Thursday, June 13, 2024

Frederick City and County News of Interest VOL. 3, NO. 6 | JUNE 7, 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:
VPO Special Tax Rate Ordinance
County Property Tax Increase for SCHOOLS!
City Charter Review Update
City Westside
City Workshop: More Growth & Affordable Housing
City: Major Development Update
East Street Corridor, Form Based Code, & Community Character
City Planning Commission — Absence Policies
Data Center Developments
Solar Farms
CRG is Looking for Volunteers
Upcoming Meetings & Events

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VPO Special Tax Rate Ordinance
By a majority vote at its May 16th public meeting, the Mayor and BOA imposed and levied taxes on all habitually vacant properties pursuant to Section 8-14 of the City Code. This tax is the "enforcement hammer" of the 100% resident-driven Vacant Property Ordinance approved unanimously by the BOA in December 2020. It is the third step in the 4-step process of addressing the scourge of long-term vacant properties in the City.

Steps 1 and 2 required said properties to first be registered and then during the second year be inspected for safety concerns. Moreover, it is important to note the City will have the option to continue to raise taxes up to 5 times the normal rate or institute step 4, which would take the property into receivership.

CRG would like to thank the NAC 11 volunteers who worked diligently for over 2 years to craft this legislation. If properly pursued by the City, the legislation will provide a disincentive to recalcitrant landlords who have been letting properties sit idle for well over 20 years to the detriment of the residents and businesses alike.

The bottom line? The City can no longer continually push this problem down the road. Residents have provided the City the tools to finally do something about this significant detriment to Frederick. Reluctance to step up would be inexcusable after all the effort residents have put into this process. We have waited long enough!


County Property Tax Increase for SCHOOLS!
The County Council just adopted a 4.7% increase in property taxes to be used solely for school construction. CRG applauds this increase and the County Executive for this bold decision as many schools are currently at or near capacity and, over the next few years, many will be significantly over the state-mandated capacity of 120%.

Additionally, the County’s 2024 surplus of $52 million was earmarked for schools, a major unidentified sum that has severely reduced the funding shortfall for the coming year. Let’s keep school construction, increasing numbers of seats, and funding for education as top priorities for this and future administrations!


City Charter Review Update
CRG held the first public meeting on the proposed Charter Review Committee over a year ago. The Committee, comprised of dedicated and respected local residents, worked diligently for 11 months on a comprehensive and definitive list of recommendations presented to the Board of Aldermen (BOA) on December 1, 2023. The BOA has held biweekly review sessions since mid-February and several updates have been reported by the FNP and in our CRG newsletters.

It is concerning that the best timing residents can expect the BOA to vote on the deeply vetted, well documented recommendations is "sometime in the fall”. CRG urges the Mayor and City staff to prioritize more rapid progress and provide the legislative branch with everything needed to guarantee inclusion of recommended Charter revisions on the agenda for a mid-September hearing, at the latest. The public and the volunteer committee members deserve a prompt resolution. A final point: the seemingly uncertain discussion processes and slow walk to decision-making noted in the Frederick News Post were among the key issues the Charter Review Committee recommendations were designed to address. Let’s move forward!


City Westside
At a May 15th specially scheduled Workshop to allow for more public participation, the City reviewed a presentation by the County on the proposed library for the Westside as part of their feasibility study for the Hillcrest Park site. The County has determined that the site is appropriate including multiple options for a 15,000 sq. ft. facility which features a modern interactive library with particular attention to accessibility, parking, and the surrounding neighborhood.

Having this long overdue and critically needed library in a location within walking distance of those who will utilize its amenities was paramount to all as was protecting the privacy and character of the established community. In that regard, plans focused on adding trees, providing green space, and positioning the building in the least intrusive way possible.

CRG respects the concerns of all involved regarding this change to a park they have long enjoyed. At the same time, we applaud the County for doing their best to mitigate those concerns and provide a first class, modern public library that will provide long and substantial benefits for many local residents. We encourage the City to act quickly and approve the needed land transfer to the County plus the required rezoning to ensure the project moves forward without delay.


