Frederick City and County News of Interest VOL. 1, NO. 4 | SEPTEMBER, 2022

 VOL. 1, NO. 4  |  SEPTEMBER, 2022

Frederick City and County News of Interest

1. Update on Local Development Projects
2. East Street Redevelopment
3. Downtown Mobility Fee:
   
4. Sugarloaf Mountain Management Plan:
5. Changes to the County APFO:
6. Update from the Street Safety Gang
7. NAC Resolution/Revitalization Proposal and Process for Resident Input
8. Mayhem on Market St Update
9. Residential Compost Pilot
10. Election, Election, Election

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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Update on Local Development Projects
Planning Commission Reviews: On September 12th, the City Planning Commission is focusing on several projects of concern for local residents including Visitation Academy modifications, size and content of development at 1724 N. Market Street, construction of a senior facility in Dearbought, and a project on East South Street. Each of these has implications for future City character and particularly future congestion arising from at least two of these projects. Check the Planning Commission link at https://www.cityoffrederickmd.gov/901/Public-Meetings for an agenda and staff report.

East Street Redevelopment: East Street Redevelopment is moving forward through consultant-resident meetings and charrettes, the latter held from August 13–17, to gather resident perceptions and objectives for the future design of the East Street Corridor. The consultants will compile resident input and derive a conceptual design in a report to be developed over the next month. Continuous resident input on the report and subsequent City discussions are paramount to a future corridor important to all portions of the City community, particularly for traffic congestion that dominates East Street currently. You can access the City's survey and more information here: https://www.cityoffrederickmd.gov/1584/Form-Based-Code.

Downtown Mobility Fee: The City adopted a mobility fee for a large portion of the downtown area. As reported earlier, developing and constructing new roads in the already developed downtown area is impossible in most cases. Hence, there is no reason to request that proposed new construction include a fee for a traffic study where road expansion cannot occur. As an alternative, a fee will be assessed for any new construction of residences, offices, retail, or industrial properties with the funds directed to actual transportation needs rather than funding a study. Fee amounts have been established and will begin to be collected in October, 2022. Details can be found at https://www.cityoffrederickmd.gov/DocumentCenter/View/20309/G-22-10-Downtown-Frederick-Mobility-Fee-District?bidId and https://www.cityoffrederickmd.gov/DocumentCenter/View/20312/22-15-Establishing-Downtown-MobilityFees?bidId.
Sugarloaf Mountain Management Plan:  The County Council has continued discussions on a final Sugarloaf Mountain Management Plan with contentious ongoing debate on environmental protection vs. future development options. Although difficult to track content, the Plan will be discussed multiple times at the County Council meetings in September and October. Check this link (https://frederickcountymd.gov/DocumentCenter/View/339790/82322-Sugarloaf-Area-Plan-Timeline-003) to follow progress and provide comment/input.

An interesting development in this first County small area plan project is the involvement of the Livable Frederick Coalition (https://www.livablefrederickcoalition.com), a group of “…landowners, farmers, and businesses…” that has co-opted the ideals of the County’s Livable Frederick Master Plan to press for a greater role of private enterprise in the Master Plan’s vision for the County, including objecting to the Sugarloaf Plan. The coalition’s name implies consistency with the mission and goals of the master plan when, in fact, representatives from several of the coalition’s groups fought adoption of the Plan and its vision for the future County. With at least 8 primary growth areas identified for the County, advocacy from the Livable Frederick Coalition is likely only beginning so CRG input on responsible growth is critical and will need to be continuous over the next several years.

Changes to the County APFO: On September 21st, the County is considering changing the road requirements for new developments in an ordinance to revise traffic mitigation standards that will ease congestion and other future traffic problems. With the huge commitment to new construction in the area, this is an important step for more responsible growth so please provide comment to the Frederick County Planning Commission at PlanningCommission@FrederickCountyMD.gov.

Update from the Street Safety Gang
Throughout the spring and summer, the lead for the Street Safety Gang, Gayle Petersen, has had the opportunity to be in several meetings with the Frederick Police Department (FPD). Earlier in the spring, there was a drive along experience with Officer Golden, followed up by emails and most recently a meeting with Chief Lando and four other officers. The FPD is looking at ways to create a better process for the deployment and collection of traffic data throughout the City. DPW’s Zach Kershner is working on a SOP for traffic calming and sent this last week:
 
“We are in the process of developing striping plans for multiple connector streets between Seventh Street and Rosemont Avenue in the Villa Estates neighborhood which we believe may result in effecting driver behavior and ultimately, provide for traffic calming.  We plan to have this effort complete by early September and will then bring the proposal to the community for discussion and input prior to execution.  Concurrently, we are also in the process of evaluating procurement options to bring a consultant on-board to provide additional evaluation and design of traffic calming improvements throughout the City as we move forward with implementation of the traffic calming CIP.”

