Express Your Opinion on Legislative Priorities - Deadline October 16

 Express your opinion.

The City of Frederick has posted a survey on legislative priorities.

The deadline to fill it out is October 16.

The City of Frederick is determining priorities for the January Maryland General Assembly session. Take a quick online survey, open until October 16th. Visit https://communityfeedback.opengov.com/portals/frederickmd/Issue_13300 The City of Frederick will hold a virtual meeting on legislative priorities Oct. 4 at 7 pm, which can be accessed at tinyurl.com/citylegislativepriorities. Residents can also submit an e-comment on the agenda for the Oct. 18 meeting of the mayor and aldermen, when the agenda is posted on the city’s website. Weigh in. The City wants to hear from you!

Frederick City and County News of Interest VOL. 2, NO. 9 | SEPTEMBER 5, 2023

Frederick City and County News of Interest

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.
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To our readers:

Last issue, we added a new feature to help readers find more information on the topics discussed in the newsletter, and learn how to reach out to decision makers on issues to express their thoughts. Look for the subheading "WHAT YOU CAN DO" for useful links or suggestions.

The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:
Brick Works Update
City Fees-in lieu
County Schools/City Schools
Data Centers
City Planning Commission & Westridge Development
City ‘Brownfield’ Issues
City Ad Hoc Communication and NAC Engagement Committee
City Charter Review Committee
7th Street Fountain
Form-Based Code (FBC) Update
Downtown Hotel
Public Input via City and County Meetings
Upcoming Events

Brick Works Update
The long-awaited City Planning Commission (PC) public hearing on the Brick Works Master Plan was postponed when time ran short to complete the packed agenda before an 11 PM deadline for beginning a new topic. Although nobody in the hearing room was pleased by the delay, all recognized that this issue requires more than a cursory review. The new hearing date is September 11th at 6 PM at City Hall, and the Brick Works project is the main agenda item.

WHAT YOU CAN DO
We strongly encourage residents and other interested parties to attend the Planning Commission meeting September 11th at 6 PM at City Hall and, if possible, provide public in-person or web-based comments. For the latter, send your comments to Gabrielle Collard (gcollard@cityoffrederick.md.gov) and request they be sent on to the PC members.

City Fees-in lieu
On August 2nd, a City workshop was held to discuss the multiple fee-in lieu (FIL) options the City offers to developers. These fees are paid when a developer chooses NOT to meet the required commitments to schools, parkland, moderately priced dwelling unit (MPDU) construction, and forest conservation. Alderman MacShane criticized the City’s executive for collecting the funds but not allocating them within the documented manner required when the ordinances were established. The most egregious example is the MPDU fund approximating $5M with projected new FILs raising that to $15.5M within a few years. No MPDUs have been built with any of the collected funds since the inception of the program to meet the affordable housing needs of the City.

In this regard, CRG and others are encouraging the City to adopt the new County requirements, which substantially raises the FIL amount, as well as potentially providing ‘gap’ funding (funds needed between property purchase and actual initiation of construction) to aid and encourage current and future MPDU projects. There is some hope for progress as the mayor just announced a new commitment to increase MPDU construction and use collected FIL funds for some gap funding. This is a fantastic opportunity to provide routine affordable/workforce construction for a portion of the estimated 400 MPDUs that are needed to be built annually for our residents working 2–3 jobs, seniors, service staffs, teachers, firefighters, police officers and first-time homeowners.

WHAT YOU CAN DO
Write to Mayor Michael O'Connor and the City Alderpersons to ask the City to use the FIL funds collected already, and to consider adopting similar or the same requirements that the County has adopted for FIL payments.

County Schools/City Schools
The County Planning Commission agreed to the FCPS request for a new Valley Elementary School and Green Valley Elementary School. Although many new schools are needed across the County, these two were accepted and can now move forward. The downside is that the schools are being built for the current number of students and not for future enrollment, which is, in our opinion, very short-sighted. 

For the City of Frederick, in desperate need for new schools, there are none currently being constructed despite the obvious and substantial development happening throughout the City. There are 2 elementary schools on the County’s projected wish list but neither are funded nor have a place to be built. In fact, as providing land for future schools is not required of any past, present, or future development project in the City, even if the County called the City tomorrow and offered to build a school immediately, the answer from this administration would be “thanks, but we do not have a site to put it in.”

This results in the expanded use of portable classrooms and increases in class size, both to the detriment of the quality of education for our children. There is some positive development as the City and County have just agreed to expand communications on City school construction and use of City FILs and Impact Fees for possible future construction. Bottom line, however, is that the LMC needs to be revised as soon as possible so no future housing project could be approved by the City without the developer providing either land or critical funding towards the construction of a school.

