OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Frederick Planning Commission Meeting – November 12, 2024

Planning CommissionTuesday, November 12, 2024
BodyFrederick, Maryland
SessionPlanning Commission
DateTuesday, November 12, 2024
StatusFILED
Video Record

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Transcript — Verbatim
3:26

Welcome to the um November twelfth twenty twenty-four meeting of the City of Frederick's Planning Commission.

3:36

Um, before we begin tonight's proceedings, I'd like to give a little background of the planning commission and the procedures that we will follow for this evening.

3:45

Um, members of the planning commission are all residents of the city and are volunteers appointed by the mayor and board of aldermen.

3:52

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

3:57

Its powers and duties are assigned by the Charter of the City of Frederick and described in Section Two O two of the Land Management Code.

4:06

All of tonight's cases have been appropriately advertised pursuant to Section Three O One of the Land Management Code.

4:13

Cases will be presenting tonight to the Planning Commission following in the following order.

4:21

Introduction of the case, presentation of case and initial recommendation by staff, commission questioning of staff, applicant or authorized agent remarks regarding the case, commission questioning of the applicant, public comment, applicant response to public comment, commission decision and questions, commission action.

4:48

Staff members of the city's planning, engineering, and legal departments are in attendance.

5:09

Members of the public will have three minutes to give comments.

5:12

Anyone representing a group will have 10 minutes to give comments.

5:21

At this time, anyone planning to give testimony tonight, please stand and raise your right, raise your right hand to be sworn in.

5:33

Do you solemnly swear or affirm 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?

5:42

If so, please say I do.

5:44

Thank you.

5:47

Before we start the review of our cases this evening, we do have several administrative items to take care of.

5:53

Um we'll start with item number two of the agenda announcements.

6:00

Thank you very much.

6:01

Um just two of our standard announcements.

6:03

One is that we have our planning commission workshop is being held next Monday at 2 p.m.

6:09

in this room.

6:10

Uh the items that are scheduled for the workshop are um posted on online on the city's public meeting page, and those are future projects that'll be at the hearing.

6:19

And then the other announcement is that uh that same evening we have our citywide planning department community outreach meeting, and that's at 6 p.m.

6:27

and um showcases all of the newest, latest, and greatest applications to be filed with the department.

6:33

So that is all I have.

6:34

Thank you.

6:36

All right, thank you.

6:37

Um next on the agenda are the minutes.

6:41

Um I'll take a motion for the approval of the October 14, 2024 Planning Commission meeting minutes.

6:53

Madam Chair, I just want to say that uh I need to recuse myself because I missed both those meetings.

6:58

Okay.

7:02

Can I get a motion from someone?

7:04

I did.

7:05

I'll make a motion for their approval of the October 14, 2024 planning commission meeting minutes.

7:10

Second.

7:12

Okay.

7:13

One affirm one second.

7:15

Ummissioner Valencia affirm and commissioner Lee second.

7:22

And um BD abstains.

7:26

Um the October 21, 2024 Planning Commission workshop minutes.

7:36

I move for the approval of the October 21st, 2024 Planning Commission workshop minutes.

7:42

A second.

7:44

Okay, that's um a motion from Commissioner Lee, a second by Commissioner Valencia, and abstain from Ron and myself.

7:55

Um again, I'll take a motion for the approval of the November 8, 2024 pre-planning commission meeting minutes.

8:03

Um I'll move for the approval of the November 8th, 2024 pre-planning commission meeting minutes.

8:09

Second.

8:11

Okay.

8:14

So that is a um a motion made by Commissioner Valencia, second by Commissioner Battie.

8:24

All in favor?

8:25

All right.

8:26

Okay.

8:28

For affirmed, thank you.

8:33

Next on the item, next on the agenda is sent items.

8:43

Correct.

8:43

And I don't believe we have any on the agenda this evening, so we can bypass that.

8:47

Okay.

8:48

And the next thing we have item on the agenda is number five, continuances.

8:54

Um, I think we received an email about PC 24 622 PFCP preliminary forest conservation plan for brickworks.

9:07

Um I'll take a motion for that, or do you want to have anything to add to that?

9:12

Um correct.