The group will keep plugging along! If you have any feedback or would like to help, email Gayle at streetsafetygangfrederickmd@gmail.com.

NAC Resolution/Revitalization Proposal and Process for Resident Input
Alderman Derek Shackleford and the City’s Communication Manager Allen Etzler presented the first summary of the long awaited and oft promised NAC Revitalization effort at the Aug. 22 NAC 11 meeting, sharing results of their review of neighborhood groups in 50 “peer” cities around the country. Describing 5 possible neighborhood engagement configurations, they remarked that all have some positive aspects as well as challenges. Etzler noted the original NAC structure was designed to comport with police districts; the current boundaries might not be the most useful after 20+ years; and fewer NACs (or whatever the final structure becomes) are a viable option.

A lively discussion followed the presentation with questions ranging from “Why change the structure; what’s wrong with the NACs as they are” to “how can we do it.” The consensus among attendees is that whatever the structure, the NACs should elect their own leaders, have a voice in future development and land use (see NOTE at the end of this article), and have aldermanic representation. Currently, alderpersons can be appointed as liaison to a NAC/NACs without the need for a formal resolution. In the future, should the City move to aldermanic districts (a sentiment of many in the room,  Alderman Shackleford, and some City staff) then a NAC/NACs would fall under the purview of the alderperson representing that district. Changing aldermanic representation to districts (with perhaps some at-large seats) would require a charter change. Alderman Shackleford noted that this could be a “solution-oriented process,” i.e., aldermanic representation on the NACs, leading to aldermanic districts, leading to NAC legislation rather than the current NACs established by resolution.

Attendees were asked to complete a brief survey (https://bit.ly/3TrKBIN). Shackleford and Etzler will meet with other NACs to present their research to date and engage residents in similar discussions and will conduct other community outreach during the upcoming weeks. While short on specifics, the good news is that at least this is a start — and the goal, according to Etzler, is to offer a complete proposal by the end of September.

(NOTE: The issue of in-person developer/NAC meetings has been discussed, at length, with residents asserting a need to have meaningful early input into development in their neighborhoods. In two efforts, residents have provided text revisions to the City’s Land Management Code (LMC) mandating:

• pre-application review by staff, developer, and residents to ensure that proposed designs are consistent with existing neighborhood character. Input at the review could be from neighborhood residents or an all NAC-appointed group in areas of historically low resident participation; and,
• a subsequent presentation by the developer to the appropriate NAC on the project derived from the pre-application review.

The City is aware of resident concern on the lack of early input yet has not restored the long-term precedent of the developer-NAC meetings which were curtailed during the pandemic when monthly All-NAC planning presentations were substituted. At these meetings, City staff list projects that have been accepted by staff. While public comment is allowed, projects are already well along through ongoing discussions between staff and the developer, rendering public input meaningless. Despite a positive aldermanic vote to restore the in-person developer-NAC meetings early in the year, monthly All-NAC planning presentations continue.)

Mayhem on Market St Update
In the 100 days since the neighbors brought the Exhale concerns forward at the May NAC 11 meeting the following has transpired:

• 2 shootings — one on May 21st and a fatality on the 3rd Street block on July 23rd
• Several after-hours fights and beatings on the 4th Street block in front of Exhale (a Bring Your Own Booze, BYOB, establishment), plus numerous additional weekly arrests
• The addition of Carmen's on 302 N. Market to the after-hours scene. This unregulated, unlicensed establishment has advertised selling alcohol on their website and has been known as a place to purchase drugs, with verified reports of strippers added to the menu in early August. The venue hosts “private” parties that often continue until 4:00 a.m. and spill out into the streets where patrons join with Exhale patrons after that establishment closes. The unchecked partying of this combined group causes a neighborhood disturbance and an unsafe environment which directly contribute to violence.

The Frederick Police Department (FPD) has established an overtime detail in the third and fourth blocks of N. Market and has been transparent in their efforts to reign in the problems, but they can only do so much; for example, making arrests on the street when actions are egregious and have extended over time. However, it is important to note that City officials assert they are working “behind the scenes” to address the situation, with (according to a report at the Aug. 27 NAC 11 meeting) some Code Enforcement citations issued for outdoor activity in the back of the property and some progress towards an administrative search warrant. From the neighbors’ perspective, little appears to have been done to support FPD's efforts and keep our streets safe, nor has there been noticeable action taken on other fronts. For example, at the Aug. 15 All NAC planning meeting, a representative of the 401–405 N. Market Street building owner(s) presented their application to consolidate the three plats. While residents expressed great concern the prospect of Exhale (located at 405 N. Market) expanding its footprint, the staff report was silent on this possibility, the owner’s representative said he did not know what use would be made of the consolidated property, and staff asserted that building use was not in their purview, expressing little regard or empathy for the safety or concerns of the neighborhood.

