Wednesday November 16th @ 6pm
Frederick County Planning Commission Public Hearing on the 43 proposals for land development in the New Market region
(sign up to speak at 5pm), Winchester Hall (12 E Church Street, downtown Frederick, 1st floor)

There is no need for additional residential or commercial zoning.

Frederick County’s 20-year growth plan (2010-2030) meets state growth projections with zoning for development of 36,264 homes and over 3000 acres for commercial build out. Existing land use plans are sufficient to build a robust economy while preserving the quality of life for Frederick County residents.

What you should know about these land use change requests:
• Total potential land conversion: 2,973 acres
• Potential number of homes: 4,994
• Number of kids added to FCPS in New Market: 2712 kids
• Number of car trips/day added to local roads: 47,793 car trips
• Area to be built on well and septic: 348 acres

Consider this…

• Cost of new schools will be paid in large part by taxpayers (you)
Elementary school construction cost: $25 million (700 student capacity)
Middle school construction cost: $45 million (900 student capacity)
High school construction cost: $70 million (1600 student capacity)

• Cost for new roads will be paid in large part by taxpayers (you). Frederick County needs $3.5 billion to resolve its current road crisis. The BOCC just zeroed the excise tax, a source for road and bridge maintenance and construction.

If you can’t make it to the public hearing, you can send a letter to Frederick County Planning Commissioners:

John McClurkin, Chair, samjbm@verizon.net
Richard Floyd, Vice-Chair, rmfloyd1@aol.com
Robert Lawrence, Secretary, Boblawrence5753@comcast.net
Catherine Forrence, 404westmain@comcast.net
Robert White Jr., bobwhitejr@mac.com
Audrey Wolfe, al_wolfe@verizon.net

Cc: Jim Gugel, Chief Planner jgugel@frederickcountymd.gov

Have a friend come to the hearing and read it in to the record!

Thursday November 17th @ 6pm
Frederick County Planning Commission Public Hearing on the 43 proposals for land development in the Urbana region
(sign up to speak at 5pm), Winchester Hall (12 E Church Street, downtown Frederick, 1st floor)

MONROVIA REzoning Proposals

Most of the property owners who want their properties destined for residential growth are asking for a land use designation change first.  They will then ask for rezoning later.  The following calculations were based on zoning being R-1 (1 house/acre).  They might ask for higher density, which would increase the number of homes, students in schools and cars on roads.

Current proposals will add:

Approximate number of homes: 459

Acreage requested for commercial growth:  200

Approximate number of students:  250

Approximate increase of car trips/day on local roads:  4, 393

If you can’t make it to the public hearing, you can send a letter to Frederick County Planning Commissioners:

John McClurkin, Chair, samjbm@verizon.net
Richard Floyd, Vice-Chair, rmfloyd1@aol.com
Robert Lawrence, Secretary, Boblawrence5753@comcast.net
Catherine Forrence, 404westmain@comcast.net
Robert White Jr., bobwhitejr@mac.com
Audrey Wolfe, al_wolfe@verizon.net

Cc: Jim Gugel, Chief Planner jgugel@frederickcountymd.gov

Have a friend come to the hearing and read it in to the record!

Download letter as pdf file here.

New Market plan doesn't detail how FCPS will handle an additional 450 children.

Originally published March 18, 2011

By Patti S. Borda

Photo by Sam Yu

New Market Mayor Winslow Burhans III talks Wednesday about one of the areas he would like to annex to be part of New Market. The area is east of Md. 75 and includes the McDonald’s and Food Lion.

New Market Mayor Winslow Burhans III is not threatened by a Friends of Frederick County lawsuit that accuses the town of failing to plan properly for growth, traffic and school capacity.

“We took the issues straight on,” he said in an e-mail. “We spent a lot of time with cost calculations, yields and financing, and growth staging mechanisms.”

Burhans said the town plans to make the most of its geographic fate along major metropolitan roads such as Md. 144 and I-70.

“It’s automatically going to have growth pressures,” he said.

When the first brick was laid in the Baltimore National Pike from the Port of Baltimore to head westward to Ohio, running through downtown New Market, “that meant change was coming,” Burhans said. “You have to be able to embrace the fact that change is coming.”

Janice Wiles, Friends of Frederick executive director, said in a telephone interview the New Market plan contains comments from state and county officials that indicate the plan is inadequate.

Wiles, who ran unsuccessfully for a seat on the county board last year, said the lawsuit is not politically motivated, and is based on deficiencies in the town’s plan.

“We are concerned about development when the community can’t afford it,” Wiles said. “We have to come up with a new way to grow.”

