Frederick Planning Commission Meeting: May 8, 2023, Approvals and ZTA Continuance
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Frederick Planning Commission Meeting Summary
The Frederick Planning Commission held its regular public hearing on May 8, 2023, at 6:00 PM in City Hall (101 North Court Street). The meeting was broadcast live on Channel 99 and streamed online. Commissioners present included Chair Joan Strawson, Vice Chair Dorothy Menelas, Commissioner Beattie, Commissioner Valencia, and Alderman Ben MacShane (City Council Liaison). The meeting focused on final site plans, a preliminary plat, forest conservation plans, and a text amendment for the Carroll Creek Overlay District. All items were approved unanimously except the text amendment, which was continued to the June 12 meeting.
Consent Calendar
- No consent items were on the agenda.
Minutes Approval
- Unanimously approved minutes from the April 10, 2023 Planning Commission meeting, the April 17, 2023 workshop, and the May 5, 2023 pre-planning commission meeting.
Public Comments & Testimony
- Brooklawn (PC22-1014FSI): Multiple residents from the Fairfield Condominium and Mercer Place neighborhoods spoke in opposition to the proposed access route through their communities. Tom DeWorse (Fairfield condo owner) raised concerns about traffic endangering handicapped parking users and questioned fire truck access. John Elliott (1003 Mercer Place, representing Mercer Place HOA) stated the community is "united in our opposition to routing traffic" through the neighborhood, citing 14 children who play on the street and the traffic circle at Mercer Place/Fairview Avenue being on the city's list of necessary traffic upgrades. Mary Ann Haynes (Mercer Court) argued the developer's access through Brooklawn's own parking lot would be safer and that the existing lot could be upgraded. William McLaughlin (102 Mercer Place) complained about unequal time allotments between the applicant and opponents. Leslie Powell, attorney for the Fairfield Condominium Association, requested either an alternative access through the adjacent Brooklawn property or, failing that, a gate restricting the proposed access to emergency use only. Jim Schmershal raised concerns about water line looping, asked for city attorney review of the 2001 reciprocal easement, and noted the parkland dedication was accepted by the city in 1989. Aliyah Northine (1006 Mercer Place) stated the playground is only 32 inches from the road and that a speed bump "will not cut it." Carol Hammock and Lori Hoffman (both of 104 Mercer Court) expressed concerns about fire safety, building proximity, and traffic volume.
Discussion Items
Bloomfields Sewer Pump Station (PC22-1159FSI): Staff recommended approval of a final site plan for a Frederick County sewer pump station on a 2.8-acre lot within the Bloomfields Age Restricted Development. The applicant requested and received county approval for a wrought iron fence facing residential units instead of the standard chain-link fence. Conditions included correcting plan notes, adding highway noise overlay information, revising truck turning templates, and verifying county comments. Approved unanimously.
Renn Park Mixed Use (PC21-508FSI): The applicant sought approval of a revised final site plan for a 78-acre regional park to be dedicated to the city. The park is within the floodplain and restricted by the airport overlay. The plan includes a 5K run route, a 38-space parking lot along East Church Street, and a shared use path from Monocacy Boulevard to Highland Street. Staff noted the stormwater quantity management waiver was approved by engineering. Commissioner Menelas asked about solar lighting, and staff indicated lighting would be the city's responsibility. Alderman McShane asked about signage for the 5K route, and the applicant acknowledged parks and recreation would need to address marking. Approved unanimously.
Brooklawn (PC22-1014FSI): This was the most contentious item. The applicant requested approval to construct a three-story, 60,000 square foot multifamily building with 39 units at 1001 Carroll Parkway, plus a modification to Section 607 (parking area lighting). The site is 2.49 acres zoned R-16 high density and is within the highway noise overlay. The applicant proposed 71 parking spaces (minimum 59, maximum 98), 93 trees, and a fee in lieu of parkland for 0.45 acres. The applicant's attorney, Bruce Dean, argued the access through Mercer Court and the Fairfield condominium was established by reciprocal easements in 1989 and 2001, and that the traffic pattern was previously approved by the commission. He stated the applicant would provide traffic calming measures including a raised crosswalk at Mercer Court and bollards. Fran Zeller (Harris Mariga) explained the lighting modification would allow minimal spillover at connection points, dropping to zero foot candles within 50 feet. Commissioner Beattie asked if the applicant considered age-restricted housing, to which the applicant said no. Applicant rebutted public comments, stating the Mercer Court access is the property's only frontage on a public street and that the 2001 easement was reciprocal. Chair Strawson noted the commission's role is to verify legal compliance, not to pick between proposals, and stated no legal grounds to deny the application were presented. The lighting modification and final site plan were both approved unanimously.