A Frederick News Post (FNP) reporter attended a standing room only neighborhood meeting with the Mayor and Chief of Police plus several other City officials after the July murder. However, the FNP has not published any follow-up, strongly suggesting that the newspaper does not consider resident safety and neighborhood concerns newsworthy.

We can only hope for the success of the long-term efforts underway to require BYOB establishments to operate under the same rules and regulations as Craft breweries and Distilleries so that no establishment where alcohol is consumed can allow unregulated drinking through all hours of the night, contributing to neighborhood unrest and violence.

Residential Compost Pilot
As our City and County inevitably grow, it's important to do all we can to grow sustainably. Beginning this past June 6, residents in NACs 5 and 11 were invited to participate in the City of Frederick's residential compost pilot project. Removing compostable materials from the waste stream can reduce overall weight transferred to the landfill by about 30 percent, dramatically reducing the production of methane, one of the most potent greenhouse gases that drives our new extreme weather. In addition, the reduction in transportation miles and emission of carbon dioxide from waste carriers will further reduce the carbon footprint associated with waste and recycling efforts.

Residents may sign up for the program using this link: https://www.keycompost.com/residential

If you have questions about signing up, contact Key City Compost at 240.608.0283, info@keycompost.com, or about the program in general, contact Jenny Willoughby at jwilloughby@cityoffrederickmd.gov.


Election, Election, Election
A reminder that this is election season. There is a lot at stake for all of us as County and State residents, not to mention US citizens. The gubernatorial election pits Wes Moore/Aruna Miller against Dan Cox/Gordana Schifanelli; Frederick County’s representative to the US House; and one of Maryland’s US Senators. Closer to home are races for County Executive (Jessica Fitzwater vs. Michael Hough); all council members; County delegates and senators for the Maryland General Assembly; 4 school board vacancies; sheriff; etc. Please, please familiarize yourselves with the candidates and their positions on issues about which you care—especially growth and development, land use, the environment, the education of our youth, safety, and security for all and especially marginalized communities at greatest risk, etc. Candidates have websites where it’s possible to learn more about their positions and candidate forums abound. Writing directly to campaigns can also yield position statements. In all cases, check candidates’ campaign statements to be sure they are consistent with and NOT CONTRARY TO THEIR ESTABLISHED RECORDS!

And then VOTE! Local and State races are as important as federal elections—if not more so. The following information is derived from https://www.elections.maryland.gov/:
For the 2022 Gubernatorial General Election (including all the local races):

• You can either vote in person during early voting or on election day or by mail-in ballot.
• Early voting starts on Thursday, October 27, 2022 and goes through Thursday, November 3, 2022. Each early voting center will be open continuously from 7 am to 8 pm each day. Anyone in line at 8 pm will be allowed to vote.
• On election day, Tuesday, November 8, 2022, you must vote at your place. All election day polling places are open continuously from 7 am until 8 pm on. Anyone in line at 8 pm will be allowed to vote.

If you are unable to vote during early voting or on election day, you may vote by absentee ballot. Find out more information about mail-in voting.

Important Note: A recent change in the law requires the State Board of Elections and each local board of elections to refer to absentee ballots as "mail-in ballots" and absentee voting as "mail-in voting." Please note that this change in terminology does NOT change the process of mail-in voting. Refer to https://elections.maryland.gov/voting/index.html for more detailed information.

Contributors:  S. Jakubczyk, G. Petersen, M. Rosensweig, K. Sellner
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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