Data Centers
In a stunning decision, MD’s Public Service Commission (PSC) rejected Aligned Data Center’s choice of Emergency Power. Align is the first data center corporation on the Quantum Loophole (QL) Eastalco center campus and as the initial corporation building a data center, sets precedents for future data center construction and operations at the 2100-acre site. The Aligned Data Centers application was seeking an exemption from the Certificate of Public Convenience and Necessity (CPCN) process to construct 168 diesel generators for 504 MW of center backup power. As a must-run facility, Aligned Data Centers cannot proceed without emergency backup generation and diesel generators were the standard, high emission solution. The decision puts other corporations on notice that high emission, noisy diesel generators are not acceptable, at least at this point, and are not in accord with MD’s environmental regulations and goals. 

The PSC directed Aligned to the CPCN process if it wants to continue applying to install its 168 generators. The CPCN process includes a mandatory public hearing and would take nine to 12 months to complete, altering Aligned's schedules substantially. The PSC decision, however, has just been challenged by Align, with the corporation seeking a rehearing with technical details on likely emissions as well as plans to minimize the emissions, small as they may be, by purchasing Renewable Energy Certificates (RECs) that ensure energy from renewable sources. Letters supporting their plans were submitted from the governor, state and city departments of commerce, multiple trade unions, several tech companies and organizations, four state delegates from District 4, and a PHX Math and Science program leader. Most of the supporting letters focused on the revenue to be gained from data center operations, ignoring PSC’s obligation to examine environmental impacts of a proposed project.

Alternatives to diesel generators are gas turbine generators, which will require a gas pipeline, a utility scale battery, fuel cells, and biofuels for diesels. Potomac Edison may not legally supply any of these alternatives due to MD law that a utility may transmit power, or it may generate power, but not both.  So alternative emergency generation would have to be owned and operated by Aligned, QL, or a third party. This is a huge development resulting in a recent Datacenter Dynamics industry news article under the title, Maryland puts a knife into data center diesels (https://www.datacenterdynamics.com/en/opinions/maryland-puts-a-knife-into-data-center-diesels/).

In another development, the County’s Data Center Work Group (DCWG) held a public meeting at Adamstown’s Carroll Manor Elementary School on August 30. Four groups presented extended comments on technical details for the DCWG members to consider as they decide on revisions to the current general Critical Data Infrastructure (CDI) ordinance (https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup). After the lengthy presentations from these groups, DCWG members posed questions to the speakers, followed later by extensive public comment, mostly from Adamstown residents as well as members of the International Brotherhood of Electrical workers (reminding attendees of the continuous work their members do during construction and operations). Everyone present supported construction of the data centers (County and state ‘done deals’) but strongly encouraged the DCWG to establish rigorous and enforceable construction and operation requirements. Focus areas included water use and stormwater concerns, hazardous chemicals and cleanup, electricity demand and impacts on other users during power failures, data center sprawl beyond the Eastalco site, and the extreme noise likely from 500–1000 diesel generators that centers might employ during power interruptions. Multiple requests were made to require escrow, bonds, or other financial options for corporation protection of neighbors, floodplain, creeks, soils, and groundwaters. In the next meetings, DCWG members will seek outside independent experts for additional technical details/clarification and CRG and many others are hopeful that members will receive a detailed summary of tax breaks given to the center corporations, revenues to be collected from corporations, and how those revenues will be used for County activities.

WHAT YOU CAN DO
Attend or watch the Data Center Work Group meetings and offer your thoughts to the Work Group on data center development. https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup

City Planning Commission & Westridge Development
On August 14th, the City Planning Commission voted to allow the multi-family construction at the Westridge property on the Golden Mile. Several neighborhood residents objected to the multi-family building(s) and lack of parkland, the latter addressed with a condition to allocate parkland FIL funds to upgrade the neighborhood park. However, considering the City commitment to shifting the use of the dying mall property to housing in its 2020 Comprehensive Plan, the planned construction will hopefully meet some of the City’s huge housing needs, as well as revitalizing that portion of the Golden Mile.

City ‘Brownfield’ Issues
The proposed development at the Brick Works site at East and South Street has led to substantial resident concerns regarding new residential construction on City sites contaminated with compounds that threaten public health and safety. The Brick Works site is contaminated with 6 materials exceeding Maryland Department of the Environment (MDE) residential and federal cleanup standards, warranting substantial mitigation prior to any development. The City has washed its hands of this issue and claims that concern for contamination and the protection of the health and safety of its residents is not their part of their job description, falling back on the absence of specific language in the Land Management Code (LMC) on environmental pollutants. This is despite language in the LMC directing the Planning Department and City to protect public health and safety. In an on-going investigation, CRG has identified additional ‘brownfield’ conditions in the site adjacent to the Delaplaine and East Street, the parking lot adjacent to the City tourist bureau, and along Carroll Creek where the Wayside Apartments will be built. 