City Workshop: More Growth & Affordable Housing
At its May 13th workshop, the Planning Commission discussed multiple developments including:

  • An odd-shaped lot for development (Wormans Mill Court Apts.) of 315 residential units across Rte. 26 from Clemson Corner, all affordable housing. Unfortunately, the developer is seeking rezoning of the property, not permitted under the current Land Management Code. CRG hopes some compromise can be worked out to allow the construction of the badly needed housing.
  • A 112-unit apartment project on Hayward Road. It does not include affordable housing units but would require (under the recently revised Moderately Priced Dwelling Unit [MPDU] ordinance) that the developer pay fees in-lieu (FIL) >$400,000 for the City’s MPDU reserve, a substantial increase for the City’s pool for future affordable housing construction.
  • And third, a discussion of the Final Plat for a 274-unit development off Rocky Springs Road. The developer will need to address MPDUs (34 units) in the future. School capacity concerns were not discussed.
CRG continues to plead for housing for our lower income residents. Please help by providing e-comments, written opinions, or oral presentations for the next PC meeting.

City: Major Development Update
On May 23rd, the City’s Historic Preservation Commission (HPC) received comment concerning 2 projects — the B&O Buildings (near the MARC Train station) and the Odd Fellows campus (Banner School site on N. Market).
  • At the B&O site, the developer seeks to build five 4-story modern townhomes behind the 5 previously renovated historic buildings near Carroll Creek. The design depicts townhouses taller than the historic buildings with 2-bay garages and balconies unlike any other residences in that area. Staff and 3 of the 4 commissioners had reservations on height, design, roof lines, and setbacks (a staggered side-by-side design). The developer’s team seemed uninterested in substantial modifications to their design but will return with other/another design in June.
  • HPC members suggested multiple revisions to the design for the Odd Fellows property at 1730 N. Market and the developer appeared amenable to the suggestions. Brick would be a major component of the new buildings rather than the same white sideboard on the adjacent Canterbury Station units, with 2–4 story single family homes, townhomes, and apartments. Other than reducing the mass and length of the 4-story apartment buildings, the developer had listened to previous comment and had adjusted the site’s plans accordingly. CRG offers ‘kudos’ to the developer, City staff, and the HPC for what appears to be a reasonable design for the >215 units that will be built on the historic property!

East Street Corridor, Form Based Code, & Community Character
CRG members recently met with City Planning staff to discuss a number of issues specific to the East Street Corridor including proposed possible road redesigns for the 4th to 8th Street section of East Street, rails-to-trails for bike and pedestrian use, and status of the revised form based code (FBC) prepared by an outside consultant approximately a year ago. Staff indicated that a third version of the FBC is in draft currently with distribution scheduled in the fall for public comment.

What’s uncertain are: 1) consistency with the 2017 East Street Small Area Plan, 2) the roles of residents in developing a checklist of requirements that a developer must meet to concur with the FBC, and 3) how the FBC will be merged with the City’s Land Management Code (LMC). CRG anticipates considerable continuing dialog with Planning staff to better understand and identify specific resident options for direct participation in the future development of the Corridor.

In a related short discussion, CRG emphasized that Community Character — Chapter 6 of the 2020 Comprehensive Plan, and important to how the City is perceived by residents and visitors — should be codified as part of the City’s LMC, thereby requiring Planning staff to include design for any development relative to how the proposed building(s) will complement the architecture of the surrounding neighborhood. Currently there are no such considerations and hence Planning staff only consider whether a building/buildings meet specific local, state, and federal codes independent of architecture.


City Planning Commission — Absence Policies
As the most important City body guiding future development in Frederick, an active and informed Planning Commission must be maintained and guaranteed through member, alternate, and liaison preparation for and participation in each meeting. In recent months, one of the most active and always-prepared members was not reappointed, a major loss to a functioning and admired Commission.