Discussion Breakdown — Share of Meeting
Zoning And Land Use███████████████████████████████████████████43%
Public Comment██████████████14%
Parks and Recreation████████████12%
Procedural███████████11%
Parking Policies█████5%
Tree Planting███3%
Community Engagement██2%
Mixed Use Development██2%
Small Business Programs██2%
Summary of Proceedings

Frederick Planning Commission Meeting – November 12, 2024

The City of Frederick Planning Commission met on November 12, 2024, at 6:00 PM at City Hall (101 N. Court Street) to consider several agenda items including a zoning map amendment for Hillcrest Park, a text amendment for catering uses, and a preliminary plat for the Brickworks development. Chair Joan Strawson presided. The meeting included public comments and votes on multiple actions.

Minutes Approval

  • October 14, 2024 Planning Commission Meeting Minutes: Approved (motion by Commissioner Lee, second by Commissioner Valencia; Commissioners MacShane and Menelas abstained).
  • October 21, 2024 Planning Commission Workshop Minutes: Approved (motion by Lee, second by Valencia; same abstentions).
  • November 8, 2024 Pre-Planning Commission Meeting Minutes: Approved (motion by Valencia, second by Beattie; all in favor).

Miscellaneous

  • PC18-189PSU/FSI – 800 E. Patrick Street Extension: The applicant requested a one-year extension for the combined preliminary plat/final site plan and APFO certificates (water, sewer, school). Staff supported, noting the applicant is working with an engineering firm. The commission approved both extensions unanimously to November 11, 2025. (Motions by Beattie, second by Valencia.)

Old Business

  • PC24-658ZMA – Hillcrest Park Rezoning (Zoning Map Amendment): The City requested a recommendation to the Board of Aldermen to rezone 4.15 acres at Hillcrest Park from Open Space (PRK) to Institutional (IST) for a future Frederick County public library. Staff (Pam Reppert) and applicant (Mark DiCicco) presented. Discussion included park usage data (low reservations, outdated ball field), population growth from 26,319 in 1975 to over 88,000 in 2024, and the need for a west-side library. Commissioner Beattie raised concerns about preserving two play areas and existing tree stands. Two actions were taken:
    1. Removal of PRK floating zone: Approved unanimously (motion by Lee, second by Beattie) with findings that the city intends to discontinue park use and the request is consistent with Comprehensive Plan Policy 6.
    2. Placement of IST floating zone: Approved 3-1 (motion by Beattie, second by Valencia; one opposed) with a stipulation that the county maintain current play areas and existing tree stands on the site. Findings cited population growth and availability of public facilities.

New Business

  • PC24-765ZTA – Text Amendment: Catering in MU-1 and MU-2 Districts: Applicant (Clark Adams of Pal LC) sought to add caterer as a permitted use in mixed-use districts. Staff (Sherry Kelly) presented the proposed definition requiring that on-site retail food sales be less than 50% of annual receipts to remain accessory. Commissioner Valencia proposed 70% to protect new startups, citing potential foot traffic and parking concerns. Staff and applicant argued that 50% is standard and provides a clear threshold for enforcement. The commission voted to recommend approval as submitted (motion by Lee, second by Beattie; 3-1, Valencia opposed). A written public comment from Jim Schmierer was entered into the record.
  • PC24-621PSU – Brickworks Preliminary Plat: Applicant (Eric DeVito, Greenberg Gibbons) requested approval to subdivide 64.61 acres into six lots, three outlots, and dedicated parkland. Modifications to engineering street detail 9.0 (reverse shared-use path on Southeast Street to preserve trees) and to LMC Section 605F (eliminate street trees on west side of Southeast Street and along Monocacy Boulevard due to dam safety) were presented. Staff recommended approval with 14 conditions. Public comments included:
    • Heather Goddard (East Frederick Rising) requested exploring shared-use paths on outlots A, B, and C under power lines to connect to South Street and the MARC train station, suggesting dedication to the city for parkland credit.
    • Hannah Nickerson (415 Sherman Avenue) supported bicycle and pedestrian connectivity and asked about bioretention and dignified relocation of any individuals on site.
    • The applicant responded positively to considering shared-use path dedications and noted ongoing site plan work for lots one, four, and six.

