Frederick Planning Commission Workshop – March 20, 2023
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Frederick Planning Commission Workshop – March 20, 2023
The Planning Commission held a workshop on March 20, 2023, at 2:00 PM at City Hall (101 North Court Street) to discuss several land use applications. The agenda included a text amendment for the Carroll Creek Overlay, architectural reviews, site plans, preliminary plats, and two annexation cases. Due to the lengthy agenda, the two annexation items (PC22-1018ANX and PC22-1017ANX) were automatically moved to the April 17 workshop, and the meeting was adjourned at 5:45 PM after partially covering the Frederick Airport Park preliminary plat.
Public Comments & Testimony
- Item 1 – Carroll Creek Overlay ZTA: Kara Norman (Downtown Frederick Partnership) spoke in support of increased density, citing the 2017 Live Downtown Frederick study that found financial viability issues under current regulations. She emphasized that the overlay contains large parcels, proximity to transit, and the need for smaller, more affordable units. Jim Smersal (downtown resident) commented that MPDU fee-in-lieu should not be an automatic option and that density regulations should align with building volume.
- Item 6 – Brooklawn Final Site Plan: Leslie Powell (attorney for Fairfield Condominium Association) urged the commission to consider a different primary access point directly from Carroll Parkway rather than through the existing Fairfield driveway, citing safety, maintenance, and fire access concerns. She also raised the issue of parkland ownership: the playground and gazebo areas are owned by a defunct entity (Brooklawn Limited Partnership), and the condominium owners have paid for maintenance for 30 years. She asked for a fair cost-sharing arrangement. Amanda Tolbard (Fairfield condo board member) echoed concerns about increased traffic, playground safety, and the financial burden on existing residents. Lois Gibson (Fairfield resident) highlighted the danger of the site’s proximity to Route 15 after a recent tanker fire and asked for a barrier. Mary Ann McLaughlin (Fairfield resident) expressed safety concerns about the narrow road and the playground’s proximity to the new road. Bill McLaughlin (Fairfield resident) suggested the playground could be moved to the other side of the site at the applicant’s expense. James Smersal (Fairfield condo owner) provided historical context using plats, noting that the water line loop was intended to be preserved and should not be abandoned; he also raised concerns about stormwater, sound walls, and MPDU requirements.
Discussion Items
- PC22-370ZTA – Carroll Creek Overlay Text Amendment (Applicant: McCurdy, Dean & Graditor): The applicant presented three development scenarios for a prototypical one-acre site to illustrate the relationship between density, unit size, and parking. Under current zoning (60 units/acre, 48-foot height), a four-story building with surface parking yields 60 units averaging 800 sq. ft. (scenario 1). By using structured parking and maximizing the building footprint, units would grow to 1,600 sq. ft. (scenario 2). The proposed amendment would allow up to 120 units/acre (scenario 3) with the same massing, provided parking is structured on-site, resulting in 0.75 spaces per unit. The applicant argued that the density cap discourages efficient use of sites and makes structured parking economically infeasible. Ken Warmald (Warmald Companies) presented a graph showing a “zone of feasibility” where increased density allows developers to spread costs and meet bank financing requirements. Commissioners discussed the disconnect between allowed massing and density, parking ratios, MPDU options, and the mobility fee district. Staff clarified that the amendment would not change height, setbacks, or design standards, and that all APFO, MPDU, parkland, and school impact requirements would still apply. The commission concluded the third workshop and will schedule a public hearing.
- PC13-195-11PND – Kellerton Land Bay B Architectural Review (Applicant: Keystone Custom Homes): The applicant presented a new single-family model (Magnolia) with five elevations, plus new elevations for two existing models. All were found to meet the five required design guideline elements. No questions from commissioners; staff confirmed compliance. The item was forwarded to a public hearing.
- PC14-913-08MU – Renn Quarter Architectural Review (Applicant: Harris Smariga & Associates): The applicant submitted six elevations for phase three, including three-story and two-story townhouse units. They met all five elements. Commissioners noted that the high-visibility label was an error. Staff confirmed no modifications needed. The item was forwarded to a public hearing.
- PC18-387-05MU – Bloomfields Architectural Review (Applicant: Rodgers Consulting): The applicant requested approval for a minor change to the rear door of the Grand Nassau model (from single to double door). No modifications were requested. The item was forwarded to a public hearing.
- PC22-1159FSI – Bloomfields Sewer Pump Station Final Site Plan (Applicant: Rodgers Consulting): The applicant presented a site plan for a single sewer pump station building with brick facade, black vinyl-coated chain-link fence, and landscaping screening. Commissioner Strawson suggested upgrading the fence to a more attractive type, given the proximity to homes. The applicant agreed to explore the option with Frederick County. The item was forwarded to a public hearing.
- PC22-1014FSI & PC22-1015FSCB – Brooklawn Final Site Plan and Combined Forest Stand Delineation/Preliminary Forest Conservation Plan (Applicant: Harris Smariga & Associates): The applicant proposed a 39-unit, three-story apartment building on a 2.485-acre parcel (zoned R-16). The site has been planned for multifamily development since the 1990s, with a stub road and access easements already in place. The applicant revised the plan to include a raised crosswalk for playground access and offered to contribute to maintenance of the adjacent playground and gazebo (which are owned by a defunct entity). A lighting modification was requested for three areas where light spillage slightly exceeds the zero-foot-candle standard at the property line. Staff noted that the project fails APFO testing for elementary and high schools, but the applicant can pay a fee to mitigate. The commission discussed traffic safety, parkland ownership, and water line looping. The applicant committed to exploring alternative access from Carroll Parkway and to work on a legal agreement for parkland maintenance. The item will be continued to the May workshop/hearing.
