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.


Check out our Facebook page  

Friday, July 14, 2023

Frederick City and County News of Interest VOL. 2, NO. 7 | JULY 10, 2023

 VOL. 2, NO. 7  |  JULY 10, 2023

Frederick City and County News of Interest

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.

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To our Readers:
The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below.
City Brickworks Project
City Form-Based Code

Charter Review Update
Data Centers
City Rental Management Ordinance
South Frederick Corridors Plan (the 85/355 area)
Upcoming Events & Meetings

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

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

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

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


City Form-Based Code
Training sessions for the proposed City form-based code continue, with the second session held on Monday, June 26 that covered architectural standards for future buildings on East Street and potentially other City (and County) areas designated as small area plan locales (https://cityoffrederick.granicus.com/player/clip/5602?view_id=12&redirect=true&h=247469ba4f5d08ebc121296bd60b8fb5). Substantial detail was provided, giving a comprehensive overview of building designs (from siding, window recesses, roof slope, etc.) that could be incorporated into the Corridor’s future appearance.
 

Charter Review Update 
With the Frederick City’s Charter Review Committee (Committee) report anticipated in the Fall, it is important to better understand the scope of potential recommendations by the Committee to the Mayor and BoA. In that regard, and although whatever is recommended needs to be considered in its entirety, how the City might reset its basic governing structure is perhaps the most significant. These recommendations will likely focus on Districting, Term Limits, Timing of Elections, and Non-citizen Resident Voting:

  • Districting: The first option appears to be to divide the City into 5 distinct voting districts, each with its own Alderperson and increase the BoA from 5 to 7 members with the addition of two at-large representatives covering the City as a whole (much like the current County Council). Proponents assert this will allow for more balanced representation along with a clear avenue for better accountability to individuals and underserved segments of the City. Open questions remain as to where to draw the boundaries and how within-district voting is accomplished.
  • Term Limits: Currently the County limits the Chief Executive to 2 terms and the Council members to 3 terms. Committee members are discussing a similar option for the City’s Mayoral and Aldermanic offices.
  • Timing of Elections: City voters have voted—with less than stellar voter turnout results—in three of the past 4 years (2020 presidential election; 2021 Mayor and Board election; 2022 County Council/MD Governor and House of Delegates/Senate; US House and Senate elections). A different approach, under discussion by the Committee, is to combine the Mayoral/Aldermanic election with the presidential election. Hopefully, such a schedule will encourage greater voter participation and reduce voter burnout.
  • Non-Citizen Resident Voting: The Committee is discussing an opportunity for non-citizen residents to vote in local elections. A documented one-year City residency would be required for individuals who live in and pay taxes to the City so they have a voice in electing their local officials.  
None of the above stands alone and each will require ample public discussion and review with particular emphasis on timing and execution. 

Data Centers
Some very good news: County Executive Jessica Fitzwater has formed a workgroup to identify potential revisions for the County’s initial Critical Data Infrastructure ordinance. In addition, she has initiated a 9-month moratorium on data center zoning decisions — extremely important, considering that:
  • there have been substantial environmental violations and MDE stop-work orders for drilling of the fiber conduit to the Eastalco data center property as well as more than a month’s discharges of contaminated water into Tuscarora Creek from dewatering activities at the site, exceeding 70,000 gallons/day; and,
  • one data center corporation (Align) has already submitted and received PC approval for one data center on its Eastalco property, with possibly three more to follow.
Thus, it is critical that more protective regulations are in place on data center power demand and on-site generation, water use and treatment, noise, stormwater, neighboring property protections, hazard clean-up, and future site restoration. CRG and its allies continue discussions with County Council members, the County Executive, staff, and Congressman David Trone’s staff on needed regulations for construction and operations of future centers.

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

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

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

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

Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.


Check out our Facebook page!

Tuesday, June 6, 2023

Frederick City and County News of Interest VOL. 2, NO. 6 | JUNE 6, 2023

Frederick City and County News of Interest

VOL. 2, NO. 6  |  JUNE 6, 2023

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.
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To our Readers:
 
The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below. Acronyms are listed below.

