Planning Commission Workshop: TUESDAY, February 21, :00 P.M.

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1 Planning Commission Workshop: TUESDAY, February 21, :00 P.M. Located in Conference Room C of the Municipal Office Annex, 140 West Patrick Street. CASE NO. APPLICATION TYPE PC17-49FSI Final Site Plan PC FSU Final Subdivision Plat PC17-050ZMA Zoning Map Amendment PC16-615PSU/PC16-616FSI Combined Preliminary Final Site Plan/Preliminary Subdivision plan PC16-965FSI Final Site Plan PC16-966FSI Final Site Plan PC16-793PFCP Preliminary Forest Conservation plan Informational Item* Informational Item* APPLICANT/ORGANIZATION PROJECT City of Frederick Stormwater Pumping Station 506 Highland Street City of Frederick (NAC #12) Millie s Delight Fox & Associates, Inc. (NAC #1) 200 E. 16 th Street EOM II, LLC (NAC#7) Renn Property Harris, Smariga & Associates (NAC #12) Commercial Lots 2003 & 2004 Multifamily Lots 2006 & 2007 East Street Corridor Plan City of Frederick Resolution No Regarding the Policy for Annexations and Rezonings During City of Frederick Elections City of Frederick CASE PLANNER Butler Reppert Reppert Reppert M. Davis Adkins/Collard Please note that final site plans must be reviewed with the Neighborhood Advisory Councils (NAC s) before a project may be scheduled for a Planning Commission meeting

2 *Denotes plans being brought forward for information purposes only. These items will not be scheduled for the subsequent month s Planning Commission hearing. For more information, contact the assigned planner. During the Workshop meetings, it will be necessary for all (Master Plans, Preliminary and Final Site Plan, Annexation, and Zoning Map Amendment) applicants to pick up their signs to post the property as provided in Section 301. b. and 502. b of the LMC. Posting verification affidavits must be returned to the Planning Department in accordance with approved policy and a photo of the sign placement on the property submitted to the project planner. Please remember to take down old signs if your project is continued and contact us for a new sign to assure being heard at the public hearing. You are still obligated to pick up your signs and post them on the appropriate date. Improper advertising may result in not being able to hear your case

3 Planning Commission Workshop Project Summary Project Number PC17-049FSI, Final Site Plan Project Name City of Frederick, Stormwater Pumping Station No Highland Street PC Workshop Date February 21,2017 Proposal: The City is proposing an upgrade to the existing Stormwater Pumping Station No. 4 which is located on the west side of Carroll Creek, within the between E Patrick Street and Highland Street. The zoning for this property is Open Space (PRK). The site is also in the Carroll Creek Overlay (CCO) and Airport Overlay (AO) districts. Per Section 852 of the LMC, public utilities and other essential services are permitted in any district provided that plans for any such facilities which are above ground are submitted to the Commission for review, and that the recommendations of the Commission are followed. Background Information: The site was originally constructed as part of the City s Carroll Creek Flood Control Renovation Project. Pumping Station No. 4 was constructed approximately 20 years ago and the existing pump and hydraulic systems have reached the end of their useful life. The proposed upgrades include the demolition of existing hydraulic pumps, underground hydraulic piping, unused electrical systems, pumps, piping, valves, bar screen, the existing motor engine building and concrete foundation floor slab. Contaminated soils will be removed and properly disposed. This application will be proposing the installation of new electrical equipment, controls, vertical propeller pumps, emergency generator, automatic transfer switch, pump motor platform, and pre- engineered precast concrete control building. There will also be repairs to the existing fence and asphalt. Land Use: Per Section 1002, Definitions, essential services are all those facilities wherever located which are erected, constructed, altered or maintained as part of an integrated system or program which is designed and used to furnish services reasonably necessary to the health, safety, or convenience of the public. Such public systems include water, electric, gas, communication, steam or sewer lines and all facilities, which are necessary parts of those systems. Such facilities include wires, poles, towers, pipes, alarm or emergency devices, traffic signals, fire hydrants, or similar apparatus as are used to provide a public service. An essential service may be provided by public utilities, local governments, or other competent parties. As noted above, the exterior improvements consist of a 12 x 20 precast building that will have a brick exterior and emergency generator. The building is just over 12 in height and will be unmanned. There is a paved parking surface that is accessible 1

4 via a common access easement from Highland Street through the adjoining properties that allows for parking during routine maintenance and inspection of the facility. The site is surrounded by a six foot (6) a chain link fence with barb wire. With the sites location within the linear park, Staff has routed the plan to the Deputy Director of the Parks and Recreation Department for any recommendations on landscaping or screening. Environmental Features: The Property does not contain any non-tidal wetlands and also does not contain any 100 year floodplain areas. Attachments: N/A 2

