OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Frederick Planning Commission Meeting - October 9, 2023

Planning CommissionMonday, October 9, 2023
BodyFrederick, Maryland
SessionPlanning Commission
DateMonday, October 9, 2023
StatusFILED
Video Record

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Transcript — Verbatim
0:12

All right.

0:13

We are now calling the meeting to order.

0:15

And I would like to welcome everybody to the October 9th, 2023 meeting of the City of Frederick Planning Commission.

0:24

Before we begin tonight's proceedings, I'd like to give a little bit of background of the Planning Commission and the procedures that we will be following this evening.

0:32

Members of the Planning Commission are all residents of the city and are volunteers appointed by the mayor and the board of Alderman.

0:39

The Commission is made up of five regular members and one alternate.

0:53

All of tonight's cases have been appropriately advertised pursuant to section 301 of the land management code.

1:00

And tonight, as the cases will be presented to the planning commission in the following format.

1:06

First, we will have an introduction of the case.

1:10

Then we will have a presentation of the case and the initial recommendation by staff.

1:16

We will then have the commission questioning of the staff, followed by the applicant or authorized agent remarks regarding the case.

1:25

We will then have the commission questioning of the applicant, followed by public comment.

1:34

We will then have the applicant response to public comment.

1:39

Following that, we will have commission discussion and questions on the case.

1:44

And finally, we will conclude with commission action.

1:50

In support of the Planning Commission, staff members from the city's planning, engineering, and legal departments are in attendance.

1:59

And at this point, um anyone wishing to speak publicly tonight regarding any application, including members of the public, must be sworn in prior to giving their comments.

2:17

People who are giving public comments, if you are an individual, you have three minutes to comment.

2:25

If you're a person representing a group, you have 10 minutes for comments.

2:30

The timing clock up here will let you know how much time you have left to give your comments.

2:36

And if anybody is interested in giving public comment, there's a sign-up sheet over on the desk table over to the side of the room.

2:45

We will take comments in the order that people have signed up on the sign-up sheet.

2:50

Um, but then after after we take the people who have signed up, then there will be an opportunity for anybody else who has decided that they would like to give comment.

2:59

All right, at this time, anybody who is planning on speaking, giving testimony tonight, please stand.

3:09

Raise your right hand.

3:12

And um to be sworn in, do you solemnly swear and 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?

3:27

If so, answer I do.

3:31

Thank you.

3:39

Thank you very much.

3:40

Good evening.

3:41

Uh, the first announcement I have is that our planning commission workshop will be held on uh Monday, September 16th, and the agenda and summaries for those items will be posted likely tomorrow afternoon or Wednesday morning.

3:54

Uh those are items that will be coming up at a subsequent planning commission hearing, so I encourage folks to check those out to see what um the commission will be voting on in coming months.

4:05

That same evening at 6 p.m.

4:07

is our planning department community outreach meeting, which will also be at the boardroom here at City Hall.

4:14

This is an informational meeting where applications that were just submitted to the city uh are being reviewed, so it's kind of just an information session and a great opportunity to learn about the newest submissions, uh, usually many months before they'd be considered by the planning commission.

4:29

That meeting is also streamed on the city's website and on channel 99 for residents in the city.

4:36

And then lastly, next Tuesday, October 17th.

4:40

We are holding a special hearing uh for the second of two required public meetings for the Brickworks Development Project.

4:47

That meeting will also be in the boardroom uh here at City Hall and on Channel 99 and the city's webpage and the staff report and agenda are online.

4:57

Uh they were posted this afternoon.

4:59

And that's all I have.

5:00

Great, thank you.

5:03

So our first order of business is to approve minutes of the past meetings.

5:08

So at this point, I'm looking for a motion for regarding the minutes of the September 11th, 2023 Planning Commission meeting.

5:16

I move for the approval of the September 11th, 2023 Planning Commission meeting minutes.

5:22

Second.

5:23

All in favor?

5:24

Aye.

5:25

That is a unanimous.

5:27

Next, we need approval for the September 12th, 2023 Planning Commission meeting minutes.

5:33

I move for the approval of the September 12th, 2023 Planning Commission meeting minutes.

5:38

Second.

5:39

That's a motion by Commissioner Beattie.

5:41

Second by Alderman McShane.

5:43

All in favor?

5:43

Aye.

5:44

Aye.

5:44

That is unanimous.

