OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Commission Workshop - April 17, 2023

Planning Commission — Monday, April 17, 2023
BodyFrederick, Maryland
SessionPlanning Commission
DateMonday, April 17, 2023
StatusFILED
Video Record
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Transcript — Verbatim
0:07

Well, good afternoon.

0:08

It is two o'clock, so we're gonna get started with the Planning Commission workshop for the month of April 2023.

0:18

So our process is that we invite the applicants up to the front table here.

0:23

And we start with the applicants walking us through their presentation.

0:29

And for any of you who are new to our process, we ask you that you just don't say, are there any questions to the staff report?

0:40

If you would actually walk us through uh that would be really helpful.

0:45

And then we'll ask uh questions and make comments up here with the commissioners after we've sort of exhausted the conversation with with the applicant, we'll go to staff, and staff will add their comments.

0:58

We'll have further questions and comments of staff.

1:01

We may go back to the applicant.

1:03

It's a lot more casual in our hearings, and then we'll ask for public comment.

1:08

Um after public comment, if we feel we still have some questions and comments of the applicant or staff, we will go from there.

1:17

So, really, the purpose of these workshops is to have as thorough of a conversation as we can on each item.

1:25

So having said that, anyone here, staff, applicant, or a public that is going to testify in front of the planning commission.

1:35

If you would stand and raise your right hand to be sworn in.

1:41

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?

1:51

If so, answer I do.

1:53

Okay.

1:54

So our agenda this this morning.

1:57

Our agenda today consists of six items that we were not able to get to from last month, and one new one.

2:05

So we are gonna start with um the annexations.

2:09

Um both Tom's and Mercer, uh, they are integrately um related, and they have a lot of similarities.

2:19

So with that, I will call the numbers and then we'll turn it over to the applicants.

2:25

Um the first is for the annexation of Tom's property.

2:29

This is PC 221018, and the second is for the annexation of Mercer property, and this is PC 22-1017.

2:42

So if the applicants can introduce themselves.

2:46

Good afternoon, Bruce Dean with the law firm of McCurdy Dean and Gradator uh representing the clock the applicant, um, and to my left Joe Whitebread with the owner of the Tom's property and the contract purchaser of Mercer, and also we have with us uh Ray Goans, uh, Chris Mariga, Jody Walker, um, and my associate April Dixon.

3:08

So we have a hopefully a lot of people here who can answer questions.

3:13

Did Joe Caladure make it?

3:15

Um our traffic engineer may be coming, Joe Caligaro.

3:19

Um so with that, let me give a bit of background and um Commissioner Nicholas, you you made a point that I was going to, which is that these two annexations are um inextricably intertwined.

3:34

Um but there are some differences.

3:37

Uh the property owner, uh the tramel Crow Company, actually a subsidiary thereof, owns uh the Tom's farm.

3:45

They purchased it, and they also purchased the two uh formerly residential lots on the north side of north side of Gas House Pike.

3:53

You can see them sticking up like two teeth right there on the drawing above the two squares on the north side of gas house.

4:00

Those properties um used to be single family homes.

4:05

And when Chris Mergan and I were doing the annexation of what was then the wren farm, which was 387 acres on Gas Has Pike, those two houses were actually occupied as residences, and one of the conditions of that previous annexation was that we had to provide buffer areas around those as long as they were residential.

4:29

Well, um, you all approved a revised site plan for lot one on which is immediately to the north of those two houses last month, if I remember correctly.

4:41

And um, and those two houses are either demolished or in the process of being demolished.

4:46

Both houses have been demolished.

4:48

They have been demolished.

4:49

So by including those in that this annexation, though, we do oh thank you.

5:00

By including those two lots in this annexation, we do get rid of the enclave that was there, and they will now be integrated into the overall development.

5:06

And Tramil Crow is the developer of the Frederick Commerce Center, which is the three lots that you have approved the preliminary plan for and three site plans for now.

5:16

I believe one of the buildings immediately to the east of Tom's is under roof and almost fully and almost fully constructed.

5:26

And so when the opportunity that came to Tramil Crow to purchase Tom's, um that was very attractive to them because it is effectively surrounded by industrial development.

5:37

It has the several hundred thousand square foot building being built immediately to the east of it by Tramel Crow and immediately to the west of it where you see the north-south arrow.

