Wednesday, May 8, 2024

Frederick City and County News of Interest VOL. 3, NO. 5 | MAY 8, 2024

 VOL. 3, NO. 5  |  MAY 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 and jump to that article, below:

  1. Editorial
  2. City: Worman’s Mill Court Apartments
  3. Mixed Use Development at 69-77 S. Market Street
  4. Lucas Village
  5. City: Westside Regional Workshop
  6. City: East Street Redesign
  7. City: Board of Aldermen & Mayor Workshop: Resident Appointments and Affordable Housing at The Junction and Madison on N. Market
  8. More Luxury Condos Downtown
  9. City: B&O Development, Lot 7
  10. County: Property Tax Increase for School Construction
  11. Hotels, Hotels, Hotels
  12. Ongoing Data Center Concerns
  13. Upcoming Meetings and Events

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CRG is adding an editorial column beginning with this edition of our newsletter. The intention is to expand what is offered to our readers in addition to normal reporting on core issues and related meetings throughout the City and County. Our hope is that you will find these thought provoking and, in some cases, insightful.

EDITORIAL: Steve Jakubczyk
In praise of volunteers — you inspire us and help keep us going
In the midst of partisan politics at every level in both the City and the County — where in-fighting and close-mindedness, along with an apparent disregard for transparency and public opinion — it is difficult sometimes not to give in and walk away. It's especially difficult after spending time going to meeting after meeting, organizing and moderating dozens of non-partisan candidate forums, and constantly engaging with neighbors throughout the community to better understand resident concerns.

To observe that the City constantly hires consultants, but ignores their recommendations and does the same with the commissions and committees they appoint if the results don't reinforce their preconceived positions, is very disheartening.

Hearing that quality individuals are denied jobs in the City, or an opportunity to serve, because they won't rubber stamp staff recommendations, or are loosely associated with civic organizations that occasionally challenge the status quo, is chilling to the soul.

The recent denial of reappointment to the critical and vital City Planning Commission because an individual fought too hard for the residents, instead of for the development community, was especially egregious.

However, I've met some lovely, dedicated people on this journey and that's what keeps me going. These are people I respect and admire, who are doing their best to address the challenges of a growing City for all the right reasons; people who serve without ego, arrogance, or grandstanding — those of you who actively participate in non-profits or through church groups, and those who volunteer to help your neighbors and community out of a desire to create a better Frederick through improving the community at large.

You are the ones that inspire me each and every day — keep it up — we need you!
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City: Worman’s Mill Court Apartments
The 3-building, 315-unit multi-family residential project, proposed by Standard Communities, is either a tremendous addition to the stock of affordable housing in Frederick — or an attempt to fit a square peg into a round hole. At the first of two hearings on both a re-zoning application and a master plan, the applicant noted that due to the unique nature of the site (in terms of size, configuration, access to public streets, bisection of the property by a portion of the RwT (Roads with Trails), partial location within the Highway Noise Impact Overlay (HNO), etc.), it is necessary for the ZBA (Zoning Board of Appeals) to designate the site as MU (mixed-use) and the PC (Planning Commission) to approve numerous requested modifications to the LMC (Land Management Code). Issues and concerns raised at the hearing included, but are not limited to:

Single public vehicular access to the site — Currently Worman’s Mill Court provides the only public access point to the property.
Limited 5000 sq. ft. non-residential building and its location — Questions were raised about the location, size, and use of this facility as it does not seem to meet the criteria for/nor intent of mixed-use properties.
Minimal recreation area on site with payment by developer of a fee-in-lieu of parkland.
Landlocked pedestrians — Although the project is located within walking distance of goods and services north of Rte. 26, there is currently no safe, convenient way to access these facilities.

Hopefully, careful consideration of/decision about all modification requests will assure it’s precisely what the City needs to fill at least a small gap in the affordable housing market. And, we suggest, this (and other future infill projects) would be more valuable to the City and its residents if the projects are developed as mixed-income communities rather than low/moderate income housing. A vote will be taken at the next PC hearing on the rezoning recommendation and proposed site plan.


Mixed Use Development at 69–77 S. Market Street
By a vote of 3–1, the HPC Commissioners agreed that 77 S. Market St is a non-contributing building which leads the way to its demolition. However, the developer, Ausherman Properties, must submit a new and updated Replacement Plan (to replace the 12/11/23 submission) before the HPC Commission approves the actual demolition. A representative of the Union Steam Fire Engine Co. #3 at 79 S. Market Street reminded Commissioners that a nearby concrete block building on W. South Street had been designated as a contributing structure and wondered why 77 S. Market was not afforded the same designation. As well, several neighbors provided public comment on the project, noting the massing and scale of the (original) design for the replacement and its negative impact on their properties, including loss of light, privacy, and parking, and increased noise generated from HVAC units and other mechanicals once the replacement building is constructed. Although the neighbors’ comments focused mainly on the replacement rather than the demolition, these issues cannot be separated as documented by the HPC decision to delay demolition approval until the revised replacement plan is presented. After the meeting, the developer’s representative offered to meet with neighbors who have become a cohesive and active group. UPDATE: As of April 23, 2024, the developer had not submitted a revised replacement plan nor met with neighbors. We will keep you posted when this item is scheduled for discussion.

