Frederick Planning Commission Meeting - December 12, 2022
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Frederick Planning Commission Meeting - December 12, 2022
The Planning Commission met on December 12, 2022, at 6:00 PM in City Hall (101 North Court Street) to consider a full agenda including multiple development projects, modifications, and a zoning map amendment. The meeting, held in hybrid format with Chair Nicholas joining virtually and other commissioners in person, resulted in approvals for all consent items, continuances, and most new business items. Public comment was heard on several applications.
Announcements
- Planning Department open house on December 14, 5:30-7 PM at Municipal Annex (140 W Patrick St) for East Street Corridor form-based code follow-up.
- Next Planning Commission workshop on December 19 at 2 PM in City Hall.
- Citywide planning department community outreach meeting same evening at 6 PM in City Hall.
Minutes
- Approved the November 14, 2022 meeting minutes unanimously.
- Approved the November 21, 2022 workshop minutes unanimously.
- Approved the December 9, 2022 pre-planning commission meeting minutes unanimously.
Consent Calendar
- Unanimously approved continuances for PC18-791FSU (Final Plat) and PC18-792FSI (Final Site Plan) for 417 W. Patrick Street to January 9, 2023, to allow applicant additional time for resubmittal.
- Unanimously approved the 2023-2024 Planning Commission Deadline Schedule (Standard Track and Extended Track) as presented by staff.
Public Comments & Testimony
- William Weller, President of Willow Road Residents Association (Homewood at Frederick): Expressed concern about increased traffic on Willowbrook Road due to Bloomfields development. Requested a stop sign for southbound traffic or a traffic circle at Willow Road and Willowbrook intersection to improve safety for elderly residents. Noted the existing circle in the Bloomfields plan and asked for similar treatment at that intersection.
- Applicant response: Recognized the concern, noted environmental constraints for a roundabout at that location, and offered to work with the city and county to install a stop sign in the interim. Future phase two of Willowbrook Road expansion may address the issue.
- Mary Lou Stone, 7738 Kemp Lane: Expressed concern over traffic on Kemp Lane, currently horrendous due to construction. Urged that the extension of Christopher Crossing from Rocky Springs to Kemp Lane be constructed first when developing the Barrick property, before any other construction.
- Applicant response: Noted that with the revised plan, Christopher's Crossing has been moved up to the second phase, which will be earlier than originally planned. Timing will depend on city CIP.
- Todd Offitt, owner of 1700 Atlas Drive: Opposed the historic preservation overlay (HPO) application, stating the process felt rushed and uncoordinated. Noted that the Maryland Historical Trust determined the property is not eligible for the National Register after being moved. He argued the building lost historic integrity (stone foundation replaced, windows replaced, chimneys rebuilt, setting changed by development). He expressed a willingness to restore the structure as a residence but objected to the city's timeline and lack of outreach. He asked for collaboration rather than imposition.
- City staff response: Clarified that the MHT determination was for a different program and did not reflect on the city's HPO efforts. The owner plans to restore the building as a residence.
Discussion Items
- PC22-731FSI – Black Hog, 118 S Market Street: Applicant David Ling (Ling Property Consulting) requested approval for a 1,985 sq ft rear addition to expand kitchen and dining room, and establish rooftop dining. Historic Preservation Commission approval already obtained. No additional parking required due to downtown location. One percent project cost for landscaping/amenities to be verified at building permit. Exempt from APFO road/water/sewer testing. Staff recommended approval with three conditions.
- Vote: Unanimous approval.
- PC22-405FSI – 8401 Progress Court: Applicant Chris Rabb (property owner) and Sean Benjamins requested approval for a 22,830 sq ft office/warehouse building on Progress Court. Use consistent with adjoining industrial areas. Airport overlay approval received from MAA/FAA. Exempt from road APFO. Required 9% pro-rata share ($1,390.78) for signal at Monocacy Boulevard and Progress Court. Staff recommended approval with four conditions.
- Vote: Unanimous approval.
