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 new to the process, we do ask that you provide a thorough overview of your application, specifically addressing any modifications that you will be requesting.

Following the applicant 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 questions and comments to staff.

After the staff presentation, we may go back to the applicant for additional questions.

And if needed, go back to the applicant and our staff with additional questions.

Anyone wishing to make public comments is asked to sign up on the sheet provided at the table just inside the door.

And when taking public comment, we will invite people up in the order on the sign-up sheet.

Then anyone who's not who has not signed up will be given the opportunity to comment.

Before beginning public comments, please give your name and address.

Public comments will be limited to three minutes, and you will be able.

Uh not only do we review forest conservation plans that you see here, but we have an annual reporting responsibility to the state uh that tracks all of the activity, and Pam has been the overseer of that for many, many years.

She's been instrumental in the uh the coordination of that program through the planning process to overseeing uh how it all works through and then ultimately ends up with um easements placed on properties and and keeping track of those and managing that.

So it's been a remarkable contribution, and I just want to recognize her for that and her day-to-day work and her amazing uh attitude and um sense of responsibility for the city.

So with that, just wanted to send a special appreciation uh to Pam for her years of service.

Thank you, Pam.

Okay.

Uh we're gonna go ahead and get started with Kellerton Land Bay's C and E, PC 13-195-14 PND architectural review.

Is the applicant here?

Great, thank you.

Uh good afternoon, commissioners.

Uh, my name is Edward Mangold.

I'm representing Keystone Custom Homes today.

Uh we brought before you a request for approval of five new home models uh to be offered at the Kellerton community in land base C and E.

Uh those are our actively selling uh land bays.

Uh so we have five new models with multiple elevations per model, and then one preexisting model with a new elevation uh that we're bringing before you today.

Uh there were some comments from staff that uh one of them at initial design review committee.

It was noted that there's a small uh accent window on a couple of the elevations that is approximately two foot by two foot, which does not uh meet the traditional one to one and a half or one and a half to one proportion recommended by the design uh guide.

Uh we requested a modification to that language, as these windows are purely uh accent windows to the general elevation of the home.

Every other uh window on the front elevation uh sides uh comply with that.

And we include those oftentimes in areas that are small uh small rooms or even closets on a front elevation to give elevational diversity to the to the streetscape that is the house is being built within.

Um additionally, there were a couple of comments that I can address either now or uh following uh staff comments.

I will leave that to how you wish to uh to handle those.

Um if you prefer, I can walk you through each elevation.

Would you like me to do that?

Okay.

Thank you for bringing those up.

Uh the first is the Devonshire Normandy.

Uh the Devonshire has multiple elevations already being built throughout the Kellerton communities.

The Normandy is a new uh updated elevation uh to one that we weren't including previously.

Uh this has the kind of country English country cottage uh style that's been promoted within the Kellerton community overall.

Thank you.

Uh it is uh it has a similar elevation to our already approved manor elevation.

Uh of course, within the Kellerton community, we are we have designated high visibility uh lots where the for instance where it the home is at the end of an intersection or along a main road and which each of the elevations offers a high visibility alternative to provide at least 50% masonry on the front.

We also address high visibility sides, which can also occur when a side elevation abuts a street or an open area where we will be providing a mixture of additional windows, uh potentially uh additional landscaping in concert with additional stone water table, depending on if it's a high visibility corner lot or typically just a high visibility lot.

Uh of the Normandy would be the sixth of the Devonshire elevations.

I can continue through or allow questions at each.

I'll just want to ask a question.

But keep going.

Okay, thank you.

You're doing great.

I know there's a lot of people behind, and this is the largest uh tronche of new homes that we've brought before.

We usually do one or two here and there.

So we have two uh front load single family homes uh that we're adding.

Uh there's square footage a little a little bit smaller than the typical homes, uh, just to accommodate what we saw as a need for some of our older and also younger residents as resident or buyers that are looking for something that's not quite as large uh but more of an entry model.

So this would be the Kipling.

Uh the Kipling has multiple elevations as well.

This one is the cottage.

Uh we have the traditional heritage cottage and farmhouse, each with the a style that matches and is consistent with the other home models within the Kellerton community.

And each of these also provides for high visibility consideration.

Uh every one of the homes here also meets the uh front porch requirements, uh minimum 20 uh square feet per most of them well in excess of 20 square feet.

Okay, and then we have the Prescott.

This is this image in particular, I will correct ahead of the planning commission hearing.

Uh we do not have a cottage elevation from the Prescott.

This was uh just a graphic error.

If we go to the next sheet that shows we own only offer three, the traditional heritage and vintage.

And I believe one of the comments from staff was that the cottage did not meet the porch requirement as simply because there was no cottage elevation uh to be presented.

So apologies for that confusion.

Uh so those are the two front load uh homes, and then we have three that are within the neo-traditional uh classification, which basically means it's a rear low garage property.

As many of the uh sections of the Kellerton E and uh Land Bay E in particular have some uh alley access to the rear of the home for the garage.

Uh the Bradbury in particular, I think we have five elevations for the Bradbury, uh the manor, the traditional heritage cottage, and farmhouse.

Uh as mentioned previously, they are all capable of meeting the high visibility conditions of 50 percent.

Uh throughout Kellerton, we do not have an elevation on a even on a standard lot that doesn't at least have a stone water or masonry water table element on the front elevation.

And then we've got the Livingston.

Uh this offers five elevations, the manor heritage traditional vintage and farmhouse.

Uh again, meeting high visibility, the masonry requirements, the porch, and uh the other uh requirements for uh approach to the home and windows and entry doors.

Uh that's across these offerings that I mentioned before.

Uh the Preston would be our last home.

And this has a six elevation option, manor heritage traditional vintage cottage and the farmhouse.

And similar to the others, it does meet all of the uh five elements of the possible, I believe it's nine or ten that are required to fit within the class B standards of the design uh guidelines.

And with that, there's a lot more material in here, and I'd be happy to go through it in as much detail as you like or answer any of your questions you may have.

Okay, great.

Thank you.

Um take some questions up here, Commissioner Temple.

Yeah.

Um can you just walk through the modifications?

That was all helpful.

Just look I I think I understand where the window modifications are, but if you could make that abundantly clear to me, that would be helpful.

Yeah, absolutely.

Uh the Preston in particular that's up on the screen now.

Uh the heritage and the vintage, as well as the farmhouse have a small two by two window in the upper gable of the second floor, right in the middle there.

And that's where we're looking.

Normally it would either just be blank siding or uh a gable vent.

So just to give a little more diversity the elevation, we introduced uh a window, it would be a dummy window because it's just attic space to the rear, but it we felt it just kind of filled out the elevation more nicely.

So are all those windows on unoccupied attic space.

Correct, correct.

Okay, and and not just on the press, not on all the code.

Okay, and and not just on the press and on all the consistent across the board.

We don't have uh occupied attic spaces unless uh somebody would say extend a closet above a garage space or something, but that wouldn't impact the front elevation.

All right.

Uh I don't think I have any further questions.

Thank you.

Thank you.

Commissioner Robey.

Yes.

I'm sorry, what do you think?

Yes, so yes.

Yes.

Uh one of the con I'm sorry, go ahead.

I'm sorry.

Specifically, you're talking about what's excluded.

Okay, which is concrete block or plain concrete.

But it's interesting in what's allowed, what was it was not included.

And that is hardy plank.

I don't see anything there for the concrete hardy plank, which is very low in maintenance, much lower maintenance than you have for wood laps, you know, German lap siding, that kind of thing.

And uh I was just surprised by that.

And I've had to deal with that issue on the same thing in the historic district where I live.

So I was wondering why you excluded it or why it's been excluded here as an alternative product.

Sure.

Uh it wasn't necessarily excluded by uh the I I believe when the Kellerton community was first initiated through the land development process, uh this the city and Keystone Custom Homes was also working with the developer, the landowner's developer to fine-tune the material offerings.

And I think as part of that process, uh they spent a lot of time going over what potential materials and the aesthetics that would fit within the uh community and the preference and also the price points that people were gonna be looking at.

So the only thing I could offer as far as I wasn't involved in those conversations directly, but the only thing I can offer is that it is a price point item.

Uh if we did have somebody that came to us requesting the use of a Hardy Planck product, it wouldn't necessarily be a no.

Uh we would take that product and the coloring offerings to the landowners uh for architectural review and approval, and we would submit that as part of our permit submission uh to the city.

So Hardy Plank could be included through a process, an internal process of review.

Thank you very much.

Absolutely.

Okay, and I have no questions for you at this time.

Um so I will direct it to staff.

Um I don't have any additional questions if um or anything to um add if you have any questions.

I'd be happy to answer them.

All right, so we'll take it back here.

Um Commissioner Temple, any questions for staff?

No questions for staff.

Commissioner Roby, do you have any questions for staff?

No.

Okay, so we do not have any additional questions.

Um we will go ahead and start any public comment.

Jennifer, do we have any public comment?

Okay, we do not have any public comment.