Lucas Village
The U.S. Department of Housing and Urban Environment recently approved “the demolition of the entire Lucas Village community,” a public residential neighborhood comprised of 88 units and various community buildings, determining that the site is “high-risk for the formation of sinkholes” and the units are “unsuitable for housing purposes.” Under a plan proposed by the Housing Authority of the City of Frederick (the owner and property manager of the area) families in the affordable housing community are being displaced so the village can be demolished to protect against future sinkholes, associated damages, or injuries, and “imminent health hazards.” Although protection of all families is critical, the Board of Aldermen (BOA) is requesting additional information on how the developer will ensure that the replacement construction will be ‘safe’ from future sinkholes. Further, ensuring temporary housing for the displaced families is critical, as are options for the residents to return to the property at affordable rates.

CRG applauds the restraint shown by the aldermen in taking this precaution for the safety of the future residents (see Lucas Village, Relocation and Redevelopment presentation made to the BOA on April 17th) but requests that other concerns for the specific area be discussed (objectionable summer odors, impact from quarry explosions, proximity to train tracks) and remedies offered.

Board of Aldermen meeting video and documents:
https://cityoffrederick.granicus.com/player/clip/5924?view_id=45&redirect=true


City: Westside Regional Workshop
On May 1st, a workshop was held for the initial presentation by the Sports Facilities Corporation, the consultant for the design and projected uses of Westside Regional Park. The bulk of the meeting was a recap of the two public meetings held April 1st and 2nd, plus updates on a recent online survey.

For CRG there were two major takeaways:
The overwhelming public response was a preference for Community Services at the park along with passive outdoor space. This was in stark contrast to previous and now outdated plans that called for a revenue-generating sportsplex that did little to benefit the surrounding community. CRG strongly supports the choice of the residents for a Community Center to house the needed Community Services.

The presentation left many answered questions and, in some cases, seemed to put the proverbial ‘cart before the horse’. There were too many questions by the BOA that should have been addressed prior to the workshop or the work by the Consultant. There was no information provided about any City objectives for the park, no real discussion on any "must have" amenities, and no clear understanding of the physical and practical limitations of what can or cannot be constructed in the park. All we really know is that the public wants an accessible park and not a sports complex!

It is concerning that such a major opportunity to enrich the lives of the residents of the City and in particular the often underserved community on the west side was not been more thoroughly vetted prior to the start of this process. Clear objectives must be brought forth recognizing that the local community has evolved over the last decade and as such must be the top priority.


City: East Street Redesign
On May 1st, City staff conducted another public charrette on the redesign of East Street from 4th to 8th Streets where citizens were able to express their opinion on proposed realignment of traffic. Unfortunately, this effort seems to be moving the ball backward from the Re-envision East Street study conducted a year ago. The focus seemed to be on the creation of dual bike lanes on the east side of the street. City Staff agreed that the rails and trails path would be designed to accommodate both pedestrians and bicyclists. CRG believes that the rails and trails concept should continue down to 4th Street thereby moving the dedicated bike lanes off the busy street and providing room for trees and a stormwater right-of-way. CRG is also encouraging the city to establish a right-of-way for the eventual burial of the current above ground utilities.

A long-range plan for the East Street Corridor should be distributed quickly before any decision is made on the 4th–8th Street redesign. The 4th–8th street traffic lanes, bike and pedestrian use, stormwater options, and relocation of the current and future utilities can then be assessed as part of a planned corridor continuum with implementation of the redesign as development criteria and resources are available.


City: Board of Aldermen & Mayor Workshop: Resident Appointments and Affordable Housing at The Junction and Madison on N. Market
On May 2nd, the City discussed two important topics important to residents. The first was appointments of various citizens to important City commissions including Sustainability (ideally guiding our urban climate program) and Planning (the most important venue for resident examination of proposed development). CRG looks forward to continued dialog between the general public, these commission members, and the City administration. A surprise was the absence of the proposed reappointment of the most experienced member of the Planning Commission, initially nominated to serve again but absent in the final agenda. The loss of the dedicated, informed, and always prepared member of the Planning Commission jeopardizes the high credibility it has earned over the past several years. We hope an explanation for this omission will be provided in the coming weeks.

In the remainder of the workshop, multiple agreements were discussed, many focusing on use of City revenues collected from developers who have chosen not to build City-required moderately priced dwelling units (MPDUs) and instead have paid a fee in-lieu (FIL) that the City has accumulated to more than $6M. Several agreements provide portions of these fees to jump-start two affordable housing projects (the Jefferson Junction project and Madison on N. Market). CRG wholeheartedly welcomes this long overdue use of City housing construction funds, matched with County funds, to move the Junction project forward. A downside is that both projects provide support for residents at no more than 60% of the area median income (AMI), leaving lower income ALICE residents without housing opportunities in these two projects. Additionally, the BOA agreed to seek lower property taxes from the affordable complex at the Junction, thereby reducing the annual property tax burden on the developer enabling lower fiscal demand on the developer to move the project forward.