5:49

That's actually the Aldi distribution center south of guest if I can point with my laser right there.

5:56

That's where the Aldi distribution center is.

5:58

And what Tramel Crow is developing at the Frederick Commerce Center is logistics and distribution.

6:06

So that is effectively what the uses in the neighborhood are.

6:11

And in addition to that, they were also able to get the Mercer property under contract.

6:19

And it Mercer.

6:23

There we go.

6:25

It's south.

6:26

We'll get a better picture in a minute, but but Mercer, that's not it.

6:36

I guess that's about as close as we're gonna get to it, right?

6:39

Yeah.

6:40

So the Mercer property swings around and a little bit of it attaches to Lingonore Road, which is a county road.

6:50

And for those of you who might remember, um, Eddie Mercer Agri Services operated a very large um industrial agricultural business on Lingonore Road.

7:01

They subdivided the land off, which the business is located on, sold it to a Pennsylvania company whose name escapes me right now, but they are continuing to operate it as a very industrial type agricultural use that sells things like fertilizer to the agricultural community.

Discussion Breakdown — Share of Meeting
Transportation and Traffic█████████████████████21%
Land Use Planning███████████████15%
Forest Conservation████████████12%
Zoning And Land Use███████████11%
Annexation██████████10%
Affordable Housing█████████9%
Urban Design████████8%
Procedural███3%
Archaeological Assessment██2%
Summary of Proceedings

Planning Commission Workshop - April 17, 2023

The City of Frederick Planning Commission held a workshop on April 17, 2023, at 2:00 PM at City Hall. The workshop covered seven agenda items originally from March and one new item, focusing on annexations, final site plans, and forest conservation plans. The commission heard presentations from applicants, received staff comments, and engaged in detailed discussions. No votes were taken; these items will proceed to formal public hearings.

Annexations: Toms Property (PC22-1018ANX) and Mercer Property (PC22-1017ANX)

  • Applicant: Bruce Dean (McCurdy Dean & Gradator) representing TC MidAtlantic Development V, Inc., with Joe Whitebread (owner of Toms and contract purchaser of Mercer) and team.
  • Overview: The two annexations are inextricably linked, surrounded by existing industrial development. Both properties are in Tier 3 of the 2020 Comprehensive Plan. The applicant proposes M1 light industrial zoning and continued logistics/distribution development as part of the Frederick Commerce Center.
  • Traffic: Trip generation estimates: 265 AM peak / 258 PM peak for Toms; 262 AM / 255 PM for Mercer (mostly trucks). Off-site improvements include widening Gas House Pike and constructing Logistics Park Road south through Toms and Mercer to a limited-access connection at Lingonore Road (emergency or passenger-only, not truck). The applicant agreed to a regional road improvement contribution based on building square footage.
  • Water & Sewer: Adequate capacity confirmed; a privately-owned pump station will be needed.
  • Avigation Easement: Required to protect airport operations.
  • Fiscal Impact: Study shows job creation and tax revenue; multiplier effects noted.
  • Staff Comments: Gabrielle Collard noted negotiations are ongoing (e.g., trail along Monocacy River, county school site request not feasible due to covenants on Mercer).
  • Commission Questions: Commissioner Strawson asked about road connection and trail feasibility; Commissioner Menelas questioned water/sewer and screening materials. Alderman MacShane inquired about tier classification and benefits to the city. Staff clarified the planning commission’s role is to recommend to the Mayor and Board.
  • Public Comment: None.

Frederick Airport Park Lots 1, 2, and 3 (PC22-1021FSI, PC22-1022FSI, PC22-1023FSI, PC22-1020PFCP)