5:45

Next, we need a motion on the September 18th, 2023 Planning Commission workshop minutes.

5:50

I move for the approval of the September 18th, 2023 Planning Commission workshop minutes.

Discussion Breakdown — Share of Meeting
Public Comment████████████████████20%
Annexation███████████████████19%
Zoning And Land Use██████████████████18%
Transportation and Traffic████████8%
Site Plan Approval██████6%
Procedural█████5%
Accessibility█████5%
Stormwater Management████4%
Forest Conservation███3%
Summary of Proceedings

Frederick Planning Commission Meeting - October 9, 2023

The Frederick Planning Commission met on October 9, 2023, at 6:30 PM at City Hall. The meeting included approval of prior minutes, a consent agenda item, public hearings on a final plat, two final site plans, a forest conservation plan, and a major annexation request. Several votes were taken, with the most contentious item being the Winpenny annexation, which the Commission recommended denying by a 2-1 vote.

Consent Calendar

  • Minutes Approval: Unanimously approved minutes from the September 11, September 12, September 18, and October 6, 2023 meetings.
  • Sycamore Ridge Architectural Review (PC16-436-07PND): The Commission unanimously approved a modification to allow 1:1 window ratio (instead of the required 1.5:1 to 4:1) for side elevations of five new single-family models (Ballinger, Columbia, Hudson, Lehigh, Seneca) and approved the architectural elevations for those models.

Public Comments & Testimony

  • Maryland Deaf Community Center (Items D & E): Several members of the deaf community spoke in strong support of the project, emphasizing the need for a dedicated community space, the importance of "deaf space" design, and the inadequacy of current meeting places. Speakers included Eleanor Brown, Marcia Flowers, Mary Lynn Lolly, Brighetta Bourne Furl, Carol Hirsch, Joe Ortiz, and others. No public comments opposed the project.
  • 550 Highland (Item C): One speaker suggested adding a pedestrian/bicycle connection from the property to the adjacent Ring Quarter development, noting the city's goals for alternative transportation. The applicant noted potential security concerns but said they would consider the request.
  • Winpenny Annexation (Item F): Multiple residents of Winpenny Drive and nearby Tuscarora Creek testified in opposition. Concerns included loss of rural character, increased traffic on narrow roads, safety issues, and the lack of school capacity. Residents also opposed the proposed road connection through Winpenny Drive. One speaker (Amos Martin) supported housing growth but opposed the connector; another (David Bandy) objected to traffic impacts.

Discussion Items

  • 704 & 706 Trail Avenue Final Plat (PC23-472FSU): Staff recommended unconditional approval. The applicant seeks to resubdivide a 5,191 sq ft lot into two lots. The Zoning Board of Appeals had previously granted variances for lot size/width. A concern about the party wall as a firewall was resolved by the building department. Approved unanimously.
  • 550 Highland Final Site Plan (PC23-525FSI): A revision to a previously approved plan to demolish existing buildings and construct two warehouse/distribution buildings and one commercial building (total 469,090 sq ft) on 28 acres. The applicant requested a modification to count truck parking spaces toward parking requirements. Staff recommended approval with eight conditions, including shifting a loading space, addressing an encroaching entrance, and obtaining FAA/MAA approvals. The Commission approved the modification and the site plan with conditions (unanimous).
  • Maryland Deaf Community Center Final Site Plan (PC23-192FSI): Proposed demolition of three existing buildings and construction of a 10,700 sq ft community center at 720 N East Street. The plan includes a modification for access separation (reducing required separation from 200 ft to 90 ft) and a request for deferral of frontage improvements along Northeast Street due to ongoing East Street redesign. Staff recommended approval with five conditions. The applicant emphasized the importance of "deaf space" design for safety. Approved unanimously with conditions.
  • Maryland Deaf Community Center Combined Forest Stand Delineation and Preliminary Forest Conservation Plan (PC23-193FSCB): Afforestation requirement is 0.26 acres, but site constraints prevent a continuous canopy; applicant will pay a fee-in-lieu of $3,398. Approved unanimously with one condition to add a note about the fee.
  • Winpenny Annexation (PC21-1436ANX): Request to annex ~79 acres east of Tuscarora Creek and north of Kellerton, to be zoned R4 (low-density residential, up to 4 units/acre). Staff recommended approval but with amendments: require a 100-foot stream buffer (instead of 50 ft), increase the regional road contribution fee from $5,000/unit to a higher amount determined by the Board of Aldermen, make development contingent on a local street connection to Winpenny Drive, and require a $623,000 pro-rata share toward a water tank. The applicant agreed to most conditions but requested flexibility on the stream buffer width. Commissioners expressed concerns about premature development, lack of school capacity (elementary at 133% capacity), and connectivity issues. The Commission voted 2-1 to recommend denial of the annexation to the Mayor and Board of Aldermen.