CRG suggests City Land Management Code revision
To minimize future threats to residents and on-site workers from toxic soils and waters, CRG has provided City Alderpersons a revision to the LMC (Sec. 722) that would require an initial survey of historical land uses on a site, and if:  

1) manufacturing, industry, or waste disposal were located therein, the developer would be required to monitor the site for toxic contaminants in the soils and surface and groundwaters; and
2) if concentrations of various materials exceeded MDE or federal standards, the developer would have to mitigate the site to either remove or reduce contaminant concentrations to levels that cannot induce illness or cause long-term health issues for future users of the lands or buildings.

EPA grant monies unused?
Another concern is the absence of any progress on a $300,000 grant received in October 2021 from EPA to identify, assess, and develop mitigation strategies for City ‘brownfields’. Had the City initiated the grant on receipt of federal funds, perhaps the soil contaminant issue at Brick Works and the other City sites would have been avoided.

City Ad Hoc Communication and NAC Engagement Committee
The Committee has completed its 5–month deliberations and is drafting a final resolution for the Board of Aldermen (BoA) and Mayor for review and adoption. Major components include: maintaining the current 10–12 NACs; establishing a NAC Liaison Group from the NACs for, at a minimum, direct 2-way communication with the BoA and Mayor on resident/neighborhood issues each quarter; including NAC representatives in City development considerations (the City’s Development Review Conference) prior to any permits being issued; and requiring presentations from a developer and City staff to an affected NAC for proposed development within that NAC prior to any City permits are awarded.

WHAT YOU CAN DO
A presentation from the Committee is scheduled for September 6th at 1 PM at City Hall and residents interested in greater roles in City governance and growth are encouraged to attend, as well as volunteer to serve as NAC coordinators.

City Charter Review Committee
The Committee is developing its final recommendations for consideration by the Board of Aldermen (BoA) and Mayor in late September. Substantial suggested revisions to City government are expected for structure (distinct and empowered legislative branch with operation and legal staff), districts, voter and candidate eligibility, election timing, and election processes in primaries and the general election.

WHAT YOU CAN DO
The recommendations could dramatically change our charter form of government, so resident input is critical as the Committee’s recommendations are discussed in workshops and hearings this fall.

7th Street Fountain
CRG congratulates the Downtown Frederick Partnership (DFP) and African American History, Heritage, and Culture Society (AARCH) for their decisions on renovations to the park surrounding the fountain at 7th and Market Street (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5663&meta_id=147261). A metal sculpture is to be included in the redesign (pp. 17–21, 24, 25), memorializing the African American community members, history, and culture in the Laboring Sons Park on E. 5^th Street. This is a wonderful addition to the gateway to the historic district of the City. Thank you!

Form-Based Code (FBC) Update
According to several reports regarding the implementation of the well-researched and vetted FBC, a decision may have been made to not move the initiative forward. If so, that would negate the investment of substantial City funds to the consultant group, resident participation in the charrettes in the past year, along with the time dedicated by City staff. CRG asks for an official announcement from the City regarding FBC and its future, and not a gradual decrease in actions until the initiative disappears from the planning landscape.

WHAT YOU CAN DO
Ask City leadership to announce what its plans are for implementation of Form-Based Code.

Downtown Hotel
The overdue Downtown Hotel and Conference Center has hit another snag as the developer chosen by the City has requested $23.5M from the City to make project financials work. CRG wonders whether the hotel was accurately conceptualized from the beginning and questions whether additional City tax revenues should be utilized for a private enterprise. Interestingly, one version of the Brick Works Master Plan includes a hotel in one of its 4 land bays which might indicate it as a better location for a first-class hotel and conference center. Regardless, CRG suggests that the City rethink the downtown hotel effort, perhaps with new plans, new proposals, and new bids from new developers who are properly funded to construct a hotel in another location. 

Public Input via City and County Meetings
The leaders of both the City of Frederick and Frederick County assert a commitment to listening to (and hearing from) residents so they can help in guiding development and addressing issues of concern to all. We at CRG agree wholeheartedly that resident input is important and, to the extent possible, we encourage friends and neighbors to be involved in all the opportunities for public comment. At the same time, we are concerned that current scheduling practices and agenda setting are not conducive to garnering the input the City and County say they want and need; and we question whether the “opportunities” for public comment (at least in some instances) are more a “let’s check this box” exercise than an earnest effort to engage residents and gain critical insights that can/should be factored into planning and development considerations.

