QUEEN ANNE'S COUNTY PLANNING COMMISSION MINUTES  April 11, 2024  The Queen Anne's County Planning Commission met on Thursday, April 11, 2024, at 8:45, A.M. The following members were present: Sharon Dobson, Tom Leigh,  Kathy Deoudes, Bill Sylvester, 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 Planner; Doug Summers, Development Review Planner; John Shelton, Clerk; and Sharon H. Brinster, Esquire. Chairman Dobson asked for a moment of silence in honor of the Commission's friend and attorney Chris Drummond who recently passed away. Amy Moredock said Chris was valuable to all of us and, on behalf of the entire staff, wanted to thank Chris personally and publicly for his guidance, mentorship, support, good cheer and friendship  over the decades, and added that he will be greatly missed.  1.Public Comment - None.  2. Meeting Minutes Review - Upon motion made by Commissioner Leigh, seconded by Commissioner Tilghman and passed by voice vote, the February 8, 2024, Planning  Commission Minutes were approved as presented.  3. Extension Requests- None.  4.UPDATES:  (A)Legislation and Legal Matters - Stephanie Jones, Long Range Principal (1) County Ordinance #24-01 Nonwater-Dependent Structures on Piers in the Chesapeake Bay Critical Area - the County Commissioners sent a Concept Approval to the Critical Area Commission who then approved the text amendment. The County Commissioners will be holding a public hearing. (2) County Ordinance #24-02 Camping Cooperative in Suburban Residential (SR) Zoning District-t the County Commissioners held a public hearing on March 12, 2024, approved on March 26, 2024, and will become effective on (3) County Ordinance #24-03 Pier Greater Than 150 Feet Requiring a Variance - the County Commissioners approved on March 26, 2024, will become effective May 11, 2024. The Commission added an amendment to allow for existing applications to continue as a Conditional Use and not have (4) County Ordinance #24-04 Cannabis Regulation -1 the County Commissioners held a public hearing on March 12, 2024 and approved that night as it was emergency legislation. It became effective on March 12, 2024.  Planner, provided the following updates:  May 11, 2024.  to go to a Variance.    (B) Miscellaneous: Staff Items = Amy Moredock, Planning and Zoning Director, (1) Accessory Dwelling Unit Task Force is wrapping up, and at the. April meeting, we will be assessing all the information and data gathered, and making recommendations that will then be crafted by Secretary of Planning Rebecca Flora who will convey those recommendations to the Governor. (2) Economic Development and Tourism Director Heather Tinelli organized a tour and panel discussion for the Secretary of Housing and Community Development Jake Day in Queen. Anne's County on March 26th. (3) Online Building Application Portal is expected to begin this summer starting with Building Permits, and then Licenses and Planning submittals. (4) Staff Vacancies = the Department is currently seeking to hire a Senior Long  provided the following updates:  Everything will be electronic eventually. Range Planner and a Zoning Inspector.  5.Major Site Plan-, Jones Farm Lane Solar, LLC(SP #23-10-0114)- Rob Gunter, Development Review Principal Planner, provided the highlights of the applicant's request for Major Site Plan approval to construct a 64-megawatt utility scale solar project on a on a 601.156-acre parcel, with a fenced solar array area of 319.35 acres, in  the Agricultural Zoning District on Jones Farm Lane, in Millington.  Commissioner Sylvester recused himself from participation in review of this Nick Leffner, P.E., Kimberly-Horn and Associates, described the traffic plan during construction, landscape planting, forest conservation, existing transmission lines, decommissioning plan, bonds and agreements, soil stabilization and planting under the solar panels, best management practices for soil and erosion control, and the State  project.  approval process with the Public Service Commission. heard, at which time no comments were received.  Chairman Dobson asked if there were members of the public who wished to be Upon review and further consideration, the following motion was made by Commissioner Tilghman, seconded by Commissioner Leigh, and passed by voice vote with Commissioners Tilghman, Leigh, Deoudes, Dobson in favor, and Commissioner  Sylvester recused.  RESOLVED, that the Planning Commission, regarding the request by Jones Farm Lane Solar, LLC for Major Site Plan approval to construct a 64-megawatt utility scale solar project on a on a 601.156-acre parcel, with a fenced solar array area of 319.35 acres, in the. Agricultural zoning district, and as more particularly described in Department of Planning & Zoning file SP# 23-10-0114, hereby finds the proposal: (1) does meet all requirements of Chapter 18, (2)  2    will not substantially increase traffic hazards or safety concerns due to traffic generated by the proposed use, the location or orientation of curb cuts, or the layout of internal circulation, (3) does contain a layout of buildings, parking, roads, and utilities that does not substantially increase fire, health, or other public safety hazards, (4) is adequately buffered and screened to minimize potential adverse impacts tor neighboring properties and public rights-of-way, (5) will not substantially increase stormwater drainage or pollution, (6) will not have an unreasonably adverse effect upon property values in the vicinity of the site, (7) will not adversely affect the public welfare and will provide for public safety through compliance with the State Fire Code and with any applicable County or municipal Fire Codes, (8) is compatible with the general character of the surrounding neighborhood, and (9) is consistent with the purpose, goals, and objectives of the 2022 Comprehensive Plan and hereby GRANTS Major Site 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 P&Z 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, 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) Per the Department of Environmental Health, until the project is decommissioned, ift there are any workers on-site for a period of four consecutive hours or longer there shall be a portable toilet and handwashing facility provided for use. These facilities shall be provided on-site for the duration of work being performed. The facilities shall be regularly serviced, and all waste disposed of off-site in accordance with applicable laws and regulations, and (7) Prior to final site plan signature, any remaining edits and/or documents required by a reviewing agency are reviewed and  approved.  