RALE: Town center study underestimates increased traffic

Frederick News Post
Bethany Rodgers
11/28/2013
A report commissioned by Monrovia residents states that a transportation study for a proposed 1,510-home development in the area is riddled with flaws and underestimates the traffic that would be created by the new housing. The group of residents who oppose the Monrovia Town Center project has sent the analysis to officials with the Maryland State Highway Administration. The group, Residents Against Landsdale Expansion, also requested a meeting with state transportation officials before Frederick County commissioners begin deliberating on the town center project planned near Md. 75 and Md. 80. In his letter to the SHA, RALE’s president, Steve McKay, wrote that the development as planned would put drivers at risk. “It is difficult to imagine that there will not be serious adverse safety consequences that result from adding the amount of unmitigated traffic to Md. 75,” McKay wrote. “These safety concerns have been underscored by 11 hours of testimony by well over a hundred residents over the course of three nights before the Frederick County Planning Commission — many recounting first-hand accounts of severe traffic accidents on Md. 75.” After the series of recent meetings, the planning commission recommended approval of the developer’s request to rezone 457 acres from agriculture to planned unit development. The commission members also voted favorably on a proposed agreement between the county and developers.

Oath of office?

Frederick News Post
Russell Harris
11/22/2013
In my senior year at Virginia Tech, I joined the Order of the Engineer. As part of joining this group, I took an oath that states, “I am an engineer, I have an obligation. My obligation has become my desire. My desire is to apply the Golden Rule, our code of ethics, to the technical knowledge of the world by persuasion. My desire becomes the yardstick of my professionalism and lastly that my professionalism means to me that I will never again ask myself the question, ‘How much do I get out of it?’ but rather I will ask myself the question, ‘How much can I give?’ The symbol of the desire to be a giver is the Engineer’s Ring. The ring will say to all who see it, ‘Here is an engineer, possessed of a publicly avowed dedication to his profession and the public it serves.” Now I may be wrong, but I would imagine that public officials, such as the planning commissioners and the Board of County Commissioners, would take a similar oath in which they are appointed to serve the public and not themselves. As I watched and participated in the public hearing for the Monrovia Town Center, it did not seem that the planning commission was thinking about what was best for the public that they were appointed to serve, but perhaps what was best for them.

Commission votes favorably on Monrovia Town Center rezoning

Frederick News Post
Bethany Rodgers
11/21/2013
After three nights of public testimony, the Frederick County Planning Commission on Wednesday weighed in favorably on a rezoning request that would allow the advance of a 1,510-home project in Monrovia. Three members of the planning commission opposed a recommendation to approve the rezoning application filed by developers in the Monrovia Town Center project. Their “no” votes reflected their doubts that road networks around the proposed project could handle an influx of new residents. Four planning officials voted in favor of giving a positive recommendation to the rezoning request, saying the developers were meeting legal requirements with plans to fund transportation improvements. In a second decision, the planning officials voted 5-2 that a proposed agreement between the county and town center developers was consistent with the county’s overall growth plans. “For me, the main concern is the road network,” said Commissioner Dwaine Robbins, who cast an opposing vote on both matters. “It meets the letter of the law, but just in my gut, it don’t feel right.” The votes capped off a series of meetings that started last month and has drawn hundreds of Monrovia residents to Winchester Hall.

Vote set on Citizens, Montevue land next week

Frederick News Post
Jen Bondeson
11/19/2013
Frederick County commissioners could be forced to take a step backward in their mission to privatize Citizens Care and Rehabilitation Center and Montevue Assisted Living facility. The city of Frederick’s Zoning Board of Appeals is to make a final decision Nov. 26 on whether the city’s Planning Commission was justified in May when it approved the county’s request to subdivide the centers’ land. The county asked to split the 41-acre site into two parcels — one with Citizens and Montevue, and the other with the remaining buildings. The land must be subdivided to move forward with the sale of the centers. After the Planning Commission voted to subdivide the land, commissioners voted to privatize the centers. A planned sale to Millersville-based Aurora Health Management is not yet final.

