, 2023 public hearing, the Board of Aldermen (BOA)
approved a resolution for a Westside Regional Park action plan. The park
currently contains Sophie and Madigan's playground and the National
Park Service Historic Preservation Training Center (a leased facility).
The plan and its costs will be developed by the Ausherman Family
Foundation rather than the City itself, although City representatives
will be kept ‘in the loop’ during the process. The study will employ a
holistic approach, in collaboration with the nearby community which has
expressed several concerns. Two prominent issues are community members’
surprise at the placement of the library without any consultation and
the realization that the original hope that the planned Community Center
would be integrated with the library will not happen. The promised
Community Center remains an underfunded budget item with no actual
progress made to move this forward. Hopefully with the additional
involvement of the Ausherman Family Foundation, the final result will
incorporate feedback from the community for its needs and desires for
the park. CRG looks forward to a presentation, to the BOA and the
community, of the final priorities for the facilities and amenities,
together with the formulation of an action plan that includes budgets
and timelines for plan implementation.
City Charter Review
The
Charter Review committee completed its review of their
recommendations on November 2 to be followed by a November 30 meeting to
finalize their report. The intervening 3 weeks will allow for
additional public comment and CRG strongly recommends public input on
the document once posted on the City website.
Meeting bi-weekly for over 6 months, the Committee members discussed,
developed, and compiled 19 recommendations for consideration by the
Mayor and BOA for updating the current Charter which guides City
governance. Chief among the Committee's recommendations are:
- term limits for our elected officials: Two 4-year terms for the Mayor and three 4-year terms for the BOA (recommended to be called 'City Council').
- resident voting: Allowing
voting by every City resident in local elections. Admittedly a
contentious issue, it is notable that this proposal was
thoroughly vetted by the Committee with emphasis on both documented and
non-documented residents. Key factors included multiple
municipalities in Maryland allowing the same opportunities for
participation in the voting process along with the extraordinary length
of time (6–20 years) it now takes to become a citizen.
- districting: Future
election of Alderpersons should be done by district vs. the current
policy where all Board (Council) members are at-large officials. Details
will need to be finalized in the coming months but dividing the City
into 5 districts with each represented by an Alderperson (Council
member) along with 2 Alderpersons (Council member) elected to at-large
positions seems the most likely option.
It
is important to stress that the Committee is only making
recommendations they feel will move the City forward and provide a more
inclusive and updated form of government. The critical next step is for a
public review and the eventual approval by the Mayor and BOA.
CRG thanks each member of the Committee for her/his diligence and hard
work and sincerely hopes that the City equally respects their efforts by
thoroughly and carefully considering the recommendations and put each
to a public vote.
WHAT YOU CAN DO
The Charter Review Committee's final report and recommendations will be
available November 30 and we urge you to read it and make comments on
the City website. You can follow that process here: www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee.
City Affordable Housing
At
its November 2 Public Meeting, the Mayor and Board considered two items
intended to expand the availability of affordable housing in the City:
the Overlook East Affordable Housing Project and MPDU Legislation.
In September 2014, the City adopted a PILOT (Payment in Lieu of Taxes)
resolution to support low- and moderate-income housing. This, now
effective, resolution enables owners of certain housing projects to
reduce City and County real estate taxes during the term of the
agreement. The unanimous vote at the November 2 BOA meeting confirms
that Overlook East, an 85-unit new housing development adjacent to a
rehabilitated City-designated historic building with 6 units, will be
credited (beginning March 2024) by the City $34,035 and $44,200 by the
County to real property taxes due for the property during the term of
the agreement. According to the developer, the buildings are Energy-star
certified, and offer many amenities to residents including in-unit
washers/dryers, HE HVAC units, a tot lot, and more. PILOT appears to be a
substantial win for affordable housing!
Frederick City Ordinance 13-02, passed in 2013, was intended to provide
“developers of projects subject to a requirement to construct Moderately
Priced Dwelling Units (MPDUs) with the option to pay a certain fee in
lieu (FIL) of such construction; and providing for the termination of
this ordinance.” Since that time, the Ordinance has been amended several
times to strengthen language, etc., most recently at the above-noted
November 2 meeting. The revised version takes effect immediately,
meaning that any development project application submitted hereafter
must comply with its terms; projects currently in the pipeline are
subject to existing MPDU provisions until November 2. Among the
revisions are:
- Changes
in the “control period” from 30 years to 40 years. This means that
these residences remain in affordable housing stock for a longer period
of time than heretofore.
- Establishment
of a median income for City residents and identifies eligible MPDU
participants as those whose income is between 30% and 80% of that
median.
- Changes the FIL amount from $16,000 per required MPDU to an amount based on the square footage of new homes sold in the City.
- Uses FCAMI (Frederick County Adjusted Median Income) to guide rental rates:
The
new ordinance should result in substantial increases in constructed
affordable housing plus much higher revenues collected as FIL that can
be used for other affordable housing construction or ‘gap’ funding to
cover costs that a developer encounters between permitting and
construction of other affordable housing. CRG applauds the change, THANK
YOU BOA!
County Development Moratorium: School Capacity
In
addition to the City development moratorium discussed earlier in this
newsletter, County Councilman Steve McKay held an open discussion on
October 28 at the Urbana Library and outlined his pending moratorium for
residential development. The moratorium is specifically designed to
address school capacity in the County, i.e., if a school capacity in an
area exceeds 120% of the state estimated school’s capacity, a moratorium
on residential construction will automatically be invoked for up to 2
years to allow for allocation of school construction funding through the
County’s Capital Improvement Plan (budget). There are exemptions for
construction of <60 unit developments, senior-restricted
developments, and those building affordable or moderately priced
dwelling units (MPDUs). The moratorium policy is not applicable to
municipalities, an unfortunate omission due to mandated independence of
municipalities from County governance. This is a huge inconsistency as
Frederick City has a policy to allow development independent of
providing schools for new residences, passing that requirement to the
County with no obligation for notification, land donation, nor school
construction funding. Passing on children’s education to the County
without any obligation for school building based on a City decision on
residential development within its borders is inappropriate. To ensure
access to adequate quality education, CRG will, with your help, work to
convince City officials to eliminate this provision and instead, partner
with the County by requiring land and funds for school construction in
new residential areas of the City.
County and City Climate Plan
The
County and City have provided $300,000 and $200,000, respectively, to
the Metropolitan Council of Governments for updating modeled estimates
of greenhouse gas (GHG) emissions and development of an implementation
plan for reducing emissions and building local resilience, with a
particular focus on the underserved community. It is anticipated that
Mobilize Frederick, the non-profit formed following submission of its
two-volume set of recommendations addressing the area’s new climate,
will partner with the County and City departments in this effort. CRG
applauds this next step in providing responsible actions to minimize
climate impacts, ideally with inclusion of the detailed steps, equity
focus, and funding identified in the Mobilize Frederick report from two
years ago, found on the home page at MobilizeFrederick.org.
Upcoming Meetings and Events
County Planning Commission, Nov. 8, Winchester Hall, 9:30 AM. Discussion of new mixed use development considerations as well as expansion of the Linganore Priority Funding Area.
Electrify Everything Event, Nov. 9, C. Burr Artz Library Community Room, 6:30 to 8:30 PM. Learn how you can protect your family's health, save money on your home energy bills, AND fight climate change at the same time
City Planning Commission, Nov. 13, City Hall, 6 PM. Anticipated Brickworks petition for revising/deleting PC requirement for timing of soil contaminant cleanup vs. construction.
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See the CRG blog at: responsiblegrowthfrederick.com
Contributors: P. Gallagher, R. Huber, 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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