Um so with that, if we have no additional questions, uh thank you for your presentation.

We look forward to um some of the questions that staff had put onto the presentation being completed when we see you again.

Thank you.

Thank you.

All right.

Next excuse me, can I take just a moment to remind everybody to please talk directly into the microphones?

Um they have to be pretty uncomfortably close to your face for us to pick them up.

Thank you.

All right.

Next we have Thomas Pemberton Platt, EC25-603 FSU final subdivision platform.

Afternoon.

Um Jim Zanelli of Fox and Associates, uh, we're the engineering firm that prepared the platform for Mr.

Pemberton.

Unfortunately, who couldn't be here today.

Um he's basically purchases property in uh 2022, which originally had a house on it.

And since that time, he's uh had that property taken down, the house demoed, and uh for future development of another house.

Um in order to uh make it a non-conforming lot, we were required to do this consolidation plot to remove the middle lot line to make it a conforming lot.

Um that's basically the gist of what we're trying to acquire with this plat.

Um I guess if there's any questions regarding it.

So, Commissioner Roby, do you have any questions of the applicant?

Lots of questions on the project, but thank you.

Uh, staff will have to correct me if I if my questions are inappropriate for this particular setting.

Sure, no problem.

But as I understand this project, uh the applicant came in and asked for the opportunity to demolish the structure.

The city said it that they recommended that you go to th through HPC to get permission to do that.

And they actually recommended that you go through an HPC overlay for the project.

So when you started to think about that aspect of it, you withdrew your application for demolition at that time.

And then somehow you all went through the process of taking the stone facade off the project.

And when that happened, HPC said they were no longer interested in considering a historic designation or overlay over the project.

So I have two questions in that part.

Uh the first deals with was the removal of stone facade allowable.

I mean, uh you didn't ask permission to do it, you just did it, and this it was a de facto accomplishment when the city had to look at it again.

And the question or the observation that I'm going to say deals with whether the city, I don't know whether that was legal or or not legal.

That's number one.

Number two, is that a practice that the city wants to be have allowed to happen again?

Is this precedent setting?

Or is this going to be a process the city is going to block from occurring going forward?

Yeah, so this is um I have talked with the um.

I'm having a hard time hearing you.

Sorry about that.

Thank you.

Um, like I said, uncomfortably close to your face.

Um I have spoken with the HBC manager um to discuss the background of this case and how everything went.

Um, even though a maybe a project is being recommended to, and that's the recommendation is not for designation, but for consideration of designation.

If during that time frame it's not actually designated, it is within the property owner's rights to do as they have done.

Um we had a similar item happen, I believe, with the historical church and a porch edition.

I believe Elaine would remember that one.

And so, you know, there is sort of some gray area between when the city initiates a process and a property owner's rights to then do something before that process is finished.

So it has been discussed internally and it is currently all legal and and the request is founded.

Thank you for that.

Uh so my question becomes uh I don't believe it ever achieved an HPC overlay.

So with that over the without that overlay, why did you all require why do we have an HPC approval for demolition if it's not designated as an HPC related project?

Yeah, so um any property within the city of a certain age does have to go through demolition review, whether they are uh historically designated or not.

So the demolition review is separate from the historical overlay designation of a property.

So I we have several um uh properties that you will see consistently that are GC, you know, they're never going to be historic, and they've had to go through demo.

Um and that's just too for us to look at the structure and see if it might be considered for designation.

So I understand that.

And I apologize for taking up the payroll.

You're okay.

I'm sure the public has the same questions.

My question is why wasn't it a city letter giving approval for the demolition rather than an HPC?

Why did it go through an HPC process for that rather than just a city process?

Or is all demolition done through HPC?

There you are.

Yes.

So all if you're going to demolish uh demo a building of a of a certain age, then it all has to go through HPC.

That is when they look at it to determine if they possibly want to designate it.

Thank you.

That's that was very clarifying.

Thank you.

Okay.

Commissioner Temple, do you have any questions?

Yeah, I uh Commissioner Robey asked a lot of the questions I had, so thank you for that.

Um because I'm I'm thinking along the same lines there of setting precedent.

Um questions to the applicants.

Is the replacement plan to be a single family home or is it plan to be multifamily?

It's a single single single family home.

Yeah.

All right.

Thank you.

Um I don't think I have any other questions.

I think um I I don't really agree that with the the land use that um these combined lots are there are some but they're the exception.

So I have no further questions because they were similar to Commissioner Roby's questions as well to understand the process and steps that brought us here today.

Um so thank you for that.

Um with that back to the city, if you have any comments.

Nothing.

All right.

And we will move on to any public comment.

Oh, sorry.

Thought I was gonna have that option.

Commissioner Temple has a question for staff.

Question for staff.

Um if the uh plot is not approved.

Um they could not build a single residence that crosses the lot, correct?

But um if and when they wanted to build two residences on the individual lots, uh that that wouldn't require the consolidation of the law lines, correct?

Thank you.

Questions for staff.

Going back to applicant, if I may.

Uh walk me through this this is not a contentious question here.

What I really want to know is can you talk to me about what it is?

You you want to tear down what's there and put back up what you want, right?

What's going to be the change?

Is it a smaller, larger house uh on the property?

Are you gonna do two?

Talk about that a little bit if you want.

Well, that that's part of the building permit process.

Yeah.

What Fox has been asked to do is to create this consolidation plat to remove the middle lot line.

Is this the type and size of house?

I don't really have that information unless you know.

So you have one as for my clarification.

Yes, sir.

What you have now is one house sitting on two separate lots, and what you want to do is combine the two lots into one lot.

Originally there was one house sitting over both lot lines.

That house has then been removed, and they're just gonna put another house in the same location.

Do you have to do it in order to to make it a conforming lot to current land management code?

You can't have a house straddling through lot lines.

So in order to do that, we have to remove that middle line to that legitimately make this house where it's supposed to be.

There are other lots within the subdivision that still straddle lot lines that have not been removed.

Or just trying to go through the right chain to get this back to where it needs to be to meet in land management code.

Very clear.

I thank you.

So just to confirm it would be basically the same footprint and in the future.

Okay.

All right.

Uh we'll move on to any public comment, Jennifer.

Do we have public comment for this?

No.

Okay.

Well, with that said, we look forward to seeing you uh in our next hearing.

Thank you.

All right.

Next we have Rencorder phase three revision and phase three section two revision.

PC 25-608 PSU FSI combined combined preliminary subdivision plat and final site plan, as well as PC twenty-five-six zero nine nine su fsi combined preliminary subdivision plat and final site plan.

Screen set up.

Can we do the projector over here?

No, the projector.

Yep, perfect.

It's a bit hard to see, but uh good afternoon.

My name is Karen McJunkin, and I'm the general partner of Ren Quarter THL C the applicant for this modification.

We're also the developer and the owner of the foundry at Renn, which is otherwise known as Ren Quarter Phase Three, Sections One and Two.

There we go.

Do we have a pointer here too?

There we go.

Section one, which I'm circling right now, is has actually already been built.

Section two, which is comprised of these lots and the rest of this one lot down here, um, has received approvals and development should start shortly.

Um the application in front of you is to allow for front yard fences on all of our rear load integral townhouses in both sections one and two.

Um just to give you an idea of what we were proposing, it is a 48-inch tall open slat black aluminum fence.

Um the picture on the left is a superimposed to the best as we could do um on some of our units at the foundry at Wren.

The photos on the right are an example of um where we we have done this in other projects in other areas of the state.

Just to give you an idea of the fence that we were proposing or we are proposing.

Um you might be asking why we didn't why we're coming back now for modification, why we didn't include this in our original application for both sections.

Um and the reason for that is our interpretation of the of the fence requirements or what's allowed for fences in the M1, MU1 and MU2 zones is basically what you see up there.

And that was we thought that um front yard fences were allowed on all lots in this zone.

Um, and that's the section 821C up above.

Um when we applied for fence permits, um, they were rejected, and the reason um that was given staff's position is that the intent of the front yard fences in the MU1 zone is not for all lots, not residential lots, but for commercial and industrial lots in that zone.

Um and so that's why we submitted the modification that you have in front of you.

Um staff's report that you have has two basic recommendations for us.

Um the first one being to limit the height of the fences to 36 inches, and the second being to, and I'll put this one up to limit the areas.

Let's get this right.

To limit the lots where the front yard fences are allowed to these units fronting Monroe here, and these units fronting an amenity area.

And they gave three basic reasons for these recommendations.

First is that um a 36-inch fence is just better aesthetically, more welcoming.

And we're actually actually in complete agreement with that recommendation.

We too think that would be a better streetscape than a 48-inch fence.

Um the second reason given was that the privacy fence that we were um proposing um is not um well, we chose to do that, uh staff believes because we didn't want to provide a product that provided a backyard.

And that would be, you know, if you have a townhouse, a small backyard, and a detached garage.

All of our units that we have here have the garage integral to the townhouse, meaning it's attached, it's part of the townhouse.