Charter Review Process / CRG Forum
City & County Budgets

Brickworks & Maryland Deaf Community Center
Form-Based Code Training Sessions
County Data Centers
Social Media Launch Celebrating One Year Anniversary
Frederick’s Alphabet Soup
Upcoming Events
Acronyms

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Charter Review Process / CRG Forum
 
The City’s Charter Review webpage emphasizes that “public engagement…is essential.” (https://www.cityoffrederickmd.gov/1642/Charter-Review-Public-Engagement). To that end, CRG hosted a backyard forum on May 31st engaging residents from around the City to ensure all perspectives are considered and updating attendees on the purpose of the review (i.e., “…to consider changes in… Elections and Election Administration, Legislative Body and Structure of Government, Charter Sections to be Relocated and Procedural Issues.”).
 
At the forum, attendees discussed:

  • The importance of updating the City Charter
  • Critical issues under review, including districting, timing of elections, open primaries, non-citizen voting, term limits for elected officials, and a legislative process that clearly defines and separates the executive and legislative branches of City government to ensure overall balance between the two branches.
  • The interplay of NAC revitalization and Charter revision and whether/how NAC “voices” would be a vital part of future City discussions and decision-making

Several committee members and the aldermanic liaison to the committee participated in the forum, providing insight into the opportunities and challenges, and attendees gained a clear understanding of the difficult and intricate decisions and recommendations with which the committee is charged. This task requires partnership, cooperation and input from all (residents, businesspeople, City staff and officials, etc.). We applaud the diligence and the thoroughness of the Committee's efforts so far and encourage everyone to watch their progress closely and keep informed (via the web link above and attending future CRG events). 
 
This forum was a continuation of candidate forums held over the past two election cycles and introduces our 2023 series focusing on issues of concern to residents, including the Charter Review process. CRG will do all possible to highlight individual Charter topics in the coming months as the Committee approaches their goal of delivering a final report in the Fall. Future events will be publicized in the CRG newsletter and through social media. We welcome your attendance.
 

City & County Budgets

The City has adopted its 2024 budget and, disappointingly, there was no commitment to construction of Moderately Priced Dwelling Units (MPDUs) even with a reserve exceeding $15M. The County has adopted some protections for assistance for senior and veteran homeowners. CRG continues its advocacy for creative (e.g., seed money to leverage other funds) use of City fees in-lieu collected from developers who opt to NOT build affordable/workforce housing and there are rumors of possible City discussions of revising its approach to actually building units. We’ll see…

Brickworks & Maryland Deaf Community Center

It appears there’s little willingness to slow the march forward for development of the Brickworks property at South and East Street, regardless of the pending City considerations for adopting a form-based code for construction in the East Street Corridor. Recent investigations into past use of the properties in brick manufacturing and on-site industry and City waste disposal pose a possibility for at least some City or state examination of future impacts of the brownfield site’s development. A Planning Commission (PC) workshop is scheduled for June 20 at which time the developer is expected to respond to the (February) comments of the PC and Planning Staff. Hopefully, the issue of possible soil contamination will be raised as well.

Further north on the Corridor, owners of the East Street location for the Maryland Deaf Community Center, facing unexpected design expenses for the design and construction of its future community center, will not reconsider a redesign to place parking in the rear of the center that would be consistent with the form-based code designs under review by the City. These two projects, therefore, put a substantial crimp in a consistent form design along the Corridor.


Form-Based Code Training Sessions

The City has scheduled 4 training sessions for the consultant-drafted and City-revised form-based code, beginning with a June 6 session at City Hall at 7 PM. The three remaining sessions are scheduled for June 26, July 11, and July 24. All residents, business owners, and NGO representatives are encouraged to attend to become familiar with a final code’s possibilities that will govern future building designs along the Corridor and perhaps as a model for FBC application in other small area plans.

County Data Centers

Construction of large data centers in the southwest portion of the County near Adamstown is moving forward with the site plan for the first center (Align Data Corporation) accepted by a 4–3 vote of the County Planning Commission. Reticence by many commissioners to the proposed plan was nearly universal but again, as with the recent deliberations on the Gordon Mills development in the Linganore area, members' "hands were tied" to its current decision policies, thwarting serious concerns raised re: stormwater capture, impacts, and treatment.

