Frederick Planning Commission Workshop - November 17, 2025

The City of Frederick Planning Commission convened on November 17, 2025, for a workshop reviewing five major agenda items: site plans for commercial and retail developments (Thomas Johnson Drive, Carvana, and Sheets), a proposed zoning text amendment for ground-floor residential in Mixed Use districts, and continued revisions to the Planning Commission's Rules of Procedure. The meeting emphasized the distinction between project specifics and applicant-requested modifications, as well as the procedural boundaries between administrative staff and quasi-judicial decision-making.

Consent Calendar

• No routine consent calendar items were discussed as the meeting focused on substantive workshop deliberations and public testimony.

Public Comments & Testimony

• Heather Goddard: Expressed opposition to the Zoning Text Amendment (PC 25-249), arguing that amending the Land Management Code for a specific large-scale project (Brickworks) is inappropriate and that such changes are better suited for the Zoning Board of Appeals or the future Form-Based Code implementation.
• Sharon Kemper Cerez: Provided extensive testimony advocating for the adoption of specific sections from the Frederick County Planning Commission Rules of Procedure. She recommended incorporating protocols for special committees, evidence proceedings, cross-examination, and communication with division managers to strengthen the commission's quasi-judicial role.
• Peter Brem: As the incoming District Three Council member, expressed constituent interest in updating the Comprehensive Plan and Land Management Code, seeking formal guidance and recommendations from the Planning Commission to initiate these updates.

Discussion Items

• Thomas Johnson Drive (PC 25-244): Oshman Properties requested four modifications to integrate a professional office campus across two lots (4C and 4D), including exceeding parking maximums on one lot to preserve frontage green space, reducing loading space requirements, and modifying lot line screening along easements. Commissioner Valencia suggested reconfiguring parking to eliminate modifications, but applicant Mary Patton responded that such a change would result in a visually disjointed campus and increased paving; Commissioner Bologna discussed the potential for integrated parking between separate parcels, which Patton stated is difficult due to existing grades and grading constraints.
• Carvana (PC 25-488): Applicant Jody Walker presented a re-approval of a previously approved 2021 site plan, requesting one modification to eliminate 10% interior landscaping in vehicle storage and inventory areas to prevent leaf and bird droppings from accumulating on vehicles. Staff noted this modification was already described in the report but acknowledged the need for clearer formatting. Commissioner Valencia expressed support for the extra landscaping in visitor areas.
• Sheets on East Patrick Street (PC 25-491/492): Applicant Franz Eller discussed a rebuild project replacing 16 gas pumps with 12 and reducing parking spaces from 52 to 38 to accommodate a new drive-thru. The applicant requested a lighting modification acknowledging unavoidable light spillage at zero foot-candles at property lines, citing safety requirements at entrances. Commissioner Valencia requested clarification that the revised lighting plan would prioritize safety at entrances despite the spillage. Commissioner Llewellyn asked for clarification on traffic flow management at the Minocase Boulevard intersection.
• Zoning Text Amendment (PC 25-249): Applicant Jay Diamond proposed an amendment to Table 838-1 to allow residential uses on the first floor of Mixed Use (MU) district buildings with a gross floor area over 35,000 square feet. Commissioner Valencia supported the amendment for improving accessibility to ground-floor living. Commissioner Nellis questioned the lack of a formal definition for "mixed-use vertical buildings" and the potential impacts on parking and APFO calculations. Commissioner Bologna and Staff discussed the need for specific design guidelines for mixed-use facades, with Staff suggesting commercial standards apply to the first floor. Applicant Eric DeVito noted that other municipalities often allow this mix via Form-Based Codes or existing codes without text amendments.
• Rules of Procedure: Staff presented updates to the Rules of Procedure regarding meeting times, public comment batching, and information requests. A significant debate occurred regarding Section 9.1 (formerly 10.9), which states commissioners "take no part in... research of matters of fact." Commissioner Valencia and others argued for removing this language to allow commissioners to request and access information more freely to ensure a complete record, whileStaff and Commissioner Llewellyn argued the language is critical to prevent commissioners from introducing independent findings of fact that could jeopardize the quasi-judicial nature of decisions in court. The commission agreed to reference Ordinance G24-16C regarding information requests and debated removing the specific prohibition on independent research.

Key Outcomes

• Thomas Johnson Drive: The commission proceeded with discussion of the modifications without a final vote, as the case remains in workshop and a vote will occur at the subsequent hearing.
• Carvana: The commission proceeded without objection, noting the re-approval process for the site plan.
• Sheets on East Patrick: The commission deferred final action pending the submission of the revised lighting plan, which is required to address Commissioner Valencia's safety concerns regarding light spillage at entrances.
• Zoning Text Amendment: No final vote was taken. The applicant agreed to remove the condition limiting residential use to 50% of the first floor after Commissioner Manelis raised logical concerns about the definition of mixed-use vertical buildings. The commission deferred the final recommendation pending further clarification on design guidelines and the definition of mixed-use vertical buildings.
• Rules of Procedure: The commission requested that Ordinance G24-16C be cross-referenced in the Rules of Procedure regarding information requests. Commissioner Valencia will continue to advocate for the removal of the "research of matters of fact" prohibition, while the commission acknowledged the need for better documentation of information flow processes. The meeting was adjourned without finalizing the Rules of Procedure revisions.