Frederick City and County News of Interest VOL. 1, NO. 3 | August 2, 2022

VOL. 1, NO. 3  |  AUGUST 2, 2022 Frederick City and County News of Interest The Primaries are Over!  All City Picnic Summary Street Safety Gang  Update on Neighborhood Advisory Council (NAC) Revitalization Update on Downtown Late Night Weekend Disturbances: A July 23 homicide Update on the City’s East Street Redevelopment Effort City Mobility Fee District City Rental Registration Plan Visitation Academy  County APFO Revision County Sugarloaf Treasured Landscape Management Plan & 85-355 Corridor Plan 6-point Plan to Reduce Early Morning Weekend Street Parties and Violence 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 PM, 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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.  _______________ The Primaries are Over!  The primary elections have passed with several surprises of much closer contests in some cases than expected, and we can only hope for brighter times ahead. However, the very bleak turnout suggests much greater participation is needed in November — so get engaged…   All City Picnic Summary The All City Neighborhood Picnic was held July 17 at Kidwiler Park with ~80 participants attending to ideally create community-wide connections and awareness. As the first annual City-wide picnic, both the Citizens for Responsible Growth and The Street Safety Gang were encouraged by conversations and comradery. More to come in the months ahead…   Street Safety Gang The Street Safety Gang's mission is to create safer, slower streets throughout Frederick City neighborhoods. People in years past have tried unsuccessfully to rally neighbors and City officials to do something about speeding on their particular street. When started in spring 2021, we too were looking at only our street, Lee Place. It didn't take long to understand that this was a City-wide issue needing the help and support of residents over the entire urban area. With that in mind, the main goal today is to be able to communicate to a broader audience. Like all successful community activism has proven, it only works when the community is engaged and part of the solution. So today I am asking for your engagement and support. Please join in our efforts to be a solution-based group working to make Frederick City neighborhoods safer by slowing the speed. The big yellow signs around town are a symptom, not a cure! Long term solutions include Street Stripping, Public Street Art, and Personal Behavior! These are the things we’re working towards in 2022. If you'd like to help with the conversation and be part of the solution, please email Gayle Petersen at streetsafetygangfrederickmd@gmail.com. Enjoy the ride!   Update on Neighborhood Advisory Council (NAC) Revitalization As reported in the June 7 newsletter, residents across the 12 NACs continue to pursue re-emergence of NAC influence in City decisions and policies. Board member Derek Shackelford (dshackelford@cityoffrederickmd.gov) promised to deliver a draft policy July 27 now postponed until September; he has requested that anyone interested may contact him directly. Residents have proposed that they be included in the discussions of the new NAC design as it is residents that comprise these advisory groups and hence, participating rather than being dictated to will result in the most effective dialog/communication between City staff and homeowners, tenants, and small businesses of our municipality. Stay tuned!   Update on Downtown Late Night Weekend Disturbances: A July 23 homicide The downtown very early morning street parties common to 4th and 5th street blocks of N. Market have gotten out of hand, with loud crowd noise, shootings, and a murder just one week ago. Police spokespeople state that there is nothing that can be done, yet a 6-point plan (see bottom of page) has been submitted to the Frederick Police Department (FPD), Board of Aldermen (BoA), and mayor with multiple options to curtail these weekend events. Several of these options were discussed on Monday, August 1, at a neighbor/police/City official/business meeting. Residents stressed that the downtown area must be made safe during the early morning hours when rowdy crowds empty into the street and continue their celebrations or alternatively move into a flat above Carmen’s Grocery Store for more consumption and exuberance. Owners of Exhale and the new corner juice bar introduced themselves and clearly stated their intentions of becoming good neighbors and will work with residents and City staff to resolve the expanding early morning street rowdiness. Mayor O’Connor and Chief Lando indicated an enlarged presence in the area for the coming weekends, as well as exploring options for minimizing the post-Exhale partying in the vacant flat above Carmen’s. Without huge resident input in the coming weeks, no change will occur, as we are constantly told that the number of comments is critical to any action by the BoA or mayor. And importantly, the City is run through complaint-driven requests, NOT proactive or reactive responses to obvious City problems — so act with written and oral comment and calls (non-emergency FPD number: 301-600-2102) when unrest is encountered!   Update on the City’s East Street Redevelopment Effort The City has completed a new study that reimagines the East Street Corridor (https://www.cityoffrederickmd.gov/DocumentCenter/View/20208/East-Street-Redesign-Final-Report?bidId=). The study is a high level planning document that includes conceptual design recommendations for 1) reimagining vehicular traffic patterns for both autos and trucks; 2) multi-modal options for pedestrians, bicycle lanes, and transit; and 3) commercial development. This study will be followed by a new iteration of the East Street Corridor Small Area Plan, recommendations for Form-Based Design (informed by all stakeholders in multiple-day charrettes) that will set the template for new commercial and residential development, modify the Capital Improvement Plan for implementing recommendations, conduct a detailed traffic study to determine that the recommended road diet will be viable, and undertake a truck traffic study that will recommend formal truck routes throughout the City and minimize truck traffic on East Street. Identified issues include representation of small businesses and lower income services in future designs. Public participation in a multi-day meeting (charrette) will begin at 7 pm on August 12 at the City Annex, 140 W. Patrick Street with a Saturday morning open meeting to begin mapping stakeholder thoughts on the future East Street design. Participate!!   