  • Applicant: Chris Mariga (Harris Smariga & Associates) and Jody Walker, on behalf of Hanover Group.
  • Overview: Final site plans for three lots in the Frederick Airport Park, consolidating former lots into three larger parcels for logistics/distribution. Modifications requested are similar to those previously approved for nearby developments.
  • Modifications Requested:
    • Parking lot access to public street (no connection to adjacent properties).
    • Lighting spillover: reliance on adjacent property lighting.
    • Fencing: chain link with slats instead of stockade fence.
    • Landscape buffers: reduced width on Lot 1 (14.5 ft vs. 25 ft required) but double the tree density; Lots 2 and 3 exceed tree requirements (172 required/223 provided; 188/218).
    • Use of trailer and loading spaces toward parking requirement (to be clarified).
  • Trail Connection: Shared-use path along Bowman’s Farm Road; future city trail along the river.
  • Forest Conservation: Lot 3 encroaches on existing forest; compensation via planting along creek (0.96 acres planted for 0.48 acres removed).
  • Staff Comments: Sherry Kelly noted parking calculations are correct; street trees in easement require a new modification not yet in letter.
  • Commission Questions: Commissioner Beattie asked about truck bay counts (Lot 1: 262 trailer spaces, 180 loading docks; Lot 2: 113 trailer/93 loading; Lot 3: 161 trailer/43 loading). Commissioner Menelas clarified zoning on Lot 1 (split M1/GC). Commissioner Strawson raised concerns about compensating features for buffer reductions and requested clarity on parking modification wording. Commissioners encouraged adding bicycle parking; applicant agreed.
  • Public Comment: None.

U-Haul of East Frederick (PC22-740FSI, PC22-741FSCB)

  • Applicant: Sean Benjaminson (Adtek Engineers) on behalf of U-Haul.
  • Overview: Two buildings totaling 144,000 sq ft (self-storage and rental truck facility) at the intersection of I-70 and Monocacy Boulevard. The site was cleared without proper permits in 2022; a code violation was issued and is being addressed through this application.
  • Modifications Requested:
    • Parking: 57 spaces proposed vs. 156 required by code; includes 30 truck spaces. Applicant claims data shows 5-6 employees and similar number of customers at peak, but commissioners skeptical based on other U-Haul locations.
    • Interior landscaping: None proposed due to gas line and site constraints; applicant will explore options.
    • Street trees: Not feasible along Monocacy due to utilities; applicant will withdraw modification for I-70 buffer (will provide required screening).
  • Forest Conservation: All trees cleared; fee in lieu of $18,000 proposed as last option. Staff (Gabrielle Collard) emphasized that retention was not possible due to clearing; alternatives (afforestation, landscape credits) were not viable due to site size. The forest was assumed to be of average quality, but applicant took a worst-case stance.
  • APFO: Water and sewer certificates obtained; roads exemption granted April 2023.
  • Commission Concerns: Commissioner Strawson asked about compensating features for landscaping (extra parking not acceptable). Commissioner Beattie described parking issues at other U-Haul. Alderman MacShane questioned the timeline of clearing and whether the permit explicitly prohibited site work. He expressed worry about multiple modifications and feasibility.
  • Staff Comments: Gabrielle Collard detailed the violation history and noted that staff encourages exploring all on-site mitigation options. Lighting spillover needs correction.
  • Public Comment: None.

Madison on N Market (PC23-74FSI, PC23-75PFCP)

  • Applicant: David Lang (Lingg Property Consulting) and Mike Font (New Harbor), with Angie Lawler (Housing Authority of Frederick).
  • Overview: Four-story, 60-unit LITEC (Low-Income Housing Tax Credit) affordable housing building and a one-story, 4,000 sq ft office building on 5.37 acres at 1724 N Market Street. Site rezoned to MU2 in January 2023; master plan approved February 2023.
  • Design Features: Outdoor amenity area, tot lot, community room, bike rooms (interior and exterior), clock pedestal/potential tower. The office building is standalone due to mixed-use zoning requirements.
  • Parking: 94 spaces (minimum required) – 1.5 per residential unit and 1 per 1,000 sq ft non-residential.
  • Environmental: Approximately 2.7 acres in floodplain/wetlands; 0.91 acres of afforestation on mitigated. Parkland fee in lieu for 0.55 acres (0.14 acres provided on-site).
  • Site Improvements: Eight-foot shared-use path connection to existing rails-to-trails; frontage improvements along N Market Street including protected bike lane extension to Schifferstatt.
  • APFO: Water and sewer certificates obtained (May 3, 2022); roads exemption (April 15, 2022); school mitigation waived for affordable housing.
  • Archaeology: Phase I assessment submitted; pending review.
  • Staff Comments: Pam Reppert noted agreement on full frontage improvements; phase I archaeology must clear before public hearing. Clock tower detail needs to be provided.
  • Commission Reactions: Unanimously positive. Commissioner Strawson requested bicycle rack for office; applicant agreed. Commissioner MacShane praised design for challenging narrative on affordable housing. Concerns: tot lot proximity to street (applicant explained it will be fenced and accessed from community room). Clock tower scale discussed.
  • Public Comment: None.

