Wednesday, December 6, 2023

Frederick City and County News of Interest VOL. 2, NO. 12 | DECEMBER 6, 2023

Frederick City and County News of Interest

This final issue of 2023 is both a summary of 2023 events and issues and a forward look to 2024. Although much was accomplished by the many community members who attended (in person and virtually) City and County meetings and expressed your concerns about, as well as support for, responsible growth in our community, the work goes on. Please continue to be informed, aware, and involved.


Happy Holidays to all.
We hope your end of year celebrations with family
and friends are full of joy, cheer, and love.

Kevin, Marge, Steve, and everyone at CRG

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Contents

  • Brickworks
  • Future Development in City Brownfield Areas
  • City Charter Review
  • Ad Hoc Community Engagement and Neighborhood Advisory Council Committee
  • Development Moratoria, Annexations, & Schools
  • Budgets: Local and State
  • Sugarloaf Overlay
  • Data Centers
  • City Vacant Property Registration Ordinance (VPRO)
  • Gap Funding for MPDU Construction in the City
  • City Form Based Code (FBC)
  • Upcoming Meetings: City
  • Upcoming Meetings: County


Brickworks
The City Planning Commission (PC) agreed at its November 14 hearing to consider the developer’s petition to reconsider Condition 9 of the approved conditional Master Plan for the Brickworks (BW) at South and East Streets. Unfortunately, the City legal department said the entire Master Plan must be reviewed, not just the PC requirement for site cleanup prior to issuing building permits. Stay tuned! The discussion continues on December 11 at City Hall.

Future Development in City Brownfield Areas
City staff have repeatedly stated that contaminated soils on former industrial sites are not covered in its Land Management Code (LMC) and hence the City cannot impose any mitigation of the contaminants on developers for a contaminated (brownfield) property. This is a major threat to workers and future residents of those sites. As a result, in 2024, CRG will propose text for the LMC to require that all properties are monitored to ensure public health and safety for workers and residents.

City Charter Review
The mayor-appointed Charter Review Committee has unanimously accepted a report listing 19 recommendations to modify the current City Charter. The recommendations will be presented to the mayor and Board of Aldermen this month with a request to move several major governance recommendations forward quickly to ensure they are in place by the 2025 primaries and City election.

Ad Hoc Community Engagement and Neighborhood Advisory Council Committee
This mayor-appointed committee completed its report several months ago and will convene this month to receive and respond to City staff and public comment on its recommendations. One or more workshops and hearings will be held in early 2024 for discussion and consideration of the proposed recommendations to increase resident-City partnership in City governance. The outcome of the City’s response to the recommendations will determine whether residents have an active role in engaging City officials in determining activities within their individual neighborhoods or not. Stay tuned and speak up for enhanced communication and cooperation by residents rather than the current declining role of the Neighborhood Advisory Councils (NACs) in Frederick. Information and documents here: cityoffrederickmd.gov/1638/Ad-Hoc-Neighborhood-Engagement-NAC-Commi.

Development Moratoria, Annexations, & Schools
Both the County (Councilman Steve McKay) and City (Alderwoman Katie Nash) have proposed short-term development moratoria to foster more responsible growth in our area. McKay’s proposal would set an automatic 2 year development moratorium if school capacity in a development exceeds 120% of state-computed school capacities for the development area. The moratorium can only be rescinded if school construction issues can be resolved. Nash’s targeted proposal focuses on development moratoria for designated Small Area Plan sections (currently 8) of the City that would require rezoning for the proposed development.

The City continues to annex portions of County land surrounding the current City boundary with annexation often leading to substantial City fiscal commitments to maintain infrastructure built into these developing areas and, if residential areas, collection of a suite of fees including school impact and mitigation fees. CRG encourages City officials and staff to undertake long-term assessments of these new areas for future City-required funding as well as school capacity limits like those proposed by Councilman McKay for County areas.


Budgets: Local and State
Both the City and County are preparing budgets for FY2025 and it is important to identify infrastructure, social needs, and education demands that must be addressed as both the City and County continue to grow at the fastest rates in the state. The City suggests it will focus on funding community projects (perhaps community centers on the West side) to best help underserved portions of our community but specifics are needed.

In CRG’s opinion, the expanding school construction and education demands across the County should be the budgetary focus of the County Executive and County Council. At the state level, continued focus on regulations for bring your own bottle (BYOB) businesses, currently unregulated in an ‘anything goes’ operations model, and deployment of speed cameras beyond school zones to reduce post-pandemic municipality speeding on all streets, remain needed state commitments.


Sugarloaf Overlay
Decisions on development and protection of the natural environment of Sugarloaf Mountain remain elusive, passing back-and-forth between the County Planning Commission and Council with each reluctant to make a final recommendation. CRG seeks some stated commitment from the County Executive to move this forward in a final decision within the next few months.

What You Can Do

The County Council will hold a hearing on Tuesday, December 12, beginning at 5:30pm, to hear public comment on the Sugarloaf Rural Heritage Overlay Zoning District amendment to the Sugarloaf Plan. Our friends at the Sugarloaf Alliance believe this may be the “do or die” moment in the community’s effort to support preservation in this part of the County. The Alliance has identified 3 steps to assist in convincing the Council:

1. Attend the County Council meeting Tuesday, December 12, beginning at 5:30pm.
2. Sign a petition to keep data centers out of the Sugarloaf Plan area. (Click here to sign the petition and leave comments.)