City Mobility Fee District Officials and staff are considering establishing a mobility fee for parts of the City with the fee replacing required traffic studies for downtown areas where no new roads, ramps, or lanes are possible, thereby not wasting money on a study. Instead, fees would be collected for each building type (residential, commercial, industrial, etc.) and pooled for transportation improvements in the Mobility Fee District, estimated at ~$9.3M (a breakdown of the costs, p. 13:  https://www.cityoffrederickmd.gov/DocumentCenter/View/18343/FrederickMobilityFee_101920_PlanningCommission?bidId=). General mobility fee details are available at the Mobility Fee tab of https://www.cityoffrederickmd.gov/1287/APFO. The Mobility Fee will replace the transportation/traffic portion of a development’s Adequate Public Facilities Ordinance (APFO) fee, but payments for the other components of the APFO, like water, sewer, schools, etc., will still have to be made. The fee will be discussed again in an August 18 City meeting with potential adoption by October 1.   City Rental Registration Plan Alderwoman Donna Kuzemchak is advocating for a rental property registry and inspection program within the City. Its goal is to identify all rental properties for inspection of building condition and options to ensure properties are properly maintained to protect renters from poor housing that threaten individuals’ health, commitment of limited incomes to repairs, and access to heating, cooling, water and sewage discharge to ensure a reasonable quality of life. It will be discussed on August 4 at City Hall, 7 PM, details to follow.   Visitation Academy It appears that resident input and dialog with the Visitation Academy developer have resulted in specific site changes to the proposed Building 2 of the campus to reduce some local concerns re: building height, setback, and access to light. Building 2, fronting E. 2nd Street, will not be set back farther from the campus retaining wall because the height of the fourth floor has been reduced so that it will not exceed the height of the adjacent and across the street historic homes. The fifth floor infrastructure on the roof will be set back so as not to be visible from the street. The key is that the developer, in response to citizens, created a graphic that illustrated the relative scale of the proposed building to its historic neighbors and demonstrated that there will be no blockage of natural light. The historic Visitation Academy building will remain the prominent architecture on the campus. Providing a quantitative process documenting comparable mass and scale of new construction to historic neighbors should become a standard for new construction projects in the Historic District. The developer is commended for this response, indicating that resident input at least to this developer and in contrast to City planning staff, can result in positive responses that protect the existing community character and streetscape of a neighborhood. This process and outcome easily justify proposed CRG Land Management Code text revisions submitted late in 2021 and early 2022 to staff, Planning Commission, and Board of Aldermen establishing pre-application review (staff, developer, residents) of any application for new construction in the City long before any formal City staff recommendations have been made. Ideally, this will be reconsidered now that the City budget has been adopted.   County APFO Revision The proposed legislation on future development requirements for roads, by County Council members McKay and Hagen, was passed on July 5 at the County Council meeting; the next workshop is scheduled for August 23 at Winchester Hall. The goal of the legislation is to reduce likely traffic congestion on local roadways associated with large new developments. These would include funds for new signals and access lanes as well as placing funds in escrow for roadway upgrades as development continues to increase in areas beyond the extent of the new development. This forward-thinking legislation seeks to reduce congestion that is more and more apparent as the County (and City) continues new construction to accommodate the Metropolitan Washington Council of Governments’ projection of 406,000 County inhabitants by 2040. The legislation is highly relevant to City decisions as well as the current City policy is to review each development on a case-by-case basis rather than cumulative impact of more housing and the accompanying vehicular traffic.   County Sugarloaf Treasured Landscape Management Plan & 85-355 Corridor Plan As you may know, the County’s visionary plan for the future is described in Livable Frederick published three years ago. In it, approximately 8 primary growth areas were identified and the first to be vetted with residents, businesses, developers, and other stakeholders was Sugarloaf Mountain. The Sugarloaf Alliance (http://sugarloafalliance.org/) was formed to provide focused input from residents and other interested parties on the area’s future land use so explore the site for more detail of public input into this plan. After approximately 2 years, the County Planning Commission forwarded the plan (https://www.frederickcountymd.gov/Document Center/View/337082/Sugarloaf-Area-Plan-FCPC-Draft-2022-03-10) to the County Council. The public can provide comment at all of the proposed multiple Council Plan workshops planned for August (9, 11, 15, 22). Council amendments to the Plan will be submitted in August-September with public comment ensured on all amendments including for what will be considered in the final Plan. The final Council hearing is scheduled for September 27.   An open house on the Sugarloaf Plan is scheduled for August 18 at the Urbana High School. Public comment is encouraged at the meeting so plan to attend to provide written or oral input. Additionally, the Rt. 85-355 Corridor will be the next priority growth area to be reviewed with a public meeting planned for August 17, 9:30–1 PM at Winchester Hall; stay tuned for a link to register.   Content Contributors: S. Jakubczyk, E. Law, G. Petersen, R. Robey, M. Rosensweig, K. Sellner, S. Trainor

