Frederick Planning Commission Workshop – September 15, 2025

The Frederick Planning Commission held a workshop on September 15, 2025, at 2:00 p.m. in City Hall. The workshop covered revisions to the Frederick Commerce Center South development, a zoning text amendment to allow residential uses on the first floor of certain mixed-use buildings, a recommendation letter on MU phasing, and updates to the commission's Rules of Procedure. No formal votes were taken; discussions set direction for future hearings and staff actions.

Frederick Commerce Center South – Preliminary Plat and Forest Conservation Plan (PC25-395PSU / PC25-396PFCP)

• The applicant (Trammel Crow Company / Kimley-Horn) presented revisions to consolidate lots and reconfigure forest conservation areas to accommodate a specific end user. They noted that a previously active bald eagle nest is now inactive.
• The site will continue to meet annexation conditions and prior approval conditions. APFO certificates have been issued. A private forest main for sewer will be required.
• Staff confirmed that the archaeological assessment is complete and that APFO certificates will need to be revalidated before the hearing.
• The case is scheduled for a hearing on November 10, 2025.

Frederick Commerce Center South Lot 4 – Final Site Plan (PC25-397FSI)

• The applicant presented a site plan for a ±225,000 sf warehouse and logistics building with two auxiliary structures (6,300 sf total). The plan includes 264 EV charging spaces and eliminates the direct connection to Gas House Pike.
• The applicant noted ongoing discussions with staff regarding a potential parking modification for delivery van areas, and a possible lighting modification for spillover onto adjacent logistics uses.
• Staff indicated that stormwater approval is pending and that APFO certificates must be obtained before the hearing. Additional comments were added after the DRC meeting; the applicant will address them in the next submission.
• The case is also scheduled for the November 10, 2025 hearing.

Zoning Text Amendment – Section 838 (Table 838-1) Use Regulations (PC25-249ZTA)

• The applicant (Offit Kurman on behalf of the Brickworks development) proposed adding “residential” as a permitted first‑floor use in MU‑1 and MU‑2 zones for buildings where the site plan covers more than three acres. The current code only lists retail, office, and industrial.
• The applicant argued the change would allow modest amounts of non‑residential ground‑floor activity alongside residential units, improving activation and design flexibility for large projects.
• Commissioners expressed support for the concept but raised concerns about the absence of design guidelines, the need for parameters (e.g., minimum amounts of active use, street classification requirements), and whether a simple “residential” addition without qualifiers is sufficient.
• Staff noted that existing design guidelines separate commercial and residential treatments, and that street‑classification requirements for active uses (50% on certain streets) could be relevant. They also cited precedent in the downtown business district for partial conversions of ground floors to residential.
• The commission directed staff to refine the amendment with more specific standards before it returns for further discussion.

MU Phasing Text Amendment – Recommendation Letter

• Staff had prepared a letter to the City Council regarding a proposed text amendment to modify mixed‑use phasing requirements. The commission discussed revisions.
• The commission agreed to recommend retaining the current 75‑25 phasing structure but called for adding a modification provision that would allow an applicant to request an alternative schedule based on economic data and justified findings.
• The letter will be finalized through staff: commissioners may send minor comments to staff, who will compile them and present a final version to the Chair for signature. If substantive disagreements arise, the matter will be brought back to a public meeting.

Rules of Procedure – Discussion and Planned Training

• The commission reviewed updated draft Rules of Procedure, including new sections on attendance requirements (50% minimum, per state law), the role of alternate members, and provisions for pre‑planning commission meetings where general information and training topics may be presented.
• A significant portion of the discussion focused on the quasi‑judicial role of the commission, particularly the prohibition on independent research of facts. Commissioners raised concerns about situations where they feel additional information is needed and have had difficulty obtaining it from staff in a timely manner.
• Staff acknowledged past communication issues (e.g., the Co‑Star report) and committed to clarifying processes. Commissioners urged a clearer policy for when the commission can request information and what staff’s responsibility is to flag inaccurate statements from applicants.
• The commission decided to schedule a formal training session on quasi‑judicial decision‑making and proper motion language. The training will take place at the October workshop (in‑person) and will also include the new incoming commissioner.
• The commission expressed strong dissatisfaction with late packet deliveries and indicated that cases not ready in time for proper review may be pulled from the hearing agenda.
• No vote was taken on the Rules of Procedure; the discussion will continue at a future workshop after the training.

Key Outcomes

• No formal votes were taken; all items remain in progress.
• The Frederick Commerce Center South preliminary plat and final site plan are scheduled for a hearing on November 10, 2025, pending completion of outstanding technical items.
• The zoning text amendment will be revised by staff to include more specific design parameters and street‑classification standards before returning to the commission.
• The MU Phasing recommendation letter will be finalized by staff based on the commission’s direction (maintain 75‑25, add a modification option) and signed by the Chair after commissioners submit minor comments.
• A quasi‑judicial training session will be held at the October 2025 workshop, with the new commissioner included.
• The commission reiterated that late packet delivery is unacceptable and may result in cases being removed from the agenda.