3. Donate to the Alliance for its legal fees to retrieve County documents on potential data center development on the property. Share your comments with County Council by email; click here for information on sending in comments and contacting the Council members by email. Please share this information with neighbors!

Data Centers
Decisions on development/construction of data centers on the 2100-acre Eastalco site are in limbo. Maryland’s Department of the Environment (MDE) has found that the owner, Quantum Loophole (QL), has engaged in substantial environmental violations, with no resolution yet on what QL must do to remedy these problems, as well as address potential contaminants in approximately 1600 acres of the site.

The state’s Public Service Commission (PSC) has also weighed in, despite considerable political and economic pressure, to limit the use of 168 diesel-powered generators by Aligned Data Centers, the first corporation seeking to build 4 data centers at the property. The PSC decision was based on compliance with the state’s just-passed Climate Solutions Now Act that provides greenhouse gas emission limits across the state. This decision poses substantial obstacles for other data center corporations for the Eastalco site as diesel generators are the normal emergency power sources during temporary power reductions to data centers.

The County’s Digital Center Workgroup remains in deliberations into March, delayed by the County Executive as the governor seeks to sway the state legislature to modify its requirements that allow data center development and operation. CRG supports data center construction and operation, but only if a number of issues are resolved, including responsible guaranteed supplies of power to centers AND residents and businesses; cooling water recycling and enhanced stormwater controls; low noise generation; guarantees for local residents for property protection and quality of life; and long-term safeguards of local creeks, forests, and wildlife. This can be done, but political commitment is required. What partnered policies are ahead in the County and City to ensure realization of promised tax revenue without compromising the assurances needed remain unresolved.


City Vacant Property Registration Ordinance (VPRO)
December 2023 marks the end of the 3rd (and most critical) year of the 4-year City regulation to reduce/eliminate the stock of long term vacant properties in the City.

In year one, owners of vacant properties were advised that by the end of the year (December 2021), their properties were to be registered and at the end of year two (December 2022), properties vacant for 2 years (since December 2020) would be inspected in year 3 (January–December 2023). These time frames apply to any properties vacant for a year.

At the end of year 3 (December 2023), taxes are to be applied. Per the municipal code Section 12.5-58, “A vacant property that remains vacant for a period of at least three (3) years will be deemed a habitually vacant property for tax purposes as specified in Chapter 8, Article V of this Code.” The regulation implies, therefore, that properties vacant as of December 2020 are now subject to increased property taxes. CRG posits that if the City is enforcing the ordinance properly, property owners should have already been notified of this tax increase and where appropriate, increased escrow
or actual collection of the tax in mortgage-free properties should have begun. CRG has contacted City staff on several occasions and will continue to do so in order to ensure that the City is implementing this critical step. Look for updates in our January Newsletter.

Gap Funding for MPDU Construction in the City
Currently the City is playing catch up in determining how to spend the money that has been accumulating over recent years from developers who chose not to build affordable units in their projects by paying fees in lieu (FIL) instead. One highly recommended option is for the City to provide some funds to developers who are building affordable housing to close the financial gap that now exists between permitting and the time for actual construction, caused by the current economic environment. This "gap financing" approach would maximize the City's investment by providing the most units for the funds spent. Shovel ready projects such as Madison on North Market and The Junction (511 and 524 W. Patrick Street) are two prime examples of projects that fit this profile. CRG encourages the City, with some urgency, to step up and help move both projects forward!

City Form Based Code (FBC)
The much discussed and thoroughly vetted FBC is still pending final review and approval. The longer it takes for this critical update to the Land Management Code to be codified, the more development projects will be able to proceed under the current rules with little benefit to the long-term design plans for the City. Greater urgency on the part of all involved is needed to assure this effort comes to fruition to avoid disconnects between current development plans (e.g. the Brickworks, Maryland Deaf Community Center, and other projects) and the City’s vision as expressed in multiple Small Area Plans written over many years. 

Upcoming Meetings: City
City Mayor and Board Public Meeting: Funds for MPDUs at Overlook East, Westridge redevelopment, Code of Ethics.
   December 7, 2023 — 7:00 PM. City Annex.

Planning Commission: Brickworks
   December 11, 2023 - 6:00 PM
Fiscal Year 2025 Budget Priorities Meeting
   December 12, 2023 — 7:00 PM
City Budget Workshop
   December 12, 2023 — 7:00 PM
Mayor & Board of Aldermen Business Meeting/Workshop
   December 13, 2023 — 3:00 PM
City-County Joint Meeting
   December 13, 2023 — 7:00 PM
Historic Preservation Commission
   December 14, 2023 — 6:00 PM
Legislative Priorities Meeting with Frederick County Delegation
   December 18, 2023 — 9:00 AM
   Agenda and Staff Reports
Citywide Planning Department Community Outreach Meeting
   December 18, 2023 — 6:00 PM
Zoning Board of Appeals
   December 19, 2023 — 7:00 PM
Mayor & Board of Aldermen Workshop
   January 3, 2024 — 3:00 PM

 

Upcoming Meetings: County
County Council Meeting: Calumet Development and County commitments to water, sewer, and road infrastructure.
   December 7, 2023, 5:30 PM. Winchester Hall.
County Council: Overlay District Hearing
   December 12, 2023 — 5:30 PM. Winchester Hall.
Data Centers Workgroup Meeting
   December 12, 2023 — 6:00 PM. Winchester Hall.


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See the CRG blog at: responsiblegrowthfrederick.com


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

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.

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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