Monday, April 8, 2024

Frederick City and County News of Interest VOL. 3, NO. 4 | APRIL 8, 2024

Frederick City and County News of Interest

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Learn more about CRG at the bottom of this newsletter.

For quick access, click on a title here, to jump to that article, below:

  1. Thomas Johnson Apartments
  2. Habitat For Humanity Grant Award
  3. Parkland FIL Use
  4. All NAC meeting/NAC 11 meeting re: Hotel
  5. Historic Preservation Commissions
  6. City Charter Review
  7. County Council: Ijamsville +55 Senior Facility and S. Frederick Corridor Small Area Plan
  8. State Legislature Decisions Impacting Frederick City and County
  9. Assuring Sufficient Schools to Meet the Growing Need in Frederick County
  10. Westside Regional Park Update 
  11. Code Changes for Native Landscaping in the City of Frederick
  12. Upcoming Meetings and Events


Thomas Johnson Apartments
On March 18, Ausherman Properties indicated that the company would pay fees in-lieu (FIL) for not building the required 10–11 MPDU units for the proposed development at the Thomas Johnson Apartments, citing ‘obligations and red tape’ for not constructing the units while targeting renters at 80–120% of AMI. With PC member and City staff support, the developer’s justification was accepted, thereby not providing sorely needed affordable housing for our low-moderate income residents. CRG acknowledges the legitimacy of the developer’s assertion of obligations and red tape yet wonders if the concept of “mixed income” housing, a key goal of the MPDU program, is appreciated or endorsed by the City. In response, CRG suggests overcoming these impediments might be accommodated by assistance of an MPDU expert in Planning (or other relevant staff) to guide developers throughout the MPDU development and maintenance process. As well, outreach to Montgomery County which has a robust MPDU program without any FIL “buyout” might be worth considering.

Habitat For Humanity Grant Award
On March 21, the Board agreed unanimously to support a $200,000 grant (using City Housing Funds, derived from MPDU FIL collections) to Habitat for Humanity to cover unforeseen costs associated with the project on All Saints/Ice Streets. Alderpersons acknowledged how important this project is to help low-income families build wealth as the 12 units will be condos not rentals — a good step forward to provide housing and an opportunity to build equity for this portion of our community. But are there other public or public-private partnerships that should be pursued to support the needed housing while amassing MPDU funds to build (or provide seed or gap financing for) mixed-income housing? CRG looks forward to new options to provide housing in a diverse mixed-income complex, help build equity for lower-to-moderate income persons, and dramatically expand public-private options to build more housing.

Parkland FIL Use
On March 20, the Board of Aldermen (BOA) decided to allow a FIL to eliminate the parkland requirement in an 11-unit townhouse development off Baughmans Lane. The dedicated portion of the land would be less than 3 acres, thus not viable for Parks and Recreation. There was some confusion among Alderpersons about what the funds could be used for if not a park. Bottom line: Parkland fees can only be used to fund parks or pay off park debt and not for any other City need.

All NAC meeting/NAC 11 meeting re: Hotel
The hotel/conference center workshop was presented at the all-NAC City planning meeting on Monday, March 18, and discussed during the NAC 11 meeting on March 19. There was also some discussion of the project at the East Frederick Rising meeting on March 20 where Richard Griffin confirmed the project is moving forward but the recognition that some hurdles remain. The major point raised was that the site plan reveals an approximately 10% smaller hotel/conference center than originally proposed. Concern was expressed about the magnitude of the public side of the proposed partnership. The developer and the City have apparently agreed to go forward with a plan that will allow full parking, necessary for the project to be accommodated on-site with two levels of underground parking in the plans. The impact on traffic from hotel/conference center activities was not discussed but will be included as part of the APFO submittals later in the review process. The proposed site plan could not be found on the City website. More transparency and details are required.

Historic Preservation Commissions

City HPC: Item 11 on the long March 28 Historic Preservation Commission agenda was a demolition plan for 69 S. Market Street. This plan is a piece of an overall development project for a mixed-use 5 story building just south of Carroll Creek Linear Park. A demolition plan for 77 S. Market Street (one of the three lots devoted to the new construction) has been proposed; this demolition plan was not approved at a prior workshop as a tie vote by members prevented a decision on whether the structure was contributing (historic) or not. The overall proposal received both positive and negative comments.