- PC22-743FSI – Oxford Monocacy: Applicant (Bruce Dean, attorney, with Joe Cologero, Jonathan Pembroke, Mike Moroni, Fran Zeller) requested approval for three two-story buildings (480,000 total sq ft) for life science uses. Requested modifications for access management (separation distance reduction to 296 ft), parking area lighting (spillover up to 0.5 foot candles), and landscaping (eliminate 46 trees along property lines due to retaining walls). Also requested a finding of road adequacy under APFO for the Monocacy Boulevard/I-70 westbound ramps intersection, where buildings preclude improvements. Applicant proposed $636,000 in contributions to seven regional road improvements, including $43,598 toward widening Monocacy Boulevard to four lanes between Storage Way and South Street (CIP FY25). Staff recommended approval of all modifications and road adequacy finding, plus approval of site plan with 16 conditions.
- Votes: (1) Modification for lighting – unanimous; (2) Modification for landscaping – unanimous; (3) Modification for access separation – unanimous; (4) Finding of road adequacy – unanimous; (5) Approval of site plan with 16 conditions – unanimous.
- PC22-744FSCB – Oxford Monocacy Forest Conservation: Applicant requested combined forest stand delineation and preliminary forest conservation plan. No existing forest on site; required 4.09 acres of afforestation. Applicant proposed 1.55 acres of on-site planting, 0.82 acres street tree credit, and $22,476.96 fee-in-lieu for remaining 1.72 acres. Staff recommended approval with six conditions.
- Vote: Unanimous approval.
- PC22-398PSU/FSI – Bloomfields Sections 3 & 5: Applicant Craig Wallslavin (Rogers Consulting) and Krista Davison requested combined preliminary plat and final site plan for 152.3 acres, 310 single-family detached units and 21 cottage units, age-restricted development. Requested modification to access management for three street intersection distances (reduced from 150 ft to between 32 and 86 ft). Issues with driveway access to Lot 1 (Crum's Consort) resolved via easement or fee simple. Parkland dedication of ~8.58 acres as linear park received positive recommendation from Parks and Rec Commission. Staff recommended approval of modification and combined plat/site plan with eight conditions.
- Votes: (1) Modification for access management – unanimous; (2) Approval of combined preliminary plat and final site plan – unanimous.
- PC22-643FSI – DNK Health Properties, 94 Worman's Mill Court: Applicant Mary Patton (Fox and Associates) requested approval for a two-story, 16,020 sq ft building for pharmaceutical manufacturing and office. Requested three modifications: small loading space (9x20 ft vs 12x50 ft), lighting spillover modification, and level one buffer modification (allowing hedge and relocating trees due to stormwater swale). Staff recommended approval of all modifications and site plan with three conditions.
- Votes: (1) Loading modification – unanimous; (2) Lighting modification – unanimous; (3) Buffer modification – unanimous; (4) Final site plan approval – unanimous.
- PC22-644FSCB – DNK Health Properties Forest Conservation: No forest on site; 0.2 acres planting required. Applicant proposed three street trees (0.03 acres) and $2,221.56 fee-in-lieu for remaining 0.17 acres. Staff recommended unconditional approval.
- Vote: Unanimous approval.
- PC22-514PND – Barrick Property Master Plan Revision (First Public Hearing): Applicant Chris Mariga (Harris Mariga) requested revision to reduce units from 301 to 274, change mix (eliminate zero-lot-line and multifamily reductions), and requested modifications to bulk dimensional requirements, driveway coverage (waive 30% max for townhomes), and city street standard details. Staff presented findings that there is no increase in density or intensity (slight decrease in school students from 98.56 to 95.96; no increase in trip generation, water/sewer flow). Project is exempt from APFO and MPDU requirements due to pre-2007 master plan approval. No staff recommendation at this first hearing; will return for second hearing.
- No vote taken; continued to future meeting.
- PC22-950ZMA – Zoning Map Amendment for 1700 Atlas Drive: Staff requested recommendation to Mayor and Board of Aldermen to apply Historic Preservation Overlay (HPO) on 0.167 acres for the circa 1800 mill house. Building moved 140 ft in 2016; HPO does not automatically transfer. HPC unanimously recommended approval on October 27, 2022. Staff found structure eligible under criteria D1 (design/construction significance) and consistent with comprehensive plan. Owner Todd Offitt opposed, citing loss of integrity due to move, MHT ineligibility for National Register, and rushed process. He intends to restore as residence.
