Friday, October 6, 2023

Frederick City and County News of Interest VOL. 2, NO. 10 | OCTOBER 4, 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:

To find more information on the topics discussed in the newsletter, and to learn how to reach out to decision makers on issues to express your thoughts, look for the subheading "WHAT YOU CAN DO" for useful links or suggestions throughout this newsletter.

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

Schools
Moderately Priced Dwelling Units (MPDUs)
Brick Works
City Public Safety
City Charter Review
South Frederick Corridor
Data Centers
Upcoming Events


Schools
There are multiple good news items regarding the City and County FINALLY beginning to address insufficient schools for our children.

First, City Aldermen and County Council members held a joint legislative session on Sept. 13, hopefully opening continuing dialog on funding new school construction. Currently the City allows new development construction (6,400 proposed units currently, Frederick News Post 9/23/23) with no obligation to provide land for schools and/or actual school construction, and only collection of minimal fees as school impact or mitigation fees.

There is no mandated notification procedure by the City to the Frederick County Public School (FCPS) system on proposed new developments, severely limiting FCPS staff from engaging a developer on land or actual school construction. This lack of communication results in large areas with unexpected increases in numbers of students and no schools for their education. Aldermen and Council members agreed that this is a major issue which requires continuing collaboration to resolve in future quarterly meetings.

Second, as detailed in CRG's September newsletter, City Aldermen severely criticized the lack of a City commitment to appropriate previously collected fees from developers for land purchase, school construction, or other practical means to increase schools within the City. This led to the mayor committing to further exploration of this issue in his current term.

Third, County Councilman Steve McKay has proposed a moratorium on residential construction if school capacity is exceeded within the County. He is hopeful that the City will similarly respond revising the City’s current policy (see first paragraph above) of permitted residential development regardless of inadequate school capacity. McKay’s County ordinance remains a work-in-progress with only a partial draft now available for staff review but this is a huge step forward, i.e., recognition that adding new residential units and accompanying children must include adequate educational facilities or the construction should be delayed until the capacity is provided. Fortunately, he has exempted construction of affordable housing and senior facilities from the moratorium.

CRG eagerly awaits outcomes from these initial steps to ensure that responsible growth must include adequate educational opportunities for all new resident families. Residents will need to stand up to support both City and County initiatives for new schools for our rapidly expanding City and County population.


Moderately Priced Dwelling Units (MPDUs)
The current City ordinance (https://www.cityoffrederickmd.gov/documentcenter/view/11957) allows developers to opt out of building MPDUs via payment of a fee per unit not built (fee in-lieu). At this time, the MPDU fund is approximately $6 million and is expected to increase to $16 million in a few years. Following severe criticism from several City Aldermen in a recent legislative session for City inaction on use of these collected funds, the mayor has established a timetable for allocating the collected funds for several social programs (e.g., homeless support, rent assistance) but most important resources for actual construction of affordable/workforce housing. The latter can be ‘gap’ funding to help developers meet expenses between land purchase and permitting and initiation of construction as well as low interest loans and possible public–private partnerships.

In a second initiative, the City is considering adopting the new County MPDU fee in-lieu program (FIL, $2/square foot, its affordability gap calculation, local Annual Median Income adjustment) as an alternative to the minimal FIL program it now employs ($16,000/unit) to increase the revenues from developers who decline to build MPDUs (why not pay $16,000 instead of actually building units that might cost more than $50,000 to build?). These higher fees might entice developers to actually build the units now, to begin to fill the estimated gap of 400 units needed each year.


WHAT YOU CAN DO
Again, CRG strongly supports these steps forward and encourages the community to speak out in favor of providing housing for those working 2–3 jobs, our service staffs, teachers, seniors, firemen, police, and first-time homeowners or renters. Our City should be for everyone, not just those who can afford housing now exceeding $400,000 in base prices. Your voices or written comments are needed!
Contact your City electeds here: https://www.cityoffrederickmd.gov/FormCenter/Ask-a-Question-5-5/Ask-Your-Aldermen-37-37


Brick Works
In a 4 hour 59 minute Planning Commission hearing on Sept. 11, the Greenberg Gibbons (GG) proposed development (1260 residential units, 130,000 square feet of commercial development, senior center, community center) at South and East Street was discussed. Following a 35–40 min planning staff presentation on the project, GG representatives addressed the City’s Planning Commission (PC) on a slightly revised design for the project, with their main driver that a major high-end grocery corporation is interested in construction of a store on the site. GG believes they can easily mitigate the soil contamination at the site (approximately $4M), thereby eliminating resident concerns on future exposures of new residents, seniors, and shoppers. They also proposed that they would meet the City-required parkland and open space by constructing a “passive” (i.e., no playgrounds or ballfields, just walking paths and benches) park in a 7-acre linear lot on the west side of East Street.

GG continues to seek approximately 10–11 modifications to the City’s Land Management Code (LMC) on internal street designs (some public, many private) and setbacks, low interconnectivity with streets likely in future developments in adjacent current industrial lots, absence of building designs along East Street that would complement current multi-use architecture of the historic downtown, and no MPDU or school acreage or construction to be provided. PC members challenged multiple aspects of the GG plans including the apparent GG argument that the high-end grocery warrants acceptance of the Master Plan as influenced by the grocery chain’s demands rather than the character and needs of Frederick residents. During the public comment portion of the hearing, 14 of the 15 public comments spoke on interest in a project but not the proposed design. An additional 14 individuals who had signed up to speak left before the public comment period which occurred 3 hours and 49 minutes into the meeting. Staff, developer, and Commission member comments totaled approximately 77% of the hearing while public comments consumed approximately 23%. Questions have been raised about the purpose of a public hearing if the “public” who were well-represented at the hearing had only a ¼ of the allotted time to be “heard”.

