Frederick Planning Commission Meeting - January 8, 2024

The Frederick Planning Commission met on January 8, 2024, at 6:00 PM in City Hall. Key actions included the election of officers, approval of a recommendation letter to the Mayor and Board of Aldermen regarding the city's organizational structure (proposing the planning department be elevated to its own city department reporting directly to the mayor), and approval of a final site plan and three modifications for a CarMAX service facility in Riverside Corporate Park.

Election of Officers

• Commissioner Beattie nominated Barbara Nicholas as Chair; motion seconded and passed unanimously.
• Commissioner Nicholas nominated Joan Strawson as Vice Chair and Commissioner Beattie as Secretary; motion seconded and passed unanimously.

Public Comments & Testimony

• Ed Hind (200 West South Street) commended Commissioners Beattie and Nicholas for the innovative approach to elevating the planning department. He noted that most Maryland municipalities have planning reporting directly to the mayor, and supported the proposal to study the change.
• Kevin Sellner (East Fifth Street, speaking for Citizens for Responsible Growth) congratulated Gabrielle Collard on her appointment and expressed support for the recommendation. He emphasized that a director-level position would attract better candidates and that workshops and hearings should examine best practices from other cities. He also urged that the board of aldermen receive the same level of response from the planning department.

Discussion Items

Consideration of Recommendation Letter on City Organizational Structure

• Commissioner Beattie, the author of the draft letter, presented his rationale: Frederick's unprecedented growth (7.21% since 2020, 2.4% per year) and complex projects (e.g., form-based code, MPDUs) require planning leadership at the highest level. He noted that Frederick appears to be the only municipality in Maryland where planning reports to the Department of Public Works rather than directly to the mayor. He proposed asking the mayor and board to study the feasibility of elevating the planning department, including workshops and expert testimony.
• Commissioner Manales questioned the effectiveness of a structural change versus a direct-reporting relationship, and asked for metrics on comprehensive plan implementation and implications of the change.
• Commissioner Nicholas supported the concept, citing growth statistics: Frederick's population (approx. 83,000) has grown at 2.3-2.4% per year, similar to Montgomery County's peak growth in the 1980s. She noted that other comparable cities (e.g., Annapolis) have a director of planning.
• Commissioner Lee expressed concern about the letter's wording, suggesting it should read as a proposal to consider rather than as a demand. She preferred a more collaborative drafting process with clear outcomes.
• Alderman McShane advised that to influence the upcoming national search for Joe Atkins' replacement, a letter should be sent quickly. He supported the slimmed-down letter with minor edits.
• After discussion, the commission agreed to amend the letter to include language about considering the appropriateness of the change, attracting better candidates, and including steps such as workshops and expert testimony. The amended letter was read into the record.

CarMAX Final Site Plan (PC23-929FSI)

• Sherry Kelly (Staff) presented the request for a 25.63-acre site in Riverside Corporate Park to construct four buildings (total 79,294 sq ft) for a vehicle inspection/refurbishing and wholesale auction facility. The applicant requested three modifications:
  1. Buffer modification: Replace a required 6-foot wall/hedge with a 6-foot black vinyl chain-link fence with black vinyl slats along the western property line.
  2. Parking lot interior landscaping modification: Forgo planting shade/ornamental trees in islands within a 125-foot First Energy easement, instead using low-growing shrubs.
  3. Dumpster enclosure modification: Provide landscaping on only two sides of the dumpster (the back faces an interior storage area).
• Staff recommended approval of all three modifications and the final site plan with six conditions, noting that compensating features (additional landscaping, wider buffers) are provided.
• Franzeller (applicant, Harris Smurry & Associates) explained revisions made since the workshop, including dropping a small asphalt strip and confirming that the fence and landscaping details address security and screening concerns.
• Commissioners asked clarifying questions. Commissioner Strawson noted that with 18.2% landscaping exceeding the 10% requirement, the second modification may be unnecessary, but staff clarified it is needed because the trees within the easement cannot be planted. The commission accepted this.
• No public comments were offered.

Key Outcomes

• Recommendation Letter: The commission voted 4-0 (Alderman McShane abstaining) to approve the amended letter as read into the record, authorizing the Chair to sign and send it to the Mayor and Board of Aldermen.
• CarMAX Modifications and Final Site Plan: All three modifications and the final site plan were approved unanimously (4-0 with Alderman McShane participating in these votes).
  • Motion for Modification 1 (buffer) passed with an amendment to specify "six-foot black vinyl chain-link fence with black vinyl slats."
  • Modification 2 (parking lot landscaping) and Modification 3 (dumpster enclosure) passed as submitted.
  • Final site plan approved with six conditions of approval noted in the staff report.
• The meeting adjourned after final votes.