In September one county board will consider whether the PATH project is consistent with the county’s comprehensive plan; another will consider a zoning exception to permit a substation near Mount Airy. This “Kemptown” substation will be the terminus of a 275-mile transmission line from a coal-burning plant in West Virginia.No PATH energy is for us; it will pass through the county, headed farther east. But we’ll pay in loss of scenic views, lowered property values, and runoff from its 200-foot-wide right of way. Over 1,300 households near the Kemptown substation may also lose peace of mind, worrying that their water wells would be ruined if fire should cause a transformer meltdown.

We will pay plenty out of pocket, too. Federal law gives Allegheny a 14.3 percent return for PATH, paid by all customers, not just PATH users. It’s also ironic that we’re all paying already, through add-ons to our bills!

For example, Allegheny is recovering $2.1 million from us for its ads in 2008 and 2009 to sell us on PATH! So we’re paying to be lobbied for something that gives us no benefit — some deal!

NICHOLAS CARRERA

Urbana

http://www.fredericknewspost.com/sections/opinion/display_lte.htm?storyid=109340

Take the Survey!

Contact Friends of Frederick County to find out more about the Municipal Growth Plan process:  friends@friendsoffrederickcounty.org ref:  New Market MGE

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 problems associated with the “boom and bust” residential overbuilding in Frederick County have affected the lives of every school child and every motorist in Frederick County. 

Read the Truth about Residential Development, Our Taxes and Our Future.

Read the Truth about the Effects of Residential Development on our Schools.

Read the Truth about the Effects of Residential Development on our Roads.

“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

DOES FHS NEED A RENOVATION?

Post up to 3 photos with brief text on facebook wall at:

(http://bit.ly/friendsoffrederickcounty)

that show and tell why FHS needs a renovation.

Become a facebook fan, and sign up for FoFC’s newsletter to see winning photo.

Most convincing entry WINS  $30 OF RITA’S ICE CREAM

Entries accepted no later than 5pm May 28, 2010

Winner announced on facebook June 1, 2010.