Frederick Planning Commission Meeting - November 14, 2022

The Frederick Planning Commission met on November 14, 2022, at 6:00 PM at City Hall in Frederick, Maryland. The commission approved minutes, a continuance, five final site plans, two forest conservation plans, and recommended approval of a zoning text amendment to add schools as a permitted use in the Professional Business (PB) district. All votes were unanimous (4-0) except the zoning amendment, which passed 3-1. New alternate Commissioner April Lee recused herself from voting on all items.

Consent Calendar

• Minutes: Approved the October 10, 2022 Planning Commission meeting minutes, the October 17, 2022 workshop minutes, and the November 10, 2022 pre-Planning Commission meeting minutes, all unanimously (4-0).
• Continuance: Approved a 60-day continuance for the East Pat Lofts final site plan (PC21-1431FSI) to January 9, 2023, due to a phase two archaeological study requiring further investigation and a resource management plan. Unanimous (4-0).

Public Comments & Testimony

• No members of the public provided comment on any agenda item.

Discussion Items

• PC22-654FSI – Pistarro’s Restaurant Building Addition: The applicant requested approval to relocate a 20’x40’ outdoor seating tent, construct a 940-square-foot addition (adding 56 year-round seats), and expand the front patio by 263 square feet (adding 10 seasonal seats) at 221 N East Street. Staff found the plan compliant with all applicable LMC articles. The commission discussed the 1% amenity requirement ($5,000–$6,000 estimated) and agreed to a condition requiring a cost estimate before building permit issuance. The final site plan was approved unanimously (4-0) with that condition.
• PC22-653FSI – Nicolock Building Expansion: The applicant sought approval for a 45,616-square-foot addition to the existing 54,767-square-foot industrial building at 8400 Progress Court, plus a modification to allow minor light spillage along Progress Court (Section 607E2). Staff recommended approval, citing compensating features (replacement of existing lights with energy-efficient LED downlights, enhanced landscaping). The commission considered the modification and found the spillage minimal and non-residential. The modification and final site plan were both approved unanimously (4-0) with a condition to note the modification approval date.
• PC22-631FSI – Tonix Parking Lot Relocation: The applicant requested approval to remove the existing parking lot and construct a new 68-space lot at 431 Aviation Drive, along with a modification to reduce the level one buffer requirement (Section 605) due to stormwater and utility constraints. Staff noted that parking lot screening (level two buffer) would be met with a hedgerow. The modification and final site plan were approved unanimously (4-0) with conditions to update notes and depict landscape credit areas.
• PC22-632FSCB – Tonix Parking Lot Relocation Forest Conservation Plan: The combined forest stand delineation and preliminary forest conservation plan was approved for the same site. The applicant revised the plan to include 0.67 acres of landscape credit areas, reducing the fee-in-lieu to about $1,000 for the remaining 0.08 acres. Approved unanimously (4-0) without conditions.
• PC22-292FSI – JT Motorsports Additions: The applicant sought approval for three additions totaling 12,250 square feet to the existing 16,518-square-foot building at 1557 Tilco Drive (motorcycle/ATV sales and service). Staff confirmed compliance with landscaping, street tree, and APFO requirements. The final site plan was approved unanimously (4-0) with two conditions: confirmation from FAA/MAA regarding air traffic hazards and updating notes with forest conservation plan approval date.
• PC22-293FSCB – JT Motorsports Forest Conservation Plan: The associated forest conservation plan was approved. The site is entirely impervious, so the 0.48-acre afforestation requirement was met through a fee-in-lieu of $5,848. Approved unanimously (4-0) without conditions.
• PC22-513FSI – 550 Highland (Two Warehouse/Distribution Buildings): The applicant proposed demolishing existing buildings and constructing two buildings totaling 452,080 square feet at 550 Highland Avenue, plus modifications to avoid connecting to a stub street from the adjacent Ren Quarter development (Section 601E1) and to allow minor light spillover (Section 607E2). The commission discussed the impracticality of connecting industrial to residential uses and accepted compensating features. Both modifications and the final site plan were approved unanimously (4-0) with six conditions, including FAA/MAA confirmation, labeling, and noting modification approvals.
• PC22-647ZTA – Zoning Text Amendment for Schools in PB District: The applicant requested a recommendation to the Mayor and Board of Aldermen to amend the Land Management Code to add “schools, public/private” as a permitted use in the Professional Business (PB) zoning district. Staff analysis found the amendment consistent with the comprehensive plan and existing codes, noting that schools generate traffic comparable to other permitted uses like daycare. The commission voted 3-1 to recommend approval, with one commissioner opposed. The recommendation now goes to the Mayor and Board of Aldermen.

Key Outcomes

• Approved (unanimous 4-0): Pistarro’s Restaurant final site plan; Nicolock Building Expansion (modification and final site plan); Tonix Parking Lot Relocation (modification and final site plan); Tonix Forest Conservation Plan; JT Motorsports final site plan; JT Motorsports Forest Conservation Plan; 550 Highland modifications (two) and final site plan.
• Recommended Approval (3-1): Zoning Text Amendment to allow schools in PB district, forwarded to Mayor and Board of Aldermen.
• Conditional Approvals: Multiple site plans include specific conditions (e.g., cost estimates, FAA confirmation, note revisions) as detailed in the discussion.
• No Public Comment: No citizens spoke during the public comment periods for any item.