Planning Commission Workshop Summary: July 15, 2024 (Frederick, MD)
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Planning Commission Workshop – July 15, 2024
The City of Frederick Planning Commission held a workshop on July 15, 2024, at 2:00 PM at City Hall. The workshop covered three agenda items: two related to the Frederick Commerce Center South development (preliminary subdivision/forest conservation plan and a final site plan for Lot 4) and one final site plan for 5 Davis Avenue. No votes or formal decisions were made; the session was for discussion and feedback ahead of a public hearing scheduled for September 2024.
Consent Calendar
- No consent calendar items were presented.
Public Comments & Testimony
- No members of the public provided comments on any agenda item.
Discussion Items
Frederick Commerce Center South – Preliminary Subdivision (PC24-321PFCP) & Preliminary Forest Conservation Plan (PC24-319PSU)
- Applicant presentation (Bruce Dean, Joe Whitebread, Chris Moriga): The project encompasses 241 acres zoned M1 (light industrial) on the annexed Toms and Mercer farms. The preliminary plat creates multiple lots to continue the existing industrial park. A preliminary forest conservation plan proposes larger contiguous forest areas. The applicant requested three modifications:
- Removal of some specimen trees (citing undue hardship due to topography and the need to create developable areas without exporting large amounts of dirt; removal would allow about 85,000 sq ft of building area worth an estimated $95,000–$100,000 in annual city property taxes).
- Reconfiguration of the standard street detail for the shared-use path to accommodate future widening of Logistics Park Road.
- Adjustment of the minimum right-of-way width to match the existing road section on the north side of the park.
- Key issue – Bald eagle nest: A new bald eagle nest was discovered on the property (migrated from the airport). The applicant is pursuing a disturbance permit from US Fish and Wildlife Service to allow development within a certain radius during specific times of year. The airport is considering removal. Staff (Pam Reppert) emphasized the need for feedback from the Maryland Department of Natural Resources (DNR) before determining acceptable protections.
- Traffic and APFO (Sharon Suarez and Charian – city staff): The Adequate Public Facilities Ordinance (APFO) testing is underway. Traffic analysis identified three intersections (26 & Monocacy, East Patrick & Monocacy, Monocacy & Gas House Pike) that do not meet city standards but are constrained or already part of capital improvement projects. One intersection (Gas House Pike & Linganore Road) is under Frederick County jurisdiction and already slated for improvements. Two additional intersections (Monocacy & Laurel Wood Way, Gas House Pike & Progress Drive) may be mitigated via signal improvements with applicant contributions. A provisional APFO certificate will be required before plan approval.
- Commissioner questions: Commissioners asked about truck routing (intent is all commercial traffic west on Gas House Pike, not toward Linganore; signage will be installed), the emergency-only gated access to Linganore, the location of lots 9 and 10, the shared-use path connectivity, the aviation easement, and the archaeological letter (received for Toms; pending for Mercer). The applicant noted a DNR letter indicating no concerns for species impact.
- Staff position: Waiting for stormwater approval, APFO certificates, archaeological confirmation for Mercer, and DNR input on the eagle nest before recommending approval. Staff recommended redesigning forest conservation to protect high-canopy trees and avoid deep swaths.
Frederick Commerce Center South Lot 4 – Final Site Plan (PC24-320FSI)
- Applicant presentation: Lot 4 is the northernmost of the large lots, fronting Gas House Pike and Logistics Park Road. Two buildings are proposed: 192,000 sq ft and 211,000 sq ft (rear-load, smaller than cross-dock facilities on Lot 3). Uses could include light manufacturing, cabinet fabrication, etc. Access: one in-only from Gas House Pike, truck entrance from Logistics Park Road, and a vehicle entrance from Logistics Park Road. The shared-use path will be extended along the frontage.
- Key discussion points: The avigation easement must be recorded before the public hearing. The applicant noted that this industrial space is rare in Frederick County, especially for smaller users (50,000–100,000 sq ft). No modifications were requested for this site plan.
- Staff position: Same prerequisites as the preliminary plat: stormwater approval, APFO certificates, and confirmation of archaeological clearance for the Toms property. Staff also noted that the final site plan is contingent on the preliminary plat being approved first.
5 Davis Avenue – Final Site Plan (PC23-1302FSI)
- Applicant presentation (Bill Brennan, Carrie Taylor): Proposed a 2,800 sq ft commercial building on three existing 25-foot lots (zoned GC – General Commercial). The applicant (WhipSmart Marketing) currently rents on Patrick Street and will move operations to this site, staying in the neighborhood. Water and sewer testing were delayed (water test approved in May 2024 after application in October 2023; sewer still pending since November 2023). A Phase I archaeological study concluded the lot was disturbed with no further action needed. The site is within the airport overlay zone; FAA and MAA approvals obtained. Stormwater plan is under city engineering review.
