Land Management Code

Work Group

 

Meeting Minutes

January 2, 2008

 

 

 

Recap of Agenda:

A.)   Welcome

B.)   Mayor Holtzinger’s Remarks

C.)  Alderman Imhoff’s Comments

D.)  Introductions

E.)   Mayor Holtzinger’s Charge to the Work Group

F.)   Roundtable Discussion on LMC

G.)  Discussion of Work Group Process

H.)  Next Meeting

 

 

 

B. Mayor Holtzinger gave a brief overview of the many concerns, criticisms and advantages of the current Land Management Code (LMC) as expressed by staff, developers, and citizens. He acknowledged the potential difficulties in undertaking this task but stressed the need to bring the LMC more into keeping with what many expected prior to its creation, an easily understood document with a degree of flexibility to improve the city’s development process.

 

 

C. Alderman Imhoff gave a brief background review for the Work Group of the history of the creation of the Land Management Code and some of the problems encountered by the Planning Commission and Planning Staff. In his opinion he saw three main areas of improvement that should be addressed by the Work Group:

 

                                    1.         Process-related

                                    2.         Interpretive issues

                                    3.         New Initiatives (i.e. “greening” opportunities)

 

 

E.   Mayor Holtzinger gave the Work Group a charge to review the current Land Management Code with an open mind towards producing the best recommendation for improvements to the Board of Alderman. The range of options is from keeping the current LMC in its present form to totally eliminating it.

 

 

 

 

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LMC Work Group

January 2, 2008

 

 

F.      The Work Group was then invited to express their opinions, concerns, questions regarding what as individuals they had about the Land Management Code and what they felt should be the best way to tackle this charge. The following is a summary of  most of the comments expressed (in no particular order of priority):

 

 

·         Broad-brush versus microscopic approach

·         Patching patches

·         Large versus small development projects

·         Historic District Guidelines versus Carroll Creek Overlay versus LMC

·         2004 Comprehensive Plan versus LMC

·         Affordable Housing, APFO, MPDU, etc. initiatives

·         Are code models available

·         Process outcomes

·         1986 Zoning Ordinance (a.k.a Green Book)

·         Do not spend a lot of time only to be overruled by consultants

·         Sub-division regulations

·         Confusion on staff thresholds (i.e. 10,000 square feet versus 1,000 square feet)

·         Annexations

·         Citizens of Frederick need to be the beneficiaries of this process

·         Many things are the same between the LMC and the previous code

·         Need for examples of what has not worked or is a hindrance to even start

 

 

G.  Attention was then focused on how best to proceed with aligning the Work Group to proceed with the charge.

 

  • The first question was “how is this Work Group to present its report?” It was pointed out that a zoning ordinance or land management code is derived from the expressed power granted under Article 66 B of the Annotated Code of Maryland to the local legislative body. Further that the Planning Commission in concert with the planning staff initiate any proposed additions, deletions or changes to the local governing document with recommendation to the legislative body.

 

    • ACTION: The outcome of this Work Group will be submitted to the Planning Commission for its review and recommendation to the Board of Aldermen.

 

 

 

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LMC Work Group

January 2, 2008

 

 

  • The second question was addressed to how best to proceed with determining the amount of information needed to even begin working through the LMC.

 

    •  ACTION: The Mayor will provide up-to-date-copies of the LMC, the 1986 Zoning Ordinance, the Sub-division Regulations and other pertinent documents to the Work Group for the next meeting.  

 

 

  • The third question was centered on the fact that a significant part of the current LMC has similar wording to the 1986 Zoning Ordinance, “…could that not save some time?”

 

    • ACTION: At next meeting hold a discussion on the possibility of having a “sub-committee” review the two documents.

 

  • A fourth question was related to the amount of detail in the LMC that might be able to be extracted from the code.

 

    • ACTION: At the next meeting hold a discussion on the appropriate manner in which to extract “unnecessary wording” from the LMC, yet retain a reference to it and have that document in some form of appendix for the code.

 

Other items that were brought up during this discussion of process that will need to be addressed at some point are:

 

      1. the need for a survey for applicants on the process
      2. the need to have examples of problems as articulated in Planning Commission meeting minutes
      3. a list of comments from Planning Staff on the problems associated with interpretation on the LMC on an individual case basis
      4. the fact that almost 60% of the pages of the current LMC have already gone through an amendment procedure

 

 

 

 

 

 

 

 

 

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LMC Work Group

January 2, 2008

 

 

H. Next Meeting 4:30 p.m. January 15, 2007, City Hall First Floor Board Room

 

            Alderwoman Marcia Hall to facilitate.

 

            Proposed Agenda:

    1. Welcome and Introductions
    2. Mayor Holtzinger Remarks
    3. Alderwoman Hall Comments
    4. Approval of January 2nd Minutes
    5. Status of copies of LMC manual and other documents
    6. Discussion of Charge

                                                              i.      Decision by Work Group on direction to proceed

                                                             ii.      Division of work (committee of the whole and/or sub-committees)

    1. Consideration of next 4 months schedule and alternative location
    2. Next Meeting Date