Um in their estimation, that reason, if that were our reason, was not justification for front yard fences.

And finally, the third reason given is that their recommendation for limiting where the front yard fences are was in keeping with past recommendations.

So first, as I mentioned, we're in complete agreement with the 36-inch recommendation.

Second, I do want to mention that our primary driver for allowing front yard fences is really to do exactly what new urbanism front yard fences are for, and that's simply to define property lines, enhance curb appeal, and foster community interaction.

And you know, to that end, I provide a couple of examples here.

Dwadi Plater Zyberg, you know, the designers of Kentlands and the original originators of new urbanism and and traditional neighborhood design.

Um right is Kentlands, and you see front yard fences there.

Bottom left is Crown Farm.

Um again, Montgomery County, where new urbanism example where front yard fences are allowed in front of townhomes.

That was the aesthetic, that was the rationale we were using to request and and to put front yard fences in our integral garage townhomes.

Um we've constructed front yard fences in many of our other communities, and to tell you the truth, our residents they love them.

Um we found that the front yard fences do exactly what uh new urbanism intended.

Um it provides a good streetscape, um, and it brings people actually out to the front yard and it acts to activates the street.

Um other concern that was mentioned by staff was that there's a fear that if you fence in a front yard that it becomes uh a collector of trash, you know, people start putting stuff out there, and that's not great for street aesthetics.

Um I should have mentioned earlier, the foundry at Wren is a rental townhome community managed by a professional property management company, and it's um that's responsible for making sure that doesn't happen and then maintaining the landscaping that might be in front of the fences.

Um then I will say too, just to mention the the town home with the detached garage.

Um we've we've tried to sell both in various communities across the state, and especially the last 10 years, the integral garage is um it is uh more popular because people tend to prefer not to have to walk from their garage to their town home, and they're they're willing to give up the small backyard for that.

Um third, we certainly understand staff's desire um to not set a precedent.

Um and so you know, to that end, what we would like to propose is about right here, there we go.

Let's get this the right way again.

Um is to keep their recommendation for these units here along Monroe, but to add two other sections and these units here, but to add two other sections because these are high activity areas as well.

These units fronting Minocase here, and these units adjacent to Monroe, there's a stormwater management pond here, and there is an amenity area here.

This is a very active area right here.

And just to give you an idea of what that area adjacent to the stormwater management pond looks like, on the left is looking north toward Monroe.

You can see the warehouse in the background, you can see the stormwater management pond to the left.

Uh the picture in the middle is if you're standing in your front yard and you're looking out over the pond, and you can see the warehouse in the background, and then the one on the right is looking south toward um the amenity area, just to give you an idea of this area.

And then um for the other units that are fronting Minocase, um, we did have a conversation with staff about about these, and um the units fronting Monroe are right up next to a shared use path.

And um that's the the activity that staff was like, yeah, we need we need a buffer there.

Um we will be widening um monocussy, and the shared use path will be about anywhere from nine to thirteen feet from the uh the lead walks going into these units.

Um monocussy will be widened, there will be more traffic, and there will be a shared use path.

And we think that buffer to this high activity area justifies adding the front yard fences.

So again, just to summarize, we started out time with this.

We started out requesting all, and what we would like to do is modify it to have these, these, and these units down here.

And with that, I'll open it up for questions.

All right.

Thank you.

Uh Commissioner Temple.

Yeah, thank you.

Um Give me a favor and point at the ones I I I see the circle ones.

Are you saying that you want the ones that are circled plus the three blocks that staff recommended?

These staff said yes.

Yep.

They recommended approval for those.

They recommend approval for these.

Okay.

And our request is to add this section and this section.

Okay.

Thank you.

I that's what I thought.

I just the these, these, and these confused me.

So wonderful.

Um originally you had wanted all of them.

Correct?

Originally you had wanted every town home.

That's correct.

Thank you.

Okay.

Um with these being rental units.

Who is responsible for maintaining the landscaping within the fence?

Or within the fence, and then does how will that be a change?

All landscaping is the property management company.

All landscaping is the property management owner.

Okay, thank you.

Um in your other properties how that have fences and don't have fences, does that create an issue where the landscaping isn't maintained because resident has their bounce house out in front of the house and then you're not going to be able to do that.

No, you know, it's part of the lease.

I'm going to skip this yard and then it looks bad.

No, you know, part of the lease is that you limit what is allowed in the front yard.

And so we haven't had any problems with it, but what would happen is we simply go and remove that or ask them to remove it.

Okay.

Um, and and these uh um we're very particular, as most owners are, about landscaping maintenance and upkeep.

Um to make sure we can fill the units.

Yep.

Um I think I saw it in the uh the rendering, but there'll be fences dividing each town home as well.

Right.

Correct.

Okay.

No further questions for me.

Commissioner Roby.

By any chance, do you have any depictions of what the rear of the house is going to look like with the garage?

I mean, uh, I don't know if there's a patio back there, that kind of thing.

What I'm really concerned about is the front yard.

If you had a backyard, a family normally might have picnic tables or swings and you know, play areas for their kids, fenced in for their dog.

Uh so all those activities now may be taking place in your front yard and providing a lot of clutter, if you will.

I don't know what the right word is.

Right.

And that's a legitimate concern, and it probably would be um a greater concern if it were under an HOA that you were depending on to enforce whatever regulations.

Again, this is a rental company, and we don't we don't allow picnic tables in the front yard.

Um we we do let people plant flower beds if they so desire in existing flower beds of the front yard, and actually the the fenced in yards, people love that for that reason.

They feel like they've got their own little garden there.

Um but in answer to your question, um the governing body being the property management company and a rental community pretty much prevents what what you're bringing up.

So I understand how that might be controlled for garden beds, if you will.

But if you allow things like vegetable gardens, those are much less tidy than landscape gardens are.

Are those allowed?

No.

Okay.

Thank you.

Sorry.

Uh my question would be kind of related to that.

What is the approximate size of the front yard that we're seeing?

You know, it depends.

But I would say I don't see a lot of of uh a whole lot of room there, but I wanted to kind of understand.

So the the townhouse width on all of our rear load units is 20 feet.

So it's 20 feet wide by a minimum of 15 feet deep.

And you know, it's um it's big enough to let a a dog, a small dog out.

Right.

Which if you ask the average resident, that is probably the biggest benefit.

Okay.

Thank you for that.

Back again.

That's a good question you brought up there.

I've got friends that have larger dogs.

I don't know whether you've got a dog size requirement here, but they have Chesapeake Bay retrievers as an example.

That dog's going over that three-foot fence.

That dog is going over that three-foot fence.

Well, maybe, yeah.

But uh what they do is they tear up the yard.

And so I don't know who's going to maintain a torn-up yard.

So and and I probably should have mentioned this.

Actually, um our standard front yard format for that very reason is to have um beds wrapping around the side, planting beds or rock beds with with fountain grasses.

And then um the turf is actually um a synthetic turf that looks like grass for that reason, because you can't possibly whether it's whether it's a for sale townhome community or rental townhome community, it is next to impossible to keep front yards looking good.

I agree.

So that's why I'm asking these questions.

So I will give you an example.

The city has celebrate Frederick putting on garden tours every spring, every May.

And one of the homes that was on the tour a few years ago, they enjoyed pets as part of their project.

And they had artificial turf in their backyard because their yard kept getting torn up.

Well, I want to tell you that there is nothing smellier than old urine on synthetic turf that's allowed to age.

And so you got to keep that in mind with what you're doing here.

Well, it all started because I put in my own front yard.

And I live in a neo-traditional neighborhood, if you will.

And there's actually, and we use this, there's a turf that that's specially built because it's got wee poles, more wee poles than normal.

And um because of that, it arrains enough around here that it self-flushes.

I hear you.

Thank you.

I'm not sure I'll believe you, but I hear you.

I understand the intent.

I'm not criticizing you or challenging you.

It's just I given that I'm the test case, right, in my house, and and it it worked and it does work, and believe you me, we would get complaints from our residents, and we just we just don't.

I appreciate that input.

Thank you very much.

One last thing.

Yeah.

Um one thing I'm thinking about, especially along uh monocy there is you know, that is pretty long run of uh townhome blocks that we'll go there.

The homes have some variation in, you know, the the facade coloring and uh the depths, you know, there's some natural variation there, but is the fence a single line, or will you undulate that either to you know to follow the sidewalk or to follow the depth of the building, you know, to to break up it as well, or will it just be, you know, 36 inches by that's a great question.

And um, you know, we've traditionally done sticks of eight.

And that's as big as we go.

Yeah.

You know, with it all one.

That's not to say that we can't step it back, because every every unit step back two feet from the other one, and that would provide enough.

Yeah, I I would uh encourage you to look at that for for when you come back.

Just to I think especially along, you know, where you have the two blocks together on Monroe and Minocase, that's a very long stretch and it will add some visual, you know, breaking up of the fence lines.

So thank you.

Okay.

Uh we have no additional questions for the applicant.

I'll move on to staff for any comments.

Uh yes.

