Frederick City and County News of Interest
CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.
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To our Readers:
The newsletter is organized as follows:
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Moderately Priced Dwelling Unit (MPDU) Fee in-lieu (FIL): OUR OPINION
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Development in the City and County
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Charter Review
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Public Safety/Creating a Safe Environment
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City Plastic Bag Ordinance
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VPRO Update
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Upcoming Events/Meetings
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Moderately Priced Dwelling Unit (MPDU) Fee in-lieu (FIL)
OUR OPINION
The Moderately Priced Dwelling Unit (MPDU) program was established in 2008 (City Ordinance Sec. 19-6.,https://library.municode.com/md/Frederick/codes/code_of_ordiances).
A MPDU is “a dwelling unit that is constructed, sold or rented under a
government program that controls the rental or sale in order to provide
affordable housing for families of low or moderate income.” City
residential development projects comprised of more than 25 units are
required to develop and construct 12.5% of those dwelling units as
MPDUs.
The housing market changed in 2013, and a substantial number of
foreclosed units considered affordable to first-time homebuyers and
others seeking moderately-priced housing became available. A 2013
amendment to the original MPDU program allowed Frederick City developers
the option of paying a fee in-lieu (FIL) set amount of $16,100 per unit
rather than building an MPDU, diminishing the original intent of a
program of providing lower priced housing (Sec. 19-6.1). Developers
could choose to build MPDUs, take the FIL option, or do a combination of
both. The current housing market has changed and the rationale behind
the FIL option no longer applies.
The Housing and Human Service’s City Housing Fund holds the payments
from the operation of the MPDU FIL program. Funds collected may be
allocated by the Board of Aldermen for many social services including:
purchasing, reselling, or rental of MPDUs; addressing housing needs of
lower-income individuals who do not qualify for the MPDU program;
addressing affordable housing needs of special populations; providing
grants for modification of MPDUs; granting emergency loans to MPDU
buyers to prevent defaults; or addressing the health and life safety
hazards in owner-occupied housing.
Since 2008, eight developers have chosen to build MPDUs. Four other
developers are going through the required process and the number of
MPDUs being currently built is not yet available. To date only 559
affordable units have been built, an average of 37 units per year when
estimates of needed affordable housing exceeds 400 annually.
From 2013 to the present, 22 developers have chosen the FIL option. Of
the 7,457 units being built, 935 units are designated as FILs. Fees
totaling $15,053,500 are projected to be paid. To date $5,079,460 has
been collected, $365,329 has been disbursed. The Mayor’s FY 2024 working
budget shows a proposed expenditure of $475,000. None of the collected
funds have been, or will be, spent on building MPDUs.
As stated in the April CRG newsletter, there
should be no alternative option to building the required number of
MPDUs. The social services to which the collected funds have been
dedicated are critical components of the City’s array of individuals in
need and should be funded by the City but not with FIL payments. The
MPDU program must return to its original intent of creating
price-appropriate affordable housing. FIL payments should provide homes
and living units for a sizable portion of our residential community,
like servers, repairmen/women, young and older low-income individuals,
grocery store clerks, etc. We are a City of remarkable diversity across
all incomes, yet we continue to build for the upper middle class and
wealthier individuals and families. Can City funds be prioritized for
ALL residents? Officials, let’s step up and walk the walk!
Development in the City and County
Huge Increase in new Development:
A report on development at a recent City hearing confirmed what
residents see every day walking and driving around town. Record numbers
of building permits are being issued. It is critical that additional
staff are brought in to oversee the dramatic increase. Frederick now is
averaging 50% of the new development in the County vs. its traditional
average of 35%. Besides the strain on staff, the pressure on City
infrastructure (roads, traffic, storm water management, schools)
continues to build with particular concern re. inadequate school
capacity (see below) in the future due to ad hoc identification of new
developments to the FCPS for school construction planning. Finding ways
to mitigate the short- and long-term burden of this growth to our
residents’ families and their students is a key tenet of CRG, and your
input is critical.
Linganore Development: The proposed Gordon Mills
development has been passed by the County Planning Commission, with PC
members legally unable to alter the Developer Rights and
Responsibilities Act (DRRA) requirements and waivers imposed by the 2014
Blaine Young-chaired County Commission for the property. Members were
clearly frustrated by the restrictions imposed by the DRRA but,
unfortunately, the development has now been accepted. This is worrisome
as 2 more properties, the Casey and Calumet developments, pose similar
risks for County infrastructure in the area as well as jeopardizing
future water quality, drinking water supplies, and recreational use in
Lake Linganore and its within-watershed lakes and streams of Merle,
Anita Louise, and Marion.