In addition to this loss has been spotty participation by members, the alternate, and the City liaison from the Board of Aldermen, with tardy arrivals, some attending with no familiarity with scheduled project applications, early and unannounced departures, and votes without justification. With the City’s future design in the hands of this group of individuals, absences or tardiness should be a rare occurrence following notification to the chair, as thorough review of all applications must be assured, and open discussions of all applications, applicants, residents, and staff must involve all members, any alternates, and the liaison. CRG urges a recommitment from all three Commission groups to fulfill these requirements; if not possible, resignation should occur or fellow Commissioners should use Section 2.6 of its Rules and Procedures to remove non-active members or alternates while requesting full meeting participation by the City liaison.


Data Center Developments
Quantum Loophole (QL), the owners of the 2100-acre data center campus near Adamstown, continues to violate local and state regulations regarding contamination of local waterways and its floodplains, with STOP WORK orders placed on the company once again. These violations are difficult to understand as QL has repeatedly promised increasing oversight of its contractors conducting the horizontal drilling to bring fiber cable from Northern Virginia to the Eastalco site.

In other news, the Rowan Corporation has purchased 150 acres of the site for 3 data center buildings it will construct and then lease/sell to data center corporations. Rowan staff provided company feedback to interested attendees at a public open house on May 23rd in Adamstown. Staff expressed their commitment to environmentally-responsible construction and operations. As well, the initial QL client, Aligned Corporation, has just indicated they will return to their previously purchased portion of the site to resume center construction, a decision made possible by Governor Moore’s removal of state restrictions on backup diesel generator use (168 diesel generators) for the company’s campus.

In addition to anticipated noise and
CO2 generation from these backup units, residents and organizations are also concerned about identifying the source of continuous power for the centers; water demand and treatment for cooling data center equipment; quantities and quality of stormwater runoff from the huge areas of impervious surface; requirements and funding for remediation of spillage of toxic center materials (e.g., diesel fuel, non-aqueous coolant); corporation responsibilities for County water treatment upgrades and repairing damage to adjacent properties from center-induced flooding from extreme events; and construction of water coolant recycling infrastructure from the site to the Ballenger-McKinney treatment plant. A huge worry is access to power for existing and future residents, businesses, and industries as regional power companies have stated that currently and for several years into the future there is neither enough power nor transmission lines to meet projected demand. Then what? Who gets it, who pays for it, and how is it allocated?

Solar Farms
One May 21st, Councilwoman M.C. Keegan-Ayer led a first reading of solar design criteria for Agricultural Land. A long-anticipated policy has now moved forward and CRG strongly supports resident and industry examination of the proposed legislation as increasing local solar installations enables increased renewable energy production, while simultaneously maintaining agricultural production (e.g., sheep can graze beneath raised solar panels). Solar power is mandatory if we are to reduce emission of greenhouse gases that drive the extreme weather events of our area, i.e., those that jeopardize public health, induce major flooding, cause substantial property damage, promote invasive plant and animal proliferations, induce growth of toxin-producing ‘algae’ in local waterways, and reduce agricultural production. That loud thunder you hear in the background is CRG clapping for this initial important step to reduce the drivers of climate change in our area!

CRG is seeking volunteers!
The CRG team is currently putting together a website, built in Wix, and we're looking for volunteers: 1) to help keep the site up to date (once or twice a week), and 2) to take photos of developments or other issues we're following. If you have experience with Wix or you're interested in taking photos occasionally, please use the button, 'REPLY TO EMAIL AUTHORS' at the bottom of this email. Thank you for considering!

Upcoming Meetings & Events
City HPC Meeting, June 10, 6 PM, City Hall: Review of B&O and Odd Fellows developments
Urban Native Plant Garden Tour, Saturday, June 15 in City of Frederick: see Wild Ones website for registration details (https://www.eventbrite.com/e/wild-ones-native-plant-garden-tour-tickets-892135841317)
County PC Meeting, June 18, 7 PM, Winchester Hall: Design Criteria for Commercial Solar

VOL. 3, NO. 6  |  JUNE 7, 2024
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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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