Monrovia residents say impact fee elimination would be developer boon

Frederick News Post
Bethany Rodgers
11/17/2013
Critics of a 1,510-home project in Monrovia are asking whether talk of changing county growth policies will lead to letting developers off the hook for millions in school construction fees. The proposed Monrovia Town Center is projected to add 840 students to surrounding schools, and county law requires the developer to put up an estimated $20.6 million in impact fees to expand classroom space for the newcomers. Opponents of the Town Center project say the impact fees will fall far short of paying for even one new school. However, they also worry that if county officials eliminate impact fees, this developer contribution for schools will drop to zero. "Instead, the costs will be borne by county residents," Steve McKay, a Monrovia resident, testified at a recent public hearing. County officials and community stakeholders are set to start brainstorming next week on the best ways to deal with growth in the county. The group has formed amid discussion of eliminating the county's impact fees and replacing them with a transfer tax levied when properties are sold.

Unbalanced task force

Frederick News Post
Steve McKay
11/17/2013
Since Commissioners President Blaine Young announced his intent to rid the county of the dreaded impact fees, I have been trying to pay close attention to this subject. After all, those dreaded impact fees are an important source of funds to mitigate all of the massive infrastructure challenges being created by the county’s drive to develop, particularly here in south county. So it was with some concern that I read The News-Post’s article of Nov. 12 headlined “Afzali passed over for seat on growth task force.” In all my efforts fighting against the Monrovia development, I can count on one hand the politicians that have raised their voices in our support, and Delegate Kathy Afzali is one of them. She has been a vocal supporter in our fight against Monrovia Town Center, and against excessive growth in this part of the county. She and Delegate Michael Hough came out to our meeting in Urbana, and we had a very constructive exchange. She even stood up and testified against the development at the planning commission hearing. She is doing her job and representing her constituents — us! So I was dismayed at Sen. David Brinkley’s comments in the paper that day. First, I found the comments very unprofessional, considering that he was speaking about a fellow legislator from the same district and party. Beyond that, however, I was dismayed that he would choose Delegate Galen Clagett, someone so clearly aligned with the development community, to participate on this task force, which is already so clearly biased toward the developers. Make no mistake, this task force is going to recommend ways to make the developers pay less for the impacts that new developments have on our roads and schools. Who will make up the difference? You and me, the taxpayers. Blaine Young wants to abolish the impact fee. For Monrovia Town Center, that represents 60 percent of their contribution toward new schools. When the impact fee is gone, under the terms of the Developer Rights and Responsibilities Agreement they have proposed, the developer will be completely off the hook for over $20 million! Under cross-examination at the third of four days of planning commission hearings on Monrovia Town Center, the applicant’s attorney, Rand Weinberg, confirmed as much.

Proud of citizen involvement

Frederick News Post
Jan Gardner
11/10/2013
Congratulations to the hundreds of residents from the Monrovia area who have participated in the planning commission public hearings on the proposed Monrovia Town Center. This is “democracy in action.” Citizens have a right to be heard. Monrovia residents are raising their voices loudly but thoughtfully. They have done their homework, raised legitimate issues, asked honest questions and deserve to have their concerns discussed and addressed. I watched the planning commission meeting on Wednesday and was embarrassed and saddened by the mistreatment and rude behavior toward these citizens by the planning commission, specifically during cross-examination. Citizens deserve to be treated with dignity and respect even if they are presenting an opinion that planning commission members and the developers disagree with. Citizens should be welcome and encouraged to participate in their government. Unfortunately, citizens were ridiculed, shut down mid-sentence, and actively discouraged. I have watched hundreds of public hearings over the past 20 years and have never witnessed such negative treatment of the participating public.

