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Panel backs changes to TNDB overlay to allow taller mixed‑use buildings

Frederick County Planning Commission · November 5, 2025
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Summary

The Planning Commission recommended amendments to the Traditional Neighborhood Design Business overlay to remove a habitable‑floor cap and allow up to 60‑foot building heights so developers could include ground floor retail with upper‑floor housing; commissioners voted to send the recommendation to the Board of Supervisors.

The Planning Commission on Nov. 5 voted to recommend an amendment to the Traditional Neighborhood Design Business (TNDB) overlay that would remove the habitable‑floor limitation and modify the maximum height to 60 feet. Staff told the commission the TNDB is intended to encourage ground‑floor commercial space with apartments above; as written the habitable‑floor and height limits made the district less useful compared with standard residential districts.

Mr. Pearson (planning staff) said the TNDB overlay currently limits habitable floors and that removing that limit while setting a clear maximum height would make the overlay feasible for projects that intend ground‑floor commercial uses with upper‑floor housing. "There's really no incentive to utilize this district if it's going to be more restrictive as it relates to structure height than a residential building would," Pearson said.

The Development Review Committee reviewed the change on Sept. 25 and recommended it move forward. Commissioner Cozell moved and the commission approved the recommendation by roll call; the item will be forwarded to the Board of Supervisors for its Dec. 10 meeting.

If adopted by the Board, the change would not automatically rezone property: it would revise the overlay’s standards so future rezonings could use the TNDB framework where appropriate.