A few recent examples highlight our concerns:
Conflicting schedules: It is in the best interest of everyone if City and County staff (all or most of whom likely know the “hot” issues in a neighborhood) can plan meetings that do not conflict. 

• On August 14th, the City Planning Commission (PC) held a hearing on the Master Plan/rezoning of Westridge shopping center to accommodate both multi-family buildings and townhouses. 
• At the same time, the County held a meeting regarding placement of a library that west side residents have long wanted. Residents were faced with a dilemma that need not have occurred. 

Agenda-setting: Many public meetings take place in the evening (often starting at the dinner hour and continuing for several hours). We are aware that codes and regulations define the schedule of board and commission (as well as ad hoc) meetings, yet CRG questions whether constructing overly full agendas serves anyone—City staff, commissioners, residents, or applicants. Each agenda item requires (or should require) concentrated attention and ample opportunity for discussion. When agendas are too long, attention can suffer with less optimal results. For example:

• On August 14th, the PC agenda was 10 items long, several requiring extensive (and anticipated) discussion—especially the Westridge rezoning (noted above) and the Master Plan approval for the Brick Works. After 3½ hours had elapsed, a decision was made by the PC chairperson to move the Brick Works discussion to a subsequent hearing, disappointing all attendees (including the developers). CRG appreciates the decision to delay the hearing until September 11th and we are assured that there will be ample time to share all perspectives. On the other hand, we find it disappointing that this over-long agenda was even planned, given the nature of the issues under discussion. 
• On August 21st, the Planning Department held its monthly “Citywide Planning Department Community Outreach meeting.” On the agenda? Nineteen items! https://cityoffrederick.granicus.com/player/clip/5655?view_id=12&meta_id=146994&redirect=true&h=ef41884734f5977a1a2df1cb0430d324. While we understand that summer schedules might have contributed to an increase in agenda items for this meeting, CRG is dismayed that this is characterized as a “Presentation” in the agenda (rather than a discussion with the developers, who are not required to attend these meetings) and by the limited time allocated to each item. We are especially concerned that these City-wide meetings are being held in place of the former NAC/developer meetings which were shelved during the Covid pandemic and were to be reinstated once in-person public meetings were available — a preference of residents and, in fact, the BoA.

Upcoming Events
City Ad Hoc Communication and NAC Engagement Workshop, September 6, 1 PM, City Hall.
City Charter Review Committee meeting, September 7, 1 PM, City Hall.
City Planning Committee Brick Works Hearing, September 11, 6 PM, City Hall.
County Senior Services Advisory Board listening sessions to pass issues on to the County Executive:

• September 12, 6:30 PM, Mt. Pleasant Ruritan Club, 8101 Crum Road, Walkersville
• September 15, 1:30 PM, Emmitsburg Senior Center, 300 S. Seton Avenue, Emmitsburg
• September 22, 1:30 PM, Frederick Sr. Center, 1440 Taney Avenue, Frederick
• September 27, 1:30 PM, Urbana Sr. Center, 9020 Amelung Street, Urbana
• September 28, online (register at virtualseniorcenter@frederickcountymd.gov)

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See the CRG blog at: responsiblegrowthfrederick.com

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

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.

Frederick City and County News of Interest VOL. 2, NO. 8 | AUGUST 1, 2023

Frederick City and County News of Interest

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.
_______________

To our Readers:

With this issue, we're adding a new feature to help readers find more information on the topics discussed in the newsletter, and learn how to reach out to decision makers on issues to express their thoughts. Look for the subheading "WHAT YOU CAN DO" for useful links.

The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:

City Brickworks Project
Odd Fellows Property (1730 N. Market Street)
Madison on N. Market
City Ordinance on Residential Rental Licensing
City Charter Review Committee
West Side Library
Data Centers
Sugarloaf Overlay
Upcoming Events & Meetings
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City Brickworks Project

HEADS UP TO OUR READERS: read about soil toxins and the need for developer and City actions to address development at this site — and all former industrial locations in future projects — in the Frederick News Post Letter to the Editor at www.fredericknewspost.com/opinion/letter_to_editor/city-must-address-environmental-risks-at-brickworks-site/article_93c29f94-0a2a-5773-9ac4-bcd68744ca6e.html

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The developers of the 65-acre property at South and East Streets will be presenting a revised Master Plan to the City Planning Commission (PC) on August 14. They are seeking 8–9 modifications to the Land Management Code (LMC) as well as stating (initially in March) that they would seek enrollment in the state’s Voluntary Clean-up Program (VCP) for the identified soil contaminants at the site. Despite this verbal commitment, how will the PC guarantee that the developer enrolls in the VCP? Will the developer proffer documentary evidence of enrollment? Will the PC ask for such as a condition for Master Plan approval?

