Frederick Mayor and Board of Aldermen Public Meeting – September 21, 2023

The Mayor and Board of Aldermen held a public meeting on September 21, 2023, at 7:00 PM in City Hall. The meeting included approval of routine minutes, a public hearing on three agenda items, appointments, and aldermanic comments. The key debate centered on a proposed text amendment to the Carroll Creek Overlay District (CCO) to increase residential density.

Consent Calendar

• Approval of Minutes (July 20, 2023) – Approved 5-0.
• Appointments Approved:
  • Stephen Colar to the Zoning Board of Appeals (alternate, term September 22, 2023 – September 21, 2026) – Approved 5-0.
  • Rob Fox reappointed to Parks and Recreation Commission (three-year term) – Approved 5-0.
  • Mark Lawrence reappointed to Parks and Recreation Commission (three-year term) – Approved 5-0.

Public Comments & Testimony

• First Public Comment Period: No speakers.
• Second Public Comment Period: No speakers.
• Public Hearing on Carroll Creek Overlay (Item 3): Two members of the public testified:
  • Kara Norman (Downtown Frederick Partnership) – Expressed strong support for the text amendment, citing the 2017 Live Downtown study showing development was not financially viable under current density limits. She argued that increased density is consistent with the comprehensive plan, would create smaller more affordable units, and help connect East Street to the Brickworks site. She also noted the partnership had worked on CCO amendments since before the pandemic.
  • Barb Nicholas (Citizens Way) – Supported removing the density penalty (60 to 75 units/acre) but opposed the additional density bonus linked to structured parking (doubling to 150 units/acre). She argued that the bonus would pressure the city to expand such density citywide without proper analysis, and that structured parking is not optional at 75 units/acre.

Discussion Items

• Water Valve Bolt Replacement (Item 1): Contract with Mid Atlantic Utilities, Inc. for $225,000 in Worman’s Mill. Staff explained the work would prevent water waste from failing valves. Approved 5-0 without discussion.
• Pump Track at Hill Street Park (Item 2): Two MOUs: (a) Accept $150,000 grant from Maryland Department of Transportation (Recreation Trails Program) for a 100’x100’ paved pump track; (b) Partner with Mid-Atlantic Off-Road Enthusiasts (MORE) for $41,000 match. Key points: asphalt track requires almost no maintenance, accessible to all wheeled users, complements skate park redevelopment. MORE has 9 months to raise the match. Alderman Russell asked about the project origin and placement. Approved 5-0 each.
• Carroll Creek Overlay Text Amendment (Item 3): Proposed amendment to Section 420 of the Land Management Code to:
  1. Remove the density penalty (currently 60 units/acre, with three conditions to reach 75 units/acre) so that properties in the CCO with DB zoning automatically have the base 75 units/acre – consistent with the comprehensive plan.
  2. Allow an additional density bonus: for each parking space provided in a structured parking deck that meets design standards, one additional dwelling unit (up to 100% of base density, i.e., 150 units/acre), but not combined with MPDU bonus.
  • Staff (Gabrielle) recapped the proposal. The Planning Commission recommended only the first part (removing the penalty) by a 3-1 vote, rejecting the density bonus.
  • Applicant (Bruce Dean, Lisa Gradator, and developers) argued that the density restrictions have prevented development for 18 years; the amendment is needed to make structured parking financially feasible and to create smaller rental units. They emphasized that the parking requirement remains at the existing DB minimum (0.75 spaces/unit), and that the amendment is a balanced first step.
  • Aldermanic Debate:
    • Alderman Kazemchak expressed concern about the parking math: under the proposal, additional units beyond 75 do not require one full parking space per unit (only 0.75 like the base). She argued any increase should require one space per extra unit. She also noted the ad hoc parking committee is studying the issue, and that the amendment might exacerbate downtown parking problems.
    • Alderman Nash supported the application as a whole, emphasizing that the city needs more rental units downtown and that the market is shifting toward car-free living. She opposed requiring higher parking ratios for denser buildings, calling it counterproductive.
    • Alderman Russell supported the application, noting that the CCO is a unique area where the city has invested in the Linear Park and needs to see development. He acknowledged that higher parking requirements increase costs and reduce affordability.
    • Alderman Shackelford noted that the city’s comprehensive plan calls for increased density along the creek, and that the amendment is a step toward that vision. He also highlighted that many cities are reducing parking requirements, and the city should not be overly cautious.

Key Outcomes

• Item 1 (Water Valve Replacement) – Approved 5-0.
• Item 2 (Pump Track) – Both MOUs approved 5-0.
• Item 3 (Carroll Creek Overlay Amendment) – Approved 4-1 (Alderman Kazemchak opposed). The ordinance as presented includes both the removal of the density penalty and the density bonus for structured parking. No amendments were made to require one full parking space per additional unit.
• Mayor’s Comments: Announced a drought warning issued by the Maryland Department of the Environment; urged residents to conserve water.
• Aldermanic Comments:
  • Alderman Nash highlighted the ongoing charter review commission and encouraged public engagement.
  • Alderman Russell promoted Car-Free Day (September 22).
  • Alderman Kazemchak raised the issue of whether city employees should serve on city commissions that make recommendations to the board; requested future discussion.
  • Alderman Shackelford reported attending a Maryland Latino Caucus meeting at Waverly Elementary, emphasizing the need for equitable opportunities for all residents.
  • Alderman McShane supported a broader discussion about commission structures, terms, and membership consistency.

Next Steps: The approved text amendment will take effect upon second reading and publication (if required by ordinance). The pump track project will proceed once MORE meets its fundraising obligation within nine months. The mayor’s ad hoc parking committee will continue its work.