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CRG Winter-Spring Residents Forum: Affordable Housing
City Fees in-Lieu (Housing & Schools)
Implications of Population Increases in the County and City
Data Centers
Update on a New Downtown Mixed-Use Building in the Carroll Creek Overlay (CCO)
Charter Review Update
County Response to Public Health Incident
Climate Summit
South Frederick Corridor
Upcoming Events and Meetings
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CRG Winter-Spring Residents Forum: Affordable Housing
CRG held its initial 2024 winter-spring residents’ forum on January 23 at Gravel and Grind on E. 6th Street (THANK YOU TRACY!), with Ryan Trout providing an hour-long presentation on housing needs in Frederick County and City. Mr. Trout, a housing expert for the region, summarized policies both governments followed in the past and revisions that are under consideration currently. Past affordable housing construction has been through County actions, with the City solely collecting fees in-lieu (FIL) from developers opting not to build needed less expensive housing for possible funding construction in the future (see City discussions below). Trout described fees in-lieu, past and present, with County fees essentially doubling to ~$45,000 for each unit not built; a similar policy is under consideration by the City. He also described federal and state funding options (such as Low Income Housing Tax Credits [LIHTC] used to entice funding from banks and insurance companies), indicating substantial uncertainty in receipt of sufficient funds each year to move affordable housing projects forward, advocating for local funding to bolster likelihoods for receipt of funds from Maryland or the federal government. Substantial Q&A with ~40 residents allowed attendees to depart with greater awareness of possibilities for future construction of the 12,000–15,000 units needed across the County and City. Stay tuned for CRG-organized issue-focused meetings in the coming weeks!
City Fees in-Lieu (Housing & Schools)
On January 18, the City held a workshop to begin discussions of the distribution of collected fees in-lieu for Moderately Priced Dwelling Units (MPDU) and Schools. Only 3 BoA members attended but obvious differences in opinions on use of the funds were evident. For the $6.2M MPDU funds collected over the past decade from developers choosing not to build MPDUs, two members supported use of the fees for construction of housing units as the City has not constructed any affordable housing with these funds for the past 10 years. Another member thought the disbursement should be divided among multiple programs for repairs, rental assistance, home improvements, and then construction. Public comments supported the former with one comment suggesting that if City officials were definitely committed to helping those in housing but needing repairs or assistance, the City should allocate portions of the General Fund to these non-construction needs as an annual portion of each budget to show that this portion of our City’s population is valued and warrants routine commitment. In contrast, the ever-increasing need for affordable housing cannot be delayed year after year, so building to prevent falling further behind in needed housing is critical. Additional workshops will follow and CRG will seek resident support for housing construction for valued but largely ignored portions of our community.
Distributions of school funds was also discussed with two members urging the commitment of funds to increasing seats for Hillcrest Elementary and joining with the County in assessing urban school construction designs. Another member argued that school construction was solely a County responsibility and therefore school mitigation funds should not support the County’s obligation for the portion of City taxes that the County receives annually.
Unfortunately, with the City’s population surging to the highest rate in the state (see below) and continued City annexation of surrounding lands without requiring school construction or land donations for schools, there are insufficient County funds to address all school expansion and new builds. Funds have been collected by the City from developers who choose to neither provide land nor build schools, so use of the collected funds to enhance school capacity is both logical and warranted. CRG urges revisions to the City’s Land Management Code that annexation can only occur if there is adequate (<120%) student seating capacity in nearby schools for the next five years or otherwise a developer for the annexed land must partner with the City and County to build necessary schools or donate land for school construction.
Implications of Population Increases in the County and City
Recent population increases in the City and County, 2.5% and 2.4% respectively, are the highest in Maryland, indicating that we no longer must hear that we will be Montgomery County North, but we already are! MoCo’s fastest growth rate was 2.57% in the past so we now have that distinction for the state. Those increases indicate that substantial changes in infrastructure, housing, schools, and staffing for our planning departments must occur as soon as possible. We are no longer a small town nor a very rural county but an increasingly preferred locale for new residents. Development is everywhere with tremendous increases in construction permits requested and issued in the City and County, with repeated concerns voiced in the newspaper, at County and City Planning Commissions, Council, and Board of Aldermen meetings. As the new mecca for individuals and families in western Maryland, it is critically important to closely examine and revise our planning policies. Such review will ensure responsible residential construction for everyone with adequate and affordable housing, schools at or below capacity, and public services guaranteeing high quality of life for new and current residents. Your voices matter so weigh in as proposals for development and accompanying roads, traffic, schools, water and sewer, and parkland/green space are brought before our regulating bodies!