CRG will provide comment regarding developer-identified LMC modifications as well as mitigation options/mandates for reducing exposure to the site’s soil toxics. In the longer term, CRG intends to strongly urge the City to revise the LMC to include local requirements for assessing and reducing soil contaminant exposures in all former City industrial sites to avoid future residential development on sites that could pose public health threats.

Other concerns expressed by residents and business owners include the lack of connectivity from the Brickworks site to the downtown core; negative effects on downtown businesses; lack of green space/recreational areas within the Brickwork core (i.e., between Monocacy, East and E. South Streets); no adherence to Form Based Code (FBC) which, when enacted, will govern the look and feel of the East Street corridor; four-sided architecture which will consist (according to the renderings) of street facing windows and wall art, but no doors; absence of moderately priced dwelling units and school acreage or construction; options for addressing high volume stormwater runoff; and a large suburban-looking shopping center with surface parking dominating the premier space (Monocacy and East Street from Monocacy to the East Street circle).

WHAT YOU CAN DO
— For more info about the Brickworks Project click this link and scroll to Item 6: cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&clip_id=5595
— If you have comments about the Brickworks Project, you can contact the Planning Commission through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37

Odd Fellows Property (1730 N. Market Street)
On July 27, a revised development plan for the Odd Fellows (Banner School) property was brought to the Historic Preservation Committee (HPC) for a Level 1 hearing (acceptance/rejection of the proposed development). The design has changed dramatically from previous versions submitted over the past 1–2 years. Contrary to the HPC New Construction Guidelines, the new buildings will be:

• taller than the historical Odd Fellows building,
• flat roofed instead of gabled with dormers as in the Odd Fellows,
• dwarf the mass of the historical buildings, and
• compatible with non-historical new apartments across the street rather than the historical buildings on the site.

CRG members urged the HPC to follow its written guidance rather than permit the requested changes for construction of new contemporary buildings that would mask the treasured Odd Fellows structures. Unfortunately, City staff and the HPC members unanimously ignored the guidelines and accepted the proposed construction. CRG wonders why not just delete the New Construction section of the City’s guidelines if, AGAIN, they are not followed.

The project now moves to the City Planning Commission (PC). Although it is zoned R-16 (16 housing units/acre), the developer is seeking commercial capacities in a Farmers Market on the site as well as some retail on the first floor of the N. Market-facing building. LMC regulations indicate that on-site retail should be solely for residents of the site and specifically excludes farmers markets; whether the PC will ignore those requirements remains to be seen. CRG will post the date and time for that PC hearing to encourage resident input on possible City acceptance of the proposed non-permitted commercial businesses on the site.

WHAT YOU CAN DO
— For more info about the 1730 N. Market Street project, click this link and scroll to Item 4: cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&clip_id=5626
— If you have comments about the 1730 N. Market Street project, you can contact the Planning Commission through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37

Madison on N. Market
Across the street from Odd Fellows is a 60-unit development committed to including Moderately Priced Dwelling Units (MPDUs). The owner and developer are congratulated on their vision and actual construction of these units!

City Ordinance on Residential Rental Licensing/Disclosure upon Sale of Real Property
The Board of Aldermen (BoA) will hold a hearing on revising a City ordinance that addresses responsibilities of persons SELLING or BUYING housing or rental properties. The ordinance places complete responsibility on the BUYER for multiple unrealistic requirements including reviewing the City’s Comprehensive Plan, Land Management Code, all development applications submitted to the City for consideration, and discovering whether the property is in the Historic Preservation or other overlay districts. CRG believes the role should be reversed as a current landowner would be familiar with the rules governing his/her property (e.g., the overlays: historic district, well head, highway noise, Carroll Creek, airport); what aspects of the City’s major documents pertain to the property; and, if a rental property, the management standards required by the City. The City has a development review database that is fluid, changes frequently, and properties disappear in weeks (https://spires.cityoffrederick.com/cof/developmentreview/?projectType=Planning%20Commission%20-%20Commission). Rapid changes to the database make it difficult for a potential BUYER to find relevant data on neighboring development coincident with the timing of finding a property to buy, arranging financing, conducting home inspections, and assimilating content of the mass of paperwork at settlement. Let’s put the onus on the property owner, knowledgeable about their own property, to provide this information and not expect someone unfamiliar with the City’s documents or districts to assume this responsibility — that’s unfair to potential new residents.