I um I do have a lot of comments.

Excuse me.

Um I can't address, I can't speak to the new urban uh urbanism, whatever that we're referring to.

I know that the city of Frederick that we do um believe in open uh front yards.

And I feel that that is more connectivity to um the neighborhood than uh having a more gated feel through your um development.

Um we do have a process that not only through the planning commission for modifications to ZBA that individual property owners will apply for for a front yard fence and have to prove very stringently that there is uh uh a um unusual circumstances that they do need this.

But with the MU uh zone um yes, we would not want to see a whole development going through with fencing and everything.

And um I think with any approval for these fences that go into this development that they would need to have some kind of understanding not only that would come through a burning permit, but through the the people that buy the fee simple lots up in section one would know that these are units that got approved for the fencing and not thinking that they're able to bring in and add that fencing to their lots.

Um the other thing is um the fee simple are not ones that are being managed.

Uh the fee simple are in section one and a couple in section two, but um and then the big lot in section two uh section two is what uh she referred to as being handled by a management company or whatever.

Um the other thing is that the lots are fairly there is a trend going through with development that providing integral garages which do have their benefits and and their own part, but also too that um with an 18-foot rear, they've also gained two more parking spaces.

Um they do have an MU that the setback is very minimal for MU to be up at the street and everything, but they've moved theirs back 15 feet to provide for maybe that is what their yard is going to be in the front yard.

Um, and that's why there was concern of how it would be used, and it's hard to monitor any way that a property would be used like that.

Um yes, and that smaller fence is uh definitely a better option because we have in our fence uh ordinance uh for four-foot fences, there is a restriction on any um four-foot fences, the highest at a second front yard for any um any house, but that'd be like a corner lot or um we have special regulations for a foot four for four-foot fence and front yards and not restricting um uh uh site distance or site, you know visual site for our neighbors or anything like that.

Um I did give my examples of why I do uh do not support uh the fencing through the whole development and how we do apply it in um circumstances and um and consideration um for how it's being used.

And they do have a dog park that they have been pro they have shown that they are going to provide for the development, so hopefully the people will use that.

Um it's not centrally located, of course, it is down at the uh south of the property.

It could maybe be better if it was more centrally located for use for the uh development.

Um I would say that's my report.

Thank you.

Um Commissioner Temple, do you have any questions for staff?

No.

Your concern with precedent is more about people who've purchased across Monroe thinking, oh, there's fences, I can put up a fence and just a lot of people.

Well, not even across Monroe, but the ones that are within the same on the south side, but just that misunderstanding and the issues that may present present from a misunderstanding that oh, this is a rental community that got approved.

Yeah, and I think just a point of clarification, all units in section one and all units in section two are rental.

And I can understand the confusion.

We we did do section two as one lot, and that's primarily because the the assessment office requested it becomes very difficult for them to track multiple tax ID numbers.

And and so all units in both of those sections are rentals.

I would say that um when these building permits come in, and and yes, they did say that the section one is uh uh pretty much built um that the fencing should be going in with when they build the unit and everything because then we know what the units are getting and um and uh that's what they've gotten approved for.

Um we don't look at any HOA docs any longer to say you prevent this or prevent that or whatever.

Um it was um something we had a long time ago had done in our reviews, but um HOA docs can change any time.

So that's something that's not uh manageable for monitoring.

Um monitoring anything for someone that would maybe would go in and do it on their own, as we know violation.

Um we would hope that their HOA or their management company would be checking for that.

Um thank you.

Commissioner Grabby.

One comment, one question.

Uh the comment is I want to thank you for your service.

Uh I have found you'd be both accessible and responsive to questions that we've had in the community to projects that impacted the areas where we live.

So I'll I want to show appreciation of your service.

So thank you very much.

The next question, the question that I have.

I don't know if it was explained and I just didn't hear clearly, but very few of the homes up there are actually going to have fencing.

And uh I don't know why it was limited to just those few homes.

But the other side of that question is after the fact, if you have areas where residents, and I know they're rentals, but residents that would wish that they had a home that had a fence in their front yard, because they would have loved to had a young tot be able to run around safely in the yard, or a pet to be able to run around.

Is there a process where they can request fencing for other properties that are no longer not currently designated to receive fencing?

I guess technically they can come in on their own to go through with the ZBA for uh front yard fence, they'd have to uh prove that it they have unusual circumstances peculiar to the property to add that fence.

It probably would not meet those standards because it's already been reviewed at this time, and um so I would think that they probably would not have um a justification for it.

I actually am glad that was the answer you gave, because I had visions of spot fencing occurring you know irregularly throughout the community, and that would not be a look that would be pleasant.

So write those words down as you're passing thought that the city shall not.

Thank you.

Okay, and I don't have any questions at this time.

Uh do we have any public comment?

Did you?

Okay.

Actually, can I add one thing and and Pam and I may not be agreeing on this, but she did a phenomenal job in getting all of Ren Quarter through.

I think it looks the entire thing looks phenomenal.

I think retail will be coming soon from what I hear.

So again, thanks for all your hard work on Ren Quarter.

Okay.

Hi, my name is Heather Goddard, and I live in Monoxy Village, and I'm also with East Frederick Rising.

Nonprofit dedicated to the revitalization of the East Side of Frederick.

And I'm sorry if I do repeat some things.

Um it's really hard to hear back in the audience.

So I heard on this nothing of the the discourse.

But um we did want to thank uh Miss Ms.

Rappert for pointing out that uh although the applicant cited the zoning text amendment case um a zoning text amendment case to justify the criteria for front yard uh fences, indicating that it could encourage a pedestrian-friendly landscape landscape.

That's not really how the City of Frederick does it, and that we really feel that the front yard fences don't they actually may discourage a pedestrian-friendly um streetscape.

Umroe Avenue does have a 10-foot shared use path planned for in front, so we would really like to be this and this to be an actively traveled street with a friendly uh pedestrian-friendly um streetscape.

Uh in the in the mixed use zone, they're supposed to have three uses, right?

Residential, non-residential, slash commercial, and open space.

Um what makes the MU ZUNY zoning districts work is the proximity and the connectivity of these three uses.

Uh for this project, uh, just because those uses uh are present, uh it shouldn't merely be a checklist to check off that each is uh use is in existence.

You really want to ensure that these uses are in close proximity and that they are well connected.

If they're not, then it helps to provide some either HOA or private open space.

So if you have the residential units um and they do have a 73 acre dedicated open space, but it is not in close proximity to this residential area.

So without that, you have to provide residents in order to ensure some form of livability, it's really nice to have some open space that they can access as well connected or in close proximity.

Um have not having that here.

Um, you know, when the townhome lots are approved as shown with no backyards, you're gonna run into this problem.

And I just want to bring it up because here we are.

We're at this this phase with this conflict for a reason.

Um adding the fences in the front yards, we don't believe is the optimal solution.

The yards of 250 square feet are very small.

They are you do have the um the rock landscaping and that tiny artificial turf square.

I don't we wonder um if these fences are gonna encourage the people to come out and use them as hoped.

And then of course you have all the restrictions that we brought up, potential ways to use the land, and then they say, well, no, that's not allowed.

That's not allowed either.

So it just we we're wondering if its usefulness is going to um be worth the detraction of the pedestrian-friendly streetscape that we're going for.

Um the community has concerns about visual clutter, uh, wondering whether if it's not the HOA, then the property management company um is going to enforce the rules and restrictions placed upon that front yard space.

And that's all we have.

So if that was repeated of any of your other many concerns, then sorry, but we we'll just want to point out the sequence of events, the chain of events that led us here to this limited open space problem in these townhomes.

So thank you.

All right.

Sure.

Commissioner Temple.

Yeah, uh a question for the applicant based off of that.

Um we talked about inside the fence.

If the fences are approved, it would be a rock, you know, around the edge with a uh turf, you know, synthetic grass in the middle.

In the event the fences are not approved.

What is the landscaping in the front of the townhomes look like?

Can you repeat that?

Yeah, of course.

Um if with everything built as is without this approval, what does the landscaping look like in front of the townhomes?

Um it will remain as is, and I don't know if if you've been out there, but we've got foundation plantings, and then we've got some grasses.

Um with the fence built, there will be additional grasses that won't exceed the height of the fence planted on the outside of the fence.

Okay, so for the ones along Monroe that are built.

Yeah, exactly.

The real grass and would be removed.

The turf, real turf would be removed, fences go in, synthetic grass goes in, uh synthetic turf goes in, and then the you know, grasses along the front of the code.

Yeah, there'll be a separation at the request of of the public works department between the shared use path, be a three-foot separation between the shared use path and the fence.

Um and we'll keep again just to keep it open and and low-growing grasses there.

Okay.

Thank you very much.

Commissioner Roby, do you have any questions?

I have no questions on this particular modification or ass that you have here.

But I would like to go back to Citizen Goddard comments.

And uh point out the need to have public space in a community where you have very small glass uh grass patches for the community to share, wrap around in.

And for this particular sector of your development, I don't know how far away open space is.