5 Planning Commission Workshop Project Summary Project Number PC FSU, Final Plat Phase 1, Plat 3 Lots 12-25, and 42 Project Name Millie's Delight PC Workshop Date February 21, 2017 Proposal: The Applicant proposes Final Subdivision Plat, Phase 1 Plat 3, for Lots 12-25, and 42 for the Millie s Delight subdivision located south of where Christopher s Crossing intersects Tuscanney Drive. Background: The Millie s Delight subdivision was approved under the City s 1986 Zoning Ordinance and designed as a Clustered Development Option. The purpose of the Cluster Development Option was to allow flexibility in the design of residential development by permitting some variation in lot sizes and required yards but without an increase in density of development. The Preliminary Subdivision Plat (PC02-217PSU) subdivision was approved for modified lot sizes, lot frontage and setbacks creating 59 lots within two phases. However, the land area for the Phase 2 lots was entirely within the 100 year floodplain and has been determined at this time unbuildable under City and FEMA regulations. As a result, the Applicant has taken the approach to revise the plan by removing the unbuildable lots and finish platting the buildable lots as Phase 1 leaving the plan essentially with no phasing. Per Section 910 of the Land Management Code (LMC), even those development plans approved prior to the adoption of the LMC that are allowed to proceed to completion under the previous regulations must follow the procedural requirements of the LMC. Section 508, Final Plat, indicates that a final plat that does not conform to the approved Preliminary Subdivision Plat shall be referred to the Planning Commission for approval.. Important Issues: The Applicant has removed seven (7) lots and created one new lot, Lot 25, outside of the floodplain and in compliance with lot size and dimensional requirements as modified under the 1986 R2 zone, which is currently zoned R4. Therefore, the plat has decreased density and remains in compliance with the Cluster Development Option. A section of Christopher s Crossing runs through the subdivision although not part of this platted area. The Applicant/Owner is required to pay $3,500 per unit prior to recording of the final plat, as contribution towards construction of the Christopher s Crossing road section in accordance with the original subdivision plat. The project is exempt from APFO testing and MPDU requirements, given that the project was approved prior to adoption of the respective ordinances. Attachments Final Plat Preliminary Subdivision Plat (PC02-217PSU) Exhibit 1

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7 Planning Commission Workshop Project Summary Project Number PC17-50ZMA Zoning Map Amendment Project Name 200 E. 16th Street PC Workshop Date February 21, 2017 Proposal: The Applicant is requesting removal of the Institutional Floating District (IST) from 3.07 acres of the 200 E 16 th Street property containing the Northampton Manor Nursing & Rehabilitation Center to return the portion of property to its base zone of High Density Residential (R16). The Property is also within the Wellhead Protection Overlay (WHO) zone, a designation which will be unaffected by the removal of the IST district. Background In considering the removal of the floating zone, Section 306(d)(3)(e) states that the Board of Aldermen may allow a parcel designated as a floating zone to revert to the base zoned applied by the City during the most recent comprehensive Rezoning. Section 306 of the Land Management Code, Text Amendments and Zoning Map Amendments, allows for removal of a floating zone and reinstatement of the base zone of properties without having to prove change or mistake and without having to make findings of fact required for the placement of a floating zone. The Zoning Map adopted during the comprehensive rezoning in 2005 converted the 1986 high density zones R5, R6 and R7 to R16 and placed the IST zone over uses such as hospitals, houses of worship, government offices and similar facilities as listed in LMC Table Permitted Uses in IST District. The total acreage of the Northampton property is 11 acres; however, the 3.07 acres proposed for rezoning is a vacant portion of the property adjacent to the East of Market apartments part of the Canterbury subdivision zoned R16. Important Issues: The Applicant intends to subdivide the 3.07 acres from the total 11-acre parcel pending approval of the rezoning.. After subdivision, the parcel will no longer be split zoned, however, in the interim it will be zoned both IST and R16 within the WHO. Split zoning property is not prohibited under the LMC; however, it can cause difficulty in the application of the zoning provisions. Should the transfer of the property not occur subsequent to the rezoning, the IST district would have to be replaced in order for the existing property owner to use that area for the nursing home/rehabilitation facility. Pending the rezoning of the Property and further subdivision, the Applicant plans to construct an additional multi-family building to mirror and expand on the East of Market apartment complex. This redevelopment would be subject to the standard review process where access management and traffic impacts will be evaluated among other things. In preliminary evaluations, the Engineering Department has indicated that the Applicant should obtain a cross connection with Northampton Manor and upgrade access to the commercial entrance across from 15 th Street. In addition, the development will also need a cross access easement if they intend to obtain access through the existing entrance on N East Street for the multi-family units.