Should the BoA adopt the current version of the ordinance, CRG urges the City to develop a web tool that would allow a potential purchaser to insert any address into a database that identifies any overlays, thereby providing any BUYER easy access to specific overlay of the property, enabling subsequent investigation into what the overlay restrictions might mean for use, repair, or exterior renovation of the residence or rental property.

City Charter Review Committee
The Charter Review Committee (the Committee) is about to draft recommendations for review and potential consideration by the BoA and mayor, with a late September delivery date for its recommendations. Main topics include separation of powers between the legislative branch (BoA) and the executive (mayor), responsibilities and resources for each, and district vs. at-large representation.

Presently, Frederick City operates with a “strong-mayor” system, enabling a leader to spearhead much of the legislative process. As Frederick grows, this structure of government may not be well-suited for a larger, more diverse population which makes it difficult for resident-driven equitable legislation to reach our elected officials. Accordingly, the Committee is reviewing possible solutions to establish a legislative body within the City's government to alleviate the burden on the mayor to direct the entire legislative process with dedicated staff to review, write, and present legislation to the Board for a vote.

Other considerations are district representation, a City Manager, term limits, voting for all residents, and election dates and cycles. CRG strongly supports the Committee’s commitment to recommending checks and balances governance in the City.

WHAT YOU CAN DO
View recordings of the Charter Review Committee here: www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee

Form-Based Code
The last FBC workshop to familiarize residents and interested organizations and businesses was held on Monday, July 24, focusing on Parking and Loading as well as Administration of the Code. To date, the workshops have been poorly attended, a concern, because the code, should it be adopted, will govern the future of the East Street Corridor architecture, land use, etc. FBC will possibly be applied to the other 7 small area plans the City has identified.

The County is also potentially applying FBC to the South Corridor area (Rte. 85/355) with several presentations already made to the County’s Planning Commission. If you want input on either corridor, it’s critical to weigh in as soon as the public is invited to help develop the formal code, otherwise we cannot complain later!

WHAT YOU CAN DO
— For more info about the City of Frederick's Form-Based Code proposals, click this link: www.cityoffrederickmd.gov/1584/Form-Based-Code
— If you have comments about the Form-Based Code proposals, you can contact the Planning staff through Gabrielle Collard: gdunn@cityoffrederick.com or contact the Mayor and members of the Board of Aldermen using this form: www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37

West Side Library
The County and City have collaborated to locate a library in Hillcrest Park on the City’s west side, a good step forward for this area of Frederick. Once built, the library will be close to Hillcrest, Butterfly Ridge, and Waverley elementary schools, certainly a plus. Unfortunately, there appears to have been no discussion with local residents at large or those participating in Neighborhood Advisory Council 8 (NAC) on the location in this existing neighborhood park. Was this a missed opportunity for an active open discussion with local residents on the pros and cons of reuse of this existing park?

The collaboration between the County and City is commended but it appears that much more resident input is needed in major decisions between the two governments. CRG looks forward to joint government cooperation that includes substantial resident participation on multiple issues in the future, such as the South Corridor small area plan and development, school construction, joint fiscal support and building of moderately priced housing, and common implementation of climate-responsive policies.

Data Centers
Quantum Loophole (QL), the owner of the 2100-acre Eastalco site near Adamstown for construction and operation of data centers, has failed to meet state-required land use practices as it brings fiber conduit from Northern Virginia to the property and how it treats/discharges water from the site into nearby Tuscarora Creek. Maryland’s Department of the Environment (MDE) is considering fines for failure to address requested environmental fixes, potentially slowing continued data center development of the site.

In one effort to prepare for future data center operations, QL successfully sought exceptions from the County’s Board of Appeals on July 27 for drilling/crossing the floodplains in the southwestern part of the County for the data fibre from Virginia. Approximately 20 residents urged caution and revision of the proposed floodplain damage. With this considerable effort from QL to move forward, the County’s recently formed Data Center Workgroup has substantial work ahead to examine remedies for future center construction and operations that now appear possible through delinquent oversight of the site’s preparations.

WHAT YOU CAN DO
Learn more about the County's Data Centers Workgroup: frederickcountymd.gov/8544/Data-Centers-Workgroup

Sugarloaf Overlay
On July 20, the Frederick County Planning Commission held a public hearing on the Sugarloaf Treasured Landscape Plan Amendment: Sugarloaf Rural Heritage Zoning Overlay District. Sugarloaf Alliance members and several others testified in support of the overlay ordinance, which will provide added protection to the Plan. Sugarloaf will not be part of the August PC meeting, but additional review and future plan adoption is likely for the fall. Stay tuned!