Planning Commission hearing a debacle

Frederick News Post
Catherine Forrence
11/06/2013
Developers and their attorneys expect certainty in the land development process. Fair enough. We all like to know the rules of the game. Part of the zoning and subdivision process involves appearing before the Planning Commission. The Planning Commission’s Rules of Procedure provide certainty, and are issued to assist in the “orderly and efficient conduct of all matters with which the Commission is concerned.” Before the second public hearing on the Monrovia Town Center rezoning, I sent an email to the Frederick County Planning Commission and staff highlighting two sections of the Commission’s Rules of Procedure: §6.2 “Any person is entitled to appear and be heard by the Commission before it reaches a decision on any matter” and asked how cross-examination will be handled, as permitted by §6.9 “The Chairman will allow reasonable cross-examination of witnesses at a time and in a manner considered reasonable by the Chairman under the circumstances.” Prior to the Oct. 30 Monrovia Town Center hearing, I provided a copy of the Planning Commission’s Rules of Procedure to the Planning Commission’s chair, and asked whether the commission planned to follow their rules? No response. The county attorney announced the Planning Commission would not allow cross-examination, even though it is permitted by their rules! During the hearing that evening, a number of speakers asked and received no response from the commission when asked to follow their Rules of Procedure.

Dozens speak out on Monrovia Town Center

Frederick News Post
Bethany Rodgers
10/31/2013
Opponents of the proposed Monrovia Town Center were easy to spot at a public hearing Wednesday night — they were the ones wearing Snickers bars fastened to their shirts. The candy bars were a playful reference to a statement made last week by the developer's attorney, who said the proposed 1,510-home development would be a walkable community where people wouldn't need a car to go for a quart of milk or a Snickers. But speakers Wednesday said in their view, the town center is anything but a well-planned project. One Ijamsville resident said when he first moved to his neighborhood, a cloudless night would offer a crisp view of the Milky Way. Since then, light pollution from development in Urbana has obscured some of Wally Melnik's night sky. "If the current Monrovia proposal is approved, I doubt that the Milky Way will be visible at all, one of the many great qualities of life of our rural community, destroyed by a few greedy individuals," Melnik said. The hearing before the Frederick County Planning Commission was the second of three scheduled to allow public comment on the proposed development at the junction of Md. 75 and Md. 80. During a couple of hours of testimony, the speakers repeated many concerns voiced last week, when hundreds flooded Winchester Hall to weigh in on the development. Wednesday night's hearing closed out testimony on the developers' rezoning application. Jim Gugel, county planner, said there are 109 people signed up to comment on the second matter before the planning commission, a long-term agreement between town center developers and the county. Testimony on the drafted agreement is scheduled for Nov. 6.

Monrovia Town Center Hearing Packs Winchester Hall

WHAG
10/30/2013
It was a packed room at Winchester Hall Wednesday night, but despite emotions running high it was quiet. The public was instructed to wave hands, and refrain from cheering and clapping to keep the meeting running in a timely manner. The Planning Commission has heard comments from hundreds who are against the Monrovia Town Center, including more than 1,500 houses, as well as commercial properties. "They want to take basically 1,500 new homes, carve it out from the farmland and dump it next to our community. It's going to more than triple the size of our town," said Steven McKay of Monrovia, the president of Residents Against Landsdale Expansion. Residents are pushing for the Planning Commission to say no when they make a recommendation to the Frederick County Board of Commissioners on November 20th. "I'm for sustainable growth, but not over development. Our roads can't take the heavy traffic, there dangerous, now our schools are overcrowded," said Monrovia Resident Stan Mordensky. Hundreds of residents echoed the same concerns, the local schools already over crowded and the roads in no condition for increased traffic.

