Frederick Planning Commission Meeting - September 11, 2023: Police HQ Rezoning and Brickworks Master Plan

The Frederick Planning Commission held its regular meeting on September 11, 2023, at 6:00 PM in City Hall. The meeting included a consent calendar, old business (a zoning map amendment for the future police headquarters), and new business (a master plan for the Brickworks development). Public testimony was taken on both items, with extensive discussion and public comment on the Brickworks proposal.

Consent Calendar

• Approved the June 20, 2023 Planning Commission Workshop Minutes (unanimous).
• Approved the August 14, 2023 Planning Commission Meeting Minutes (unanimous).
• Approved the August 21, 2023 Planning Commission Workshop Minutes (unanimous).
• Approved the September 8, 2023 Pre-Planning Commission Meeting Minutes (Commissioner Beattie abstained).

Old Business: PC23-314ZMA – Zoning Map Amendment, 100 E. All Saints Street (Police Headquarters)

• Applicant: City of Frederick (Mark DiCampo, Director of Strategic Planning). Request to rezone 1.3922 acres from Downtown Commercial Business-Residential (DB) to Institutional (IST) floating zone for the new Frederick Police Department headquarters.
• Staff Report: Gabrielle Collard presented the second of two required hearings. The rezoning would not increase population, is served by existing utilities, will not affect transportation patterns, is compatible with adjacent government uses, and complies with the Comprehensive Plan and Section 409 of the LMC.
• Discussion: Commissioner Beattie asked about future expansion – the building is 65,000 sq ft with only 57,000 sq ft initially used; the first-floor addition can accommodate three more stories (25% expansion). No public comment was offered.
• Vote: Motion by Commissioner Strawson (with an amendment to include language about a positive recommendation to the Mayor and Board of Aldermen), seconded by Commissioner Beattie. Unanimous approval (5-0).

New Business: PC22-1160MU – Brickworks Master Plan

• Applicant: Greenberg Gibbons (Brian Gibbons, CEO). Proposed mixed-use development on 64.61 acres at Monocacy Boulevard, East Street, and South Street. Plan includes 15-30% nonresidential (up to 130,000 sq ft, a 150-room hotel), 60-80% residential (900 multifamily units, 360 townhouses), and at least 12% parks/open space.
• Staff Report: Gabrielle Collard presented a detailed overview, noting that this is the first of two required hearings (second tentatively October). Key points: APFO testing failed at elementary (Spring Ridge) and high school (TJ) levels; applicant intends to pay school mitigation fee. Parkland dedication requirement is 14 acres (7.4 acres proposed on west side of East Street, plus pocket parks). Numerous modifications are requested for lot setbacks, building orientation, parking, street design, and access management.
• Applicant Presentation: Brian Gibbons highlighted the company’s experience with brownfield redevelopment (e.g., Annapolis Town Center, Foundry Row). He announced a letter of intent with a “premier organic grocery store” (to be walkable from downtown) and a fitness anchor. The applicant emphasized that environmental remediation (Voluntary Cleanup Program filed August 2, 2023) would cost over $4 million. Modifications are needed, particularly for retail building orientation and parking, to attract the grocery store.
• Commission Discussion: Commissioners raised concerns about:
  • Design and Connectivity: The layout is suburban and inward-facing, not an extension of downtown. The East Street Small Area Plan and form-based code were ignored. Commissioner Strawson requested a table of modifications and a staff analysis of alignment with the East Street plan.
  • Environmental: Commissioner Menelas queried about MDE process; Paul Hayden (environmental engineer) explained that contamination drives the placement of fee-simple townhomes in uncontaminated areas. The VCP process is stepwise, and the applicant can withdraw with no liability before purchase.
  • Schools: Commissioner Valencia asked about APFO testing methodology; staff clarified that Frederick County Public Schools used its standard pupil generation rates, but FCPS questioned their accuracy for this density. The school mitigation fee total was not yet calculated.
  • Parkland: Several commissioners (Strawson, Beattie) expressed concerns that the proposed 7.4-acre linear park across East Street is not accessible or usable for new residents; they urged a central park or integrated improvements with Harmon Park. Staff noted that the city may not accept a strip of undeveloped land.
  • Affordable Housing: Commissioner Beattie pressed for MPDUs on site; Brian Gibbons said market conditions preclude 12.5% on-site, but some MPDUs might be possible later. Commissioner Valencia asked about incentives (density bonuses, height) to make MPDUs feasible.
  • MPDU Fee: Applicant intends to pay fee in lieu. Staff noted the MPDU payment agreement must be executed before master plan approval.
  • Modifications: Commissioner Strawson scrutinized specific modifications (e.g., 70-foot front setback for retail along Monocacy, 45-foot interior setback due to private roads). The applicant provided new exhibits limiting modifications to specific areas.
  • Connectivity: Commissioner MacShane stressed the need for future street stubs to adjacent parcels and public streets vs. private roads. Applicant agreed to consider public roads for improved connectivity.
  • Sinkholes: A public comment raised concerns; applicant acknowledged geotechnical challenges and said dynamic compaction may be needed.
• Public Comments: Approximately 20 speakers. Key themes:
  • East Frederick Rising (Heather Goddard): The plan does not reflect 20 years of planning; it is car-centric, not walkable, and lacks integration with downtown. The parkland across East Street is inaccessible.
  • Downtown Frederick Partnership (Kara Norman): Supported reduced retail square footage but urged greater connectivity and development compatible with downtown. Strongly recommended preserving the corner at East and South Streets for higher density.
  • Residents (multiple): Cited concerns about suburban design, lack of MPDUs, school overcrowding, stormwater, environmental liability, and the need for a form-based code. Some expressed support for the grocery store and development overall but with significant changes.
  • Peter Samuel (West Street): The plan ignores all previous planning; it is a “complete mess” and should be rejected.
  • Ed Wormald (developer): Supported the project as a long-awaited opportunity, noting the need for density and grocery downtown.
  • John Minke: Called for the city to lead a new planning effort; criticized the process where a private developer submits a master plan.
• Applicant Rebuttal: Brian Gibbons briefly addressed questions, confirming they are aware of sinkholes and will address them via geotechnical measures. He acknowledged the homeless population on the western edge and offered to work with the city. Regarding modifications, he reiterated that the retail layout is dictated by the grocery tenant’s requirements.

Key Outcomes

• PC23-314ZMA: Approved unanimously; a positive recommendation will be forwarded to the Mayor and Board of Aldermen for the IST floating zone.
• PC22-1160MU: No vote taken; this was the first of two required hearings. The next hearing is tentatively scheduled for October 2023. The commission deferred decision pending additional information on:
  • A comprehensive table of modifications and compensating design features.
  • A staff analysis of alignment with the East Street Small Area Plan.
  • Detailed school mitigation fee amounts.
  • Final APFO certificates (pending signature from city engineer).
  • Further discussion on parkland dedication, MPDU commitments, and connectivity.
• The commission directed staff to prepare an updated staff report incorporating the September addendum and to facilitate additional public input. The applicant agreed to provide environmental contamination overlays and consider adjustments to the master plan.