Frederick Planning Commission Meeting - July 10, 2023

The Frederick Planning Commission met on July 10, 2023, at 6:00 PM in City Hall. The meeting lasted approximately five hours and covered a range of items including continuances, a presentation of the 2022 Annual Report, a text amendment for the Carroll Creek Overlay District, several subdivision and site plan approvals, forest conservation plans, a historic preservation overlay request, and a first hearing on the Westridge Shopping Center rezoning and master plan. Key votes included approval of the Carroll Creek density restriction removal (3-1), denial of the Strawn Cottage historic overlay (3-1), and unanimous approvals for most other items.

Consent Calendar

• No consent calendar items were presented.

Public Comments & Testimony

• Kevin Sellinger (East Fifth Street) urged support for the Madison on North Market project, praising the developer for constructing MPDUs and using green building standards.
• Jeanette Barkvel expressed concern about lack of play areas for children in the Westridge development and criticized tree removal for a proposed car wash on Route 40.
• Belinda Morton (NAC5 president) stated that most NAC members favor upscale shopping over rezoning. She raised parking concerns (apartment dwellers likely have two cars), questioned traffic projections, noted lack of a tot lot, and asked how school mitigation fees help children.
• John Rusk worried about increased crime and gang activity discouraging walking, and that residents would need cars to commute, increasing traffic on Key Parkway.
• Gerald Harris (Taskers Chance) feared insufficient parking would spill onto Key Parkway and that bike lanes would narrow the road without being used.
• Alan Rohr (128 Waterland Way) expressed concerns about density, traffic congestion at the current dog-leg intersection, and parking standards being too low for two-bedroom units.

Discussion Items

Continuances (U-Haul of East Frederick)

• Two items (PC22-740FSI and PC22-741FSCB) were continued to August 14, 2023, at the applicant's request for additional design work. Motion passed unanimously.

Presentation of 2022 Annual Report

• Gabrielle Collard presented the report, noting an increase in permits reviewed (3,761 in 2022, up from 3,233 in 2021) and new home permits (1,525, up from 942). The report includes a new section on the form-based code for the East Street quarter. No action required; comments accepted.

PC22-370ZTA: Carroll Creek Overlay District Text Amendment

• This item had been discussed over seven months. Staff recommended approval of the text amendment to remove the density restriction in the Carroll Creek Overlay for DB-zoned properties, but not the proposed density bonus tied to structured parking. The applicant (Bruce Dean) argued the amendment would allow more smaller units without changing building massing, and that MPDU requirements should be handled citywide.
• Commissioners debated: Commissioner Strawson supported removing the density restriction but opposed the density bonus, citing lack of data for 175 units per acre and concern about parking impacts. Chair Nicholas read a detailed position opposing the density bonus, noting that Frederick is already building rapidly (10% school enrollment increase, dwelling permits 4x 2017 levels) and that structured parking is necessary for the bonus, not a public benefit.
• A motion was made and seconded to recommend approval of the text amendment modified to only remove the density restriction (making the density allowance the same as the rest of the DB zone) and not approve the density bonus. The motion passed 3-1 (Commissioner Lee opposed). A subsequent motion to write a letter urging the city to expedite work on density enhancement area and MPDU language was withdrawn for future formal drafting.

PC23-168FSU: Final Plat – 328 Madison Street

• Staff recommended approval of a subdivision into two lots (7,899 sq ft total). The applicant (Jim Zanelli) called it a good infill example. No public comment. Motion to approve with conditions (fee in lieu of parkland $1,000) passed unanimously.

PC23-157FSU: Final Plat – Linden Hills Block M, Lots 5 & 6

• Staff recommended approval to resubdivide two vacant lots (each 7,000 sq ft) to orient them to Poplar Street. No additional lots created. Applicant (Mark Christman) stated the purpose is to fit two houses. Motion to approve with condition (record ingress/egress easement) passed unanimously.

PC23-74FSI & PC23-75PFCP: Madison on North Market – Final Site Plan & Forest Conservation

• Staff presented the project: a 60-unit multifamily building (four stories) and a 4,000 sq ft office building on 5 acres. The site will include a protected bike lane, pedestrian connection to Rails-with-Trails, and meets green building standards. The applicant (David Ling) noted the addition of bicycle parking for the office and a redesigned sewer line. Public comment from Kevin Sellinger supported the project. Motions to approve the site plan with 11 conditions and the forest conservation plan with 6 conditions passed unanimously.