 

 

6-point Plan to Reduce Early Morning Weekend Street Parties and Violence   Action #1 — Immediately introduce an emergency ordinance limiting the hours of operation of BYOB's to mirror those of Craft Breweries and Distilleries. I recommend sighting the recent shootings, gang-related fights, and murder plus the stress they put on the understaffed FPD causing an excessive use of resources. A 90 day "cooling off " period (giving the City time to review potential long-term legislative options) would seem to be in order and by lining up their hours with other heavily regulated tiers of business such as the breweries/distilleries, we wouldn't be signaling anybody out, just leveling the playing field.   Action #2 — Revise parking regulations on the 4th and 5th N. Market Street block from "No Parking 3:00 am–7:00 am" to “No Parking 11:00 pm–7:00 am” on Friday and Saturday nights. This small move would help alleviate one of the biggest issues of patrons congregating after hours and hopefully encourage them to utilize municipal lots which have much less impact on adjoining neighborhoods. Note that the shooter from the July 23 murder car was parked in front of Exhale well after 3:00 am. Also, use of strong enforcement with a tow truck at the ready will send a clear message. Again, if this minor change had been in effect last week, would a life have been saved?   Action #3 — Call for an immediate halt to all "private party" permits on the 3rd N. Market Street block regardless of intent until further notice or for at least the 90 day period. If the Liquor Board won't grant a permit, why is the City? At the very least, limit the hours granted to what we all recognize is a borderline legal event. Note, the party at Carmen’s Corner Store was still going the morning of July 23 when the fatal shooting occurred.    Action #4 — Increase FPD presence - if overtime is needed, then make it happen. The neighbors have seen a reduction in the presence of the FPD after the previous shooting and it is obvious that the problems have returned culminating with the most recent tragedy. Frederick has a $200M budget - overtime 2 nights a week to protect its citizens is at this point a justifiable expense. We would also suggest reviewing overall scheduling so those on duty at night don't have to play "whack-a-mole" rotating from bar-to-bar as problems arise.    Action #5 — Encourage City Legal and Code Enforcement to ramp up efforts to clean up the 3rd N. Market Street block and aggressively enforce existing regulations whether they be basic safety or the recently passed Vacancy provisions. To be blunt, just putting notices on doors of vacant buildings to remove porta-potties or warning against occupancy limits is not enough. We are in a crisis situation here and just can't be in a risk adverse/business-as-usual mode. This strong response/sense of urgency type action can't be stated strongly enough!   Action #6 — Finally, it is important to know that we are engaging with State and County delegations to change BYOB laws long-term and have full confidence in our eventual success. However, that effort will take 10 months or more. We have to do all possible in the meantime to limit the damage done to the City, its reputation, and the quality of life to its tax-paying residents and prevent any more murders! — S. Jakubczyk

 

Frederick City and County News of Interest Vol. 1, No. 2 July 2022

Vol. 1, No. 2 7/06/22
Newsletter from the Citizens for Responsible Growth

1. Time to VOTE!
2. ALL CITY PICNIC!
3. Ft. Detrick Success!
4. Update on Neighborhood Advisory Council (NAC) Revitalization
5. Wayside Apartments, aka Overlook East
6. Update on Downtown Late Night Weekend Disturbances
7. Update on the City’s East Street Redevelopment Effort
8. City Mobility Fee District
9. City Rental Registration Plan
10. Visitation Academy
11. Banner School Property
12. County APFO Revision

Many Frederick residents want to know but cannot find information about or participate in discussions of important local issues. The City and County generally hold meetings from 3-10 PM, 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) or Marge Rosensweig (marjorie803@comcast.net) for consideration of your issue.

Time to VOTE!

The primary elections are upon us, including Federal, state, and County officials. Mail in voting (including via drop-box) has begun and continues through July 14th and in-person voting is July 19th. It’s critical to help determine your future so VOTE!
 

ALL CITY PICNIC!

Everyone is welcome at the All City Neighborhood Picnic, creating community-wide connections one gathering at a time! SUNDAY, JULY 17TH from 12-4PM Kidwiler Park ~ 551 Schley Avenue, Frederick, MD. Bring your own picnic + lawn chairs. A local food truck will also be there. Ice cream and water is on the sponsors, Citizens for Responsible Growth & The Street Safety Gang. For more information contact Gayle Petersen, SSG at streetsafetygangfrederickmd@gmail.com or Steve Jakubczyk, CRG at jakubczyksteven@gmail.com

Ft. Detrick Success!

