QUEEN ANNE'S COUNTY PLANNING COMMISSION MINUTES  February 8, 2024  The Queen Anne's County Planning Commission met on Thursday, February 8, 2024, at 8:45. A.M. The following members were present: Sharon Dobson, Tom Leigh, Jeff Reiss, Teddy Baker, Kathy Deoudes, Bill Sylvester, and Ben Tilghman.  Also present were Amy Moredock, Director Department of Planning and Zoning; Stephanie Jones, Long Range Principal Planner; Steve Johnson, County Planner; Doug Summers, Associate Planner; John Shelton, Clerk; Christopher F. Drummond, Esquire;  and Sharon H. Brinster, Esquire. 1.Public Comment-  (A)Ann Queller, Centreville, spoke in opposition to the Mid Shore Regional Solid (B)Theresa Earhardt, Centreville, spoke in opposition to the Mid Shore Regional 2. Election of Officers - Upon motion made by Commissioner Sylvester, seconded by Commissioner Tilghman, and passed by unanimous voice vote, the following officers  Waste site location Solid Waste site location.  were elected:  Chairman - Commissioner Dobson Vice Chairman = Commissioner Leigh Secretary - Commissioner Deoudes Clerk - John Shelton  3. Meeting Minutes Review Upon motion made by Commissioner Leigh, seconded by Commissioner Reiss and passed by voice vote, the December 14, 2023 Planning  Commission Minutes were approved as presented.  4.E Extension Requests- None.  5.UPDATES:  (A)Legislation and Legal Matters - Christopher Drummond, Planning Commission Attorney, described the request by staff for the Planning Commission to initiate and send a favorable recommendation to the County Commissioners regarding Text Amendment #24-04 to amend the existing provisions in Chapter 18 for medical cannabis licensed grower, processor, and dispensary to no longer be exclusive to medical cannabis. Mr. Drummond said the amendments are necessary in light of recent State legislation and upcoming bills before the legislature. Stephanie Jones, Long Range Principal Planner, described the licensing process for dispensaries, growers, and processors.    Upon review the following motion was made by Commissioner Deoudes, seconded by Commissioner Sylvester, amended by Commissioner Deoudes, seconded by Commissioner Tilghman, and passed by unanimous voice vote: RESOLVED, that the Planning Commission hereby initiates and sends a favorable recommendation to the Queen Anne's County Commissioners for adoption of Text Amendment #24-04 Cannabis Regulation $18App-1 Definitions, $18:1- 95U. Medical cannabis: grower, processor, and dispensary, $18-1-13 General district regulations, $18:1-14 Agricultural (AG) District, $18:1-21 Suburban Commercial (SC) District, $18:1-22 Urban Commercial (UC) District, $18:1-23 Suburban Industrial (SI) District, $18:1-24 Light Industrial Highway Service (LIHS) District, $18:1-35 Suburban Industrial Business Employment (SIBE) District, and $18:1- 35.1 Grasonville Gateway and Medical Center (GGMC) District, to amend the existing provisions for medical cannabis licensed grower, processor, and dispensary to no longer be exclusive to medical cannabis to essentially allow adult-use cannabis licensed growers, processors, and dispensaries in a manner consistent with current medical cannabis provisions and to prohibit on-site consumption establishments in all zoning districts within the County and provide definitions for cannabis, cannabis concentrate, cannabis infused product, cannabis licensed grower, cannabis product, cannabis licensed dispensary, cannabis licensed processor, and on-site cannabis consumption  establishment.  B)MiIscellaneous  (1) Chairman Dobson expressed the condolences of the Commission to the family of (2). Amy Moredock informed the Commission that Senior Planner Rob Tracey recently took a position with a neighboring county and the Department will be  Tom Davis and called a brief recess. advertising to fill the vacancy.  6.Major Subdivision SUB #23-05-0378 - Placek's Place - Land Bridge, LLC.- Doug Summers, Associate Planner, presented the highlights of the applicant's request for Final Major Subdivision approval to create ten (10) new residential lots on 7.834 acres of land (after administrative subdivision), located West of Romancoke Road and  South ofVictoria Drive and Stafford Road, in Stevensville.  Joseph Stevens, Esq., on behalf of the applicant, stated that there is an appeal still pending but we can proceed based on the Circuit Court ruling that there is access to  the property via Victoria Drive.  2    Jared Byard, Lane Engineering, described the stormwater management plan to Mark Keeley, Traffic Concepts, described the parameters and results of the traffic study. He stated that they completed an Adequate Public Facilities Study although it  control water quantity and quality.  was not required.  