Another submission is expected in July for Phases 2–4 of the Align data center campus which might increase the number of centers on the site to 4, with additional concerns about stormwater and noise. PC members concluded their discussion and vote with a plea for the County Council to revise stormwater requirements above the decade-old MDE regulations that are ineffective with the new climate-driven intense storm volumes. CRG members and power experts in the community are meeting with County Council members to quickly revise the Critical Data Infrastructure Ordinance (CDI) to address stormwater, energy, noise, and water treatment capacities for best protection of the County’s residents, properties, and natural resources. Whether the needed revisions can be adopted quickly enough remains to be seen. Stay tuned!

 

Social Media Launch Celebrating CRG's One Year Anniversary

One year after launching our newsletter, News from Your Neighbors, we recognize (from the feedback we have received) that the information we gather and report is important for dialogue and citizen input on issues and challenges. To be sure that everyone who is interested in/concerned about City and County growth can easily access CRG’s information, we are excited to announce our new Facebook Page, the first iteration of our Social Media Launch. This will serve as a hub for discussion, brief updates, mini articles, and meeting schedules/announcements. Following our Facebook, linked below, will make it easy to keep up to date with the actions of City and County governments and identify ways to take part in the deliberations about our community.

Check out our Facebook page: https://www.facebook.com/profile.php?id=100090933252162

Feel free to message us there directly, and like and share the page! And, keep an eye out for our Instagram, officially launching later this month. To make our Newsletter as accessible as possible, the issues from over the course of our first year are posted on our website.


Read previous issues of this newsletter: responsiblegrowthfrederick.com

Thanks to you, our readers, we are even more dedicated to increasing transparency and dialogue surrounding growth in Frederick. We do this by connecting neighbor to neighbor and reader to reader, bringing these issues to light. Thank you for your ongoing support over the last year; we have been heartened by your reception and are looking forward to creating more opportunities for you to stay informed and connect with your neighbors, across the City and County. 

Subscribe to this newsletter: To help us celebrate one whole year of publication, please share this link with friends and neighbors (or forward this email) to sign up for our FREE newsletter: https://docs.google.com/forms/d/1PNCA_j_nMpWtYDn6jpR1-rWRnm82IrlH8NuPWGOGA-M/viewform?edit_requested=true


Acronyms -  Frederick’s Alphabet Soup

Acronyms are pervasive in our lives and often annoyingly so. To help keep everyone’s blood pressure down, we thought we would explain some of the more used/useful acronyms that can be found in our newsletters as well as the myriad documents in the world of responsible growth. For a more complete description of the codes/organizations/etc., check out the expanded list on our blog (should be available within weeks). And, if you come across an acronym you think we should post, let us know.

AARCH — African American Resources Cultural and Historical Society
ALICE — Asset Limited, Income Constrained, Employed
APFO — Adequate Public Facilities Ordinance
BoA — Board of Aldermen
BoE — Board of Education
BYOB — Bring Your Own Bottle
CCO — Carroll Creek Overlay
CDI — Critical Digital Infrastructure ordinance
DPW — Department of Public Works
DRRA — Developer Rights and Responsibilities Act
EFR — East Frederick Rising
FBC — Form Based Code
FIL — Fee-in-Lieu
FCSO — Frederick County Sheriff’s Office
FPD — Frederick Police Department
HPC — Historic Preservation Commission
HPO — Historic Preservation Overlay
LMC — Land Management Code
MDE — Maryland Department of the Environment
MPDU — Moderately Priced Dwelling Unit
NAC — Neighborhood Advisory Council
PC — Planning Commission
PIL — Payment-in-Lieu
RAB — Restoration Advisory Board
VPRO — Vacant Property Registration Ordinance
ZBA — Zoning Board of Appeals


Upcoming Events

Check these webpages for up-to-date information on upcoming City and County meetings and agendas.
Frederick City: https://cityoffrederickmd.gov/901/Public-Meetings
Frederick County: https://frederickcountymd.gov/calendar.aspx?CID=83
__________________

See the CRG blog at: responsiblegrowthfrederick.com


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

Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.


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Wednesday, May 10, 2023

Frederick City and County News of Interest VOL. 2, NO. 5 | MAY 8, 2023

Frederick City and County News of Interest

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.
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To our Readers:
 
The newsletter is organized as follows:

  • Moderately Priced Dwelling Unit (MPDU) Fee in-lieu (FIL): OUR OPINION
  • Development in the City and County
  • Charter Review
  • Public Safety/Creating a Safe Environment
  • City Plastic Bag Ordinance
  • VPRO Update
  • 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.

__________________

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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