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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

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

In September 2009 the City of Frederick’s Mayor and Aldermen[1] voted to annex two farms along Route 15 north of Frederick City for 1200 new homes and approximately 2.3 million ft² of office space. Click to download the Annexation Resolution for the Crum Farm (09-18) and Resolution 09-19 Thatcher Annexation.

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.   Read more details on the annexations, organization positions and related issues here and on the Frederick County government website.

This petition effort, to “de annex” these properties, allows unlimited time for signature gathering and when put on the ballot will give citizens the opportunity to vote their preference.

Download the Deannexation Petition for Referendum Here!

Please return the petition as soon as possible:

• mail it to:  Friends of Frederick County,  4 E Church Street, Frederick MD   21701
• call us at:  240 529 1655
• drop off points to be announced

Contact us:  deannexation@friendsoffrederickcounty.org

After established deadlines, HB 1141 (amending Article 66B) prohibits the annexation of  any property that is not included in a Municipal Growth Element.  This Growth Element must contain a detailed analysis of the growth impacts of annexing and developing properties in the municipality’s planned growth area. Prior to adopting this Growth Element, a municipality must “meet and confer” with the county in which it is located. 

 The City of Frederick established a Tier 3/Outer Growth Boundary in its Comprehensive Plan and Municipal Growth Element.  The City proposes the construction of a North South Parallel Road on the east side of Frederick through one portion of Tier 3.  In addition, the Tier 3/Outer Growth Boundary that surrounds the City includes thousands of acres of agricultural land which the City now deems eligible for annexation and development.  The construction of the Parallel Road would accelerate annexations and developments in Tier 3.  These and other developments in Tier 3 would involve the construction of thousands of residential units and hundreds of thousands of square feet of commercial space.  They would have massive impacts on public services and facilities and require huge taxpayer funded infrastructure investments to accommodate this growth.  The City did not offer the requisite analysis of these impacts and costs in its Comprehensive Plan.  

Our Position

FoFC has actively followed this issue with citizen letters to the city and county asking that the City and County “meet and confer” to clarify how the infrastructure on these large annexation agreements will be paid.

If you are interested in the correspondence please contact us:  240 529 1655, or jwiles@friendsoffrederickcounty.org.

Posted on 16 November 2009

Frederick City is poised to grow by more than 500 acres thanks to the recent annexation of two area farms, but the move remains controversial. While development advocate Bruce Dean, (left) a lawyer specializing in annexations with McEvoy & Dean, and other supporters say expanding the city’s boundaries is key to attracting good jobs, opponents such as Janice Wiles of Friends of Frederick County (right) worry about the impact of that expansion on schools, fire protection and other public services.

Point: The City of Frederick needs more land.

Bruce Dean – McEvoy & Dean

Washington-Baltimore is one of the few areas of the country expected to grow tremendously in the next 10 to 20 years. The fact is, growth is the reality. Annexing land located just outside of the city, to the north, for employment and mixed uses has been part of the long-term plans both for Frederick County and the city for years and years.

These annexations along U.S. 15 satisfy a specific, demonstrated city need — for large parcels of undeveloped land to accommodate large new employers seeking a campus-like environment. When completed, these annexations are expected to add between 7,000 and 8,000 good, white-collar jobs and will contribute significantly to the tax base. Creating places for this type of jobs so that more people can work here instead of traveling down I-270 for work is good for Frederick and its citizens.

For the people who oppose the annexations, I don’t think there’s much of an alternative plan beyond ‘no growth.’ To my knowledge, they’ve not recommended alternate locations for the type of large office campuses that the city needs to accommodate future growth and provide residents with opportunities to work, live and recreate in the city. The big thing that keeps coming up is traffic, that this annexation will make traffic worse.

If Frederick tries to keep people out, it won’t stop the growth — it’ll just push it farther out, to Pennsylvania, to Washington County, to West Virginia — and people will drive through here and the roads will still be clogged. The alternative, which I favor, and which is consistent with the Smart Growth principles that are so widely embraced in this state, is to provide places for people to work and live in Frederick at locations, such as these annexation sites, that can be efficiently served with public water and sewer facilities.

Counterpoint: We cannot grow our way out of our problems.

Janice Wiles – Friends of Frederick County

These annexations will raise our taxes, congest our roads and either overcrowd our schools or drain our personal coffers to pay for a new school. For the past two decades the sprawl development model has consumed more than 14 million acres of land in the U.S. and vastly changed the land around us in Frederick County. We cannot grow our way out of problems and in fact will create new problems. Not only does development on such scale fragment and destroy wildlife habitat, pollute our streams and pave over rich and productive farmland, it has a direct impact on our lives by creating more traffic.

Citizens are demanding a more common sense approach to growth that preserves open spaces, natural resources and farmland, promotes local businesses, and fosters modes of transportation that do not clog our roadways. Already inadequate and highly congested, and doing double duty as a local road for Frederick residents, U.S. 15 is one of the most dangerous roads in Maryland. The northern annexations will add 12,000 to 15,000 car trips per day to Route 15 and arterial roads.

Instead of annexed land that can be home to major employment campuses for large, Fortune 500 companies such as Bechtel, IBM, MedImmune, State Farm, and the like, Friends of Frederick County promotes local economic growth, based as much as possible on using our local goods and services. We imagine Frederick County’s urban areas and political leaders working together to learn to build our community assets incorporating sustainable agriculture, green building, renewable energy, community capital, zero-waste manufacturing and independent retail — all vital components of a “sustainable community.”

There is no evidence to support the claims that the Fortune 500 corporations would employ local Frederick residents. Meanwhile, studies such as www.livingeconomies.org show that by supporting local owned businesses – ones that can fit into the millions of square feet of office space available in Frederick City – we can also create jobs without compromising the environment.

Republished from 270 Inc Business Magazine.

I live on the corner of Peach Tree and Comus Road in Clarksburg, Maryland.  Our home is a 1920s Cape Cod style farm house situated on just over two acres of land with a perfect birds-eye view of Sugar Loaf Mountain.  There is a home down the road built in 1835.  It is an area that’s relatively quiet with the roads designated Rustic/Rural by the Montgomery County Government.  A six and one half story tall structure would diminish the bucolic setting this area provides to both Frederick and Montgomery County residents.

Our area has fought hard to protect other past proposed development projects including a garbage dump as well as a golf course more recently.  Each of these developments was rejected on the grounds of insufficient road capacity, inadequate water supply, and not keeping in harmony with the Agricultural Reserve’s landscape while protecting its precious natural resources.

The well water supply from our aquifer in this same area is very fragile to say the least.  Our home’s well yields a water flow (replentishment) rate of 2 & 1/4 gallons per minute with some neighbors getting an even smaller yield.  The property next to ours does not perk so they are unable to even build a house.

There’s a four way stop on our corner that frequently has cars running through the stop sign narrowly missing pedestrians and the bicyclists that pass this same corner.  It’s hard to imagine receiving a large majority of the cars associated with a church congregation that contains over 1,300 members.  Our road(Comus Rd) and Old One Hundred Rd.  are the two most direct roads that give east/west access from both I270 and Rt.355.  Most of the secondary roads that feed Comus and Old Hundred are so narrow that you practically have to hug the shoulder when meeting on-coming vehicles.

Although the Global Mission Church would fall within Frederick County property, it would by far impact Montgomery County’s roads and residents the most.  We deeply appreciate the fact that Frederick County took this fact as well as others into consideration when recently rejecting this development proposal and hope this will not change when their decision is appealed.

Sincerely,

Jeffrey G. Garrard