Clearly, the developer took careful note of the comments and has revised/reworked the development plan, including the demolition at 69 S. Market Street. Instead of retaining only the east and north facades of the historic building, the entire shell will be retained and incorporated into the (yet undefined) new construction. Some defining features will be removed — most significantly the rear (west) facing open porches. After lengthy discussion, commissioners agreed that, until they had a better idea of the revised overall development, they were unable to make any substantive comments on the demolition plan for 69 S. Market Street. This agreement led to a decision that the developer would provide revised renderings and/or a revised overall site plan at the time of or prior to the April 11 HPC workshop focusing on demolition of the possibly non-contributing (non-historic) 77 S. Market Street building. CRG members have volunteered to help residents of the 69–77 S. Market Street development area understand proposed demolitions and specific future construction to guide their interactions with the developer and City staff in finalizing this area plan. This is an important project for downtown with several moving and interrelated parts. Stay tuned!

County HPC: On April 2, the County Council adopted an amended ordinance providing that when the County identifies private property that should be considered a historic property, the owner has the right to provide comment. Although it would be unlikely that an owner would not offer comment without the amended rule, this guarantees owner input. This is an important stipulation because once designated ‘historic’ or ‘a contributing resource’, the owner has fewer options in modifying the property.


City Charter Review
On March 27, the Board of Aldermen (now informally addressing itself as the Council and Council members) reviewed and discussed Charter Review Committee (the Committee) Recommendations #5 and #6, age and residency requirements and term limits.

Recommendation #5:  Age and Residency requirements for the Mayor and Council members.  In general, Council members agreed that the revised Charter should include such requirements. As for age, the Committee’s recommendation is 18 for a council member and 21 for Mayor. Council members thought a minimum age of 18 should be required for all offices, though some opined that age 21 was an appropriate minimum age for Mayor. If this differential age minimum were applied, however, what happens if a mayor pro tem (the highest popular vote recipient or elected by her/his peer council members) is under age 21? 

Recommendation #6: As for residency requirements, the Committee recommended a minimum 3-year residency for Mayor and a 1-year residency for Council members. Again, Council members concurred with a need for a residency requirement but were not sure about the length of such. The City Attorney asserted that the 1-year requirement was more legally defensible, adding that other jurisdictions have been unsuccessful in the courts when attempting to impose a longer residency requirement. The most critical issue, added council members, is the City’s (or the Legislative body’s) ability to enforce residency throughout the term of the elected official, reflecting on past Mayors and (then aldermen) who resided (officially) in other jurisdictions during their term but were allowed to remain in office.


County Council: Ijamsville +55 Senior Facility and S. Frederick Corridor Small Area Plan
On March 20, the County Council voted to rezone 35 acres for Knowledge Farms, a mixed-use age restricted (i.e., 55+) community in Ijamsville. There would be 150 assisted living beds and 147 age restricted units. The primary obstacle is a second access to MD 355, requiring MD SHA approval. Although providing housing for older members of our community is a necessity, there is no mention of affordable housing for the development, raising fear for more extraordinarily expensive housing for well-off residents without addressing reasonable housing prices for low-to-middle income seniors or others https://www.fredericknewspost.com/news/economy_and_business/real_estate_and_development/county-council-approves-rezoning-for-ijamsville-mixed-use-development-with-conditions/article_528c4626-4e80-5f71-a30e-34f738630027.html.

In a first, very positive and inspiring meeting, the Council also unanimously adopted the S. Frederick Corridor Small Area Plan applying form-based code, a zoning approach that emphasizes consistent building and street designs versus assigning specific uses to individual properties in an area (e.g., residential, industrial, commercial, institutional, etc.). The area between routes 85 and 355, out to Buckeystown and the Monocacy Battlefields, will be a high-density zone built around an extensive interconnected street network and parkland. Implementation of the plan is the next major step and CRG applauds County Planning staff’s willingness to incorporate input from residents, businesses, and developers to revitalize the largely commercial and industrial area as well as the Planning Commission and Council for their continuous support for this progressive plan. Now for the City’s languishing East Street Corridor’s form-based code effort: What’s taking so long?