- PC22-1019PSU – Frederick Airport Park Preliminary Plat (Applicant: Harris Smariga & Associates): Due to time constraints, only brief discussion occurred. The applicant proposed consolidating 16 existing lots into three large lots for logistics, office, and warehouse uses. The project is subject to an annexation agreement that limits off-site road improvements. The applicant is working with the city and State Highway to install a traffic signal at Bowman Farm Road and MD 144, which would improve the level of service from failing to B (morning) and A (evening). A modification for street details was requested. The discussion was cut short at 5:45 PM, and the remaining items (PC22-1021FSI, PC22-1022FSI, PC22-1023FSI, PC22-740FSI, and the Frederick Airport Park Lot 3 forest conservation plan) were not addressed.
Key Outcomes
- Carroll Creek Overlay ZTA: The commission completed the third workshop and will schedule a public hearing (date not specified).
- Architectural Reviews (Kellerton, Renn Quarter, Bloomfields): All three items were forwarded to a public hearing.
- Bloomfields Sewer Pump Station: Forwarded to a public hearing; applicant to consult with Frederick County on fence upgrade.
- Brooklawn: The item will be continued to the May workshop (and subsequent public hearing). The applicant will explore alternative access, work on a parkland maintenance agreement, and address the water line looping concern.
- Frederick Airport Park Preliminary Plat: Not completed; will be taken up at a future workshop. The remaining three site plans for Frederick Airport Park (lots 1-3) and the U-Haul site plan were also not discussed.
- Annexation Cases: The two annexation items (PC22-1018ANX and PC22-1017ANX) were automatically moved to the April 17 workshop.
Meeting Transcript
Good afternoon. It is two o'clock, so we're gonna get started with our March 2023 workshop for the Planning Commission for the City of Frederick. Um this is more casual than our hearings on Monday nights. And um I do notice that there are quite a few people here. Um you could all be applicants, but you might be coming from the public for testimony. We don't require that you sign in, but if you would like to sign in, do we have um a sign-in sheet? Great. Um so we will look at the sign-in sheet first and call the names of those who have signed in, and then we will ask if there's anyone else. The way that you do not have to, no. So um it's just it is there, it gives us a record, and as we said, we will call the ones who are signed in first. Um and after we get started, Jennifer will go over and pull the sign-in sheet. Um so the way we work this is we ask the applicants to come up to the table, and they will present their project. And the uh commissioners will ask them questions, we'll give comments, and we'll um in essence exhaust that conversation. We'll then look to staff, and staff will most often give some more uh comments, we'll have some questions and comments for staff, then we'll ask for public comment. Now the public comment, um, unless you're with a group, and if you are, when you introduce yourself, please say the name of the group. You are limited to three minutes. If you have anything in writing and you would like to leave that with us, that's great. If you would like to follow any of your comments up with writing, we do get all of those letters. In fact, we have already received a number on some of the projects. So um, and if and if it looks like you're getting, if your comments are going to be longer than three minutes, we will ask you to quickly sum it up. But please know that just because you you have more to say than three minutes, we certainly will read everything that you have to say. So we also have a large agenda, so we're gonna get to it and probably take a short five-minute break about halfway through because I have a feeling we're gonna go to our hard stop of 540. And if we do hit that, we don't get every item. We'll briefly talk about um what we will do with the rest of the items and when we will continue them to most likely the next workshop, but I'll confer with Gabrielle on that. I also note just before we get started, in case anyone is um attending intending for the last two items on the agenda, the two annexation cases, uh, one is for the Mercer property and the other is for the Tom's property, those projects have been automatically moved to the April process. Already moved to the April 17th workshop. Well, thank you for doing that. I think it helps the commissioners know that uh now we will probably and hopefully get through the agenda. So having said all that, um anyone here, and that includes the staff, applicants, and members of the public who wish to testify or plan on testifying today. You do need to be sworn in. So please stand up and raise your right hand. And even if you're not sure if you would do it, that would help. 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, well, thank you all. Um so with that, we will move on to our first agenda item. And um, this is the Carroll Creek Overlay. It's a text amendment PC 22 370, and we invite the applicants up to the table. Good afternoon, members of the commission, Lisa Lawler Vratator of the law firm of McCurdy Dean and Gradator. With me today are my partner, Bruce Dean, um, Andrew Walker of Oshman Properties, and we have Ken and Ed Warmald of the Warmore Companies here as well. We'd like to start out by thanking the staff and the commission for the opportunity to come back today for a third workshop. We understand you have a very long agenda. Ooh. Wow. Do you know it's really it's really hard because if you don't speak into it, we can't hear you. So let's see what happens. But go ahead and talk and we'll see how it works. Is that Lance back there? Okay, I think that's better. So in that regard, we are in a year of stock holding time.
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