I understand the long linear park that is being dedicated to the city, but is there something in proximity?

So it's it's not shown clearly on this plan.

But in this particular area here, this is all open and we'll have amenity space, a gathering area, and actually uh turf putting green.

Over here, we have a pickleball court.

We have a dog park and a tot lot.

And down here, and we try and we try and spread it out instead of one central area.

So it's it's walkable, you know, within 500 feet or so, which is about the most any people seem to want to walk.

Um down here, we're gonna have another um small dog park because this one's pretty far away for these people down here, and and 50 percent of our residents have dogs.

And we'll also actually we're gonna do a community garden down here.

Well, you've got your pointer going, but I can't tell from my viewpoint here, but could you kind of give us an idea of where you have either roadside trees or backyard, well, just trees in the neighborhood to provide some.

Well, we've got street trees along all of our roads.

We've got um this area will be heavily planted.

We heavily plant at all of our entrances.

There's landscaping required.

I just don't have a landscaping plan with me around all the amenity areas.

I mean, that's staff very good at making sure that that the landscaping is is spread throughout.

And then we typically go above and beyond with um additional plantings where there's flowering perennials or things like that.

And of course, all of our stormwater management facilities have wetlands plantings and that tend to grow over time.

I thank you very much.

It's a real sensitive issue for this commissioner.

So you're welcome.

Okay.

I have no questions, but excuse me.

I would ask that maybe when we see you again, if we can have see some renderings of what um those open spaces look like.

I think that would be better to demonstrate to us um what we're looking at and where those spaces would be relevant to, you know, where where you're asking for fencing, where can those people go to have open space if we could see that?

Oh, absolutely.

Thank you.

Um with that, we'll conclude that item.

Uh the next project we have is for fiscal year 2027, fiscal year two through 2032 for capital improvements programming.

Good afternoon, Gabrielle with the planning department, and joining me uh today is Zach Krishner, Chief Operating Officer, uh, to help weigh in on the CIP.

So uh this is a um a process we go through every year annually uh to prepare a letter of recommendation to the mayor and city council uh for items that the planning commission prioritizes as um funding needs for the upcoming capital improvements program uh for the for the budget as part of the budget cycle.

Um provided a little bit of background in our summary today just on where that requirement comes from.

It is actually a power given to the planning commission uh both in state code and in our local ordinances uh for you to weigh in in this capacity.

Uh you have a recommendation letter from the sustainability committee in your packet, and in past years we've also uh provided you the letter from the AMAC, the Active Mobility Advisory Committee, to um consider as you discuss the various projects.

Uh they had their discussion on the CIP just at the beginning of February and actually just got the signed letter uh today we didn't want to provide it to you without it being signed, but we will incorporate that for your next meeting.

We did provide a summary uh within the summary of what the AMAC was prioritizing uh to help in your discussion, and that was generally uh to prioritize function and safety over beautification efforts, to prioritize completing existing projects or networks in later stages of the development process, protecting operations and maintenance projects to avoid fragment fragmenting essential baseline accessibility work and maintaining matching funds for grants to avoid forfeiting external uh funds that we're receiving.

And there were several projects that they focused on, including the downtown streetscape, the East Street Redesign, Matter Avenue, and 13th Street Roundabout, and the Willowdale Traffic Calming Project.

So you have that background in your packet as well as the planning commission's recommendation from last year.

Uh that was uh the letter uh share the date on that, but um that captured what the planning commission thought were its priorities last year.

Uh so we also have uh a couple years ago we started preparing a matrix of projects that incorporated ones that the planning commission was interested, as well as projects that we thought uh was were related to the work of the planning commission, general growth and design.

Uh so in your package, you have the update and the summary on the items that the planning commission recommended, and then an updated matrix.

Uh so I think I'll start with touching on the projects that were in the Planning Commission's recommendation letter last year and where they are in the scheme of things.

Uh so one of the first ones was the East Street improvements.

Uh this is between Fifth Street and Market Street, including both the west and east sides of the road to include curb gutter, stormwater management, pedestrian scale lighting, trees, sidewalks, uh, and protected bike lanes.

The project does not currently have any funding, however, 750,000 is being requested in the budget for design.

And I believe that fund that money was also requested last year.

Yes, initially.

Yep.

Uh so the ultimate uh design will be shaped by the E Street with Rails with Trails Project that was designed in 2013 and in the more recent uh E Street redesign project.

That design work is expected to commence after the adoption of the form-based code uh because that code is very much centered around the relationship of private to public space and the intervening the mix of where those uh two things come together.

One of the other items in the Planning Commission's recommendation was the downtown streetscape study.

Uh that is actually not associated with a specific CIP, but was a study presented to the the Board of Alderman now council in 2021.

The study was funded in part by the city and prepared in coordination with the downtown Frederick Partnership.

Uh the grant we received was in uh that was 2023 to commence on that project.

Uh that was in the amount of 500,000.

And uh don't know if there are any uh updates on that project, um, but once again, that was not a specific CIP for project that we had in our in our budget.

The planning commission also recommended East Street improvements between Minocasse Boulevard and South Street, uh and this recommendation entered the planning commission's recommendations around the same time that the Brickworks Development Application was going through, and concerned that uh the improvements that are associated with that project be consistent with and reflective of overall the E Street design.

Uh once again, that was not associated with this specific CIP because the developer is required to provide certain public improvements as depicted on their approved plans.

The rails with trails project has been one that's consistently been in our um in our CIP letter and uh in the city's budget.

Uh that project is broken up into four phases.

Uh the most recent activity was actually just earlier this month.

Uh, phase three, an agreement with the contractor to do the design work on the bridge that will go ultimately over 26 uh was executed or was approved by the council that agreement, and that was um with the assistance of $545,000 in funds uh from federal funds.

So we're beginning that design work, and if there's anything update on that.

Uh and then phase four is the segment uh after the bridge from 26 to Minoxy Boulevard, and the 30% design plans are underway for that.

Planning commission also expressed a strong interest in uh creating uh a study for smart traffic systems to inform future CIPs.

Once again, not a specific CIP project.

Uh this would be more of a recommendation for a program or policy enactment to investigate the incorporation of those things, but not an actual construction project.

Uh same with the next item in your bulleted list, and that is the development of the streets master plan.

Uh this is also in the planning department's uh work plan for fiscal years 2025 to 2028 to begin that.

Uh that will be a big undertaking.

Um we did not uh begin the work that we thought we would in 2025 on that, and we're reevaluating how that will tie into our work plan moving forward.

But the goal is to get a broad understanding of infrastructure needs uh and and look at our roadway classification map, but get more into detail about future roadway network expansion.

And then lastly, we had um continued funding for a series of projects that I believe were all um part of a larger effort with the Army Corps of Engineers to uh prevent flooding in certain areas that were were prone to it.

We have details on the matrix in that.

And then last year we also added to our discussion three projects that we thought were um of general interest to the planning commission, but also citywide.

Uh first was the West Side Regional Park Community Center, and work has been steadily occurring on that.

Uh community engagement and design development started in 2025, and we actually have a pending site plan uh for that construction, and that's expected in 2026 and opening by 2027.

And that's expected in 2026 and opening by 2027.

And then two projects related to sidewalk retrofit and construction and repairs.

And there are two different CIPs, one focusing on equity emphasis areas and improving connectivity in those areas.

So with that.

And then the new matrix for this year's discussion, so you could compare and contrast.

We've touched on some of them.

Certainly the um the design for the bridge over 26.

It's very exciting.

So we'll be having a kickoff meeting with that consultant here in the coming weeks.

Downtown flood improvements.

We've made significant progress on various projects there.

The uh moder avenue flood improvements are have actually been under construction for the better part of a year, um, and they'll be wrapped up this coming year, and that's to improve uh uh that's to address flooding issues in the YMCA area up uh around Moter Avenue, and that'll prevent that from happening in the future.

We've got uh other projects that are the designs are wrapping up, including the downtown uh flood mitigation project as well as the North Market Street and Maryville Ditch flood mitigation projects, and I've um included some uh requested funding this coming year for those that'll be um that the design will be complete for so that we can hopefully get started on construction on some of those as well.

Downtown is really the next one on the list and that design will be wrapped up later this spring.

Um I don't think it's on here, but we do have some stream restoration projects that are pretty exciting, including the uh restoration of over uh 5,000 feet of stream um in the parkland that was dedicated as part of the Ren Quarter development, basically from Highland Street out to the Minoxy River, complete restoration of that stream area.

Um the design is complete.

We just uh receive permits and we'll be putting it out to bid here this spring.

Um and we do have funding in place for that.

We've also requested some grant funds for that, so we'll see whether those come through.

But um otherwise we'd look to start that this this summer, and that will include uh a great deal of um uh uh not only restoration of the stream but also uh tree plantings in that area to uh improve our tree canopy in the city.

Um as far as the um the sidewalk retrofit uh uh CIP, uh we embarked on a um uh survey and uh uh study um this past year.