 For more than a decade, the City has had a road planned through Ft. Detrick’s Area B, an area with multiple burial sites of very toxic materials, from Agent Orange, to PFAS, other volatile carcinogenic compounds, and pathogens. A determined group of residents has fought this construction for years, with a final success just announced in this year’s budget: There will be no road through Area B but, instead, around the toxic dumpsite, thereby minimizing direct exposures of road construction workers and drivers across the site. Huge kudos to this persistent, science-informed group! Just a caution, however, for the future: Many of the toxic compounds continue to move in a plume of material underground with potential exposures to down-gradient homes and the families therein. The group continues to press for City-mandated installation of prevention technologies in all new construction locales surrounding Area B. As well, the City is being pressed to issue a written statement permanently renouncing the Area B option.

Update on Neighborhood Advisory Council (NAC) Revitalization

As reported in the June 7th newsletter, residents across the 12 NACs continue to pursue re- emergence of NAC influence in City decisions and policies. Reportedly, there is a City plan for the NACs in the works, led by Alderman Derek Shackelford, to be delivered by the end of the month. Stay tuned!

Wayside Apartments, aka Overlook East

The City has received an application for construction of 79 apartments in 2 new buildings and renovation of the historic Schley House for 6 additional apartments on E. Patrick Street along Carroll Creek in the Carroll Creek Linear Park. The project is largely accepted except for a July 11th Planning Commission (PC) workshop to discuss the new buildings’ exteriors, e.g., all red brick consistent with the Union Mills warehouse and surrounding residences east and west of the new apartments or a mixture of some brick and substantial upper story white cement panels found in many contemporary apartment buildings, complementing the HPC-mandated color of the adjacent Schley House. If interested in future architecture in the Carroll Creek Linear Park east of the Union Mills warehouse (location of Idiom, Steinhardt’s microbreweries), please submit written comments by July 11th or provide oral input at City Hall on that date. The staff report is available at https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=4153&meta_id=128 600.

Update on Downtown Late Night Weekend Disturbances

Previously, this newsletter reported on a shooting incident in the street and alleys near Exhale, a hookah lounge with a BYOB policy that enables unregulated alcohol consumption. In response, the FPD stepped up patrols in the area during late night/early morning hours. However, another venue, Carmen’s Corner Store, has entered the area’s unregulated alcohol sales/consumption arena. Residents have lodged several complaints about both establishments in recent weeks, culminating in a need for FPD to respond to two separate late night (1:30 am) fights (in the 4th street block) over the July 4th weekend. The only way to stop the unregulated/unlicensed sale and/or use of alcohol products and the  problems caused by this practice is for the residents to get involved: call in the FPD (non- emergency number: 301-600-2102) when you see or hear something regardless of the hour and  help us move legislation forward to regulate these BYOB businesses. Let your City government know that they need to protect their citizens and residents' quality of life. The FPD can only do so much without total community support and maximum effort. Make a call or send an email before something tragic happens—again!

Update on the City’s East Street Redevelopment Effort

As briefly summarized in the June 7th newsletter, City officials, staff, residents, and business owners are now meeting to define what East Street might look like in the future. The design of the future East Street will be drafted through City adoption of form-based zoning for the corridor, a zoning strategy that determines/guides external building designs rather than specific land use (e.g., residential, industrial, retail, parkland, etc.) of a parcel dictated by current City Euclidean zoning. The City has hired a second set of consultants who have provided ‘what is and how to’ form-based zoning presentations to City officials and residents in June. The consultants have multiple years of experience and towns where they have developed form-based zoning and the key point emphasized is that the building ‘forms’ for East Street must be derived from local resident input. To accomplish this, a multi-day charrette (open meeting) will be convened in August where residents and other stakeholders sit at tables with corridor maps and draw out what they envision the future East Street corridor to be. Thereafter, the consultants will compile the options and present these in a report to City officials. The critical next step is implementation of specific form-based zoning that depicts the building, street, and parking designs that will be allowed in the corridor. These designs are the only forms that will be considered for permitting and construction.

The critical concern for residents is our continued participation in defining the form-based code that City staff select. That decision must be a collaborative effort but our history with City Planning and Permitting staff is not of cooperation with residents but rather dictates to us, i.e., ‘this is how it will be’. We will continue to push for a collaborative design decision from all members of the community as the selected form-based zoning will define the corridor’s appearance for the next century.

