Frederick Planning Commission Meeting - February 13, 2023

The Frederick Planning Commission met on February 13, 2023, at 6:00 p.m. in City Hall. The commission approved several final site plans, modifications, and a forest conservation plan, and conducted a training session on quasi-judicial procedures. All votes were unanimous unless otherwise noted.

Consent Calendar

• Approved the January 9, 2023, Planning Commission meeting minutes.
• Approved the January 17, 2023, Planning Commission workshop minutes.
• Approved the February 10, 2023, pre-Planning Commission meeting minutes.

Discussion Items

A. Frederick County Animal Control Center Renovation & Expansion (PC22-926FSI)

The applicant requested approval of a final site plan for a 7,958-square-foot addition (total 20,619 sq ft) and renovation of the existing animal control facility at 1832 Rosemont Avenue. The project will add eight parking spaces (total 52), including two EV charging stations, and improve pedestrian access. Staff recommended approval, finding compliance with LMC Articles 4–8 and the 2020 Comprehensive Plan. Commissioner MacShane recused himself due to missing the presentation; Commissioner Lee (alternate) voted in his place. The commission approved the plan unanimously (4-0) with two conditions: adding case 22-742 HPC to the project history and noting the approval date.

B. SECU Remote ATM at Monocacy (PC22-919FSI)

The applicant sought final site plan approval for a standalone ATM in the Shops at Monocacy parking lot (1700 Kingfisher Drive), along with a modification to Section 808(d) of the LMC (buffer requirements). Staff found the modification met criteria for not being contrary to code intent, consistency with the comprehensive plan, and compensating design features (proposed shrubs). The commission unanimously approved the modification and the site plan, with a condition to add the modification approval date.

C. Prospect Hall Final Site Plan (PC21-334FSI)

The applicant proposed renovating the historic mansion at 889 Butterfly Lane for use as a reception facility and recreation/social service center. Three modifications to parking standards were requested: (1) reduce access drive width from 24 to 20 feet; (2) reduce parking setback from 30 to 23 feet (north) and 19 feet (northeast) from property lines; (3) allow light spillover near the Butterfly Lane entrance for safety. Staff supported each modification, citing consistency with the comprehensive plan and compensating features (landscaping, lighting design). The commission approved all three modifications and the final site plan unanimously, with conditions including recording the right-of-way dedication and adding approval dates.

D. Prospect Hall Combined Forest Stand Delineation and Preliminary Forest Conservation Plan (PC21-550FSCB)

The applicant requested approval of a forest conservation plan and a modification to remove five specimen trees (over 25 inches DBH) to accommodate required parking. Staff found the modification warranted due to the historic property’s constraints and that the applicant would pay a fee-in-lieu of $4,312.44 for 0.33 acres of mitigation. The commission unanimously approved the modification and the forest conservation plan, with conditions to correct note numbers and add approval dates.

E. Renn Quarter Phase 3 Combined Preliminary Plat/Final Site Plan (PC22-1096PSU/FSI)

The applicant sought a revision to the previously approved Phase 3 plan to enlarge 12 townhome units from 20- to 24-foot lot widths, introducing a front-loaded one-car garage unit. The overall plan includes 75 units on 9.889 acres. Staff found the plan compliant with applicable LMC articles and the comprehensive plan. The commission unanimously approved the combined plat and site plan with conditions to add street profiles, verify acres, and update plan history.

F. Visitation Adaptive Reuse Final Site Plan (PC22-925FSI)

The applicant proposed a four-story, 33,100-square-foot building with seven multifamily units as part of the Visitation Adaptive Reuse project at 200 E. 2nd Street. The building height is 54 feet. Staff recommended approval, finding compliance with LMC Articles 4–8 and 12. The commission unanimously approved the site plan with conditions including execution of a cross-access easement and adding standard water/sewer notes.

Planning Commission Training Session

Commissioner MacShane recused himself from item A due to missing the presentation, leading to a discussion on abstaining versus recusing. Assistant City Attorney Scott Waxter conducted a training session covering:

• The quasi-judicial role of the commission and the three-tiered court review (error of law, sufficient evidence, reasonable mind).
• The relationship between the LMC and the Comprehensive Plan: the LMC incorporates the plan, and decisions based on the LMC are presumed consistent.
• Proper motion practice: making a motion to approve with separate supporting findings rather than embedding findings in the motion.
• Conflicts of interest and required recusals (financial, familial, etc.) versus discretionary recusals (lack of eligibility, inability to fairly judge).
• Abstentions: discouraged unless truly unable to decide; recusal allows alternate to vote.
• Open Meetings Act compliance: avoid serial email discussions; public deliberation only in noticed meetings.
• Ex parte communications: avoid discussing pending cases outside the hearing room.
• The commission also discussed the ability to recommend text amendments by forwarding a letter to the Mayor and Board of Aldermen.

Key Outcomes

• All development applications (A through F) were approved unanimously.
• Commissioner MacShane recused from item A; Commissioner Lee voted as alternate.
• The training session provided guidance on legal and ethical standards for decision-making.
• No public comments were received on any agenda item.