Digital Centers: Multiple digital center issues are now
before the County. Quantum MD has requested upgrades and expansion of
sewer service, excavation of petroleum hydrocarbons from the Eastalco
site, and flood hazard revisions to an area along Tuscarora Creek. The
status of recent stop-work orders for stream and floodplain damage for
fibre conduit delivery to the Eastalco site remains unknown. An adjacent
property, Windridge LLC, sought but was denied a change in zoning to
General Industrial to allow future center construction and another
property approximately 1 mile away (Suzanne Family Irrevocable Trust)
from the Quantum MD site is seeking a similar zoning change for future
center development. There are continuing worries re: the County’s
commitment to limiting piece-meal center zoning changes, inadequate
power supplies for the proposed multi-center operations, as well as
necessary revisions to the current Critical Digital Infrastructure
ordinance adopted in 2022.
East Street Corridor Update (Brickworks, Community Center for the MD School for the Deaf, and Form Based Code):
East Street Corridor redevelopment has been under consideration for
more than a decade with input from East Frederick Rising (EFR), the East
Street Corridor Advisory Panel (ESCAP), and currently form-based code
(FBC) consultants. Unfortunately, anticipated design criteria for the
corridor outlined in the FBC developed over the last 2 years have been
ignored for 2 pending projects, the Brickworks (1260 units, 130,000 sq.
ft. of commercial space) and a Community Center for the MD School for
the Deaf across from Dairy Maid on East Street. These 2 projects, if
accepted/permitted soon, will supersede FBC-desired construction designs
and parking layouts thereby thwarting a consistent FBC-defined
architecture along the corridor. City staff have just distributed the
FBC draft report to residents and will set up approximately 4–5 training
sessions on the code and implications for its implementation along the
corridor in the coming months. Regrettably, convincing the developers of
the 2 projects to wait for and subsequently adopt FBC guidelines for
construction appears unsuccessful at this point.
Education/FCPS/"Perfect Storm”: The County calls the
issues caused by the growth noted above, coupled with inflation, and
increases in student numbers and needs, a "perfect storm" and that we
are "at a crossroads" (FNP, 4/25/2023). CRG is not sure why this would
come as a surprise as CRG and other organizations and individuals for
several months have been calling for a comprehensive view of growth in
the context of built and planned-for infrastructure to support
anticipated growth. The City’s reported permits for 2022–2023, with the
absence of any new school construction, is particularly concerning as
planning, funding, building, and opening a new school may take up to 10
years. The crisis was further detailed in the May 4th article discussing
redistricting of approximately 2500 students due to inadequate
capacities at several schools, exemplified by Frederick County’s Board
of Education member Karen Yoho saying the development figures (and
associated school capacity needs) are “mind boggling.” A plan and a
solution are overdue and CRG calls for all City and County stakeholders
to acknowledge the need and work together to address the crisis!
Charter Review
The
City’s Charter Review Committee has identified several key areas of
focus during the initial stages of their deliberations, each with
significant impacts on how the City is governed. It is important for
residents to understand what recommendations are under consideration now
and during the next two months.
Top issues under consideration include:
- Enhancing district voices with alderpersons elected by district rather than the current practice of all at-large representation.
- Creating
distinct legislative and executive functions with alderpersons
responsible for legislation and the mayor focused on his/her executive
responsibilities.
- Changing the timing of the elections to conform with the presidential voting cycle.
- Establishing open primaries so independents can have a more active role in selection of candidates.
- Approving voting rights for undocumented and young residents.
It
is important that residents provide comment at the upcoming meeting on
May 18, as whatever is recommended could guide City elections, current
at-large alderpersons or district representation, term limits, referenda
policies, and checks and balances in City government. These matter!
Public Safety/Creating a Safe Environment
The
City has released early 2023 data showing that serious crime "is up vs.
2022.” Between the shootings and the stabbings that have resulted in 2
murders in the last 9 months, CRG challenges the City and FPD to work
together and present a comprehensive plan to the residents to assure the
safety of residents and visitors.
Although four officers will be added in the coming months, more can and
should be done as their responsibilities in addressing violent crime are
unclear. Despite considerable conversation about community policing,
foot patrols are rare in the area where these crimes have occurred. CRG
wonders if the City has budgeted overtime for the FPD to help ensure
adequate coverage during late night hours. The City and our elected
officials can also follow up on the request by the FPD and District 3
State Delegates to pass and/or support ordinances that close loopholes
that allow some businesses to have unregulated consumption of alcohol
from 6:00 AM until 2:00 AM without any basic regulation or oversight.