Um that's wrapping up, and we should be presenting to the council this coming spring.

So basically uh a contractor uh went across the entire city and physically surveyed and assessed every every piece of sidewalk in the entire city, and they'll come back with recommendations um uh which areas need to be uh repaired to bring them up to standards, um estimated costs, recommendations on prioritization, uh, and then that study would really be the foundation for future discussions about um how sidewalk is handled throughout the city with the council.

I'll stop there, but I'm certainly happy to answer any questions that you may have about the CIP.

I'm generally familiar with about 90% of them.

Um just note um two other things that we're updated in the table.

Um, the uh police headquarters building, we took it off the table because it is there.

Um you can't miss it.

Um that project has been complete, occupied, and uh a big success.

And then the other item that was incorporated in the table, not technically a CIP, but under construction and very much um along the way, and we discussed it uh last week at our planning commission hearing with the signage request is are the uh improvements at Harry Grove Stadium that are um scheduled to be finished hopefully by the start of baseball season, right?

Um so those two updates uh you'll notice in the table if you compare them.

Happy to answer any questions on this really is the planning commission's opportunity to look at the projects in the CIP, think about projects in the past.

We had done sort of a wish list of items, recognizing that your your chore is to make recommendations on what projects you think need funding.

Uh in the past, the planning commission, as you see, has also said, but we believe these projects are important too.

Uh so I would encourage you to voice those thoughts as well if there aren't projects that are CIP.

Um we can put those in the ladder and say uh we recognize it's not a project.

However, we think a capital project should be established for X, Y, and Z.

So it can be kind of a combination of the two.

Um I think the we present annually on the CIP, but the more I've been involved in it.

Um it the projects progress slowly.

Because they're ongoing like the Rails with Trails project.

It's four phases, uh, a lot of funding, a lot of design work.

Um so it is incremental, um, but progress is absolutely being made.

Great.

Thank you.

Uh Commissioner Robey, any questions or comments.

How much time do you have?

All right.

Um let's just go down the list.

I'm gonna I'm not gonna be as specific as I would like to be.

We don't have time to do that.

But so on your downtown uh traffic study that was done, the streets program.

Uh I believe David Edmondson was doing that.

I would really like to see specifically information.

I'd like to see the results of that study, though.

It's on late last year.

And uh I'm most concerned about what you all anticipate traffic-wise at the south end of E Street where the new hotel will be, what galleria would be, where we'll have uh the flow of new people coming in from brickworks project, that kind of thing.

So I realize that you're constrained with what you can do, but I I want to find out how well we understand the problems that might manifest themselves from the data uh added traffic burdens that we're gonna have.

And I'm I'm sorry, I couldn't hear real well.

Which project were you referring to?

Is it a project in the matrix or is it a different project?

The development of streets master plan.

Okay.

So the master plan, yes.

So I'm looking at it from a number of ways.

I'm looking at it in terms of how it's going to address current congested areas within the city.

And I'm also going to be looking at it and how it anticipates uh uh future traffic density as a result of continued growth in our area.

And so and I if it's available for me to have read, I haven't done it yet, that's bad on Bob.

But if you could just point out where it is, I will I will read it or I'd like to sit down with the that work has not been performed, yeah.

That's work that's planned to be for performed.

The um you're referring to the streets master plan.

Yes.

Yes.

So that's uh that's the one that uh Gabrielle mentioned is in their work plan.

It was shown between 2025 and 2028.

Is that correct?

But that pro that project has not begun yet.

Yeah, the master plan is not begun.

You but uh certainly I appreciate the comments.

We can make sure that we you know include uh tasks in the scope to ensure that we cover those areas that you're referring to.

So there's work that you were implying that David Edmondson had done.

Maybe just explaining more what work do you think that is, and that I'm sure that may help them understand what you're trying to review.

When I last spoke with Mr.

Edmondson on this project about this time a year ago, okay he indicated that the performance of that work, the analysis going to take place at the beginning of this fiscal year, like July 1 through the end of the calendar year.

Are you you may be referring to the let's move Frederick plan?

That's a plan that David has been working to put together.

Or was it like the E.

Streets master plan for the city in terms of how the city was gonna manage growth?

Okay, so I'm I'm just curious to see what's coming out of that.

And I'll be happy to do my homework when I have it, and we can set up a conversation about it.

Thank you.

That's what's going on there.

Uh form-based code, I'm on record for where I am on that.

Uh it's the form based code isn't a specific CIP.

That's a kind of a regulatory project.

Yeah.

Um I I cannot wait for the form-based code to be adopted by the city, and the city finishes review.

I'm hoping that uh on that that there will be an opportunity for citizen participation in the final draft.

Many of us in the city.

It's going to change the curb appeal of E Street.

And I I encourage the city to create a more formalized uh CIP for the E Street corridor.

Uh, because you right now, the last I saw on it, you had two re envisioning of E Street scenarios.

One that came with the form-based code team, and the other one, what what Kettleman?

Is that what Kitterman Candleman?

Uh Kettleson.

And I haven't seen what the city is proposing that's a marriage of the two in terms of traffic flow, traffic patterns, treescapes along the line, that kind of thing.

Because I I just think that road is one of the city's major gateways into our community and needs to be treated as such.

It needs to be and I was kind of disappointed when you said you're gonna prioritize function over beautification, because I think E Street Quarter really needs beautification.

So that's where we are on that project.

Um I'm real excited about your flood protection program too.

We're real lucky to have the partnership with the core on that.

And that's been a great partner.

Real help.

And I want to compliment you on the sidewalk retrofit.

They're doing a marvelous job on that.

The amount of progress that was made last fall was just phenomenal.

It really has changed the landscape and walkability, if you will, of Frederick.

So congratulations.

And I think that'll be it for right now.

Okay.

And I'll just I'll just add so the public's made aware um the uh downtown streetscape project, um, which is still kind of in its infancy, but that would include looking at um reconstructing the sidewalks along uh along that corridor.

That's that's along Market Street in that case is the uh kind of area of the downtown streetscape.

So we we're definitely making uh placing a major focus on uh walkability around the city um for for all users and looking to improve our sidewalks.

Yeah, you didn't mention it by language here, but in the two re envisioning of E Street, there was really fine attention that was paid to intersections and improving the quality of intersections from a safety perspective from a pedestrian perspective.

So I'm looking forward to having that become a reality.

The other is you I think you all have given out your design contract for the pedestrian bridge.

Correct.

And there are citizen entities uh that are interested in participating in the guidelines or guidance for that, for instance putting a public art, associating public art at each end of that bridge, or talking to the engineering firm about what the is it going to be a boring railroad type bridge going across, or is it gonna have some fluidity to it?

And is it gonna be an attractive asset to the city rather than just a functionary asset to the city is really what I'm looking at there.

So I would love to have your people, your team create a meeting where some of the community members can meet with the designer and meet with your staff.

Fantastic project for the city.

Certainly agreed, and we did include in the scope of work for the consultant um the public art component, and we'll be working with our public arts manager Layla to put up put together the public uh interactive meetings to start that process.

Layla's been terrific.

And so is David, by the way, uh David Edmondson.

Uh so that's all fine.

I just my concern on that is we probably have to if there first if there's going to be any impact on the design of the ridge to accommodate whatever public art components might be involved.

They probably need to be decided upon or at least understood by the designer at the 30% design stage.

And that may be six months away.

And so the sooner we can have a early meeting with the designer to talk about what we're thinking about.

I don't want to be coming in after the fact and being told what we can't do because this is where the design is going right now.

So if we're going to impact the design, it needs to be sooner than later, is where I'm coming from.

Thank you.

Commissioner Temple, do you have any questions or comments?

Yeah.

Um let's see.

One, I'm gonna disagree with you, uh, Commissioner Roby, that um while I like beautification, I don't think East Street functions first and foremost.

You know, north to fit, there's no sidewalk whatsoever.

So, you know, I I would I want to make sure we're focused on getting safe sidewalks for pedestrians.

Um then, you know, uh when we can beautify at the same time.

But to me, that you know, that's more of a priority than um beautification.

Um at least north of north of fifth on that parts of East Street.

Um I'd echo the importance of of of all the work being done on East Street and uh champion it while I was on EMAC and will continue to um promote it here that you know that's the main entrance uh to the city from people coming off of 70.

Um and you know, a lot of them turn before they get to fourth or fifth, but if they continue down it it changes drastically from what um the cities tried to create into um you know a less beautiful uh and less inviting uh part.

So we'll continue to to do what I can to prioritize the projects there, both um you know, rails of trails, um sidewalk improvements, curb and gutter improvements, et cetera.

Um along that um I think uh as I look through this matrix, just housekeeping, I see some other things on here that I'm wondering if they should still be on here.

I know you said you're gonna remove the head the police headquarters, um the fifth street extension, if uh I'm not mistaken is complete.

Um Yes, the piece from Pine uh to church.

Yes, is complete.

Um but we're also looking at um the section between East and Pine to make some improvements along there as well.

I think there's no sidewalk and the railroad tracks and other stuff, yep.