Maryland planning official says state not responsible for town center density

Frederick News Post
Bethany Rodgers
10/29/2013
Maryland planners are looking to correct the record after a Frederick County official said state smart growth rules are determining the density of a controversial 1,510-home development in Monrovia. The state does not control local growth decisions or decide the compactness of particular housing projects, a Maryland Department of Planning official wrote in an email to the Frederick County Planning Commission. The email’s author sent the correspondence to address “incorrect statements” made at a Wednesday hearing on the proposed Monrovia Town Center. During several hours of public testimony, some speakers objected to the dense housing arrangement planned for the town center and said they would prefer homes spaced out on 1- to 2-acre lots. Planning Commissioner Bill Hopwood responded that the state discourages these large-lot developments. He mentioned that the commission must follow Maryland mandates and said “five, 10 houses an acre, this is what the state tells us they want.” Not so, wrote David Cotton, of the state planning department. “The state has no authority over local zoning. The densities proposed for the Monrovia Town Center project are the result of local zoning and market forces,” wrote Cotton, western Maryland regional planner.

Proposed Monrovia Town Center draws crowds to county hearing

Frederick News Post
Bethany Rodgers
10/24/2013
Dottie Hoffacker has lived in Frederick County since sixth grade but said if officials allow a 1,510-home development near her home, “I’m out.” She and her husband aren’t surprised that more homes are coming to Monrovia. Though they would love to “keep the cows and keep the corn” that characterize their community, they said growth is inevitable. But they said the proposed Monrovia Town Center would overwhelm their network of rural roads and crowd their local schools. The couple, their two children and more than 60 others stood on a chilly sidewalk Wednesday outside Winchester Hall to protest the development. Later, as the Frederick County Planning Commission began considering the proposed town center, rally attendees and many others crowded inside, filling the 204-person hearing room and spilling into overflow areas. The speaker sign-up sheets grew to more than 150 names, and county officials said they’d likely need a second hearing to conclude public testimony. After hearing all speakers, the planning commission will decide whether to recommend approval of the project’s rezoning request. The commission members will also evaluate a drafted long-term agreement between the county and developers. Lawrence said speakers who were unable to address the planning commission Wednesday can testify at an Oct. 30 hearing.

A missing balance

Frederick News Post
Fred Ugast
10/23/2013
The Frederick County Planning Commission will hold a public hearing at Winchester Hall this evening regarding the proposed Monrovia Town Center development at the intersection of Md. 75 and Md. 80 in the southeast portion of the county. The hearing before the planning commission is the penultimate step in the approval process for a 25-year Development Rights and responsibilities Agreement that will allow for the construction of 1,510 new dwelling units and a small commercial center just west of Md. 75. Coupled with the already approved 1,100-unit Lansdale project adjacent and just west of the proposed Monrovia Town Center, this quiet area of rural subdivisions and large lots is projected to grow from a population of around 700 within a 1-mile radius to over 7,700. If approved, the character of the area will certainly be transformed. Some residents undoubtedly would prefer to leave things the way they are and it’s hard to blame them for feeling that they have no say in something that could profoundly change their everyday lives.

City's appeal board reconsidering Citizens, Montevue subdivision

Frederick News Post
Jen Bondeson
10/23/2013
The members of Frederick’s Zoning Board of Appeals are considering whether to reverse the city Planning Commission’s decision to subdivide Citizens Care and Rehabilitation Center and Montevue Assisted Living Facility. Subdividing the land allows the Board of County Commissioners to proceed with selling it and privatize the centers. On Tuesday night, the board heard a May 7 appeal of the Planning Commission decision from Frederick law firm Powell Flynn, filed on behalf of Janie Denn and Kathleen Murphy, who live near the centers, and Charles Trunk III, former chairman of the Citizens and Montevue board of trustees. But no decisions were made Tuesday; the board continued the item to another hearing. About 40 residents attended the appeal hearing, often scoffing when the county and city attorneys spoke. On behalf of the appellants, attorney Paul Flynn of Powell Flynn said Tuesday that when considering the subdivision request, the Planning Commission should have considered the potential sale of the land, and should have realized the impact the subdivision and sale would have on the community. The county’s application was also incomplete at the time the commission approved it, making it defective when filed, Flynn said. When approving the subdivision, the Planning Commission members stated that, because they were approving a subdivision request only, the potential sale and use of the land were not in their purview. The Planning Commission made several errors regarding their analysis of the case, Zoning Board of Appeals chair Jim Racheff said. Racheff said the commission never bothered to ask the intent of the subdivision, and it seems from their testimony that they did not feel they were allowed. Because they did not think they could ask of the intent, “they just simply didn’t consider any of these elements” of whether there are mitigating factors on the impact of the land. Racheff said that the Planning Commission erred when considering the code. There should have been a lot more delving into the issue, said board member Gail Colby.

