Frederick City and County News of Interest
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Sugarloaf Overlay
Brickworks Update
City and Council Address Urban Schools and MPDUs
VPRO Action
Downtown Hotel
Upcoming Meetings and Events
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Moving into 2024…
CRG’s priority issues for focus in 2024 are:
- revisions to the City Charter and direct engagement between the Neighborhood Advisory Councils (NACs) and the Board of Aldermen and mayor
- expanded City fiscal commitments to construction of schools and moderately priced dwelling units
- adoption and implementation of a Form-Based Code for the City’s Small Area Plan locales
- implementation of modest regulations for public safety from City businesses focused on Bring Your Own Bottle (BYOB) operations and potential cannabis legislation similar to the County’s recent proposal.
In the County, the 2022 data center ordinance needs substantial revision to protect current power and water uses, adjacent property operations and value, and water and habitat quality of the natural environments that characterize our treasured natural resources. Evaluations of Small Area Plans for Sugarloaf and the 85-355 Corridor must continue with greater resident input. Development moratoria are proposed for both the City and County to encourage responsible growth that accommodates future infrastructure needs of current and anticipated residents, their work and recreational lives, and education of the County’s youth.
As the 2024 primary and general elections and the 2025 City elections approach, the CRG newsletter will document candidate positions on these issues. Actions during the months ahead will define our City and County in the decades beyond so CRG will strive to keep everyone informed! Please weigh in!
Sugarloaf Overlay
In a very disappointing December 19 decision after 2+ years of resident input, the County Council rejected the Sugarloaf Overlay that would have preserved and protected the Sugarloaf Mountain from future development. Only Steve McKay and Jerry Donald concluded that protecting the mountain was a fundamental treasure of the County and consistent with the Livable Frederick Master Plan. The Sugarloaf Alliance has doggedly and clearly defended the importance of the overlay, even providing a petition of over 1000 signatures backing placement of the overlay on the mountain. Kai Hagen, former councilman, and the current Planning Commission strongly encouraged adoption and former County Executive Jan Gardner voiced strong disappointment in the current Council’s decision. Reasons for rejecting the overlay included
— that the vocal residents who supported the Sugarloaf Overlay were a NIMBY effort by the community (CRG: protecting the environment is self-protection?)
— a perspective that future revenues for the County must be found for continued County infrastructure (CRG: studies show that residential development never pays for itself)
— a contention that there should be no ‘exclusionary zoning’ (CRG: all Euclidean zoning is exclusionary), and
— a belief that the current resource conservation (RC) zoning has protected the mountain adequately until now (CRG: future property owner commitments to RC are questionable).
Some Council members also rejected the overlay and its amendment constraints on data center development until the Data Center Work Group (DCWG) issues its recommendations in March and the ‘experts’ on the DCWG provide specific guidance for any data center expansion in the County. Unfortunately, there are no power or water experts on the DCWG. Accordingly, CRG hopes the DCWG members will dig deeply into all relevant literature, information, and policies specific to this burgeoning industry to guarantee protections for all County areas, including the mountain.
You can watch a video of the Council meeting on Dec. 19 by clicking here.
Brickworks Update
On December 11, the City Planning Commission (PC) voted to revise Condition 9 — which it had imposed on the developer’s Brickworks Master Plan in October — allowing issuance of building permits for the contaminated property after Maryland’s Department of the Environment (MDE) has accepted the developer’s application to the Voluntary Cleanup Program and received and accepted a Response Action Plan (RAP) from the developer for portions of the property with contaminated soils that, according to MDE, require mitigation. MDE can issue a No Further Remediation Determination (NFRD) for some sections of the property with no or low contaminant levels. If it does, building permits will allow immediate grading and building pad or parking lot construction on the property by the developer. More contaminated soils will require rigorous cleanup and no construction until soil contamination mitigation has been completed.
CRG applauds participation by MDE’s director Barbara Brown at the hearing. Her comments were critical in drafting the PC’s final language of the revised Condition. CRG is also deeply appreciative of the thorough evaluations of all pertinent City and State requirements by the PC members whose preparations ensured appropriate text to best protect construction workers, future residents, and sales staffs for the proposed commercial and retail operations on the site, a commitment not addressed by current City staff and its legal department.