State Legislature Decisions Impacting Frederick City and County

Residential Sales / Contract Disclosures: CRG congratulates members Betty Law and Bobbi Huber for their efforts as a part of a small team trying to initiate legislation to inform future homeowners about nearby Superfund sites. The legislation, HB0486/SB0125 (Residential Property Sales — Contract Disclosures — Superfund Sites), was sponsored by Delegate Fair and Senators Lewis Young and Folden, recently passing through the House and Senate in Annapolis. The bill is currently in final legislation processing. Key points in the legislation are notification through a signed disclosure statement that the home being purchased is within one mile of a National Priorities List Superfund Site. The buyer will have a 5 day right of rescission if they decide not to make the purchase. This will ensure that people moving into an area potentially impacted by a Superfund site, like Fort Detrick's Area B, have the information they need about the site's potential health impacts to keep their families safe. Mrs. Law and Ms. Huber want to thank Senators Lewis Young and Folden and Delegate Fair for their efforts. Also special thanks to Clean Water Action and Jennifer Kunze (of that organization and our team member) and Jen Hahn (our team lead) for their efforts in keeping the bill on track and guiding us through the process.
 
Data Center Legislation: Ms. Law is also to be congratulated for her strong and repeated commitment to encouraging our legislators to adopt responsible data center building and operation requirements through her assistance to Senator Karen Lewis Young. Unfortunately, the governor and state legislators seem to be primarily focused on the theoretical $41M tax revenue and job projections predicted from data center construction and performance. The Governor's bill is in direct conflict with the legislature’s passage of its own requirements for carbon emissions, power demand, and commitment to renewable energy sources in the Climate Solutions Now Act of 2022. The Governor’s legislation (SB474/HB579) eliminates the Public Service Commission’s role in regulating diesel generation, thereby removing a critical check on unlimited data center back-up energy-supported operations. The existing PSC process would not have automatically rejected diesel generators but could have imposed environmental restrictions or compensation for emissions. CRG is concerned about the positive posture of (some) environmentally committed representatives to this data center legislation. However, due to pressure brought by Senator Karen Lewis Young and a few colleagues, environmental groups, and individuals, amendments to the legislation have been adopted. The Maryland Energy Administration (MEA) will report to the General Assembly every two years on the feasibility of clean emergency backup generation, ideally to be used to pressure data center adoption of new, cleaner backup technology as it becomes available. Further, the League of Conservation Voters’ amendment would divert 15% of the revenue from data centers to a fund that will meet the state’s climate goals. It’s anticipated that next year more concessions may be won from the Governor, Assembly, and data center lobbyists.


Assuring Sufficient Schools to Meet the Growing Need in Frederick County
Frederick City and County are in dire need of more schools to meet anticipated population growth. Every effort should be made to advance one or more of the options below that move projects forward. The County and the impacted municipalities can best address this need only by working together. No longer can a City, e.g., Frederick, allow extensive development while abdicating responsibility to the County for our children's education: any developer who is seeking to be part of our County's and City's growth must be told from the beginning that they need to be true partners in the allocation of both land and financial support towards school construction.
Options: 

#1: Embracing an urban school concept (i.e., city schools in dense population areas) especially where land/space are limited. 
#2: Forward funding: Basically, a contract between the developer and the County where the developer agrees to fund and build a school for a pre-determined purchase price by the County. This process helps expedite and potentially expand construction of needed schools and has reportedly been used more than once in Frederick County both in the building of schools (Waverly) and for the FCPS Administrative offices.
#3: Lease back construction/P3: Currently utilized in Prince Georges County as part of their multiple funding options approach to help build 18 schools (6 of which opened this year) in 10 years. The basic premise is that the developer funds, builds, and maintains the school for 30 years. During that time, the County pays off the debt annually from its Operating Budget and takes over the school at the end of the 30-year period. The advantages are obvious - faster builds and more schools with the expense (to the County) more easily allocated over an extended time period.
#4: Co-locations: Combining undeveloped, limited public parkland space with a critically needed school to enhance utilization of both. An urban school concept (see #1 above) for an elementary school works in this configuration. Baltimore County has used this model successfully in Parkton, MD.
#5: Wait for money from the State to slowly, slowly drop from the legislature. Not Recommended.