Young describes closed-session votes on Monrovia

Frederick News Post
Bethany Rodgers
10/15/2011
County Commissioners President Blaine Young says if he’d had his way three years ago, the proposed Monrovia Town Center development might be smaller and sit next to a large tract of agriculturally preserved land. To top it off, a multimillion-dollar lawsuit against the county might not be simmering in federal court, he says. The 1,510-home project now moving through the public hearing process has caused a stir in the Monrovia area, whose residents argue the planned development would overburden their roads and schools. Moreover, some say the opinions of current Monrovia residents haven’t played a significant role in county decisions that will reshape their community. Young asserts that the project has been years in the making, and waves of public officials have targeted the Monrovia area as an appropriate venue for Frederick County’s future growth. The last county board, led by Commissioners President Jan Gardner, missed an opportunity to limit the number of homes in the town center and resolve ongoing litigation against the county, he said. “This could’ve been settled by the previous board,” Young said after describing closed-session votes under the Gardner board. Citizen activists say Young’s descriptions of past closed-door decisions amount to nothing more than blame-shifting. “He’s pointing the finger now, trying to sway people to believe it was other people that put him in this position,” said Amy Reyes, vice president of Residents Against Landsdale Expansion, a group of town center opponents. According to Young, in the first half of 2010, the commissioners were discussing a $50 million lawsuit filed against the county by the developers, 75-80 Properties LLC and Payne Investments LLC. In a closed session on April 1, 2010, the commissioners talked about allowing between 825 and 875 units on the property as long as the developer agreed to place an agricultural easement on property to the east of Md. 75, Young said. While he and Commissioner Kai Hagen supported making the proffer, Gardner and commissioners John L. “Lennie” Thompson Jr. and David Gray opposed it, he said. Young said the vote shows that even Hagen, who is “always seen as the foremost guru on planning,” recognized that housing growth would come to Monrovia. Hagen doesn’t want to get into a back-and-forth over the details of a closed-session vote, he said, but he doesn’t trust Young’s characterization of the decision. While he was open-minded about the town center project, he ultimately concluded that the local infrastructure wasn’t sufficient to accommodate the development, he said. The proposed town center site was among the areas that lost growth potential under the comprehensive plan adopted by the Gardner board, Hagen noted. Young was the only commissioner to vote against that long-range growth planning document. Hagen added that a closed-session vote on a lawsuit is a far cry from backing a development plan. “(Young) is mischaracterizing a thorough, honest process of gathering information and fully understanding the costs and impacts of the development with vacillating on the issue,” Hagen said.

Monrovia Town Center opponents scrutinize [Blaine] Young’s campaign donations

Frederick News Post
Bethany Rodgers
10/09/2013
Opponents of a proposed 1,510-home project in Monrovia are raising questions about campaign contributions that Commissioners President Blaine Young has accepted from companies linked to the developers. Donations totaling $28,000 poured into Young’s campaign coffers Oct. 29, 2012, from seven companies whose resident agent is helping head up the Monrovia Town Center project. The same day, the campaign received an additional $3,000 from 75-80 Dragway Inc., a company that owns some of the property slated for development. As county officials prepare to hold an Oct. 23 hearing on the project, residents around the 457-acre site are crying foul. “I think it’s a gross conflict of interests, and it’s been one since that donation took place,” said Steve McKay, president of Residents Against Landsdale Expansion, a citizens group that has vocally protested the town center plans. McKay’s group argues the town center would destroy Monrovia’s rural character and says the local roads and schools cannot support hundreds of new homes. While the donations to Young’s campaign were legal, McKay noted that they came a couple of weeks before town center developers, 75-80 Properties LLC and Payne Investments LLC, turned in the rezoning applications for their project.