PC23-186FSI: Final Site Plan – Gambrill View (Waverly View PND, Area A)

• Staff recommended approval of modifications to allow front yard patios and side entries for rear-loaded townhouses and two-over-two units. Two modifications were requested: one to Section 606 (encroachments) and one to Section 821 (fences). The applicant (Leanna Lewis) accepted all conditions. Motions to approve both modifications and the revised site plan passed unanimously.

PC22-1097PSU & PC22-1098PFCP: Highland Trail – Preliminary Plat & Forest Conservation Plan

• Staff presented the preliminary plat for road dedication and two modifications (street details and street tree reduction). The applicant (Chris Morigan) highlighted the importance of extending Highland Street and Big Al Cohen Boulevard for traffic circulation and utility extensions. Motions to approve the modifications and the preliminary plat passed unanimously.
• For the forest conservation plan, a modification to remove 17 specimen trees was requested due to grading constraints. Commissioner Beattie asked about tree relocation; the applicant noted risk of mortality. The motion to approve the modification passed unanimously, and the preliminary forest conservation plan was approved with conditions.

HPCPC23-437ZMA: Historic Preservation Overlay – Strawn Cottage (Hood College)

• Staff recommended approval of an HPO on 0.68 acres at Hood College for Strawn Cottage, a 1918 domestic science practice house significant for women’s education. The applicant (Historic Preservation Commission) argued the building meets eligibility criteria. Hood College representatives (Attorney Ann Rollins, President Andrea Chapdelaine) opposed, citing substantial alterations (1978 fire, water damage), economic impact, and the college's stewardship. Judge John Tisdale spoke as a citizen and board member, arguing the building is an eyesore and that preservation would hinder campus development.
• Commissioners debated: Beattie and Nicholas questioned the extent of land (0.68 acres) and the building's integrity. Strawson noted the building is not viable. A motion to recommend denial passed 3-1 (Commissioner Strawson opposed).

PC22-650ZMA & PC22-651MU: Westridge Shopping Center – Rezoning and Master Plan (First Hearing)

• Staff presented the applicant's proposal to rezone 20.59 acres from GC to MU-2 and approve a master plan for redevelopment of the eastern portion into 203 multifamily units and 41 townhouses, while retaining 60% of the retail. Modifications were requested for setbacks, parking orientation, street standards, and trees. The applicant (Bruce Dean, Daniel Rigaud, Cecily Bedwell, Chris Morigan) argued the project implements the Golden Mile Small Area Plan and will reduce traffic (fewer trips than existing retail). They noted the current occupancy of the demolished area is about 92%.
• Public comments raised concerns about parking (1.5 spaces per unit insufficient), traffic on Key Parkway, lack of play areas, safety, school overcrowding, and height (5 stories). The meeting was continued to a future date with no action taken. The applicant promised to address questions at the next hearing.

Key Outcomes

• U-Haul Continuance: Approved unanimously to August 14, 2023.
• 2022 Annual Report: Received; no action taken.
• Carroll Creek Overlay Text Amendment: Recommended approval with modification to remove density restriction only (vote 3-1). A letter to Mayor and Board on density enhancement and MPDU language postponed for future drafting.
• 328 Madison Street Final Plat: Approved unanimously with condition.
• Linden Hills Final Plat: Approved unanimously with condition.
• Madison on North Market Final Site Plan: Approved unanimously with 11 conditions.
• Madison on North Market Forest Conservation Plan: Approved unanimously with 6 conditions.
• Gambrill View Modifications and Site Plan: All three motions approved unanimously.
• Highland Trail Preliminary Plat and Modifications: Modifications and plat approved unanimously with 9 conditions.
• Highland Trail Forest Conservation Plan: Modification to remove 17 specimen trees approved unanimously; plan approved with 4 conditions.
• Strawn Cottage HPO: Recommended denial by vote of 3-1.
• Westridge Shopping Center Rezoning and Master Plan: First hearing held; no action taken; continued to a future meeting.