In the future, CRG believes that all collected FIL be used solely for affordable housing construction with City General Funds covering sorely needed assistance to the homeless and rental assistance for fiscally-challenged lower income families. The two social programs are essential, but the City should indicate its multi-decade support through repeated annual allocation of a portion of property taxes collected to these programs and not reduce housing construction funds collected to actually provide yearly building of a portion of the estimated 12,000–15,000 units needed across the City and County.


More Luxury Condos Downtown
The first condominium on the former Visitation Academy property is fully occupied. The second, a 7-unit condominium building between the first building and E. 2nd Street, will get underway when four units are under contract (two are currently under contract). Neighbors are concerned about the state of road degradation in front of the entrance to the condominiums and the developers promise to inspect the road, and work with the City on any repairs that would take place until after the construction of the second building. Another concern expressed by (primarily) E. Second Street residents is the brightness of the vertical lights on the condominium façade which will impact residents of the second condominium building.

City: B&O Development, Lot 7
On April 25th, the Historic Preservation Committee received testimony from applicants for construction of 5 new townhouses behind the historic and renovated B&O buildings near the MARC Train Station off East Street. The developers propose 4-story townhouses, with renderings showing gray facades (where’s the red brick to match the linear park buildings or the current B&O townhouses?), two bay garages (not permitted facing public streets), and second story balconies (are there any in that area?).

Construction on the site is inevitable, but the developers seek exemptions to ensure reasonable returns on sales. CRG encourages the HPC to insist that developers meet the requirements of City HPC guidelines rather than comply with developer-requested exemptions that will ensure profit for them in the new market. For example, build smaller, with styles and materials that complement the Union Mills and existing B&O townhome facades.


County: Property Tax Increase for School Construction
County Executive Fitzwater is requesting a 4.7% increase in property taxes for school construction. With the rapid growth rate and constant construction of new residential units, and the already overcrowded/overcapacity schools, it’s obvious new schools must be built in order to provide quality educational opportunities for all. CRG generally supports the property tax increase initiative and recognizes it as a good starting point to keep from falling even further behind.

As stated on our call-to-action email last week, only with an all-hands-on-deck approach — leveraging all potential funding options and statewide partnerships — can we hope to resolve this crisis.

Frederick News Post article on the tax increase:
https://www.fredericknewspost.com/news/education/funding/fitzwater-proposes-4-7-property-tax-rate-increase-for-fy25-to-fund-school-construction/article_ec4c3ee1-6b07-5580-89d7-b1b3858c2a6f.html


Hotels, Hotels, Hotels
Many Fredericktonians have been following the “downtown hotel” saga for what seems like years. Currently, there are no operating hotels in the downtown core. However, one is on the brink of opening; another has passed a few necessary milestones. The first, Visitation Hotel, is scheduled to open August 15, 2024. Final agreement has been reached with Brian Voltaggio, who will be the creative chef for the hotel restaurant. The first major event at the hotel will be a wedding in mid-October.

The second, the long-planned/promised downtown hotel and conference center, was the discussion topic at a recent community meeting on the site plan. The presentation focused mainly on entrances and surface parking. Some attendees were surprised to learn that the hotel is now set back behind the existing FNP (Frederick News Post) building, although no demolition plans were presented for the rear of the existing building. A primary entrance to the hotel would be off Carroll Street with a drive through the hotel space on the first floor to the existing parking lot (i.e., the former FNP parking lot) on East Patrick across from the Post Office. Among the issues of concern are:

Traffic: There has not yet been a traffic analysis as required by the APFO (Adequate Public Facilities Ordinance).
Adherence to FBC (form-based code): Although the project may/may not be in the East Frederick FBC overlay, large street facing parking lots were discouraged. Attendees suggested design of physical screening.
The owner of 226 and 230 East Patrick Street expressed concern about a 5-story building 20 feet from his rear property line. It does not seem as though the HPC can help alleviate his concern.


Ongoing Data Center Concerns
On April 4th, Quantum Loophole contractors violated State and County regulations for illegal discharges from their horizontal drilling operations. Without necessary permits or notification to officials, discharges of drilling clay and the drilling fluid were released into a Monocacy tributary, yielding, in the County’s wording, ‘environmental hazards’. Despite repeated corporation promises for rigorous and continuous oversight, Quantum Loophole has failed again to safeguard the natural landscape and watersheds of the County, raising substantial concern for fulfilling past promises on their role as ‘good neighbors’ during center construction and operations. This continuing casual commitment to protecting local lands and waters seems to reinforce the governor’s and legislature’s recent adoption of weakened environmental protections for this new industry for our area. CRG is amazed that projected annual revenues — insufficient for building even one elementary school — have negatively affected officials’ ability to safeguard what defines a large portion of our County: our lands and waterways.

Upcoming Meetings and Events
County Planning Commission, Winchester Hall, May 8, 9:30 AM: Site plans for a natural burial cemetery and 2 solar facilities (Walkersville, Keymar)

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See the CRG blog at: responsiblegrowthfrederick.com


Contributors: P. Gallagher, S. Jakubczyk, 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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