Brooklawn Forest Conservation (PC22-1015FSCB): The combined forest stand delineation and preliminary forest conservation plan was approved unanimously. The planting requirement is 0.82 acres, and the applicant will pay a fee in lieu of $10,715.70.
Frederick Airport Park Preliminary Plat (PC22-1019PSU): The applicant requested approval to resubdivide 121.77 acres into three lots for light industrial (M1) and general commercial (GC) development, with modifications to street standards and landscaping. Staff explained the road improvements include a 10-foot shared use path on Bowman Farm Road, 16-18 foot travel lanes, and modifications to accommodate truck traffic. Commissioner Beattie raised concerns about gridlock at the I-70/South Street interchange and asked about requesting an expedited study; the city attorney advised against taking that action during the current application. The applicant's traffic consultant presented the mitigation plan: a traffic signal at Bowman Farm Road and MD 144, extension of an acceleration lane, and a left-turn lane. The three actions (street detail modification, landscaping modification, and preliminary plat approval) were all approved unanimously.
Frederick Airport Park Lot 1 (PC22-1021FSI): Final site plan for a 996,678 square foot warehouse/office/distribution building on approximately 51 acres. Multiple modifications were requested: Section 601 (access management - three access points instead of access to adjacent property), Section 607 (parking - 580 standard spaces, 262 truck spaces, and 167 loading spaces counted toward the 997-space minimum), Section 607E2 (light spillover), Section 605 (black vinyl chain link fence in lieu of stockade fence), buffer width reduction from 20 to 14 feet, and Section 613 (dumpster screening). All modifications and the final site plan were approved unanimously.
Frederick Airport Park Lot 2 (PC22-1022FSI): Final site plan for two buildings totaling 507,481 square feet on approximately 31 acres, zoned M1. The applicant requested similar modifications for access, parking (323 passenger spaces, 113 truck spaces, 93 loading spaces), light spillover, and dumpster screening. Commissioner Beattie praised the development as thoughtful and noted the benefit of comprehensive development by a single developer. All modifications and the site plan were approved unanimously.
Frederick Airport Park Lot 3 (PC22-1023FSI): Final site plan for a 204,492 square foot building on approximately 34 acres. The applicant requested modifications for access (two access drives off the cul-de-sac and one off Airport Drive East), parking (188 passenger spaces, 161 truck spaces, 43 loading spaces), light spillover, elimination of the level three buffer along the western property line adjacent to the airport, and dumpster screening. The applicant noted compensating features: planting 218 trees where 189 are required and providing 16% interior parking lot landscaping where 10% is required. All modifications and the site plan were approved unanimously.
Frederick Airport Park Lot 3 Forest Conservation (PC22-1020PFCP): The preliminary forest conservation plan was approved unanimously. The applicant is removing approximately 0.48 acres of existing forest conservation easement and replanting 0.96 acres (two-to-one ratio) along a stream for a more environmentally beneficial buffer. No conditions were attached.
Carroll Creek Overlay Text Amendment (PC22-370ZTA): The applicant (Oscherman Properties and Warmold Companies, represented by Lisa Lawler and Bruce Dean) proposed deleting the provision limiting density in the Carroll Creek Overlay District and replacing it with a density bonus tied to structured parking. The amendment would allow up to 150 dwelling units per acre (up from 75) for multifamily projects that provide structured parking meeting design criteria. Commissioner Beattie expressed concerns about parking ratios, noting that the current minimum of 0.75 spaces per unit (with potential transit proximity reductions) would be insufficient for the increased density. He proposed requiring one parking space per unit for additional density. Andrew Welker (Oscherman Properties) presented four scenarios showing how 150 units per acre could be achieved, including a mix of studio and one-bedroom units. Ken Warmold testified that a concept design for a 260,000 square foot, six-story building with underground parking could achieve 150-166 units per acre with 288 parking spaces. Commissioner Beattie also suggested tying density bonuses to built MPDUs (moderately priced dwelling units). Staff clarified that the minimum parking standard is 0.75 spaces per unit (one 50% reduction applied, not stacked reductions). The commission discussed whether to approve with modifications or continue. The city attorney advised that piecemeal modifications would be difficult to present concisely to the Mayor and Board. Commissioner Beattie moved to continue the item to the next meeting, and the motion passed unanimously. The item will be first on the agenda for the June 12, 2023 meeting.
Key Outcomes
- Bloomfields Sewer Pump Station: Approved unanimously with conditions.
- Renn Park Mixed Use: Approved unanimously with conditions.
- Brooklawn (PC22-1014FSI): Lighting modification approved unanimously; final site plan approved unanimously with six conditions.