Burhans defends his plan as one with the town’s best interests in mind, but said it is “just a plan.” Details are worked out as studies are completed, he said.

“When you are seventh generation to a town, it is pretty clear that no one, not even FoFC, should underestimate the care one has about all aspects of the town, because whatever the town does wrong becomes a reflection of me,” he said.

Burhans’ vision includes a grid of roads to serve traffic in and around town and new employment bases to give residents a place to work without having to drive so far.

“We want people to be able to live here, work here,” Burhans said. “We want to create a community, a traditional neighborhood.”

He stresses that the town took worst-case scenarios to build its plan.

“We didn’t want to be accused of painting a favorable growth scenario,” he wrote. “We didn’t hide behind anything.”

Part of Burhans’ plan will depend on annexing land, some of which could yield 925 houses.

The residential component would cost more in infrastructure than it would bring in revenue, Wiles said, and “the jobs that they’re proposing do nothing to resurrect downtown.”

Burhans said the town has traffic problems already because previous Boards of County Commissioners blocked all corridors. Roads north of Md. 144 and south of Gas House Pike funnel east-west traffic through New Market, and the town would like to do something about it, Burhans said.

“The previous board made it a thoroughfare for commuters,” he said. “I think this board will talk roads. They are unlike any other Board of County Commissioners” in their willingness to work with municipalities, he said.

Commissioners President Blaine Young said the board will have a meeting with Burhans to discuss his concerns and the county’s disapproval of the town plan.

“We will address it,” Young said by telephone.

In place of the official town planning, Friends of Frederick implemented a community-driven process called the New Market Tomorrow initiative, which will culminate in a comprehensive vision for the town of New Market.

“We have the best interest of the greater Frederick community at heart,” Wiles said.

Updates about the initiative will be available at www.friendsoffrederickcounty.org.

More than a dozen landowners and the Audubon Society of Central Maryland Inc. joined Friends as plaintiffs in the lawsuit. A proposed bypass and development on the Delaplaine and Smith/Cline properties would harm the adjacent Fred J. Archibald Audubon Sanctuary, according to a Friends statement.

Cline Farm, New Market (Harry Richardson, artist)

This letter is in response to Mark Koehler’s Feb. 28 letter titled “Not Friends …” in which he takes to task Friends of Frederick County’s involvement in the politics of New Market. I, too, have a New Market mailing address, albeit not in the Town of New Market; however, I live very close to the town and have had the opportunity to attend their Town Council and planning and zoning meetings. I have followed very closely many discussions and decisions by the New Market elected officials as they pertain to the surrounding environment in which the residents of New Market live.I am a concerned citizen who is writing to factually rebut Koehler’s accusations against Friends of Frederick County. HB 1141 is a clearly defined law that outlines how municipalities are to address their Municipal Growth Element (MGE). After the town submitted their MGE, the Maryland Planning Department’s, as well as the State Highway Administration’s, response to the town’s submittal outlined in very clear terms how poorly this document was executed and provided very distinct recommendations for aligning the town’s MGE with HB 1141.

Town officials chose to ignore the majority of these recommendations. During their Nov. 17, 2010 meeting an individual who was providing guidance to the town officials stated that “if the Maryland Planning Department doesn’t write their response in bold then we don’t need to worry about it.” Perhaps it would have been more helpful to suggest that the Maryland Planning Department, as well as the State Highway Administration, were much more versed in the requirements of HB 1141 and as such their comments should be taken seriously.

Friends of Frederick County has not been “frequently meddling in New Market’s affairs” as stated by Koehler, but rather became involved once it became apparent New Market town officials chose to ignore the recommendations made by the Maryland Planning Department with regard to their MGE.

The fact of the matter is, had town officials worked with the State Planning Commission, as well as the State Highway Administration, to design their MGE to meet the requirements of HB 1141, the Town of New Market would not now find themselves in the position of being sued. I would also venture a guess that if town officials would be willing to reconsider the wording of their MGE so that it unequivocally met the requirements of HB 1141, no monies would be have to be spent defending a plan that appears to be fallible.

I would invite all concerned citizens to visit the Maryland Planning Department’s website to gain factual insight into this situation.

Vitriolic rhetoric accomplishes nothing. I believe if everyone comes to the table with an open mind we would understand that everyone is seeking quality of life. This is not about stopping development but rather about developing our community in a smart, well-thought-out way that does not force us to live in an extended Montgomery County. If we all try to work together I believe we can all achieve that which matters most to us.

Brenda Harlow lives near New Market.