Data Centers
The Frederick County Planning Commission conditionally approved a site development plan in January for a 777,000-square-foot data center for Rowan Digital Infrastructure at the Quantum Loophole Frederick campus. The approval cites certain conditions, including a vibrational analysis on the project to address sound level concerns. Multiple local and state leaders and organizations wrote letters of support for this Bauxite Data Center. Further, Governor Moore’s administration strongly supports attracting the technology industry and encouraged the Planning Commission to approve Rowan’s application, thereby (in our opinion) challenging the state’s emission requirements in the recently passed Climate Solutions Now Act.
In another meeting, the County’s Data Center Work Group (DCWG) on January 10, Julie Bolthouse, director of the Piedmont Environmental Council, summarized lessons learned from Loudon County’s massive data center development over the past several years. Her bottom line was that prior to any construction permits are issued here, power delivery to a center site must be guaranteed through agreements with the transmission line utility, PJM. Additionally, the sources of the power must also be identified. There is little justification for issuing permits without these two agreements in place. A final point is that costs for any new transmission lines or power companies should be identified and, if substantial to residents, these fees should be assigned to the data center corporations as a function of their normal operations. In Loudon County, residents using 1000 kw per month will receive bills approximating $243/month by 2035, an increase of 127% since May, 2020 (https://www.loudounnow.com/news/concern-grows-over-data-centers-power-lines-in-loudoun/article_29255f7a-ba1e-11ee-b337-0b0f125b94a9.html). CRG hopes that the DCWG and County Executive will heed these suggestions and incorporate appropriate language in any new Critical Data Infrastructure revisions to ensure power delivery is guaranteed at no or very minimal expense to residents and current commercial businesses.
In other important news, as reported previously, the Public Service Commission rejected Aligned Data Centers’ request for its use of 168 diesel generators as the primary energy back-up power supply on the Quantum Loophole Eastalco site, due to projected emissions that would jeopardize the state’s recently adopted emissions guidance in the Climate Solutions Actions Now bill. Not satisfied with the PSC’s commitment to the new law, Governor Moore has proposed legislation excluding diesel generators from the Commission’s purview. Although details are not available, how the governor will meet the emission reductions of the new Climate law remains unclear and CRG strongly disagrees with the governor’s short-sighted decision. Legislation could be considered that requires data center generator use of low emission fuel now in development and available when the first centers have been constructed in the County, thereby ensuring collection of the $41M tax revenue estimated from our new neighbors while meeting our stated emission reductions by 2031.
A final point: A recent analysis in a letter to the editor in the Frederick News Post (https://fredericknewspost-md.newsmemory.com/?publink=1d8956d16 _134d16f) of not only revenues, but costs associated with the data center workforce (construction workers, center operators, electricians) and their families — particularly education for children of these individuals — suggests a $30M shortfall above the revenue collected. Shouldn’t there be a re-examination of fiscal benefits and debits associated with our new neighbors? Multiple comments (pro and con) followed this letter in the Frederick News Post, indicating that a re-examination of fiscal benefits and debits associated with our new neighbors might be appropriate.
SEE BELOW FOR INFORMATION ON THE FINAL DCWG MEETING THIS WEEK.
Update on a New Downtown Mixed-Use Building in the Carroll Creek Overlay (CCO)
Last April (2023), the CRG newsletter mentioned the possibility for a new mixed-use building at the corner of Carroll Creek and South Market Street (another City brownfield site) in the context of the developer’s application for a revision to the Land Management Code (LMC) for a greater density allowance in the CCO. The Planning Commission (PC) approved the LMC revision in July 2023. Now for the update. In January, 2024, the Historic Preservation Commission (HPC) held the first Level I workshop to consider the project.