View the City Planning Commission meeting here.
City and Council Address Urban Schools and MPDUs
A City-County legislative session was convened on December 13 to explore two issues: urban school construction and moderately priced dwelling units (MPDUs). FCPS representatives presented a comprehensive description of urban schools, focusing on an urban elementary school. Their initial comments were general, outlining limitations to all school construction (funding, timelines, limits posed by current the City Land Management Code and Adequate Public Facilities Ordinance for a multi-story school on a 6 to 7 acre site should land be found or donated). State financial support is critical, ranging from 50% to 67% of needed funds with the latter larger contribution dependent on the proximity of schools in adjacent areas. Options for these schools include building classrooms above gymnasiums, cafeterias, and perhaps on roofs, reduced on-site parking and dropoff-pick up areas, available nearby on-street parking or garages, reduction in near-school shrubs to minimize hiding space for perpetrators, and safe access to local parkland. The City (3) and County (5) legislators in attendance were enthusiastic about the possibilities and will continue discussions in the future.
For MPDUs, City Alderman Shackleford and County Councilman Duckett requested joint funding for a housing study, expanding beyond the results of a 2016 study. Members requested more details on the goals and deliverables so future discussion will follow. CRG strongly supports a joint fiscal commitment to school construction and believes any potential housing study should conclude with strong recommendations for financing actual building of MPDUs.
This joint discussion organized by Alderwoman Nash is a very positive first step and a harbinger of a stronger relationship between the County and its largest City!
You can watch the joint City/Council meeting here.
VPRO Action
With the Vacant Property Ordinance completing its 3rd year, it is important to note that the City is now entering the enforcement stage. Having first required the registration of habitually vacant properties and then basic inspection in May 2024, property taxes on habitually vacant properties will be raised to accommodate for their drain on the value of adjacent properties — with taxes to be paid in full in 2025. Intended as a disincentive for recalcitrant landlords to continually hold onto such properties, the tax rate will continue to increase in subsequent years. The City still has some work to do to finalize the details which will be presented in the pending budget in May, but all signs point to this moving forward as planned. The impact of this 100% citizen-initiated ordinance passed in 2020 on areas such as the 300 block of North Market and potential ROI (Return on Investment) is enormous and long overdue. Trust that CRG is monitoring this closely!
Downtown Hotel
It appears the Downtown Hotel is a done deal and a decided issue, yet there is still a need for additional review and more public input. Although the County and the City have committed $4.5M and the State has recently chipped another $1M, the project is still substantially short of its financial goals and the State is being asked to kick in an additional $20M! At this juncture serious questions must be asked about this (over 7 years and counting) public-private partnership, such as:
- Exactly what is the City getting out of this partnership? "Tax dollars" is not a strong enough answer as the City will be responsible for the long-term maintenance of the surrounding infrastructure; plus, the length of time for the upfront investment to be amortized will be considerable.
- Is the project too large for the location on East Patrick Street? For example, does it need to be almost 300 rooms plus meeting rooms, restaurants, etc.? There is a big difference between a conference and a convention center — which one (if either) is most appropriate for the old Frederick News Post property?
- Are there better options for short- or long-term visitor accommodation available in today’s market that can truly benefit City residents who will be footing at least part of the bill?
- Does the planned deal — in which the developer will buy the property from the current owner and then turn it around the same day, and sell it to the City — need more transparency? This plan is designed to ensure funding is in place to move forward with construction.
Answers
to each of these questions might provide the information needed for the
City and its residents to feel confident in the project. Conversely,
answers might stimulate those involved to return to the drawing board
and come up with a different approach. Stay tuned!
Upcoming Meetings and Events
Ad Hoc Neighborhood Engagement and NAC Committee meeting to review staff and public comments on draft recommendations.
January 11, 4:30 PM, City Hall
2024 Climate Summit — by Hood College & Mobilize Frederick
February 2, 9am–5pm, Hood College
February 3, 9am–3pm, Hood College
More information: click here.
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)
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