OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

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

Planning CommissionMonday, September 11, 2023
BodyFrederick, Maryland
SessionPlanning Commission
DateMonday, September 11, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:04

Well, good evening and welcome to the September hearing for the City of Frederick Planning Commission.

0:11

Um, I just made an announcement, but I will say again that um anyone who would like to sign up, we have two items on the agenda tonight, and we take uh testimony on all of our items.

0:24

And if you would like to sign up, the sign-in sheet is over there.

0:28

Um anyone who has signed up, we give you three minutes.

0:33

If you sign up for a group, I believe it's 10.

0:37

That's correct.

0:38

All right, and if you are here to speak for a group, you will say the name of the group, and others from that group can also speak, but they would only get three.

0:48

So there can only be one official spokesperson for the group.

0:52

When you come up to speak, um, please say your name and your general address, and then there will be a clock over here.

1:02

Um when it gets close to the end of your time, it will go yellow, and at the end it'll go red.

1:10

If you have a few more words, another sentence, that's fine, but we have a lot of folks here who would like to speak, and we have a lot of questions.

1:19

Um, so if you would stay to your time allotment, that would be helpful.

1:26

All right.

1:27

Before starting tonight's proceedings, I'd like to give a little bit of background on the planning commission and the procedures we will follow.

1:35

Members of the planning commission are all residents of the city and are appointed by the mayor and board of Alderman.

1:41

The commission is made up of five regular members and one alternate, and our powers and duties are assigned by the charter of the city of Frederick.

1:49

Also with us tonight are Gabrielle Collard and other members from the city's planning department.

1:57

Um is uh Charian here?

2:01

Uh Cherry and Epen is here from the engineering department and Scott Waxter from the city's legal department.

2:08

So at this time we will conduct a swearing in of the staff, the applicants, and anyone here who is going to testify tonight.

2:17

So would you all stand up and raise your right hand?

2:23

Oh, just about the whole room.

2:26

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?

2:35

If so, say I do.

2:37

Okay, great.

2:41

Um, next we'll take the announcements and we'll turn this over to Gabrielle.

2:46

Sure, thank you very much.

2:47

Uh, just to this evening.

2:49

Uh the first one is that our planning commission workshop is next Monday, September 18th at 2 p.m.

2:54

Uh and that meeting is held in the boardroom.

2:56

The agenda and staff reports will be online uh by the end of the day tomorrow, and those are for projects that are upcoming for future planning commission hearings that are just at the workshop stage.

3:05

Uh, that same evening at 6 p.m.

3:07

is also our planning department community outreach meeting.

3:10

Uh, and that is also held in the boardroom here.

3:12

It is streamed on channel on the uh public meetings page and also played on channel 99 for folks living in the city.

3:18

Uh, this is an informational meeting where applicants uh present projects that have just been submitted to the city.

3:24

Uh it's a really great opportunity to learn about the newest submissions basically the month after they're submitted and many many months um sometimes before they come forward to the planning commission.

3:32

So those are really our our newest applications that will be percolating through the process and ultimately end up at a meeting like this.

3:39

Uh so I'd encourage people to check out uh the channel 99, the public meetings page, or attend the meeting in person uh where we do take public comment and questions about the project, and both uh staff and the applicants are available to to answer those questions.

3:52

That's all I had.

3:53

Okay, and thank you.

3:54

So now we'll go to the minutes.

3:56

So this is the most exciting part of the uh agenda.

4:00

First, looking for a motion for the June 20th, 2023 Planning Commission workshop minutes.

4:08

I move for approval of the June 20th, 2023 Planning Commission workshop minutes.

4:13

Second.

4:14

That's a motion from Commissioner Strawson, second, Commissioner Beattie.

4:17

All those in favor?

4:19

Aye.

4:19

Aye.

4:20

That is unanimous.

4:21

Second, looking for a motion for the August 14th, 2023, Planning Commission meeting minutes.

4:30

I move for the approval of the August 14th, 2023 Planning Commission meeting minutes.

4:35

Second.

4:37

Okay, uh, that is a motion from uh Commissioner Beattie, second, Commissioner Strawson.

4:44

All those in favor?

4:46

Aye.

4:46

Okay.

4:48

Third is the August 21st, 2023 Planning Commission workshop minutes.

4:55

I move for the approval of August 21st, 2023 Planning Commission workshop minutes.

Discussion Breakdown — Share of Meeting
Urban Design████████████████████████24%
Zoning And Land Use██████████10%
Urban Design Compliance████████8%
Mixed Use Development███████7%
Parks and Recreation██████6%
Public Engagement██████6%
Environmental Protection█████5%
Affordable Housing████4%
Forest Conservation███3%
Summary of Proceedings

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.

Meeting Transcript

Well, good evening and welcome to the September hearing for the City of Frederick Planning Commission. Um, I just made an announcement, but I will say again that um anyone who would like to sign up, we have two items on the agenda tonight, and we take uh testimony on all of our items. And if you would like to sign up, the sign-in sheet is over there. Um anyone who has signed up, we give you three minutes. If you sign up for a group, I believe it's 10. That's correct. All right, and if you are here to speak for a group, you will say the name of the group, and others from that group can also speak, but they would only get three. So there can only be one official spokesperson for the group. When you come up to speak, um, please say your name and your general address, and then there will be a clock over here. Um when it gets close to the end of your time, it will go yellow, and at the end it'll go red. If you have a few more words, another sentence, that's fine, but we have a lot of folks here who would like to speak, and we have a lot of questions. Um, so if you would stay to your time allotment, that would be helpful. All right. Before starting tonight's proceedings, I'd like to give a little bit of background on the planning commission and the procedures we will follow. Members of the planning commission are all residents of the city and are appointed by the mayor and board of Alderman. The commission is made up of five regular members and one alternate, and our powers and duties are assigned by the charter of the city of Frederick. Also with us tonight are Gabrielle Collard and other members from the city's planning department. Um is uh Charian here? Uh Cherry and Epen is here from the engineering department and Scott Waxter from the city's legal department. So at this time we will conduct a swearing in of the staff, the applicants, and anyone here who is going to testify tonight. So would you all stand up and raise your right hand? Oh, just about the whole room. 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, say I do. Okay, great. Um, next we'll take the announcements and we'll turn this over to Gabrielle. Sure, thank you very much. Uh, just to this evening. Uh the first one is that our planning commission workshop is next Monday, September 18th at 2 p.m. Uh and that meeting is held in the boardroom. The agenda and staff reports will be online uh by the end of the day tomorrow, and those are for projects that are upcoming for future planning commission hearings that are just at the workshop stage. Uh, that same evening at 6 p.m. is also our planning department community outreach meeting. Uh, and that is also held in the boardroom here. It is streamed on channel on the uh public meetings page and also played on channel 99 for folks living in the city. Uh, this is an informational meeting where applicants uh present projects that have just been submitted to the city. Uh it's a really great opportunity to learn about the newest submissions basically the month after they're submitted and many many months um sometimes before they come forward to the planning commission. So those are really our our newest applications that will be percolating through the process and ultimately end up at a meeting like this. Uh so I'd encourage people to check out uh the channel 99, the public meetings page, or attend the meeting in person uh where we do take public comment and questions about the project, and both uh staff and the applicants are available to to answer those questions. That's all I had. Okay, and thank you. So now we'll go to the minutes. So this is the most exciting part of the uh agenda. First, looking for a motion for the June 20th, 2023 Planning Commission workshop minutes. I move for approval of the June 20th, 2023 Planning Commission workshop minutes. Second. That's a motion from Commissioner Strawson, second, Commissioner Beattie. All those in favor? Aye. Aye.

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