QUEEN ANNE'S COUNTY PLANNING COMMISSION MINUTES May 9, 2024 The Queen Anne's County Planning Commission met on Thursday, May 9, 2024, at 8:45A.M. The following members were present: Sharon Dobson, Tom Leigh, Jeff Reiss, Teddy Baker, Kathy Deoudes, and Ben Tilghman. Also present were Amy Moredock, Director Department of Planning and Zoning; Rob Gunter, Development Review Principal Planner; Stephanie Jones, Long Range Principal Planner; Steve Johnson, Development Review Senior Planner; Doug Summers, Development Review Planner; John Shelton, Clerk; and Sharon Brinster, Esquire. 1.Public Comment - No comments received 2. Meeting Minutes Review - Upon motion made by Commissioner Leigh, seconded by Commissioner Tilghman and passed by voice vote, the April 11, 2024 Planning Commission Minutes were approved with additions. 3.E Extension Requests - None. 4.UPDATES: Amy Moredock, Director of Planning & Zoning, provided the following updates: (A)Legislation and Legal Matters (1) County Ordinance #24-01 Nonwater-Dependent Structures on Piers in the Chesapeake Bay Critical Area: Went before the Critical Area Commission for review and recommendation. The County Commissioners will hold a Public Hearing on May 14, 2024. (2) County Ordinance #24-02 Camping Cooperative in Suburban Residential (SR) Zoning District: Adopted by the County Commissioners on March 26, 2024 and will become effective on May 11, 2024, and enacted on May 13, (3) County Ordinance #24-03 Pier Greater Than 150 Feet Requiring a Variance: Adopted by the County Commissioners on March 26, 2024 and will become effective on May 11, 2024, and enacted on May 13, 2024. (4) County Ordinance #24-09 Short Term Residential Rentals: Postponed to do more research on the draft language resulting from technical 2024. comments during the review process. B)Miscellaneous Staff Items (5) Maryland Smart Growth Forum: Attended by Amy Moredock, Rob Gunter and Stephanie Jones on May 2, 2024. (6) Economic Development Commission Tour: Showcased the economic development endeavors with the Secretary of Commerce and attended by (7) Accessory Dwelling Unit Task Force: Will be wrapping up in May and a final report will be issued and presented to the Governor's Office for (8) Staff vacancies: Will be re-advertising for a Senior Planner and concurrently a County Planner as an alternative option Steve Johnson. potential legislative updates. 5.Concept Plan Red Lion Solar- = Econox Renewables, Inc. (SP #23-09-0112) = Steve Johnson, Development Review Senior Planner, provided the highlights of the applicant's request for Concept Plan approval and a favorable recommendation to the Board of Appeals to construct a 2 MW (AC) solar array facility on a 10.06-acre lease area within a 121.11-acre parcel in the Agricultural zoning district on 121.11 acres of land on Red Lion Branch Road, outside of Millington. Steve Kerr, Econox Renewables, said they will be providing power to the Delmarva area and will be hiring a sheep grazer to maintain the vegetation. Kyle Mostik, ARM Group, addressed questions Trey Porter, Department of Public Works, regarding disconnection overlap by saying they responded by letter on April 29th and have revised the disconnection area and he does not foresee any layout revisions to the road or panels because it is in line with the MDE stormwater guidance. Chairman Dobson asked if there were members of the public who wished to Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commissioner Tilghman, and passed by unanimous comment, at which time no comments were received. voice vote: RESOLVED, that the Planning Commission, regarding the request by Econox Renewables, Inc. for Concept Plan approval to construct a 2 MW (AC) solar array facility on a 10.06-acre lease area within a 121.11-acre parcel in the Agricultural zoning district, and as more particularly described in Department of Planning & Zoning file SP# 23-09-0112, hereby finds: (1) The Concept Plan is consistent with the intent, goals and objectives of the Queen Anne's County Zoning & Subdivision Regulations and the 2022 Comprehensive Plan, (2) The Concept Plan is consistent with the purpose of the Utility Scale Solar Array District, (3) There are no known historical structures or archeologically significant resources on site, (4) Once construction is completed a vegetation maintenance subcontractor will visit the site to water, prune, inspect, and manage with sheep 2 utilized for grass and weed control, (5) The required 50' foot planted buffer is proposed to be installed outside the perimeter fence along the road frontage of the property, and (6) Water will be used via irrigation trucks to maintain the buffer for one year and submit monthly invoices to the County Zoning Department to document compliance, and hereby grants Concept Plan approval subject to the following conditions: (1) If by the time of construction, the panels proposed have changed from that provided on the plans, updated information must be submitted, (2) Applicant must notify The Department of Planning & Zoning when ownership of the solar array changes and the signage containing emergency contact information must be kept current, (3) Prior to Final Site Plan signature, the applicant shall provide the finalized forest conservation plan and executed long-term protection documents for recordation, (4) Prior to Final Site Plan signature, provide an automatically renewable decommissioning bond that is enforceable by the County, (5) Prior to final site plan signature, provide an automatically renewable landscape surety and maintenance agreement, (6) Provide documentation that connection to the public utility is approved, (7) Provide a finalized decommissioning plan that addresses all of the requirements provided in 18:1- 95.S.(5)(e), (8) Per the Department of Environmental Health, until the project is decommissioned, any owner, operator, or subcontractor performing work on the solar array site that lasts for a duration exceeding two (2) consecutive hours shall provide portable hand sanitizing and toilet facilities. These facilities shall be provided on-site for the duration of the work being performed and shall be utilized by all workers and/or site visitors during that time. The facilities shall be regularly serviced (monthly minimum) and all waste shall be disposed of properly off-site in accordance with applicable laws and regulations, (9). As a condition of permit approval, the applicant must adhere to the watering requirements outlined int the approved landscape plan. If the applicant chooses a water truck over on-site irrigation, they shall submit paid invoices to the Zoning Department monthly for the watering of the landscape buffer plants during the initial year after planting, (10) Any outstanding comments stemming from agency reviews are addressed during Board of Appeals submittal. Upon further review the following motion was made by Commissioner Leigh, seconded by Commissioner Reiss, and passed by unanimous voice vote: 3 RESOLVED, that the Planning Commission, regarding the request by Econox Renewables, Inc. for Conditional Use approval to construct a 2 MW (AC) solar array facility on a 10.06-acre lease area within a 121.11-acre parcel in the Agricultural zoning district, and as more particularly described in Planning & Zoning file SP# 23-09-0112, hereby forwards a favorable recommendation to the Board of Appeals under Sections 18:1-14.C.(25), 18:1-38.1, and 18:1- 95.S. 6.Public Comment - None. There being no further business to come before the Planning Commission, the meeting was adjourned at 9:16: A.M. RESPECTFULLYS SUBMITTED, S Katry