8 Attachment Transmittal letter and justification for the Zoning Map Amendment 2

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24 Planning Commission Workshop Project Summary Project Number PC16-616FSI/615PSU, Combined Preliminary Subdivision Plat and Final Site Plan PC16-965FSI, Final Site Plan Commercial PC16-966FSI, Final Site Plan Multi-Family Residence PC16-793PFC, Preliminary Forest Conservation Plan Project Name Renn Property PC Workshop Date February 21, 2017 Background The rezoning of the Renn Property from Light Industrial (M1) to Mixed Use (MU-2) and the mixed use Master Plan for the construction of 1,050 residential units, 105,000 square feet of nonresidential use, and open space was approved by the Mayor and Board on October 1, 2015 by Ordinance G and Resolution 15-23, respectively. With the Master Plan, the Mayor and Board reduced the minimum land allocation requirement under Land Management Code (LMC) Section 417, Mixed Use Districts (MU-1 and MU-2) for nonresidential uses from 15% to 4% finding that the proposed plan meets the purpose and intent of the Mixed Use zoning district. This finding was based on the provision of parks and open space in excess of 25% more than the minimum required (5% mandatory vs. 30.6% proposed) and the Applicant s construction of the Shared Use Path through the site across City park property to Highland Street. As part of the Master Plan process, provisional certificates of adequacy (CAPF) for roads (CAPF-R), water line (CAPF-WL) and sewer line capacity (CAPF-SL) were issued indicating that while the facilities that serve the site are currently unable to adequately absorb the project s impacts, the improvements necessary to achieve adequacy were identified. The project received a final certificate of adequacy for schools (CAPF-SCH) indicating that the schools that serve this development at all three levels- elementary, middle, and high- are adequate to serve the development. Per Chapter 19 of the City Code and based on the proposed density, the Applicant is required to provide 132 Moderately Priced Dwelling Units (MPDUs) or pay a fee in lieu of constructing the units. The Applicant has chosen to pay the fee and a MPDU Payment Agreement has been executed. On December 4, 2014, the Mayor and Board reviewed the application for the placement of a Historic Preservation Overlay (HPO) on the historic farm complex on the Property. The Mayor and Board voted not to approve an HPO and permits to proceed with demolition without further delay were issued. General Considerations This section applies to all of the plans being processed at this time. Issues specific to the individual plans are described in further detail below. 1

25 Architectural Compliance The entire project must comply with Section 604 for Building and Urban Design Standards. Class A design standards are required for single family dwellings, townhomes, multifamily buildings, and commercial/industrial buildings in the MU districts. At the time of Master Plan, the Applicant provided a Design Book that conceptually demonstrated how the standards will be met at each subsequent stage of the development process and as the details of construction are further developed. In addition to Section 604, the nonresidential components of the plan are also subject to the shopping center design provisions of Section 863, which requires compliance with mandatory design standards. At this stage of the project, specific tenants and homebuilders have not been identified, making the task of obtaining elevation approval for compliance with the architectural standards impractical. Accordingly, the Applicant is requesting that the architectural elevations be approved by the Commission prior to building permit issuance. Notes have been placed on all of the plans to this affect. For all the residential development covered on the plan, the US Postal Service has changed its operations so that they no longer provide door-to-door delivery but instead require centralized mailboxes. Staff has asked the Applicant to show proposed mail kiosks locations on the plans to avoid trying to incorporate locations at the improvement plan stage of the project review. It is important to have the Post Office feedback and ultimate approval for the kiosks locations to ensure that they don t conflict with other improvements. Under Section 407, the plans should address performance standards for a mixed used zone, i.e. street connectivity ratio, density, floor area ratio, etc. PC16-615PSU/PC16-616FSI Combined Preliminary Subdivision Plat and Final Site Plan Proposed The Applicant proposes a combined Preliminary Subdivision Plat and Final Site Plan for acres of the total acres of the Renn Master Plan. The Plan creates 524 lots made up of 516 lots for single-family attached and detached units; two multi-family lots; two commercial lots, three lots designated for future development and one lot for public dedication as parkland. Modifications The Applicant is requesting the following modifications to: Section 607, Table 607-1, the Parking Schedule, for off-site parking for the 16 wide townhomes that have tandem parking and therefore require an additional ½ space per unit which will be provided on the streets; totaling approximately 52 parking spaces; and Section 608(e)(5) for the percentage of parkland in the 25- and 100-year floodplain areas. The regional park area to be dedicated is predominantly in 2