The developer has proposed a 3- to 5-story mixed-use building with structured parking and commercial space on the first floor and 4 floors of one- and two-bedroom apartments, some with balconies, plus a rooftop deck. The deck will be at the fourth floor level above the 3-story portion (the façade of which will be the east and north exterior of the historic red brick 3-story building). During the workshop discussion, HPC members and City Planning staff were very enthusiastic about the project overall as it will “bring new life to the area,” provide much needed rental dwellings in the downtown core, and (hopefully) reflect the style and atmosphere of historic Frederick. Of primary concern with the proposal is the mass and scale of the building which will tower over the small, 2-story historic dwellings on E. All Saints and S. Court Street (likely blocking sunlight to these dwellings). There was, in fact, general agreement among HPC members that a 4-story building would be much more compatible with the area. Other concerns noted are the minimal setback from S. Market Street and adjacent properties and disruption to the lives of residents of these properties during construction, some of the materials proposed, and relationship of the building to Carroll Creek Linear Park.
Several recommendations were made to the developer for revision of the application. CRG will watch the progress and keep you posted about future HPC and PC workshops and hearings so you can weigh in when public comment is solicited.
Charter Review Update
City residents are anxiously waiting for forward progress on recommendations of the Charter Review Committee. Delivered to the City in late 2023, these recommendations are now in review by City staff with comments due late February. CRG trusts the delivery date will be met and anticipate a schedule of public workshops as well for this critical update on the best structure for City government as the City grows exponentially. A published schedule is critical to assure the recommendations are brought to the Board of Aldermen for a vote to enact or reject, in a timely manner. The year-long efforts of the blue ribbon, mayor-selected Charter Review Committee as well as the City’s residents deserve as much!
County Response to Public Health Incident
CRG compliments the County administration for recently establishing protocols to better protect incarcerated individuals and staff at the County’s Detention Center. A March 2023 sewer back-up where sinks, toilets, and showers were compromised with black water and hazardous overflow motivated Frederick's RISE organization to request that the office of the County Executive investigate the incident, ideally to ensure future elimination of unnecessary exposure of everyone at the Center to health-threatening conditions. The County's January 9 response in a meeting with RISE representatives led to a new policy with established procedures to better respond to similar events in the future. The takeaway is that when approached the County Executive's staff formulated policies to protect ALL Frederick County residents from possible public health threats, an example of County government responsiveness to resident needs.
Climate Summit
The Climate Summit convened by Mobilize Frederick and Hood College on February 2 and 3 provided a comprehensive review of recent progress in addressing our new climate across the City, County, and state. At this second annual meeting, ~400 registrants had the opportunity to listen to updates on state agency efforts and state legislation under consideration to address this new crisis we now face. Presentations and panel discussions spanned environmental justice, green funding options and schools, agriculture, data centers, and electrification. Breakouts were organized around local food systems, green environmental education/outdoor learning, resources for energy efficiencies for healthier buildings, expanding nature in local communities, and sustainable career possibilities. There were also 52 exhibitors present covering construction, housing, food access, power, education, voter registration and several candidates, and natural resources. For a summary, see details at MobilizeFrederick.org.
South Frederick Corridor
County Planning staff presented a complete description of the South Frederick Corridor small area plan to the County Council on January 30, focusing on the advantages of form-based code for the area between Routes 85 and 355 (pdf download: https://frederickcountymd.gov/DocumentCenter/View/349853/SFCP-presentation-to-CC-2024_01_30-002.pdf). The detailed summary included Q&A with commissioners who indicated strong support for the comprehensive, intelligible plan and admiration for staff's effort. Three workshops are scheduled followed by hearings. CRG looks forward to more in-depth dialog between staff, Council members, and the public to determine a final design of this critically important residential and commercial area of our County.
Upcoming Meetings and Events
City Historic Preservation Commission: Thursday, 2/8/2024 at 6 pm at City Hall: Demolition of dwelling at 7518 N. Market Street for purpose of constructing Wormans Mill Court Apartments north of Rose Hill Manor Park
County Data Center Work Group: Thursday, 2/8/23 at 6 pm at Winchester Hall. Final meeting of the work group.
County Planning and Permitting Department Open House: Thursday, 2/8/23 from 5–7:30 pm at the Prospect Center. Room G, 585 Himes Avenue, Frederick
Have you ever wanted to take a shot at planning for Frederick County’s future? Livable Frederick will be hosting a playful exercise during the Planning & Permitting Community Outreach Event. It will provide an opportunity for YOU to step into the shoes of local planners. Limited time slots are open so be sure to register! https://www.frederickcountymd.gov/FormCenter/Planning-and-Permitting-32/Livable-Frederick-Activity-Registration--330
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