Chairman Dobson asked if there were members of the public who wished to be (A)Grace Smarko, Lutheran Church, spoke in favor of the project describing the 20- year interaction between the church and the Bay City Homeowner's Association (HOA) regarding the sale of the property to the HOA. (B)Bruce Oar, Lacrosse Homes, spoke in favor saying the project will help the local economy as all local employees and local trades will be used. (C)David Blitzer, Bay City HOA, said droves of residents have shown up in opposition and the Commission should not render a decision with the access (D)Jay Sullivan, Bay City, spoke in opposition stating the access to the property goes across a private road and they can'tj just take our property. (E)Judith Hurt, Bay City, spoke in support of the project stating that it is only 10 (F)Mary Ralston, Bay City, spoke in opposition of the project citing existing (G)Keith Hutchins, Bay City, spoke in opposition of the project citing existing Upon review and further consideration, the following motion was made by Commissioner Deoudes, seconded by Commissioner Baker, amended by Commissioner Deoudes, seconded by Commissioner Sylvester, and passed by  heard, at which time the following comments were received:  question still in litigation.  homes, and she did not have issues with traffic.  stormwater runoff problems. stormwater runoff and flooding issues.  unanimous voice vote:  RESOLVED, that the Planning Commission, regarding the request by Land Bridge, LLC for a proposed subdivision identified as Placek's Place, to administratively transfer 1.165 acres from Tax Map 56 Parcel 300 to Parcel 38 and to create ten (10) new residential lots utilizing the large-lot subdivision technique on 7.834 acres of land (after administrative subdivision) located West of Romancoke Road and South of Victoria Drive and Stafford Road, in Stevensville, and as more particularly described in Department of Planning & Zoning file #23-05-0378, hereby finds: (1) the subdivision is consistent with the goals and objectives of the Queen Anne's County Zoning & Subdivision Regulations and the 2022 Comprehensive Plan, (2) the proposed project site is zoned NC-20 and per $18:1-19B(7),  3    large-lot subdivision is a permitted use, (3) the project proposes to revise the property line between Parcel 38 and Parcel 300 with Parcel 300 transferring 1.165 acres to Parcel 38 resulting in a total site area for the subdivision on Parcel 38 of7.834 acres, (4) the proposed subdivision would take access via Victoria Drive which, as indicated in an April 6, 2016 letter from Mr. Todd Mohn, stated that if parcel 38 were to acquire sufficient additional property adjacent to the Victoria Drive right-of-way, access could be permitted via Victoria Drive. Although an appeal of the Circuit Court decision has been noted, it has not been adjudicated and the Commission is relying on the Circuit Court's ruling that Victoria Drive does extend to the property line. The administrative subdivision satisfies this requirement., and (5) the large-lot subdivision proposes a total of ten (10) new residential lots, while Parcel 38 could support a maximum of 17 dwelling units, and hereby GRANTS approval with the following conditions: (1) any remaining edits and/or documents required by a reviewing agency be reviewed and approved with the final subdivision review, (2) any required legal documents must be approved, signed, and recorded, (3) any required bonds, sureties, review and inspection fees must be submitted to the Departments of Public Works and Planning & Zoning as appropriate, (4) the existing septic system on Parcel 300 must be abandoned according to the Department of Environmental Health standards, (5) the existing well on Parcel 300 must be abandoned and sealed by a licensed well driller and a well abandonment report my be submitted to the Department of Environmental Health prior to final signatures, and (6) all required signatures must  be obtained.  Prior to resolution, Chairman Dobson excused herself from the meeting at 10:03  A.M. and returned at 10:12 A.M.  7.Major Site Plan SP #23-05-0105 - Kent Island Crossing = Reliable Real Estate Services, LLC. - Steve Johnson, County Planner presented the highlights of the applicant's request for Major Site Plan approval to construct an approximately 147,337 square foot commercial development to include four (4) restaurants, office space, retail space, a grocery store, and an 88-unit senior independent living facility on 14.506 acres  of land on Piney Creek Road, in Chester. history of proposals for the site.  Joseph Stevens, Esq., on behalf of the applicant, provided a brief overview of the  4    Kevin Shearon, DMS & Associates, described the site, growth allocation, wetlands, vehicle, and pedestrian access. Brandon Davis, DMS & Associates, described the stormwater management plan including bio-retention swales, on-site  water treatment and water quality and quantity control.  Mark Keeley, Traffic Concepts, said there have been 20 years of traffic studies for this property. He provided details of traffic improvements to be made and stated that there is one outstanding comment by State Highway Administration that is being  resolved.  Chairman Dobson asked if there were members of the public who wished to be  heard, at which time the following comments were received: (A)Lian Shandy, Kent Island, expressed opposition due to traffic. (B)Christopher Hopkins, Kent Island, expressed opposition due to traffic and (C)Jody Schulz, Chester, spoke in support as a resident and said KIVFD has met with and will receive financial donation from the developer, and they are looking (D)Mark Keeley, Traffic Concepts, clarified that the outstanding comment from State Highway is simply a form that needs to be submitted, there are no technical traffic study impacts, and no changes will be made. (E)Amy Moredock, Director, stated that the State Highway conditions must be met before signature, and if any of the Plat sheets change after approval the applicant will have to come back before the Commission. (F) Valerie Hirsch, Gibson's Grant, spoke in favor of the project citing the need for a grocery store on this side of Route 50, assisted living will increase property values, and stated that she wants the traffic light. (G)Richard Baker, State Highway Administration, said the traffic signal would be a 'intersection control beacon" until the volume increases to a level of need for full Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commissioner Sylvester, and passed by unanimous  standing water.  