The Planning Commission recessed for a break at 9:35 A.M. and reconvened at  9:45A.M.  3    6.Concept Plan = Bay Bridge Marina, LLP(SP #23-11-0116) - Rob Gunter, Development Review Principal Planner, provided the highlights oft the applicant's request for Concept Plan approval for the creation of a development with a mix of uses including 55,073 sq. ft. ofexisting commercial floor area, 28 residential duplex units and a3 32-room, 28,070 sq. ft. hotel, in the Airport Protection and Kent Island Gateway district  on Pier One Road, in Stevensville.  Alan Hyatt, Esq., Bay Bridge Marina, described the difference in intensity of this version of the project compared to the previous version. Additionally, he provided  details of the request for parking reduction.  Kevin Shearon, DMS and Associates, said they are seeking modified Concept Plan approval to allow them to seek water and sewer allocation, begin the Adequate Public Facilities Study and Site Plan process. He discussed meeting with the Parks Department, Fire Marshall, other agencies and, building height and FAA filings  discussions with the airport.  Walt Petrie, Bay Bridge Marina, detailed the management of, and access to, the 245 boat slips by transient boaters and the 28 residential unit owners who will have priority on a yearly basis. He added that the annual boat show on the property will probably end, but they will allow the Bay Bridge Run and Swim access to the property. Chairman Dobson asked if there were members of the public who wished to be Upon review and consideration, the following motion was made by Commissioner Tilghman, seconded by Commissioner Leigh, and passed by unanimous voice vote:  heard, at which time no comments were received.  RESOLVED, that the Planning Commission, regarding the request by Bay Bridge Marina, LLLP for a parking reduction of 56 parking spaces under the provisions of $18:1-83.A.(2), and as more particularly described in Department of Planning & Zoning file SP #23-11-0116, hereby finds: (1)the proposed parking scenario shown on the Concept Plan and described within the parking reduction request memo provided by Bay Bridge Marina LLLP, has demonstrated (a) there are a mix of uses that share parking spaces, and (b) the boat repair & maintenance building will generate less parking need than County parking standards require and hereby GRANTS the requested parking  reduction.  Upon further consideration, the following motion was made by Commissioner Tilghman, seconded by Commissioner Sylvester, and passed by unanimous voice vote:  4    RESOLVED, that the Planning Commission, regarding the request by Bay Bridge Marina, LLLP, for Concept Plan approval for the creation of a development with a mix of uses including 55,073 sq. ft. of existing commercial floor area, 28 residential duplex units and a 32-room, 28,070 sq. ft. hotel, and as more particularly described in Department of Planning & Zoning file SP #23-11-0116, hereby finds the Concept Plan is consistent with the goals and objectives of the Queen Anne's County Zoning & Subdivision Regulations and the 2022 Comprehensive Plan and hereby GRANTS Concept Plan approval subject to the following conditions: (1) Any remaining edits and/or documents required by the Department of Public Works, Planning & Zoning or any other reviewing agency be reviewed and approved, and (2) The architecture and overall site design must substantially reflect the documents provided.  7.Citizen Sponsored Text Amendments-  (A)County Ordinance #24-05 to repeal $18:1-12.B to allow for required open space to be placed on cluster lots created through cluster subdivision or planned Stephanie Jones, Long Range Principal Planner, described the text amendment Kevin Waterman described the purpose, application, and scope of the proposed Jennifer Williams, Government Affairs Director for BAAR, summarized the recently approved HB 538 to address housing shortages throughout the State and  residential development.  proposed by Kevin Waterman, Bay Area Association of Realtors (BAAR). amendment, and the need to address the housing crisis within the County.  urged the County to take action on the local level.  Chairman Dobson asked if there were members of the public who wished to (1) Annie Richards, Shore Rivers, spoke in opposition of the proposed amendment citing the benefit of larger spaces and residential access. (2) Jay Falstad, Queen Anne's Conservation Association, spoke in opposition to the proposed amendment citing the potential to create substantial problems. Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commissioner Tilghman, amended by Commissioner Leigh, seconded by Commissioner Tilghman and passed by unanimous  comment, at which time the following comments were received:  voice vote:  5    RESOLVED, that the Planning Commission makes an UNFAVORABLE recommendation to the County Commissioner regarding Citizen Sponsored Text Amendment #24-05 Bay Area Association of Realtors clo Kevin Waterman: S 18:1-12. Permitted uses in open space. To repeal S 18:1-12.B to allow for required open space to be placed on cluster lots created through cluster subdivision or planned residential development. The Planning Commission finds the proposed text amendment to be inconsistent with the 2022 Comprehensive Plan and the Zoning Code and cites: (1) Article II of Chapter 18:1 includes the purpose statement for Chapter 18:1. The purpose statement includes preserving open space as new development occurs. Fragmenting open space would not be consistent with this, (2) open space is included in the district purpose statements across multiple zoning districts as follows: (a) providing functional open space and required public facilities as part as a unified development, (b) to ensure resource protection and preservation, and (c) single-family cluster with significant and moderate open spaces, (3) this specific open space provision has existed in the County Code since 1994, but even in the 1987 Code, the intention was to not place open space on lots that were intended for residential use, and (4) open space is viewed as a method of conservation in the County. Within the Comprehensive Plan, the acres of open space are included ini the total acres of preservation within  the County.  (B)County Ordinance #24-06 to repeal residential density and bulk standards to potentially allow for greater density in the NC District. This includes repealing NC-8, NC-15, and NC-20 standards for minimum site area and minimum lot area for planned residential development, minimum lot area for a large-lot subdivision, Stephanie Jones, Long Range Principal Planner, described the text amendment Kevin described the purpose, application, and scope of the proposed  and lot area for a single-family cluster subdivision.  proposed by Kevin Waterman, Bay Area Association of Realtors (BAAR).  amendment.  Chairman Dobson asked if there were members of the public who wished to be (1) Jay Falstad, Queen Anne's Conservation Association, spoke in opposition to  heard, at which time the following comments were received:  the proposed amendment citing bullet #5 in the staff report.  6    Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commission Deoudes, and passed by unanimous  voice vote:  RESOLVED, that the Planning Commission makes an UNFAVORABLE recommendation to the County Commissioner regarding Citizen Sponsored Text Amendment #24-06 Bay Area Association of Realtors clo Kevin Waterman: S 18:1-19.E Neighborhood Conservation (NC) District dimensional and bulk requirements and S 18:1- 36 Planned residential development standards. To repeal residential density and bulk standards to potentially allow for greater density in the NC District. This includes repealing NC-8, NC-15, and NC-20 standards for minimum site area and minimum lot area for planned residential development, minimum lot area for a large-lot subdivision, and lot area for as single-family cluster subdivision, finding the proposed amendment inconsistent with the 2022 comprenensive Plan and the Zoning Code Open Space Standards and cites: (1) by removing the standards in their entirety, it is not entirely clear how the subdivision areas will be calculated, (2) all other districts in the County require these development standards, (3)NC District purpose in attachment that highlights preserving the character, density, and scale of existing neighborhoods, and (4) the 2022 Comprenensive Plan addresses the limited sewage  capacity at the KNSG WWTP.  (C)County Ordinance #24-07 to repeal the maximum residential density calculation Stephanie Jones, Long Range Principal Planner, described the text amendment Kevin described the purpose, application, and scope of the proposed  within the NC District to allow for greater density.  proposed by Kevin Waterman, Bay Area Association of Realtors (BAAR).  amendment.  Chairman Dobson asked if there were members of the public who wished to be (1) Jay Falstad, Queen Anne's Conservation Association, spoke in opposition to the proposed amendment citing inconsistencies with the Comprehensive  heard, at which time the following comments were received:  Plan.  7    Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commissioner Sylvester, and passed by unanimous  voice vote:  RESOLVED, that the Planning Commission makes an UNFAVORABLE recommendation to the County Commissioner regarding Citizen Sponsored Text Amendment #24-07 Bay Area Association of Realtors clo Kevin Waterman: S 18:1-19.D Neighborhood Conservation (NC) District residential density/intensity requirements. To repeal the maximum residential density calculation within the Neighborhood Conservation District to allow for greater density through subdivision, finding the proposed amendment inconsistent with the 2022 Comprehensive Plan and the Zoning Code Open Space Standards and cites: (1) the proposed amendment it is not clear how residential density would be calculated. Ifiti is applicable, is a calculation not required, or, due to the fact that it is entirely removed, can lots in the NC District even be subdivided, (2) the density standard indicates the number of potential lots that can be created. By removing it, there is potential for an endless number of lots to be created. Doing so in one zoning district would create inconsistency in the character and purpose among these districts, and (3) the existing standards are required to establish consistency within the existing residential neighborhoods of the NC District and allow for preserving the character, density, and scale of  existing neighborhoods.  8.F Public Comment - None.  There being no further business to come before the Planning Commission, the  meeting was adjourned at 12:33 P.M.  RESPECTFULLY SUBMITTED, Kathy Deoudes, Secretary hak  8