WHAT YOU CAN DO
— View the July 20 PC hearing here: frederick.granicus.com/MediaPlayer.php?view_id=10&clip_id=9443
— Read the background materials on the Sugarloaf overlay ordinance in this PC meeting agenda: https://www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/14505

Upcoming Events and Meetings

Wed. August 2, 2:00 PM, Aldermen and Mayor Workshop, City Hall: Fee-In Lieu Programs-Parkland dedication, School Mitigation, MPDU; Comprehensive Plan/Planning/Discussion

Tues. August 8, 4:30 PM, Ad hoc Communication and NAC Engagement Committee, City Hall: nearing end of the deliberations and drafting of recommendations to the BoA and mayor for revitalizing City Neighborhood Advisory Councils

Mon. August 14, 6:00 PM, City Planning Commission Hearing, City Hall: Brickworks development to be discussed and potentially voted on.

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See the CRG blog at: responsiblegrowthfrederick.com

Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner

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. 2, NO. 7 | JULY 10, 2023

 VOL. 2, NO. 7  |  JULY 10, 2023

Frederick City and County News of Interest

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.

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To our Readers:
The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below.
City Brickworks Project
City Form-Based Code
Charter Review Update
Data Centers
City Rental Management Ordinance
South Frederick Corridors Plan (the 85/355 area)
Upcoming Events & Meetings
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City Brickworks Project
Greenberg Gibbons presented their Master Plan for the Brickworks project on June 20 to the City’s Planning Commission (PC). This plan provides the vision and major elements of a 1,260 residential unit and 130,000 sf commercial/retail development (the latter characterized by the developer as a “town center”) bordered by East/East South Sts. and Monocacy Blvd. Following the 30+ minute presentation, the PC members and Board of Aldermen liaison in attendance posed numerous pointed questions, focusing on key issues such as proposed approval and construction before the City’s form-based code can be adopted, public health issues with soil contaminants from the site’s 150-year industrial history, lack of connectivity with the current downtown grid system, school locations on-site, lack of commitment to build MPDUs, and designs for the residences at the corner of South and East Streets. City planners did not express strong concern about major issues raised and indicated that the PC has no legal basis for objections to the public health concerns, a position rebutted by community members who cited Section 202 of the Land Management Code which indicates the PC can make assessments that safeguard public health and safety (see below highlights of Section 202 (b): the role of the PC):

Role. In accordance with the provisions of this article, …this planning and zoning authority may be used to promote the health, safety, morals, order, convenience, prosperity, and general welfare of the city; to provide good civic design and arrangement;to promote the wise and efficient expenditure of public funds; to make adequate provisions for traffic; to secure safety from fire, panic, and other dangers…”

To a substantial extent, community members’ public comments mirrored the concerns of PC members, with emphasis on the environmental issues, lack of connectivity with downtown, extensive space devoted to a suburban-like shopping center with surface parking, and lack of plans to include MPDUs in the housing mix. Additionally, several commenters mentioned minimal green space in the project with a linear park on the west side of East Street which would be accessed by crossing the 4 lane East Street.  

Post-meeting discussions between workshop attendees and the developer were somewhat positive with the developer verbally committing to MDE-compliant contaminant remediation prior to any construction. Much remains to be discussed at the first hearing including whether the developer enrolls in the state’s Voluntary Clean-up Program and adopting and implementing a site-specific remediation plan.

City Form-Based Code
Training sessions for the proposed City form-based code continue, with the second session held on Monday, June 26 that covered architectural standards for future buildings on East Street and potentially other City (and County) areas designated as small area plan locales (https://cityoffrederick.granicus.com/player/clip/5602?view_id=12&redirect=true&h=247469ba4f5d08ebc121296bd60b8fb5). Substantial detail was provided, giving a comprehensive overview of building designs (from siding, window recesses, roof slope, etc.) that could be incorporated into the Corridor’s future appearance.
 