- Commissioner questions: No modifications requested. Commissioner noted that while the area has existing residential homes, the GC zone allows commercial use by right. The applicant voluntarily proposed buffering along lot lines adjacent to neighboring residences. Both commissioners expressed support and appreciation for the buffering.
- Staff position: Monica Robbins stated the plan is straightforward. APFO certification is still pending; she has notified the APFO coordinator (Tech) to prioritize the review. Stormwater review continues. No other outstanding items.
Key Outcomes
- No formal votes or decisions were taken. All three items are expected to return for a public hearing in September 2024.
- Direction to applicant (Frederick Commerce Center South): Address staff and commissioner concerns regarding:
- Submit a detailed modification letter for specimen tree removal.
- Obtain DNR input on the bald eagle nest and disturbance permit.
- Work with traffic staff to finalize APFO provisional certificate (mitigation for two intersections).
- Confirm archaeological no‑further‑action letter for the Mercer property.
- Record the avigation easement.
- Direction to applicant (5 Davis Avenue): Await APFO approval and stormwater review; staff will expedite APFO processing. No additional changes requested.
- Next steps: Staff will prepare formal reports and recommendations for the September public hearing. The agenda will include all three items for potential approval.
Meeting Transcript
Welcome to July 15, 2024 workshop of the City of Frederick Planning Commission. Before beginning today's proceedings, I'd like to give an overview of the process we will follow today. Since it is different than the process we use for the hearing. For each item on our agenda, we will start the conversation with the applicant by having them come up to the front table and walk us through their project. For those of you who are new to the process, we do ask that you provide a thorough overview of your application, specifically addressing any modifications that you are requesting. Following the applicant applicant's presentation, the commission will then ask any questions of the applicant. Then we will ask staff to add their comments on the application, followed by the commission's questions, comments to staff. After the staff presentation, we we may go back to the applicant for additional questions. We will then ask for public comment and if needed, go back to the applicant andor staff with additional questions. Anyone wishing to make public comment is asked to sign up on the sign sheet provided on the table to my left. Then anyone who has not signed up will be given the opportunity to comment. Before beginning public comments, please give your name and address. Public comments are three minutes long. You will be able to see the timer somewhere in the room. And then you'll have 30 seconds remaining. Anyone speaking publicly at the meeting regarding any application must be sworn in prior to giving their remarks, including the applicant, city staff, and members of the public. Therefore, at this time, I ask that anyone who anticipates giving comments or testimony on any agenda item, please stand up to be sworn in. Do you solemnly swear or firm that the response is given and the statements made in this hearing before the planning commission will be the whole truth and nothing but the truth? If so, please say I do. Thank you. If you can please come up, thank you very much. So are we not expecting either of the others? No. No. Okay. Good thing you don't have to vote today. Good thing for us you don't have to vote today. Um good afternoon for the record, uh, Bruce Dean with McCurdy Dean and Gratator, Joe Whitebread with Tramell Crow and Company, and Chris Moriga with Harris Morgan Associates. Um we have two items that we're gonna be discussing with you today related to Frederick Commerce Center South. The first is the preliminary subdivision, and then followed by a site plan on one of the lots that's shown on that preliminary, as you may recall. There's these properties, the Toms and Mercer farms were annexed into the city. Um with that approval being late in 2023. I think it was December, right before Christmas. And last month in June, the county council voted to give express approval of the annexation, which meant that the zoning became valid and development could commence immediately. We didn't have to wait five years, so we were very happy about that. Um if that hadn't happened, I don't know that we'd necessarily be here today. Because the city doesn't actually have a real firm policy on what happens if the county doesn't give express approval. So it's happened, but it's been a long time. Um so in that case, we are here. We do have our zoning valid, and so these plans can move forward, and with that, I'm gonna turn it to Joe to walk you through the project. Thank you. Um so the first two items we're discussing now are the preliminary subdivision plat and the preliminary forest conservation plan. The goal of these two documents is really to uh sort of set up a framework for the overall development. So create all the lots that we anticipate using uh and do with forest conservation for the entire project. Uh and then subsequently we'll discuss the site plan for one of these specific lots that we have in. Um, our idea is to continue the industrial park that was started with Frederick Commerce Center lot three. That is the warehouse building that is constructed and uh now has an active user occupying part of the building along Gas House Pike and is you know part of the extension. We're looking at more warehouse product, uh slightly different. The one that is constructed on lot three is a very large crosstalk facility, uh, which just means it has loading bays on either side of the building, and product moves or can move from sort of one side to the other. Uh some of the buildings that we might consider on uh some of these lots uh will be rearloaded products, so they will be smaller in size, uh, and you'll see that with the lot four site plan.
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