Yep, uh understood then.

Okay, that makes sense.

Um that's uh for the for the additional walkers that are going down that street.

Um I think that's a continued priority.

Um is there currently the the conference center parking facility is still on here.

Is that an ongoing effort or isn't is that all roped into the construction that started last week?

Correct.

That is integrated into the um downtown hotel project.

And is there more CIP funds that need to be allocated for that?

Or uh not to my knowledge.

Okay.

Wow.

Not to my knowledge.

Um that project is managed out of the uh out of economic development, but I believe the funding necessary for that is all in there as part of that project.

Uh as long as they don't dig up something that they're not supposed to.

Uh yeah.

All right, great.

Um I I think the only other general comment I have is um with some of the you know uh the Jefferson Street improvements, Willowdale improvements, some of those traffic calming ones that are running through uh transportation and engineering.

I know staff is looking at both short-term and long term.

And I think if we're asking for CIP funds, large CIP funds, we're making sure that we're doing the proper design and staff has done a lot with a little on some of these intersections and and and um pain point, you know, um conflict points.

But what I what I do want to see is if we are you know going and allocating SIP funds that you know, we're we're getting past the oh well we didn't do that because we didn't want to move a storm inlet, right?

And and and don't want to be prioritizing the political effort to get all this money to not do the best design that we can to serve the residents, you know.

That means you know, if it if it means some right-of-way take and some larger projects, if if that's what it needs to put in a proper roundabout or whatnot, then like I would rather it take a little bit longer personally, but it'd be done well and us be like very proud of it than going through this SIP process and then it only being for like a medium term, right?

It's like let's do the short-term ones we can with the funding we have, and then do them really well with the bigger budgets, if that makes sense.

But I think that's it for me.

Um the only thing I wanted to add would be about the streets master plan.

I know it's not a CIP in itself.

And I know last year we talked about the smart traffic systems to really understand what's coming next, right?

I'm concerned as well with that whole um East Street area where we're doing a lot of development right now with the parking and how the traffic will flow.

Um so I was wondering how you know how how do we go about getting the master plan or even smart traffic system supporting these projects added to our our our list for lack of a better word.

I'm sorry.

I think I got bits and pieces.

How do we prioritize projects?

Right.

So if I know last year we talked a little bit about the smart traffic systems in order to kind of predict what's going to happen, what what is happening today?

How would we go about getting that support that we really need with all of this development added in as a CIP for this year?

Is that possible?

So the approach the planning commission has taken is to advocate for that study period, right?

So it's kind of more of a not a specific CIP, like we're going to build this bridge and street, um, but more of a do the baseline study with the Streets Master Plan or looking at the smart um traffic solutions.

Um that is more of a programmatic recommendation, in my opinion, that would be incorporated in your letter.

Um I think looking back at the language for the the uh smart traffic uh bullet point that the planning commission had last year, you know, really uh the language was specific and intentional to make sure that the mayor and council understood that the planning commission sees the amount of in-fill development that's happening that's predicting those projects.

Um I think uh Commissioner Robey spoke to it.

We're seeing these projects all come online, um, and therefore we believe that we need to be looking at X, Y, and Z in the future.

So, in terms of how I would recommend you structure the the letter is to you, you know, think about language that's similar to what you have citing specific projects or specific areas.

Um I know we had a lot of conversation about um Frederick Health and the improvements in that area and one of the long long range uh plans for an interchange at uh 26 there.

Um that's obviously a very big um long-term improvement, but that was uh that was something that the Commission hadn't recommended previously, just to re keep reiterating it.

Okay.

Um so I would recommend, you know, specific project, specific areas in that language.

Okay.

Thank you.

Are there any other questions that the Commission would have?

Commissioner Temple?

I'm just gonna say this now for the sake of it.

It looks like the water master plan is fully funded.

Um is that started?

The water master plan is actually No, I'm thinking of a sewer, I'm sorry.

Sewer master plan is complete.

Water master plan, I believe has begun.

I would have to verify with our engineering department, but it is fully funded.

It is fully funded.

Um if you are not already, I would ask that you start you ensure that that master plan looks at the potential future uses that the city is put entertaining that are heavy water users as well.

If just just because I see it here, I'm thinking of it.

Thank you.

And and just so you're aware, so concurrently we are um we are already working with um Frederick County.

Uh uh we have a consultant that's uh looking at both uh water and sewer, um both within the city and the county because we are connected in in various ways.

And so they are taking a look at um uh capacity, uh future needs based on our comprehensive plans, based on future growth that we see coming.

Um that's all that's already occurring.

The water master plan will be a bit more specific to to the lines, the tanks, the pumps, so forth within the city.

Thank you, Zach.

Yep, you're welcome.

Commissioner Robey, do you have any additional questions or comments?

The answer is yes.

The question is whether we do it here or whether we have a separate meeting on water issues.

Uh I'm glad you are working with the county.

Uh I think you need to also be working with the Interstate Commission on the Potomac River Basin.

And uh my concern is what the impact is going to be of data centers and our growth on our existing water supply.

And right now we don't have much of a demand on the Potomac River.

I should say it a different way.

The eight-inch pipeline is now going through East Alco's former site that is providing water to the city in response to drought conditions we experienced 24 years ago, whatever it was.

Um the 20 percent or whatever the allocation was for data center support from that line has already been fully allocated.

So there's no additional water available for the city from this allocation for city data center use.

I don't know.

In response or in addition to what Mr.

Temple was stated, uh I don't know what the capacity is for the existing water distribution system in the city and how that capacity might be burdened by the requirements to add another million gallons a day for each of the data center facilities that might get built.

So there are some serious questions to be talking about on water supply issues, whether we have adequacy in terms of water cleanup or water distribution constraints.

I don't know that yet.

But uh I would love to have those conversations uh with the city on that regard.

Tons of other things to talk about in terms of noise, but uh we'll just leave it with water for right now.

I'm sorry, I couldn't catch the last part of the water is a water is something that's locally controlled.

Okay.

Yes.

The county and the city can control their water.

Electricity is done by a public utility commission, and noise is done by regulations and ordinances that may or may not be suitable for something of 24-7 ever persistent noise.

It's my mind, and I could be wrong, but the noise regulations we now have in the city or for our intermittent type noise, not noise that you are living with 24 hours a day.

So to me, there's a difference in what's going on here.

But that's not for today's discussion.

It's that's for a broader presentation to the community.

And uh so that's it for right now.

Thank you.

All right.

Uh do we have any public comment?

Step right up.

Hi, everybody, Heather Goddard.

I live in Minoxie Village and am part of East Frederick Rising.

We have heard from our community um the need, uh the concern regarding our growth and infill, all of the residential units popping up along East Street throughout East Frederick and concerns that our infrastructure projects need to accelerate to keep up with that projected growth.

Uh EFR wants to bring that concern, the community concern to the planning commission this afternoon and encourage um the inclusion of the East Frederick projects that you have included.

We also wanted to bring it to your attention.

We've uh are keeping up with other uh committee meetings and the active mobility advisory committee in their February 2026 meeting, they mentioned something about E Street temporary walkway or uh, and I'm not sure what that is.

So we just had a question about East Street.

Um the E Street Improvements CIP project, which you have first on your letter, and we tried to go back to see when the E Street redesign was first included in the Planning Commission CIP letter.

We went all the way back to 2018.

So it's probably the eighth year that you guys have included the E Street redesign in your letter, so thank you for that.

Um please continue that advocacy.

Don't give up on it, don't forget it.

It's very important.

And with these new uh residential units coming online through all along Patrick Street and East Street, it's more important than ever.

It's that we have sidewalks on that street and more than just functionality beautification projects, something that makes that a true corridor that's worthy of being in Frederick and connecting our our new existing and new communities.

The existing residents deserve a connected, walkable East Street as much as the ones that are coming up.

But now that we are increasing almost doubling our population with the next five to seven years, if all these units that are approved and in the pipeline do get built out in that timeline, it's it's needed more now more than ever.

Um this Thursday, um the trans the City Council is having a meeting and reviewing their app uh the planning department's application for a transit-oriented development along um and East Street and the East Street corridor is a major um part of that.

Um the application is spectacular.

It mentions the form-based code many times.

It mentions East Street redesign many times.

Um we feel like now we're finally coming to a place where these uh grants visions are possibly coming to fruition.

Um the community also has expressed a desire separate from that.

This is separate for the Bond Street extension.

Um they really like to see Carroll Creek uh pathway extended up north um to into Renn Park.

Um the Riparian and the stream water uh restoration projects in Wren uh Park.

Uh we just want to encourage you to look at that project.

That was um mentioned in the letter for sustainable Frederick.

So those that CIP, those projects are really going to help our mixed-use communities that we see coming online.

Uh we do have this massive parkland in order to make it usable.

We have got to do the complete the restream restoration projects, which have been, I think they put that out to bid for a year.

We haven't seen and it was supposed to be completed um in the summer of 2025, I believe.