Originally published March 05, 2011

With the approval of the New Market Municipal Growth Element (MGE), the Town of New Market is now able to annex the Delaplaine, Ganley and Smith/Cline farms.  These annexations would more than double the size of the Town  from about 434 acres to about 880 acres.  The 925 residential units proposed for Smith/Cline alone will almost triple the population of the Town by adding approximately 2,451 people and increasing the number of residents from 1443 residents (at full build-out of existing subdivisions) to 3,894 residents.

The location of these farms are shown in purple cross-hatching on the Land Use map below. These proposed annexations are contiguous or very near to the Meadows, the Orchards, Brinkley Manor, Royal Oaks, Sponseller’s Addition, New Market West and New Market Farms.  They are also contiguous or very near to municipal recreational facilities, parks and open space; and an Audubon Bird Sanctuary (there may be a few alterations on the road location but FoFC doesn’t have the new map yet.  Even though the plan was approved last night citizens/residents still haven’t been able to actually SEE the plan that affects their home values, quality of life etc).

The Town proposes that Delaplaine and Ganley be developed for commercial and industrial purposes which, under the Town’s development regulations, include heavy manufacturing, heavy vehicle repair, truck stops, public heliports, recycling and storage, public works yard/garage, warehouses, fast food drive-thru restaurants, motels, commercial parking lots and gasoline stations.  The heavy traffic, air pollution, noise, dust, glare, smoke, toxic chemicals and visual impacts associated with these uses would severely impact the surrounding communities, recreational facilities, parks, open space and sanctuaries.
The 925 residential units proposed for Smith/Cline would generate about 9,000 additional car trips per day, greatly worsen traffic on Boyers Mill Road, lead to far more “cut-through” traffic in adjoining neighborhoods, and exacerbate traffic congestion and safety hazards on narrow, winding road segments and local intersections.

The Smith/Cline development would yield 583 pupils. As a result, Smith/Cline would  severely exacerbate school overcrowding and require the construction of at least one new public school whose cost would exceed by $10 Million the revenues generated by developer impact fees. According to the Frederick County Public School System, the cost of educating each public school student is about $12,000 per year.  These costs would amount to a total of $6,996,000 annually for the Smith/Cline development.  For these and other reasons, the Frederick County Board of County Commissions recently classified and zoned these properties for agriculture use only in its 2010 Comprehensive Plan and Zoning Map.

Read the review comments:

Maryland Department of Planning’s comments on New Market MGE and cover letter

Frederick County Division of Planning

Maryland Department of Transportation

New Market Citizen Comments on MGE

Friends of Frederick County Comments on MGE

To become involved or express your concern please contact: friends@friendsoffrederickcounty.org

In October 2009 the Frederick County Planning Commission voted to deny the Global Mission (GMC) Site Plan because, according to the Health Department’s regulation GMC’s plan would exceed the septic capacity of 4,999 gallon per day.  GMC had time to bring their plan into compliance but did not do so.

In March 2010 the Frederick County Board of Appeals (BOA) voted 4-1 to send the GMC site plan decision  back to the Planning Commission for further proceedings and to give the GMC additional opportunity to discuss their site plan with county staff.

In July 2010 Judge Dwyer, Frederick County Circuit Court, GMC July 2010 Dwyer decision.

On January 19, 2011 2pm Frederick County attorney, Wendy Kearney, will present the county’s appeal to the BOA March decision and support the Planning Commission’s 2009 decision in the  Frederick County Circuit Court .    Please try to attend;  if you can’t make it check our website afterwards for a report.

Thanks to all Frederick and Montgomery County residents, specifically the Montgomery Countryside Alliance (http://mocoalliance.org/2010/11/global-mission-church-update/) for  participation and excellent testimony at the many public meetings on this issue. Please continue to speak out on behalf of clean air, water, public health and safety, open space and the flora and fauna that depend upon it.

Global Mission Church, with current perish in Silver Spring, wants to expand to Frederick County , clear forest and farmland, to build a 140,000 ft 2 complex at the base of Sugarloaf Mountain.  This megachurch would be built on well and septic;  local residents and professionals alike have expressed concern that this development would greatly impact the area’s wetlands, the Little Bennett Creek and the Piedmont Sole Source Aquifer.

In October our Frederick County Planning Commission denied the Global Mission Church (GMC) site plan.  Their denial was based primarily on Frederick County public health and emergency professionals’ legitimate concerns about having this large complex septic sytem-dependent  and the on inadequacy of planned fire precautions.

GMC has appealed that decision – and were heard before the Frederick County Board of Zoning Appeals on  hold a special hearing on case B-09-16 on Wednesday,  January 20th starting at 1PM in the 1st Floor Hearing Room at 12 E. Church St. [Winchester Hall] in Frederick.