Key Outcomes

  • All items remain in workshop stage; no votes were taken.
  • Applications will proceed to public hearings on future dates. Commissioners expressed varying levels of support: high enthusiasm for Madison on N Market and the annexations; significant reservations regarding U-Haul due to code violations and multiple modification requests.
  • Staff will refine modifications, clarify parking calculations, and continue negotiations on road connections and parkland fees.
  • Public hearings are scheduled based on further staff reports and applicant revisions.

Meeting Transcript

Well, good afternoon. It is two o'clock, so we're gonna get started with the Planning Commission workshop for the month of April 2023. So our process is that we invite the applicants up to the front table here. And we start with the applicants walking us through their presentation. And for any of you who are new to our process, we ask you that you just don't say, are there any questions to the staff report? If you would actually walk us through uh that would be really helpful. And then we'll ask uh questions and make comments up here with the commissioners after we've sort of exhausted the conversation with with the applicant, we'll go to staff, and staff will add their comments. We'll have further questions and comments of staff. We may go back to the applicant. It's a lot more casual in our hearings, and then we'll ask for public comment. Um after public comment, if we feel we still have some questions and comments of the applicant or staff, we will go from there. So, really, the purpose of these workshops is to have as thorough of a conversation as we can on each item. So having said that, anyone here, staff, applicant, or a public that is going to testify in front of the planning commission. If you would stand and raise your right hand to be sworn in. 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. So our agenda this this morning. Our agenda today consists of six items that we were not able to get to from last month, and one new one. So we are gonna start with um the annexations. Um both Tom's and Mercer, uh, they are integrately um related, and they have a lot of similarities. So with that, I will call the numbers and then we'll turn it over to the applicants. Um the first is for the annexation of Tom's property. This is PC 221018, and the second is for the annexation of Mercer property, and this is PC 22-1017. So if the applicants can introduce themselves. Good afternoon, Bruce Dean with the law firm of McCurdy Dean and Gradator uh representing the clock the applicant, um, and to my left Joe Whitebread with the owner of the Tom's property and the contract purchaser of Mercer, and also we have with us uh Ray Goans, uh, Chris Mariga, Jody Walker, um, and my associate April Dixon. So we have a hopefully a lot of people here who can answer questions. Did Joe Caladure make it? Um our traffic engineer may be coming, Joe Caligaro. Um so with that, let me give a bit of background and um Commissioner Nicholas, you you made a point that I was going to, which is that these two annexations are um inextricably intertwined. Um but there are some differences. Uh the property owner, uh the tramel Crow Company, actually a subsidiary thereof, owns uh the Tom's farm. They purchased it, and they also purchased the two uh formerly residential lots on the north side of north side of Gas House Pike. You can see them sticking up like two teeth right there on the drawing above the two squares on the north side of gas house. Those properties um used to be single family homes. And when Chris Mergan and I were doing the annexation of what was then the wren farm, which was 387 acres on Gas Has Pike, those two houses were actually occupied as residences, and one of the conditions of that previous annexation was that we had to provide buffer areas around those as long as they were residential. Well, um, you all approved a revised site plan for lot one on which is immediately to the north of those two houses last month, if I remember correctly. And um, and those two houses are either demolished or in the process of being demolished. Both houses have been demolished. They have been demolished. So by including those in that this annexation, though, we do oh thank you. By including those two lots in this annexation, we do get rid of the enclave that was there, and they will now be integrated into the overall development. And Tramil Crow is the developer of the Frederick Commerce Center, which is the three lots that you have approved the preliminary plan for and three site plans for now. I believe one of the buildings immediately to the east of Tom's is under roof and almost fully and almost fully constructed. And so when the opportunity that came to Tramil Crow to purchase Tom's, um that was very attractive to them because it is effectively surrounded by industrial development. It has the several hundred thousand square foot building being built immediately to the east of it by Tramel Crow and immediately to the west of it where you see the north-south arrow. That's actually the Aldi distribution center south of guest if I can point with my laser right there. That's where the Aldi distribution center is. And what Tramel Crow is developing at the Frederick Commerce Center is logistics and distribution. So that is effectively what the uses in the neighborhood are.

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