Frederick Planning Commission Meeting - December 11, 2023

The Frederick Planning Commission met on December 11, 2023 at 6:00 PM at City Hall. The meeting covered approval of meeting minutes and the 2024-2025 deadlines schedule, a major reconsideration of the Brickworks master plan condition, and approvals for the Bloomfields age-restricted community's architectural and site plan revisions. The meeting was broadcast live on Channel 99.

Approvals (Consent Items)

• 2024-2025 Planning Commission Deadlines Schedules: Approved unanimously.
• Meeting Minutes: Approved: October 17, 2023; November 13, 2023; November 20, 2023 (workshop); December 8, 2023 (pre-planning commission). All approved unanimously.

Public Comments & Testimony (Brickworks Reconsideration)

• Heather Goddard (East Frederick Rising): Supported the commission's stance on requiring VCP compliance but urged that certain residential sections require certificate of completion before building permits, not just occupancy permits. Proposed two-stage milestone (approved RAP before building permit, certificate of completion before occupancy).
• Barbara Brown (MDE Voluntary Cleanup Program section head): Explained VCP procedures, emphasizing that remedial capping (e.g., parking lots, building slabs) is common and that an approved response action plan (RAP) can precede building permits. Noted that for fee-simple residential, soil must be clean to 10 feet.
• Roberta Huber (Maxwell Square): Expressed concern about residential areas and urged retaining building permit level requirement for those areas. Cited ongoing contamination issues near Fort Dietrich.
• Kevin Sellner (East History Street): Argued that residential sections need stricter protection, supported NFRD for commercial but not for residential. Noted that the city has a qualified environmental professional in the works but has been delayed.
• Applicant (Noel Manolo, Eric DeVito): Presented petition to modify condition 9 to allow no-further-requirements determination (NFRD) and change from building permit to occupancy permit for certificate of completion, citing MDE guidance and examples. Proposed alternative language from MDE. Stated they will not withdraw from VCP.

Discussion Items

• Brickworks Master Plan Reconsideration (PC22-1160MU): The commission reconsidered condition 9 of the October 17, 2023 conditional approval. The original condition required certificates of completion for each section before building permits. The applicant requested modifications to allow either NFRD or approved RAP before building permits, and certificate of completion before occupancy permits. Extensive testimony from MDE and public. After discussion, the commission crafted revised condition.
• Bloomfields Architectural Review (PC18-387-06MU): Request to approve revised elevations for Albright model (adding new elevation A with overhang) and clubhouse (changed from one building to two). Staff recommended unconditional approval. Applicant agreed. No public comment. Approved unanimously.
• Bloomfields Combined Preliminary Plat and Final Site Plan (PC23-776PSU/FSI): Request to approve revised clubhouse and pool plan (from single 17,163 sq ft building to two buildings totaling 19,985 sq ft, larger pool deck, two additional parking spaces). Staff recommended approval with five conditions. Applicant agreed. No public comment. Approved unanimously.

Key Outcomes

• Brickworks: Motion passed 3-0 (Commissioners Strawson, Beattie, MacShane? Note: agenda lists Strawson, Menelas, Valencia, MacShane; transcript references Commissioner Beattie and Commissioner Nicholas, not on agenda. The vote was 3 ayes, no nays.) The motion (by Commissioner Nicholas, second by Strawson) approved the master plan with original conditions 1-7, condition 8 (three-acre parkland east of East Street), and revised condition 9: "The applicant shall ensure that the brickworks property is accepted into MDE VCP. For each given section, submit either a no-further requirements determination or an approved response action plan from MDE prior to obtaining building permits. For sections with an approved response action plan, submit a certificate of completion prior to obtaining occupancy permits."
• Bloomfields Architectural Review: Approved unanimously (motion by Beattie, second Strawson).
• Bloomfields Preliminary Plat and Final Site Plan: Approved unanimously (motion by Strawson, second Beattie).

Note: The official agenda listed Commissioners Joan Strawson (Chair), Dorothy Menelas (Vice Chair), Natasha Valencia, and Ben MacShane. The transcript repeatedly refers to "Commissioner Beattie" and "Commissioner Nicholas", who are not listed on the agenda. This may indicate an alternate commissioner or a transcription error. The vote tallies reflect only three commissioners present.