Charter Review Update 
With the Frederick City’s Charter Review Committee (Committee) report anticipated in the Fall, it is important to better understand the scope of potential recommendations by the Committee to the Mayor and BoA. In that regard, and although whatever is recommended needs to be considered in its entirety, how the City might reset its basic governing structure is perhaps the most significant. These recommendations will likely focus on Districting, Term Limits, Timing of Elections, and Non-citizen Resident Voting:

• Districting: The first option appears to be to divide the City into 5 distinct voting districts, each with its own Alderperson and increase the BoA from 5 to 7 members with the addition of two at-large representatives covering the City as a whole (much like the current County Council). Proponents assert this will allow for more balanced representation along with a clear avenue for better accountability to individuals and underserved segments of the City. Open questions remain as to where to draw the boundaries and how within-district voting is accomplished.
• Term Limits: Currently the County limits the Chief Executive to 2 terms and the Council members to 3 terms. Committee members are discussing a similar option for the City’s Mayoral and Aldermanic offices.
• Timing of Elections: City voters have voted—with less than stellar voter turnout results—in three of the past 4 years (2020 presidential election; 2021 Mayor and Board election; 2022 County Council/MD Governor and House of Delegates/Senate; US House and Senate elections). A different approach, under discussion by the Committee, is to combine the Mayoral/Aldermanic election with the presidential election. Hopefully, such a schedule will encourage greater voter participation and reduce voter burnout.
• Non-Citizen Resident Voting: The Committee is discussing an opportunity for non-citizen residents to vote in local elections. A documented one-year City residency would be required for individuals who live in and pay taxes to the City so they have a voice in electing their local officials.  

None of the above stands alone and each will require ample public discussion and review with particular emphasis on timing and execution. 

Data Centers
Some very good news: County Executive Jessica Fitzwater has formed a workgroup to identify potential revisions for the County’s initial Critical Data Infrastructure ordinance. In addition, she has initiated a 9-month moratorium on data center zoning decisions — extremely important, considering that:

• there have been substantial environmental violations and MDE stop-work orders for drilling of the fiber conduit to the Eastalco data center property as well as more than a month’s discharges of contaminated water into Tuscarora Creek from dewatering activities at the site, exceeding 70,000 gallons/day; and,
• one data center corporation (Align) has already submitted and received PC approval for one data center on its Eastalco property, with possibly three more to follow.

Thus, it is critical that more protective regulations are in place on data center power demand and on-site generation, water use and treatment, noise, stormwater, neighboring property protections, hazard clean-up, and future site restoration. CRG and its allies continue discussions with County Council members, the County Executive, staff, and Congressman David Trone’s staff on needed regulations for construction and operations of future centers.

City Rental Management Ordinance
On June 15, the City’s Board of Aldermen adopted an ordinance that mandates landlord maintenance of rental properties that ensures safe conditions in a property, adequate heating and cooling, and other City-established maintenance standards (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5593&meta_id=144434). The current complaint-driven enforcement program is insufficient and systemically puts undue burden of property management on the tenant, rather than the landlord. It goes into effect in January 2024 and requires property owners to pay $120 every two years, covering randomized inspections of 15% of rental properties in the City. This is a very positive step forward to ensure basic operating facilities for our rental community. CRG is pleased to see more protections for renters as repair costs of rental properties increase. 

South Frederick Corridors Plan (the 85/355 area)
County planning staff presented the South Frederick Corridors Plan to the County Planning Commission on June 29 (for a summary, https://www.frederickcountymd.gov/8141/South-Frederick-Corridors-Plan). The County expects to employ form-based code for the development of this area with three sub-areas shifting from urban, less urban, to light industrial/residential moving away from 270 and 70 towards Buckeystown. The plan includes a possible road grid and a focus of residential development near the MARC station. Most public comments were pleas from legal representatives of property owners to ensure flexibility of future use/zoning of these parcels and the road network. County Planning Commission members voiced concerns over landowner resistance to school construction on privately held properties with the owners’ counter position that the County could always pay market rates to purchase these properties. It appears that the Planning Commission has sent a letter to the County Executive on the County’s need to address school construction as a priority in the very near future; unfortunately the specific request from the Planning Commission (perhaps more County requirements for school capacity in future development proposals) remains unknown at this time.

Upcoming Events & Meetings

City Form-based Code, Building Form Standards, Rules for Building Form and Functions in 3 Dimensions and Allowed Uses and Vertical Zoning. July 11, 7 PM, City Hall. Ad Hoc Neighborhood Engagement & NAC Committee, July 11, 4:30 PM South Frederick Corridors Plan, Planning Commission hearing, July 12, 9:30 AM, Winchester Hall. Sugarloaf Treasured Landscape Management Plan amendment, Planning Commission, July 20, 6:30 PM, Winchester Hall. City Form-based code, Parking and Loading and Administration, the Process. July 24, 7 PM, City Hall City Charter Review Committee, July 20, 1 PM, City Hall.  __________________

 See the CRG blog at: responsiblegrowthfrederick.com

Contributors: M. Currier, S. Jakubczyk, M. Rosensweig, K. Sellner

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.

Check out our Facebook page!