Building strong relationships between/among the City’s elected and
appointed officials and residents and instilling confidence through
specific actions designed to ensure a safe community is the best
approach.
City Plastic Bag Ordinance
After
2 months of the Board of Aldermen (BoA) coming to terms on a compromise
to ban plastic bags and implement a small paper bag fee, on May 4, the
BoA adopted the plastic bag ban, but not the recovery of a small fee for
reimbursing a shop owner for the expense associated with providing
patrons paper bags for final purchases. CRG and residents could be happy
with the ban on one-time plastic bags but it would have been quite easy
to have worked out an option for merchant cost recovery incurred with a
shift from 1–2¢ plastic bags to >10¢ paper bags while not posing a
negative impact on lower income individuals. Yet after 2 months of
deliberations, no potential remedies for this impact were found. Several
jump to mind such as providing usable bags to residents, working
through grants to secure funds for bag access, or working with
corporations for free bag distribution.
The concern for equity impacts can be overcome when multiple options are
possible to prevent undue economic hardship on any member of the
community. BoA, please amend the just adopted ordinance to help all
stakeholders, residents, and businesses cease using one-time disposable
bags.
VPRO Update
The
City’s Department of Public Works (DPW) is completing inspections of
properties registered as vacant for more than a year and will issue
fines along with required repair completion dates. In addition, staff
will remind each property owner of the need to update
their registration.
This procedure follows the guidelines set out in the resident-driven
vacant property registration ordinance (VPRO) approved unanimously by
the Board of Aldermen in December 2020. While it seems like an extended
and often frustrating process, the procedure enables the City to build a
case file for eventual court challenges that may occur following a
vacant property owner’s challenge to meet the ordinance requirements:
- In
year 3, the City can raise property taxes to be paid for failure to
improve the property. Taxes can continue to be raised over the
subsequent 5 years. Hopefully, this "hammer" will discourage owners from
continuing to sit on properties to the detriment of the City’s
character and its long-term growth.
- In
year 4, the City can initiate legal steps to force rehabilitation
through a court-designated 3rd party to find appropriate options for
resolution of these habitually vacant properties.
Finally,
as the VPRO is a complaint-driven enforcement system, any long term
vacant property can be identified by a resident who can submit a
complaint online (https://www.cityoffrederickmd.gov/FormCenter/Code-Enforcement-4/Code-Complaint-35). Help ensure our City remains vibrant and attractive!
Upcoming Events/Meetings
- City Planning Commission Meeting, May 8, 2023, City Hall, 6 PM. Change in the City Land Management Code for number of units allowed along the Carroll Creek Overlay.
- County Council, May 9, 2023. Winchester Hall, 5:30 PM.
Public hearing of expanding Priority Funding Area for Quantum Frederick
(sewer expansion) and second reading for adjustment of FEMA County
Floodplain Regulations.
- County Planning Commission, May 10, 2023, Winchester Hall, 9:30 AM.
Two digital center submissions, decision of a site plan for the first
digital center (Align Data Centers) as the first center on the Quantum
MD Eastalco site. A second for traffic upgrades and associated developer
costs for the Noffsinger property, a likely future data center
development area.
- City Mayor and Board of Aldermen, May 10, City Hall, 3 PM. Change zoning in Golden Mile Westridge Square Shopping Area to allow mixed used development (housing).
- Growing
Pains? Development in Frederick County: Learn to Effectively Advocate.
Saturday, May 13, 2023, 10 am – 12 noon. Urbana Regional Library, Upstairs Conference Room, 900 Amelung Street, Frederick, MD 21704. Speakers include Kim Gaines, Director, Frederick County's Livable Frederick Planning and Design Office; Richard Klein, Founder, CEDS | Author: How to Win Land Development Issues; and Steve McKay, County Council Member, District 2. REGISTER HERE for this FREE event!
- Green Drinks: Bee City! How Middletown Did It & Why; Wednesday, June 7, 2023, 6–8 PM.
Speaker: Cindy Unangst, Middletown Green Team Co-Chair and Town
Planner. The Main Cup, 14 W. Main Street, Middletown MD 21769. Free
event!
- City Planning Commission Workshop, June 20, City Hall.
Brickworks discussion. The meeting, agenda, and relevant documents for
this discussion should be posted on the City’s website by May 9 or 10.
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See the CRG blog at: responsiblegrowthfrederick.com
Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner, K. Thomassen
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.
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