Um so we just want to see some movement on these CIP projects that are really hinging on the success of this whole mixed-use project.

It hinges on the successful development of all of the project of pieces, the non-residential, the open space, the residential, it all needs to work in concert and be built out together.

And so if we're waiting on the stream restoration to get the path to get the connectivity to get downtown to access the open space, then please let's let's see some movement.

So thank you for your advocacy for East Frederick projects and and and continue the great work.

Thank you.

Thank you.

All right.

Uh with that, we will conclude that item.

Next, we'll be moving on to rules of procedure.

Let me bring up my correct materials and we'll get started.

This is the hopefully uh the final draft of our rules of procedure update, which we've discussed at uh a few recent meetings.

Uh let's see, here we go.

So once again, in your packet, you have a copy of uh the marked up version, which will show underlines and brackets in bold.

The brackets uh are text that's being removed, the underline is uh text that's being added.

Uh that's attachment number three listed on page one of your summary.

Attachment four is what they would look like if you adopt all of those changes.

So remove assuming that those changes are made, that would be the final product.

Since our last workshop, um we had received um some comments from um Sharon who spoke uh at the last meeting and and unfortunately couldn't be heard today, but we'll catch up with her and make sure she's seen this latest draft as well.

Um so we've incorporated some of the recommendations that she provided in her public comment uh and made a couple of other adjustments.

So starting at the bottom of page one in your summary, I'm just gonna highlight what we've changed.

Um page one, you have new text for the introduction and a purpose statement uh that I think um nicely captures what those rules are intended to do and the roles of the commission.

In section 1.4, uh this is where it talks about the the role of the liaison, um, keeping in mind that this will be our council member liaison who sits on the planning commission is no longer a voting member of this body.

Uh it used to be such that the planning commission liaison was a full voting member.

That is no longer the case under the city charter.

Uh so the rules have been updated to indicate that the liaison does not have to adhere to the same codes of conduct when it comes to uh ex parte communication and and those rules captured in section one.

Uh the council member would be bound by their own rules of procedure and items that will ultimately come before them.

So if there is a discussion at this body that is a rezoning that will go to the city council, the city council member is notified at the beginning of the process that we have that pending uh text amendment or map amendment, uh they would be covered under their own rules of procedure, but we don't want to prohibit the liaison from being able to otherwise um you know hear what's happening at the planning commission items that they're not voting on and be able to communicate that to other council members.

Maybe they say, you know what, I'm I'm watching the planning commission, and this is uh a continued concern I hear.

They should be able to talk about that in their capacity as a liaison.

So we just clarified that.

Uh section 2.9 is just to reflect that as well.

Uh in section 2.8, um this was a recommendation that Sharon had provided in her copy, uh one we've discussed uh with new members of the commission as they come on board, but specifically saying that a member uh who's recusing themselves should remove themselves from the room during the discussion of the item, and I think we've talked about that and some are onboarding.

Uh, that's just to make sure that if you have a conflict of interest um that you feel like you cannot participate in the discussion, that you actually physically leave the space so that you're not sitting in the back row, maybe making faces or trying to control the conversation or someone thinks you are.

Um so it's just um for everyone's best interest that if you have a true conflict of interest that you not be part of um the discussion at all.

Uh section 4.6.

This language uh relates to addressing um uh proceedings for cross-examination.

This was language that Sharon had um provided some sample kind of template verbiage for.

Uh however, we did take that the spirit of those comments and uh use language that's in our city council's rules of procedure for when they're acting in a quasi-judicial capacity.

Uh so we we recognize the need to have language that talks about testimony and proceedings for cross-examination, but wanted to use language that we're already using in our council rules of procedure.

Uh section 7.3 relates to the formation of special committees on the commission.

Uh this is a power that is um the the commission is allowed to have under the um state law.

Uh but we did want to make sure that if the commission at some point is interested in creating a special committee to pick up a topic, uh, you know, something that that's pressing that's come before the commission, that requests for uh resources go through the mayor, so you would provide a letter in writing, probably something that the commission would vote on.

We want to establish a committee to look at X.

The chair would be empowered to sign that letter on behalf of the Commission, send it to the mayor so that the mayor can then act in his ex or her executive capacity to um allocate resources to that.

Any meetings of uh subgroup of the commission would be subject to uh the open meetings act.

So we have general proceedings where we want to videotape and provide public notice and have security when we have public meetings in the building, and all those things take um a bit of staff coordination and resources.

So it's proper for it to just go through that step of um requesting those resources.

And then section nine was revised just for clarification, and I'm gonna have to look at what section nine was.

Oh, section nine were just some subtle um recommendations that once again Sharon had provided in her comments um about the commission's ability to join uh associations, the national um planning associations and um encouraging that.

That is all we had.

Um there was some additional language in the public comment that uh related to um uh planning staff's code of conduct in compliance with the ethics regulations.

Uh we did not include that language just for a couple reasons.

Um one, these are the planning commission's uh rules of procedure, not not the staff.

Um we are bound by our own uh citywide policies and procedures manual and ethics manual.

Uh the other reason it wasn't included was um there's all sorts of staff that will come before you, and we're all subject to various um uh both our city organizations rules, um policies and procedures and ethics, but also individual licenses and accreditations that some of us may carry in different capacities.

Um so just didn't think it was necessary to single out anyone specific planning staff is subject to this because we're all all of the staff who will be presenting to you in any capacity are subject to our code of ethics and um policies and procedures of the city.

So that is it.

Um in terms of next steps.

If the commission is comfortable with these recommendations, I would um I would urge you to put them on the next agenda for adoption so that we have um an updated set of rules of procedure.

I think with new commission members coming on and even more new commission members coming on, it's really helpful to have an updated rules of procedure that we can run through with them as part of our onboarding process and um have that kind of put to bed.

We'll go ahead and start with questions with Commissioner Temple.

Nothing at this time.

Thank you.

Nothing at this time, but I thank you.

Okay.

Um and so I wanted to thank you, um Gabrielle.

I really liked how you summarized and bullet pointed out the changes.

That was so helpful to see that.

And just I know it was a lot of different exhibits when we reviewed our packet, um, but I think this is truly important.

Um I like the changes.

The one thing I did want to talk about, since obviously this has come up very recently, is in section one, the officers of the commission.

I I think possibly we want to look at this a little bit because right now, you know, we're acting with a chair but without a vice chair or secretary.

Um so I don't know if we need to maybe add a little bit in here, you know, as to like the what ifs, right?

What if I'm not able to come next month?

What happens?

I just think it's good to have something laid out so that we know what we're doing for those what ifs.

Um also to clarify uh the council liaison.

I don't think they've uh elected one yet or decided how they're going to do that.

Um since I've been part of the commission, we have not had a liaison present in any of our meetings.

So I think planning is a huge part of what the city does.

I think we should still push for them to do that.

I know I've spoken with several of the council members saying how important it is and that they you know have some mechanism for us to communicate whether that person's here in every meeting or you know, a separate subcommittee or meeting.

Um but I did want to see if we can add some language to section, I guess sections um 1.1.2 to indicate what the plan is in succession.

What what do we do if something happens that I'm not able to run a meeting?

The great question.

Um, this definitely was a bit of an abnormal situation.

I have to say, um, in in my tenure, it's um we haven't we haven't had to resort to kind of you know being selective in our appointments um just because of the staffing.

I think that's a great recommendation though, um, because we have had to navigate what do we do, what's an appropriate approach.

Um I think we can probably come up with some generalized language.

I don't want to hamstring anything because we can't think of every possible situation that could happen.

But I think um having um you know having some language about a special election to appoint critical members is a you know is an option um if there are lacks of you know a full body um to be able to select from and then having elections at the next um the next um earliest opportunity when appropriate.

So let me look at that a little bit.

I think I I understand where you're going.

Um so let me look at that with regards to the liaison.

Um so uh this this year is a little bit different uh in the past um before the charter changes.

Generally the mayor worked with the council members to you know figure it out who who was most appropriately placed on different commissions and they they kind of negotiated that way, is my understanding.

And you know, people said I want to be on this, and and if they were um if they had a special interest or ability to serve in that capacity or um were placed on those individual commissions.

Uh the council president is my understanding is working now with the council members to identify who will be placed where.

Um, but I think the liaison is a tremendous role and opportunity, um, especially with the planning commission, HPC, um AMAC, to really hear kind of firsthand um the the types of projects that are going through the trends that the commission is seeing and be able to carry those back to the council.

So I think that's a very important um important role to have uh a liaison who who can um participate and listen and participate um on a regular basis.

So understood.

Um let me look at that language a little bit in section one, see what I can come up with.

Um we'll have our pre-planning commission meeting before our next hearing when we aim to adopt these um so we can share that with you at that point and then I think importantly um with uh Sharon Suarez being out of a country right now when she comes back if um you know since she gave us so much public comment if she also could look at at that.

Um I know she's very interested.

Absolutely.

Okay.

So any further questions from the commission over here?

I don't either.

Thank you very much for your time.

All right, thank you.

Meeting adjourned