Frederick Planning Commission Meeting December 11, 2023: Brickworks Reconsideration and Bloomfields Approvals
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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.
Meeting Transcript
Good evening. We do have a quorum here, and it is six o'clock. So welcome to the December hearing for the City of Frederick Planning Commission. So before beginning tonight's proceedings, I'd like to give a little bit of background on 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 appointed by the mayor and board of Alderman. The Commission is made up of five regular members and one alternate, and our power and duties are assigned by the Charter of the City of Frederick. With us this evening are Gabrielle Collard and other members from the city's planning department. That was a long, sort of in the middle of a sentence. And Scott Waxter from the city's legal department is with us also. Back up to the uh commissioners for comments and questions. Then we will ask if there's any public comment. After that, if there is, and the applicant would like to have a rebuttal, um, then the applicant will come up to do a rebuttal. And then it finally comes back to the commission for its discussion motion and action. So at this time, we will do a swearing in. So if um everyone from the staff, the applicant, and anyone from the public who is going to testify tonight, please stand and raise your right hand. Do you solemnly swear or 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, say I do. Okay, and thank you. And so that we're just requesting your approval, and we have taken into account um the major city holidays, so you'll see some regularly scheduled meetings for Mondays noted as Tuesdays on the calendar. Happy to answer any questions. Okay. Commissioner Beattie. Any questions, comments? No, thank you. Commissioner Strawson. No questions. Alderman McShane. No, thank you. Okay. Any public comment on this item? Okay. I think we are good. And looking for a motion. I move for um approval of the 2024-2025 planning commission deadline schedules as presented in the staff report. Second. That is a motion from Commissioner Strausson. Second from Commissioner Beattie. All those in favor? Aye. Aye. So I went right out over the minutes. I know that is the favorite part of the agenda for all of us. So before we go on to our next um item, which is the old business, we are going to go back to our minutes. So first, um looking for a motion for the October 17th, 2023 Planning Commission meeting minutes. I move for the approval of the October 17th, 2023 Planning Commission meeting minutes. Second. Okay. That is a motion from Commissioner Beattie, second Commissioner Strausson. All those in favor? Aye.
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