City Mobility Fee District

Officials and staff are considering establishing a mobility fee for parts of the City with the fee assisting transportation options in specific areas of East Street. Details are available at https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=4492&meta_id=128 462. The fee will replace requirements in the Adequate Public Facilities Ordinance on downtown areas that have little option for expanding roads, etc. Developers will be required to pay a set fee to meet the following Mobility Fee District objectives: 1. Redirect private sector financial resources from “studies” to “projects”; 2. Improve development review predictability; 3. Generate funds for $9 million of identified multimodal project to accommodate growth; 4. Promote desired private sector investment in Downtown; and 5. Enhance public/private partnership approaches to Downtown. It is to be discussed in a June 6 City meeting at 3 PM (Channel 99).

City Rental Registration Plan

Alderwoman Donna Kuzemchak is advocating for a rental property registration and inspection program within the City. Its goal is to identify all rental properties for inspection of building condition and options to ensure properties are properly maintained to protect renters from poorly maintained conditions. It will be discussed on July 7th City, 7 PM meeting (but it’s scheduled late in the meeting so more likely 9 PM) so call or write in please (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=3491&meta_id=12 8573).

Visitation Academy

As everyone is likely aware, the Visitation Academy (VA) is under renovation at an estimated cost of $20M. The campus will include a boutique hotel, restaurant, and luxury condominiums. The redevelopment required agreement by the MD Historical Trust, National Park Service, City staff, the Historic Preservation Commission (HPC), and Planning Commission, with a required  presentation from staff and the developer at a NAC11 meeting prior to the pandemic. At that meeting, the developer assured residents that the Academy’s exterior design would remain largely ‘as is’ and that all new construction that would front E. 2nd, E. Church, and Chapel Alley would complement the design and facade of the restored main building with red brick and white, double 6x6 multi-mullioned windows. Promises made, promises not kept. Under City staff Administrative Authority and encouragement according to the developer, the designs and facades of the proposed buildings on the VA campus are now ‘contemporary’, and no longer resemble the original VA building nor the area’s historic buildings. Building #1, now under construction, has a modern façade of gray fabricated cement panels, non-white double hung and casement window frames, floor-to-ceiling windows on 3rd and 4th floors, steel-supported glass panel balconies, and ground level garages, not reflective of the charm and character of the historic district. Even more disturbing, the modern façade is being used to justify a similar design and facade for a 5-story Building #2, again, dissimilar to the large VA building. None of this complements the surrounding neighborhood residence facades, thereby ignoring the surrounding character of the historic homes on E. Church and E. 2nd Streets. Additionally, local residents on E. 2nd Street are very concerned about local flooding of an adjacent property attached to the VA as well as extreme reductions in natural light from the 5-story building with only minimal setback from the street (once posted, letters detailing these concerns will be available). Although difficult to assess, we are hopeful that there may be some suggested revisions to this design by at least 2 HPC members at the July 14th commission meeting, perhaps resulting in several required changes. Resident input may be needed to voice concerns on the final campus design.

Banner School Property

The HPC voted unanimously to allow construction of a 4.5 story, ɪ-shaped multi-family building on the north side of the open lot in front of the Banner School Buildings. The buildings and front lot had been designated historic after exploring the history of the Odd Fellows Home constructed early in the 20th century. City staff and the HPC members elected to ignore City guidelines that limit massing, scale, and height to those of the adjacent Banner School Building, allowing construction of this massive complex in the coming years. It again appears that development overrides even officially designated historic property preservation, mimicking the recent new construction decisions for the Visitation Academy on E. Church-E. 2nd Street.

County APFO Revision

The proposed legislation on future development requirements for roads, by County Council members Mackay and Hagen, was passed on July 5th at the County Council meeting. The goal of the legislation is to reduce likely traffic congestion on local roadways associated with large new developments. These would include funds for new signals and access lanes as well as placing funds in escrow for roadway upgrades as development continues to increase in areas beyond the extent of the new development. This forward-thinking legislation seeks to reduce congestion that is more and more apparent as the County (and City) continues new construction to accommodate the Metropolitan Washington Council of Governments’ projection of 406,000 County inhabitants by 2040. The Frederick County Building Industry Association objected, citing 1) the County commitment to future development be built near existing roadways so why add  this additional burden when roads are already in place and 2) increased costs that would then have to be passed on to buyers. The legislation is highly relevant to City decisions as well as the current City policy is to review each development on a case-by-case basis rather than cumulative impact of more housing and the accompanying vehicular traffic.

Content Contributors: S. Jakubczyk, G. Petersen, R. Robey, M. Rosenweig, K. Sellner