The commission voted on four modifications and the final plat:

  1. Modification to street detail 9.0 (Southeast Street): Approved (motion by Beattie, second by Valencia, unanimous).
  2. Modification to LMC Section 605F (eliminate street trees west side Southeast Street): Approved (motion by Lee, second by Valencia, unanimous).
  3. Modification to LMC Section 605F (eliminate street trees along Monocacy Boulevard): Approved (motion by Valencia, second by Beattie, unanimous).
  4. Recommendation to City Council for acceptance of parkland with forest conservation easements: Approved (motion by Beattie, second by Lee, unanimous).
  5. Approval of preliminary plat subject to 14 conditions: Approved (motion by Lee, second by Valencia, unanimous).

Key Outcomes

  • 800 E. Patrick Street: One-year extension granted to November 11, 2025, for both the plat and APFO certificates.
  • Hillcrest Park Rezoning: Commission recommended to the Board of Aldermen to remove the PRK zone (unanimous) and apply the IST zone (3-1) with a stipulation to preserve existing play areas and tree stands.
  • Catering Text Amendment: Commission recommended approval of the text amendment as proposed (3-1).
  • Brickworks Preliminary Plat: Approved with modifications and conditions; the related preliminary forest conservation plan (PC24-622PFCP) was continued to the December 9, 2024 meeting.
  • Meeting Adjourned: Approximately after Brickworks decisions.

Meeting Transcript

Welcome to the um November twelfth twenty twenty-four meeting of the City of Frederick's Planning Commission. Um, before we begin tonight's proceedings, I'd like to give a little background of the planning commission and the procedures that we will follow for this evening. Um, members of the planning commission are all residents of the city and are volunteers appointed by the mayor and board of aldermen. The commission is made up of five regular members and one alternate. Its powers and duties are assigned by the Charter of the City of Frederick and described in Section Two O two of the Land Management Code. All of tonight's cases have been appropriately advertised pursuant to Section Three O One of the Land Management Code. Cases will be presenting tonight to the Planning Commission following in the following order. Introduction of the case, presentation of case and initial recommendation by staff, commission questioning of staff, applicant or authorized agent remarks regarding the case, commission questioning of the applicant, public comment, applicant response to public comment, commission decision and questions, commission action. Staff members of the city's planning, engineering, and legal departments are in attendance. Members of the public will have three minutes to give comments. Anyone representing a group will have 10 minutes to give comments. At this time, anyone planning to give testimony tonight, please stand and raise your right, raise your right hand to be sworn in. Do you solemnly swear or affirm 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. Before we start the review of our cases this evening, we do have several administrative items to take care of. Um we'll start with item number two of the agenda announcements. Thank you very much. Um just two of our standard announcements. One is that we have our planning commission workshop is being held next Monday at 2 p.m. in this room. Uh the items that are scheduled for the workshop are um posted on online on the city's public meeting page, and those are future projects that'll be at the hearing. And then the other announcement is that uh that same evening we have our citywide planning department community outreach meeting, and that's at 6 p.m. and um showcases all of the newest, latest, and greatest applications to be filed with the department. So that is all I have. Thank you. All right, thank you. Um next on the agenda are the minutes. Um I'll take a motion for the approval of the October 14, 2024 Planning Commission meeting minutes. Madam Chair, I just want to say that uh I need to recuse myself because I missed both those meetings. Okay. Can I get a motion from someone? I did. I'll make a motion for their approval of the October 14, 2024 planning commission meeting minutes. Second. Okay. One affirm one second. Ummissioner Valencia affirm and commissioner Lee second. And um BD abstains. Um the October 21, 2024 Planning Commission workshop minutes. I move for the approval of the October 21st, 2024 Planning Commission workshop minutes. A second. Okay, that's um a motion from Commissioner Lee, a second by Commissioner Valencia, and abstain from Ron and myself. Um again, I'll take a motion for the approval of the November 8, 2024 pre-planning commission meeting minutes. Um I'll move for the approval of the November 8th, 2024 pre-planning commission meeting minutes. Second. Okay. So that is a um a motion made by Commissioner Valencia, second by Commissioner Battie. All in favor? All right.

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