Monrovia Town Center opponents scrutinize [Blaine] Young's campaign donations

Frederick News Post
Bethany Rodgers
10/09/2013
Opponents of a proposed 1,510-home project in Monrovia are raising questions about campaign contributions that Commissioners President Blaine Young has accepted from companies linked to the developers. Donations totaling $28,000 poured into Young’s campaign coffers Oct. 29, 2012, from seven companies whose resident agent is helping head up the Monrovia Town Center project. The same day, the campaign received an additional $3,000 from 75-80 Dragway Inc., a company that owns some of the property slated for development. As county officials prepare to hold an Oct. 23 hearing on the project, residents around the 457-acre site are crying foul. “I think it’s a gross conflict of interests, and it’s been one since that donation took place,” said Steve McKay, president of Residents Against Landsdale Expansion, a citizens group that has vocally protested the town center plans. McKay’s group argues the town center would destroy Monrovia’s rural character and says the local roads and schools cannot support hundreds of new homes. While the donations to Young’s campaign were legal, McKay noted that they came a couple of weeks before town center developers, 75-80 Properties LLC and Payne Investments LLC, turned in the rezoning applications for their project.

Frederick’s Next Dead Mall

Frederick Gorilla
Matt Edens
09/30/2013
Well, that’s settled: We’re getting another Walmart. In July, the Board of Aldermen approved the controversial rezoning that will make way for a new Walmart Supercenter in the middle of what was once Frederick Towne Mall. Opinions varied widely in the often acrimonious debate leading up to the vote. The most outspoken proponents promised that the big box retailer would be the boost the area needs to reclaim its past glory as a shopping destination. Meanwhile, the direst opponents painted the supercenter’s grand opening as a dark day that would bring the Golden Mile — and maybe America — one step closer to oblivion. By and large, I doubt either prediction will come to fruition. In fact, that’s primarily why I opposed the rezoning. Choosing general commercial over the mixed-use model that’s been the key component of at least half a dozen successful shopping center makeovers in the region essentially preserves the status quo. In fact, I’d be willing to wager that in 10 years the Golden Mile will remain what it is today: a struggling retail strip, albeit one with a Walmart. I doubt it will have a Kmart, however.

Citizens Group Raises Concerns About Residential Development

WFMD
Kevin McManus
09/29/2013
The discussion over 8300 new homes planned for the Monrovia is heating up. Members of Residents Against Landsdale Expansion say they're worried about that many homes in their neighborhood. which they say it could increase traffic on Route 75, which can't handle it, and overcrowd area schools. RALE President Steve McKay also says he's worried about a campaign contribution to Frederick County Commissioners' President Blaine Young during the 2010 election. McKay says the developer of the Monrovia Town Center, his wife, and four limited liability companies gave a total of $24,000 to Young's campaign. Two weeks later, the developer filed an application for the project. "When you can so specifically tie a contributor with a development application, that may make a world of difference legally, but I don't think it makes a wit of difference to people on the outside looking in who say 'hey, that's a conflicted situation.'" McKay says. He notes it's legal, but it's not ethical. RALE asks in a news release whether there's a conflict of interest when Young accepts money from a developer whose application he will preside over.

Frederick County group eyes farm growth rights

Frederick News Post
Bethany Rodgers
09/242013
The nine people charged with designing a market for selling farm growth rights agree that the new program should be straightforward and promote agricultural preservation. Reaching consensus on the details could be another matter, and time is in short supply. County commissioners gave the work group a November deadline for hammering out a proposed transfer of development rights program. While the group spent its first three meetings discussing options for the program, they still have some knotty issues to untangle, such as whether shifting growth rights would actually increase development rather than preserve farmland. A TDR program allows farmers to sell their subdivision rights to other property owners.