GMC lawyers are working to discredit Frederick County health and emergency safety staff opinion, and have complained that they were not permitted to cross examine citizens who attended the public hearing in October.  GMC is also proposing to pave a road to access Dr. Perry Rd and satisfy emergency issues.  The road would require woodland clearing and paving across a floodplain, Little Bennett Creek and just feet away from an existing home.

Why is the Circuit Court of Appeals ruling to uphold Planning Commission decision relevant?

“This case affirms that GMC must work within the 5,000 gpd septic capacity. With the size of their buildings and congregation, this seems impossible without seriously scaling down their proposed footprint and programming, no such backtracking has happened in the 2+ years of hearings on this issue. With this decision it seems more likely than ever that the site plan will be denied.

 The court case challenging the FredCo Board of Appeals ruling is still pending, we can expect it to begin in earnest in September. The full Petition for Judicial Review of the BOA decision can be found here..  Read Full court decision here.

To read all past posts on the GMC issue, click here and scroll down.”  Source of information: Montgomery Countryside Alliance website.

“The legal move comes as more and more citizens have signaled their opposition to exploiting farmland for unnecessary commercial and residential development,”says Janice Wiles, Friends of Frederick County Executive Director. “Developers’ push to build on the Crum and Thatcher properties along (U.S.) 15 continue despite the fact that there are areas available for residential growth and millions of square feet of commercial space within Frederick City that should be built first before expanding outward, and the current roads and infrastructure to support such development.”

The complaint alleges that the annexations are unlawful for three separate reasons:

First, the annexations by the City of Frederick fail to meet the requirements of State law.  State law requires the City to prepare and adopt an Annexation Plan which is to be available at the public hearings on any annexation.  This Plan is to consider, among other things, all public facilities that would be required by the annexation, their location, costs and how to pay for the costs.

The City of Frederick’s approval of the annexations without this required information will result in taxpayers paying increased taxes to cover the costs of the new public facilities and services necessary toaccommodate the annexations and their increased level of development.

Second, as part of its Resolutions of annexation the City of Frederick changed the zoning classification of the annexed property from agricultural use to substantially different uses with a density more than 50% greater than the original agricultural use.  State law prohibits a municipality, for a period of five years following an annexation, absent the County’s consent, from changing the annexed land to a substantially different use or to a density more than 50% greater than the prior zoning authorized.  The County has not given its consent.  The change of zoning classification is in violation of this and other provisions of State law.

Third, to annex the properties, the City of Frederick amended its Charter.  However, the Charter Amendment fails to meet the requirements of State law, which provides that a Charter may not be amended by reference to its title or section only, and that the amendment must show how the Charter section being amended would read after it has been changed.

FoFC and several plaintiffs announced the suit on 6/21 at 3 p.m. at the Frederick County C. Burr Artz Public Library, 110 E. Patrick St. Trust Conference Room.

Frederick County Public Library does not promote or endorse the views of the program, sponsors or presenters.

Friends of Frederick County Position on Crum and COPT/Thatcher Annexations into Frederick City

We believe that our county and city should protect the Monocacy River corridor, productive farmland, scenic vistas, and a buffer between Frederick and Walkersville. At this time there is adequate development planned in the existing “pipeline” of future development in the city and we should develop that first, see that it is done in the most economically, socially and environmentally sustainable manner, and evaluate its impact before bulldozing greenfields.  FoFC believes that existing roads to the north are inadequate, congested and dangerous, and there’s no financial plan to solve that anytime soon.

Background

In September 2009 the City of Frederick’s Mayor and Aldermen[1] voted to annex two farms (total 436 acres) along Route 15 north of Frederick City for 1200 new homes and approximately 2.3 million ft² of non-residential (office, retail, manufacturing, hotel) space. During the Fall 2009 citizens made a good faith effort to gather 20% of city voter signatures to put these annexations to referendum but fell short of our target due to the 45 day time allowed. Judging from overwhelming citizen involvement in that effort and interest in signing the petition for referendum it was clear that citizens of Frederick City do not agree that the development plans for the Crum and COPT/Thatcher properties promote the health, safety and welfare of our city nor county.

Petition to DeAnnex the Crum and COPT/Thatcher Properties

For these reasons, on May 20^th 6:30pm Frederick City Hall Friends of Frederick County launches a petition drive for a charter amendment to change the boundaries of the City of Frederick, MD to exclude the Crum and Thatcher properties.This petition effort, to “de annex” these properties, when put on the ballot will give citizens the opportunity to vote their preference.   The petition can be downloaded off the Friends of Frederick County website (http://www.friendsoffrederickcounty.org/by-campaign/petition-deannexation-referendum/ ) and delivered or mailed to our office.  Petitions will be available at events;  petition drop off points will be announced during the petition drive.  Hear what citizens have to say.