26 the floodplain exceeding the allowable 70% in 100-year floodplain and 25% in the 25 year floodplain. The modifications requested are a function of the final site plan review and therefore, the modification request letter should address each of the criteria under Section 309, which are as follows: a. The modification will not be contrary to the purpose and intent of the Code; b. The modification is consistent with the Comprehensive Plan; and c. The application includes compensating design or architectural features so as to meet overall objectives of the particular requirement. Important Issues There are still a number of concerns and outstanding comments on road alignments, road designations (private or public), road widths, handicap ramps, sidewalks and intersections, and utility locations, to the extent that Staff has met with the Applicant to look at subsequently redesigning the street layout and access points in some cases. Engineering Staff requests that all cross sections for local streets be consistent throughout the development. In addition, there should be no access drive proposed to future development lots at this time. Access points shall be determined at time of specific site plan reviews, e.g. the access drive off Assateague Road. This is a large plan and Staff asks the Applicant to verify references to match line to correct plan sheets. PC16-965FSI Final Site Plan Commercial Lots Proposed The Applicant proposes approximately 31,920 s.f. of retail uses on two commercial lots: Lot 2003 with 15,960 s.f. and Lot 2004 with 15,960 s.f. Both are corner lots fronting on Monocacy Blvd and Bond Street. Modifications The Applicant is requesting the following modifications to: Section 864(k)(3) to increase wall signage area from 2 s.f. per linear foot of building to 3 s.f. per linear foot based on required 4 sided elevations for buildings. This modification requires a signage package and therefore, Staff has advised that it cannot be considered at this time but instead must be considered when elevations are submitted for review and approval. Section 417, Table 417-2, to increase setbacks: the maximum street setback from 35 feet to feet and the interior setback from 25 feet to 45 feet. Important Issues The Applicant has proposed drive aisles across property lines on both lots that will require cross access easements with the adjacent future lots for development. 3

27 The Applicant has also left an area vacant on Lot (Parcel) 2003 as labeled for future pad site. Staff has advised the Applicant before that the proposed parking on the plan as presented satisfies the retail buildings and possibly will provide little additional parking for a new use on site. A 15 x10 future bus shelter is shown at the southeast corner of Lot 2003 in the public right of way along Monocacy Blvd. This is shown on a needed right turn lane into Bond St, just north of the intersection and most likely in the way of traffic signal appurtenances that are to be installed at the intersection. County TransIT s recommendation is to move the stop (with any proffered transit shelter) to the farside of the intersection, approximately feet from the intersection. There will be a shared use path along the west side of Monocacy Blvd (i.e., the development side) and therefore, offers good connection to the stop. The pad or the transit shelter could preferably go to the back of the shared use path, and a concrete path connection could be provided between the shared use path and the curb where the buses would stop. County TransIT would like the Applicant to explore additional bus stops for the development. Two additional bus stops (one going each direction) at the north end of the development (the intersection of Church and Monocacy Blvd.) may even be warranted. The Applicant should identify locations for potential future stops on the subject plans. The Applicant has shown a retail building with drive through on Lot Staff recommends a different design for circulation that consolidates parking to avoid pedestrians crossing a wide span across drive-through traffic and that the traffic exits in different controlled directions through the site. PC16-966FSI Final Site Plan Multi-family Lots Proposed The Applicant proposes 279 multi-family units on two lots of 8.10 acres on the corner of Ventnor Avenue and Bond Street. The lots are planned for identical buildings of 4, s.f. in size and 52 feet in height. Important Issues Engineering Staff requests that the Applicant design for safer pedestrian movement across parking lots, along sidewalks and path system and connection to handicap ramps. Per Section 607-1, the Applicant is in compliance with the number of bicycle parking spaces required for the multifamily buildings. The Applicant is also providing bicycle storage interior to the buildings in addition to the exterior bicycle racks for each building. PC16-973PFC Preliminary Forest Conservation Plan Proposed The Applicant proposes to plant acres of afforestation in their parkland dedication area and receives acres of street tree credit to satisfy the project requirement of acres. 4

28 Modifications The Applicant has submitted a modification request to remove 13 specimen trees on site due to their poor or hazardous health condition and location. Important Issues As a condition of rezoning, the Applicant is required to plant all of their forest conservation requirement onsite due to the amount of priority plantings areas. The Mayor and Board of Aldermen approved the Master Plan with a minimum of 24.1 acres of parkland dedication and the Applicant is providing acres as a regional park. The regional park area is predominately within both the 25- and 100-year floodplain, which is priority-planting area in accordance with Maryland Forest Conservation Act (FCA) and City LMC Section 721. Therefore, all plantings will be wetland species. The Applicant proposes to plant 200 stems/per acre with a 85% survival rate. The Applicants will be required to obtain Mayor and Board approval of any afforestation within the area dedicated to the City in accordance with Section 721. Timing of the plantings will be coordinated with the required final site plan for the parkland design and approval by the Planning Commission. Attachments All four plans -- PC16-615PSU/616FSI, PC16-965FSI, PC16-966FSI, and PC16-793PFC Staff comments letters for all plans Modification request letters Rezoning Ordinance

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