CRG’s representative suggested that the PC members stand firm on requiring that the corporation meet the existing LMC requirements by denying developer-proposed modifications that would allow the proposed elevated residential and commercial construction. Addressing GG representatives directly, CRG asserted that community buy-in of GG development at the site would be viewed much more favorably if this gateway to the City included multi-use residential construction on both sides of East Street, which would, in turn, free up space within the 64 acre parcel for an urban school and parkland, with MPDUs included in the housing mix.


WHAT YOU CAN DO
The next hearing is planned for Oct. 17 at 6 PM
and EVERYONE interested in what will define the future of the City’s East Street Corridor architecture and its schools, parkland/open space, and affordable housing should attend and weigh in! The site should be developed but in line with the City’s valued character and to meet its expanding school and affordable housing needs.


City Public Safety
CRG has written often over the past year about the lack of BYOB regulation that has contributed to the mayhem on Market Street, which resulted in two fatalities and several assaults since July 2022. It is important to note that the most recent closing of Exhale Hookah Bar should go a long way to temporarily lowering the late-night risks to the residents who live in or frequent the Downtown area, especially on weekends.

We take no solace in the unfortunate events that contributed to the closing of this establishment and want to thank all who made considerable efforts to address this issue. State Senator Karen Lewis Young and State Delegate Kris Fair worked diligently to try to advance legislation that could have helped significantly, had it been supported by the City. In addition, the Frederick Police Department took all possible steps to have a positive impact despite having limited tools to sustain a safe environment. 

Yet it is critical to stress the importance of legislative solutions to help prevent this type of mayhem from reoccurring. Our elected City officials can't continue to close their eyes and hope the problem goes away (or doesn't come back)! The saying “an ounce of prevention is worth a pound of cure" is fitting, and we will continue to call on the people whose primary responsibility is the protection of the City’s residents to prioritize fair and effective BYOB regulations and follow through with enforcement. 


City Charter Review
The City Charter Review Committee has begun initial drafting of recommendations for charter revisions that will be submitted to the Board of Aldermen and Mayor in the next month. Several recommendations were voted on and accepted by members with a likely completion of the recommendation language and votes at the next meeting, Oct. 5 at City Hall at 1 PM. The draft report/recommendations will be distributed to City officials and the public for comment and possible revision. As recommendations, all, some, or none of the proposed changes will necessarily be adopted.

WHAT YOU CAN DO
Read and comment on the City Charter Review Committee's recommendations when they're published. Here is the link to the Committee's webpage: https://www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee. Your comments can be emailed to: charterreview@cityoffrederickmd.gov 


South Frederick Corridor
On Sept. 20, County Planning staff made another presentation to the County Planning Commission re: the South Frederick Corridor small area plan. The focus was the proposed gridded street network that would characterize the area, providing transportation connectivity throughout. Unfortunately, the illustrative network would bisect some existing properties. PC members and several legal representatives from a suite of parcels in the corridor discussed ‘flexibility’ in the network to minimize private property impacts. Planning staff indicated portions of some of the network have been and could be redrawn but they could not acquiesce to every request if desired connectivity within the area was jeopardized or the desired future multi-modal transportation and, therefore, overall approach to the corridor would be lost (the Euclidean zoning status quo would be maintained, with no change in future urbanization patterns of a walkable, tree-lined, multi-use urban environment).

Data Centers
In August, the state’s Public Service Commission (PSC) rejected the first data center corporation’s initial plan for use of diesel-powered generators as a backup energy supply for its proposed centers at the Quantum Loophole Eastalco site north of Adamstown. Since then, the PSC has been besieged by multiple elected officials, Chambers of Commerce leaders, and industry representatives to reverse that decision and allow use of the diesel generators and Aligned Data Centers' plans for their site. This pressure ignores the cumulative impact of this type of generator across the entire 2,100 acres of the Eastalco site: if the PSC reverses its position, it sets a precedent for similar decisions on all future applications thereby circumventing the state’s own commitment to reducing greenhouse gas emissions — hypocrisy in the extreme. Justification for the reversal by the multiple challengers focuses on the potential revenue loss that is to be garnered from the data centers in the coming decades if we make corporations reconsider center construction and operations in the County, hardly likely with the purchase of land in the area approximating $1 million per acre.

The revenue claim referenced by the Aligned supporters should be addressed by the County Executive, providing a detailed breakdown of revenues to be collected and her plans for use of those funds through time. Certainly, school construction is a high priority (see above) but is that the primary use of data center revenues?

CRG and several other organizations (Sugarloaf Alliance, Fellowship of Scientists and Engineers, Envision Frederick County, Clean Water Action) strongly oppose any PSC reversal and are encouraging local officials to provide similar support for the PSC in its new deliberations in Aligned’s request for a rehearing.

 

Upcoming Events
City Charter Review Committee Meeting, Oct. 5, 1 PM, City Hall.
County Planning Commission Meeting, Oct. 11, Winchester Hall, 9:30 AM: Sugarloaf, South Frederick Corridor, Child Care Zoning, and 4 Development Review plans. 
City Planning Commission Hearing, Oct. 17, 6 PM, City Hall: Brick Works.

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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.

Tuesday, October 3, 2023

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!


Tuesday, September 5, 2023

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. 5th 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)

__________________

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.

Monday, August 7, 2023

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.
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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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