Why deannex the Crum and COPT/Thatcher properties from the City limits?

• Route 15 is one of the most dangerous roads in Maryland – and there is little funding for improvements.  The northern annexations will add 12-15,000 car trips/day to Route 15 and arterial roads.[2] The Maryland State Highway Administration strongly recommended that the cost of planning, design and construction of the Biggs Ford Road interchange be included in the annexation agreements, that cost is estimated at $75-80 million. It was not. The Monocacy Boulevard completion (to cost $75-$80 m) is not even funded yet.[3]
• There are 3500 homes and millions of square feet of commercial space within Frederick City that should be built first before expanding outward.  These approvals include Brick Works, Northgate, Clemson Corner, Market Square, the Ballenger Creek Center and the SAIC-Frederick/NCI facility.  For a complete list of commercial projects see:  http://www.businessinfrederick.com/site_selection/development.htm
• The annexation agreements for Crumland Farm and COPT/Thatcher do not adequately address sewer, schools and fire and rescue services. There is no planned sewer service for the Crum and Thatcher properties at this point [4] and no detailed plans for school and emergency services.
• This farmland has excellent soil for growing food.  If the properties are under Frederick County jurisdiction they will be in an Agricultural Priority Preservation Area (PPA), according to the recently signed Frederick County Comprehensive Plan.

Positions from Voices of Authority

Maryland Department of Planning[5] (7/22/2009) Asks the city to look into potential sewer constraints, the expansive floodplain and the road network impacts in light of the I270/Rte 15 Multi Modal Study.

State Highway Administration[6] SHA strongly recommends that the cost of planning, design and construction of the Biggs Ford Road interchange and park and ride lot be included in the requirements for annexation, as well as dedication of Rte 15 right of way and plans for arterial roads that will need to be constructed once Sunday’s Lane is closed.

Frederick County Board of Commissioners[7] letter dated 9/2/2009 2, 2009:  Without concurrent construction plans for an interchange and the elimination of the at-grade crossings “will only exacerbate an already dangerous situation and jeopardize the safety of City and County residents.” “The Crumland Farm Agreement (pg 5) does not obligate Petitioners (meaning the developer) to fund any portion of the US 15/Biggs Ford Road interchange. The County Commissioners and the State Highway Administration believe the developers, rather than the taxpayers, should pay for this interchange.”  There is no planned sewer to either property.  Absent private funding for a new school this development will worsen school overcrowding.

Frederick County Fire and Rescue Services Division[8] (5/5/2009)on Crumland Farm annexation:  “With the potential increase in traffic traveling to the site, thus requiring vehicles to cross Route 15, the potential for accidents will increase. An increase in accidents on Route 15 may have an effect on the fire and rescue services, therefore, the Biggs Ford Road interchange should be constructed and operational before the first Use and Occupancy permit is issued for the proposed site.”

Town of Walkersville[9] (8/31/2009)  The Walkersville Burgess and Commissioners voted 3-2 in opposition to both the Crum and COPT/Thatcher annexation proposals and urged the Frederick City Board of Alderman to vote to deny them.

Monocacy Scenic River Citizens Advisory Board River Board (5/11/2009) expresses concern about the proposed alteration of the natural landscape in the 100-year floodplain on the COPT/Thatcher property and the disruption of environmental processes and functions that follow from grading, filling, and building in a floodplain—mainly the natural storage and conveyance of flood waters.

Does your organization have a position?  If so, please send it to deannexation@friendsoffrederickcounty.org.

[2] Institute of Transportation Engineers (ITE) Trip Generation Manual, 7^th Edition, pp 268-269.

[3] Thomas, John B. (Pers Comm May 2010).  Cost for Biggs Ford Road interchange at Route 15, and the Monocacy Boulevard interchange, Frederick County Division of Planning.

[4] Tax map 57 and 48 at: http://www.frederickcountymd.gov/index.aspx?NID=1326.

[5] Conrad, Peter G., Director, Local Government Assistance, Maryland Department of Planning.

[6] Slater, Gregory I, Director, Office of Planning and Preliminary Engineering, State Highway Administration

[7] Board of County Commissioners, September 2009 (Jan Gardner, David Gray, John L Thompson, Kai J Hagen and Charles Jenkins), Frederick County MD.

[8] Dmuchowski, Michael P, Battalion Chief/Fire Marshall, Frederick County MD

[9] Hauver, Susan J, Planning and Zoning Administrator, Walkersville MD