- Vote: Unanimous approval to recommend HPO to Mayor and Board of Aldermen.
Key Outcomes
- All consent items, continuances, and miscellaneous approvals passed unanimously.
- All new business items (Black Hog, 8401 Progress Court, Oxford Monocacy FSI and FSCB, Bloomfields Sections 3&5, DNK Health Properties FSI and FSCB) were approved unanimously.
- The Barrick Property master plan revision was introduced as a first hearing; no action taken; will return for second hearing.
- The Zoning Map Amendment for 1700 Atlas Drive was approved unanimously for recommendation to the Mayor and Board of Aldermen.
- Several modifications to Land Management Code sections were approved as part of the projects: access management, landscaping, parking lighting, loading spaces, and street standard details.
- Road adequacy finding was made for Oxford Monocacy at the Monocacy Boulevard/I-70 westbound ramps intersection under APFO Section 4-14 C3, acknowledging that improvements are precluded by existing structures but applicant provided maximum mitigation.
Meeting Transcript
It's almost six o'clock and here we microphone. Can you hear us? Yes, I can. Uh, the meeting for the first time as a hybrid kind of a meeting, with me being um with with all of you virtually, and the rest of the commissioners are in person in City Hall. So I'm going to ask the commissioners. Um, we will continue to do the roll calls as we typically do. And if you would just make a little thing with your hand saying that you would like to speak, um, I think that that would let us all know that you are going to speak next. So we'll see how that goes. So before beginning tonight's proceedings, I like to give a little bit of background of the planning commission and the procedures that we will be following. Members of the planning commission are all residents of the city and our volunteers appointed by the mayor and board of Alderman. The commission is made up of five regular members and one alternate. Its powers and duties are assigned by the charter of the City of Frederick and described in section two zero two of the land management code. In support of the planning commission, staff members from the city's planning, engineering, and legal departments are in attendance. The commission questioning of staff, applicant or authorized agents remarks, the commission questioning of the applicant or authorized agent, public comment, applicant, rebuttal to public comment, commission discussion, and questions for staff, and finally the commission action. So now anyone wishing to speak publicly tonight regarding any application must be sworn in prior to giving their remarks. All speakers must begin by providing their name and address for the record. Anyone speaking that was not previously sworn shall so acknowledge and thusly be individually sworn in at that time. So at this time, I ask that anyone that anticipates, anticipates giving comment or testimony tonight, including the staff, the applicants, and anyone from the public. Please stand to be sworn in. And if you would raise your right hand, do you solemnly swear or affirm that the responses given in statements made in this hearing before the planning commission will be the whole truth and nothing but the truth? If so, answer I do. Okay. Great. So our first order of business are the announcements. I'll turn it over to Gabrielle. Thank you very much. Just a couple of announcements this evening. This Wednesday, the 14th from 5 30 to 7 p.m. The planning department is holding an open house in the conference room at the municipal annex office building, which is at 140 West Patrick Street. And that's a follow-up to the East Street Corridor form-based code discussion. It's an open house based on the final report of that. And that uh charette was held over the summer, so it's a follow-up to that meeting. Uh the next planning commission workshop is on Monday, the 19th, uh, 2 p.m. here at City Hall, and that will be broadcasted on channel 99 and on the public's uh city's public meeting page. And our backup is already online for any um one who's interested to see what items are coming up on workshop. And then lastly, uh that same evening, the citywide planning department community outreach meeting is also being held, and that will be at 6 p.m. held in this room also, and that is also uh available to view on channel 99 and the city's web page, but public participation is taken here at City Hall. And that's all I had. Thank you. Okay, and thank you. So now we'll go to the minutes. Looking for a motion for the November 14th, 2022 planning commission meeting minutes. I move for approval of the November 14th, 2022 planning commission meeting minutes. Second. Okay, that is a motion by Commissioner Strawsson, second by Commissioner Beattie. All those in favor. Aye. Aye. Aye. That is unanimous.
openpublica.com