- Brooklawn Forest Conservation (PC22-1015FSCB): Approved unanimously with no conditions.
- Frederick Airport Park Preliminary Plat (PC22-1019PSU): Approved unanimously with three actions (street detail modification, landscaping modification, preliminary plat) and five conditions.
- Frederick Airport Park Lot 1 (PC22-1021FSI): Approved unanimously with six modification approvals and five conditions on the site plan.
- Frederick Airport Park Lot 2 (PC22-1022FSI): Approved unanimously with four modification approvals and five conditions on the site plan.
- Frederick Airport Park Lot 3 (PC22-1023FSI): Approved unanimously with five modification approvals and five conditions on the site plan.
- Frederick Airport Park Lot 3 Forest Conservation (PC22-1020PFCP): Approved unanimously with no conditions.
- Carroll Creek Overlay Text Amendment (PC22-370ZTA): Continued to the June 12, 2023 Planning Commission meeting, to be placed first on the agenda. The motion to continue passed unanimously.
Meeting Transcript
Just a minute or two and give Alderman McShane a chance to join us since we're a smaller group today. Um, before we uh start tonight's meeting, I would um like to give you a little bit of background on the planning commission and the procedures that we're gonna be following this evening. Um, all residents of the city and volunteers that have been appointed by the mayor and the board of Alderman. Uh, the commission is made up of five regular members and one alternate. And as you can see, we have a couple of people missing tonight. Um, its powers and duties are assigned by the charter of the City of Frederick and described in section uh two oh two of the land management code. In support of the planning commission, um, staff members from the city's planning department, engineering, and legal departments are all in attendance. Um tonight's cases have been appropriately advertised pursuant to section 301 of the land management code. Um the procedure that we're gonna follow tonight is as follows. For each case, we will have an introduction of the case, followed by a presentation and additional recommendations by staff, um, the commission questioning of the staff, um, the applicant or authorized agents' remarks regarding the case, the commission questioning of the applicant, public comment, any um applicant or authorized agent rebuttal to public comment, finally a commission discussion and questions for staff, and then finally commissioner action. Um so regarding public comment tonight. Um I just want to remind everybody that there is a sign-up sheet over on the desk to the side. And um, if you would like to make public comments, please sign up on the this the sign-up sheet because we will be taking um comments in the in the order. We we've been taking people from the sign-up sheet first. Um, if you don't sign up, you will still get the opportunity to make public comment, but the people who have signed up will get the chance to um give their comments first. I wanted to remind everybody it looks like we've got several people who will be making public comments tonight. Um when you make public comments, you have a three-minute time period, and the clock that's over there will count down your three minutes. Um when you get to your last 30 seconds, you will see a yellow light flash, and when your time is up, you will see a red light flash. Um, because we have such a um full agenda tonight and a lot of people making comments. We're gonna do our best to keep everybody to the three minutes. Um everybody who um wishes to speak tonight before the the board must be sworn in prior to the to making their remarks. This includes um staff, applicants, and anybody from the public who wishes to make public comments. So at this point, I'm going to swear in everybody who has um who is in the room at this point. Like everybody to stand, raise your right hand. Do you solemnly swear or affirm that the responses given and the statements made in this hearing before the planning commission will be the whole truth and nothing but the truth? If so, answer I do. Thank you. Now at this point, I'm going to turn it over to Gabrielle for announcements. Thank you very much. Good evening, everyone. Um, just two announcements this evening. Um, one, we have our planning commission workshop, which is um next Monday that is at 2 p.m. beginning um in this room, and our backup materials, including the agenda and staff reports and summaries will be online on probably Wednesday. So we'll we'll contact the commission when those are ready. And for anyone in the public who's interested, those are items that will come up on a subsequent public hearing. So it's kind of a preview of this meeting. Uh we do take public comment on our workshop, so it's a great opportunity to see what what is new. Uh that evening at 6 p.m. We also have our citywide planning department outreach meeting, which is an even earlier preview of projects. Uh, those are applications that have just been submitted to the city, and this is just a showcase of those um projects and an opportunity for people to come and listen, uh learn about those projects, ask questions of the applicants and staff, and that is also televised on channel 99 and streamed on the city's public meeting page and even recorded. So if you want to go back and watch it later, you can do that as well. And that's all I had. Thank you. Thank you very much. All right, so the first um item on our agenda is approval of past minutes. Um so at this point, I would like a motion for um the April 10th, 2023 Planning Commission meeting minutes. I move for the approval of the April 10th, 2023 Planning Commission meeting minutes. Second. That's a motion by Commissioner Beattie, a second by Commissioner Manellus. All in favor?
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