We (the City and County along with developers) need an all-hands-on-deck approach to put Frederick back on track to providing a quality education for our children. As the City and the County population base grows at the fastest rate in Maryland, anything less is unacceptable. The Maryland General Assembly has taken the initiative under bills SB 1152/HB 1016 to establish a Frederick County School Construction Master Plan Workgroup to comprehensively evaluate all school facility needs in the County and explore solutions including those mentioned above. If adopted these bills would require that any recommendations be adopted by the end of the year. CRG applauds this effort and encourages Frederick County and City officials to fully support and engage with this workgroup.
 

Westside Regional Park Update 
 On behalf of the City, The Ausherman Family Foundation sponsored public meetings on April 2 and 3 to give residents an opportunity to provide input on their needs and preferences for a completed park on the west side. On the one hand, the primary focus of the Sports facilities consultant group describes athletic fields and a sport complex designed to attract regional tournaments and events from outside the City. On the other hand, residents of the surrounding west side community — who will be the primary users of the park — advocated for more traditional non-athletic amenities. Chief among these preferred amenities would be a full-fledged Community Center to serve the needs of the residents on the west side. In addition, sheltered picnic areas, bike paths, and ample green space could make the park more family-friendly along with providing a safe environment for all.
 
The major challenge in the development of the park is developable space. CRG supports an effort that looks to maximize the best of both worlds — offering key athletic components while assuring construction of the critical assets that will help enhance the quality of life for local residents.

 

Code Changes for Native Landscaping in the City of Frederick
At a City workshop on April 3, Jenny Willoughby, the City's Sustainability Manager, submitted proposed changes to the City's code to match Maryland House Bill 322 (legislation that prohibits imposing unreasonable limitations on low-impact landscaping, such as rain gardens, pollinator gardens, and xeriscaping).

The Sustainability Department supports efforts to improve habitat, reduce energy costs, capture and treat stormwater onsite, and reduce outdoor watering needs through low-impact landscaping. This update to City code would provide specific definitions (for managed low-impact landscapes, native plants, noxious weeds or plants, invasive plants, pollinator gardens, rain gardens, meadows, xeriscapes); aesthetic requirements; and maintenance requirements that will provide guidance on how low-impact gardens can fit into the Cityscape.

To watch a video of the workshop online and learn more specifics of the proposal, go to https://cityoffrederick.granicus.com/player/clip/5892?view_id=45&redirect=true
. There will be more discussion of the proposed code changes in future City meetings.

Upcoming Meetings and Events
City Planning Commission, April 8, City Hall, 6 PM: Workshop and hearings of multiple new developments, including 226 W. South Street; Belle Air Planned Neighborhood Development; Sycamore Springs Planned Neighborhood Development; Wormans Mill Court Apartments. https://cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&event_id=4174

City Charter Review Legislative Session, April 10, City Hall, 1 PM: Recommendations 8, 9, 10, and 11

County Planning Commission, April 10, Winchester Hall, 9:30 AM: New construction in Middletown, Libertytown, and Frederick. Additionally, a Site Development Plan approval to construct two buildings totaling approximately 550,000 square feet of warehouse space in New Market. https://www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/15112

  
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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, R. Huber, S. Jakubczyk, E. Law, R. Robey, M. Rosensweig, K. Sellner, K. Thomassen

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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Frederick City and County News of Interest VOL. 3, NO. 8 | AUGUST 11, 2024

Frederick City and County News of Interest VOL. 3, NO. 8  |  AUGUST 11, 2024 Please join our monthly email list by clicking   here . Learn m...