The Frederick County Council has taken up a number of issues over the past month including making it easier for families to install in-law apartments, creating a new distance setback for building near a stream, providing a framework for county farmer’s markets, and a vigorous hearing on whether to allow a 55 and over retirement community in Linganore.

The first issue is there is the issue of in-law suites. Currently, construction of in-law suites can trigger an oppressive penalty if the new units end up between 800-1000 square feet by imposition of a nearly $8,000 school impact fee. In-law suites that are under 800 square feet do not trigger imposition of the punitive impact fee. Especially in these trying times, families who want to be together should be allowed to be without financial penalty, and we should be encouraging these types of units to be built. The County Council passed this change; however the County Executive has threatened to make this the first bill to be vetoed in Frederick County history. It is my hope that this initiative can become law, and we can encourage the use of this type of affordable housing.

On the stream setbacks, the County Council decided to essentially extend a water body buffer so that building must occur even further back than the current distances (125 or 150 feet). I did not support this proposal. In my view, the current setbacks are sufficient and it was not persuasively argued that adding additional setbacks was anything other than done for superficial reasons. Additionally, in my view, it shows a disregard for property rights of the owners of the property along waterways. There is a real danger of property rights creep. There was no explicit rationale for the magic of extending the buffer, therefore the danger is that there could be continual extensions of the buffer with the justification that more is better. Unfortunately, the bill passed over my objections.

On the good news front, the County Council is on the verge of approving farmer’s markets to be set up in the county. We are fortunate to have many farmer’s markets within the municipalities and towns in Frederick County. Now, our farmers will have additional options for using areas outside of the towns in the county to open farmer’s markets. This is one small way to help the agricultural community.

Finally, with regard to senior communities. Currently we have a great need in Frederick County to provide senior housing and senior communities. I hear from constituents weekly that have decided to move to Pennsylvania to enjoy retirement communities there, even though they may have been long term Frederick County residents. There was an opportunity to locate a community near Interstate 70 in Linganore. Additionally, this development will pay for a major connector road in the Linganore community which will help mobility on the east side of the county. The Council voted to require the road to be built with private funds before any dwellings in this community are put in.