Key Outcomes

  • Sycamore Ridge Architectural Review: Modification and elevations approved unanimously.
  • 704 & 706 Trail Avenue Final Plat: Approved unanimously.
  • 550 Highland Final Site Plan: Modification and site plan approved unanimously with eight conditions.
  • Maryland Deaf Community Center Final Site Plan: Three actions approved unanimously: (1) modification to reduce driveway separation to 90 ft, (2) recommendation to defer frontage improvements, (3) site plan approval with five conditions.
  • Maryland Deaf Community Center Forest Conservation Plan: Approved unanimously with one condition.
  • Winpenny Annexation: Motion to recommend denial passed 2-1 (Commissioners Beattie and Strawson in favor, Alderman MacShane opposed). The recommendation will be forwarded to the Mayor and Board of Aldermen.

Meeting Transcript

All right. We are now calling the meeting to order. And I would like to welcome everybody to the October 9th, 2023 meeting of the City of Frederick Planning Commission. Before we begin tonight's proceedings, I'd like to give a little bit of background of the Planning Commission and the procedures that we will be following this evening. Members of the Planning Commission are all residents of the city and are volunteers appointed by the mayor and the board of Alderman. The Commission is made up of five regular members and one alternate. All of tonight's cases have been appropriately advertised pursuant to section 301 of the land management code. And tonight, as the cases will be presented to the planning commission in the following format. First, we will have an introduction of the case. Then we will have a presentation of the case and the initial recommendation by staff. We will then have the commission questioning of the staff, followed by the applicant or authorized agent remarks regarding the case. We will then have the commission questioning of the applicant, followed by public comment. We will then have the applicant response to public comment. Following that, we will have commission discussion and questions on the case. And finally, we will conclude with commission action. In support of the Planning Commission, staff members from the city's planning, engineering, and legal departments are in attendance. And at this point, um anyone wishing to speak publicly tonight regarding any application, including members of the public, must be sworn in prior to giving their comments. People who are giving public comments, if you are an individual, you have three minutes to comment. If you're a person representing a group, you have 10 minutes for comments. The timing clock up here will let you know how much time you have left to give your comments. And if anybody is interested in giving public comment, there's a sign-up sheet over on the desk table over to the side of the room. We will take comments in the order that people have signed up on the sign-up sheet. Um, but then after after we take the people who have signed up, then there will be an opportunity for anybody else who has decided that they would like to give comment. All right, at this time, anybody who is planning on speaking, giving testimony tonight, please stand. Raise your right hand. And um to be sworn in, do you solemnly swear and 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. Thank you very much. Good evening. Uh, the first announcement I have is that our planning commission workshop will be held on uh Monday, September 16th, and the agenda and summaries for those items will be posted likely tomorrow afternoon or Wednesday morning. Uh those are items that will be coming up at a subsequent planning commission hearing, so I encourage folks to check those out to see what um the commission will be voting on in coming months. That same evening at 6 p.m. is our planning department community outreach meeting, which will also be at the boardroom here at City Hall. This is an informational meeting where applications that were just submitted to the city uh are being reviewed, so it's kind of just an information session and a great opportunity to learn about the newest submissions, uh, usually many months before they'd be considered by the planning commission. That meeting is also streamed on the city's website and on channel 99 for residents in the city. And then lastly, next Tuesday, October 17th. We are holding a special hearing uh for the second of two required public meetings for the Brickworks Development Project. That meeting will also be in the boardroom uh here at City Hall and on Channel 99 and the city's webpage and the staff report and agenda are online. Uh they were posted this afternoon. And that's all I have. Great, thank you. So our first order of business is to approve minutes of the past meetings. So at this point, I'm looking for a motion for regarding the minutes of the September 11th, 2023 Planning Commission meeting. I move for the approval of the September 11th, 2023 Planning Commission meeting minutes. Second. All in favor? Aye. That is a unanimous. Next, we need approval for the September 12th, 2023 Planning Commission meeting minutes.

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