forward to the traffic signal.  signal.  voice vote:  RESOLVED, that the Planning Commission, regarding the request by Reliable Real Estate Services, LLC, for Major Site Plan approval for the creation of an approximately 147,337 sq. ft. commercial development that will include four (4) restaurants, office space, retail space, a grocery store, and an 88-unit senior independent living facility and as more particularly described in Department of Planning & Zoning file SP: #23-05-0105, hereby finds the Major Site Plan: (1) Does meet all requirements of Chapter 18, (2) Will not substantially increase traffic hazards or safety concerns due  5    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 to 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, (9) Is consistent with the purpose, goals, and objectives of the 2022 Comprehensive Plan, (10) The project site is located within the Town Center (TC) zoning district, (11) Both parcels, 8 and 374, have existing structures located on them. All existing structures are proposed to be removed, (12) The proposed project is in the Chester/Stevensvlle Growth Area, (13) The property is within Queen Anne's County's designated Enterprise Zone (an area where commercial development, redevelopment, and job creation are eligible to receive tax credits), (14) AIITC zoning district non-residential development standards have been met, (15) The project will be served by public water and sewer,, (16) Stormwater management has been reviewed and approved by the Department of Public Works (DPW); In addition to typical stormwater management testing on a triennial basis, the applicant will be required to provide enhanced stormwater management testing to address condition #8 of the County Commissioner Critical Area Growth Allocation approval and the site shall be tested for effectiveness regularly and in accordance with testing methods approved by the County Department of Public Works with consultation with the Maryland Department of Environment, (17) Lighting that is proposed on-site and will meet the exterior light standards found in $18:1-85,, (18) There is a perennial stream located on-site; no disturbance to the stream or its associated buffer is proposed, (19) There is a 300ft shore buffer located on- site; no disturbance is proposed, (20) There are 1.3 acres of woodlands located on-site; All this woodland is located within the critical area portion of the site, and no disturbance is proposed, and hereby GRANTS Major Site Plan approval subject to the following conditions: (1) Any remaining edits and/or documents required by the Department of Public    Works, Planning & Zoning must be reviewed and approved prior to obtaining final site plan signatures, (2) Any remaining edits and/or documents required by the Maryland Department of Transportation State Highway Administration must addressed and approved prior to obtaining final site plan signatures, (3) In addition to typical stormwater management testing, the applicant is required to provide enhanced stormwater management testing to address condition #8 of the County Commissioner Critical Area Growth Allocation approval. The testing methods shall be approved by the Queen Anne's County Department of Public Works with consultation from the Maryland Department of Environment prior to obtaining final site plan signatures, (4) Any payment or donation to the County required to address conditions of the Growth Allocation approval, shall be provided prior to obtaining final site plan signatures, (5). Any required legal documents must be approved, signed, and recorded prior to obtaining final site plan signatures, (6). All required bonds, sureties, review and inspection fees must be submitted to the Department of Public Works and the Department of Planning and Zoning as appropriate, (7) The architecture, and overall site design must substantially reflect the documents provided except for the architectural renderings that are outside of the building envelope, such as, the additional crosswalk painted for Piney Creek Road. Any changes to either will require Planning Commission approval, (8) The administrative subdivision must be approved and recorded prior to final site plan signatures.  The Planning Commission took a short break at 11:10 A.M. and reconvened at  11:22 A.M.  8.Concept Plan SP #23-06-0106 = Cedar Lane Solar Farm, LLC. - Steve Johnson, CountyPlanner, provided the highlights of the applicant's request for Concept Plan approval and a favorable recommendation to the Board of Appeals for construction ofa 1.744 MW (AC) solar array on a 15-acre lease area within a 165.028-acre parcel in the  Agricultural zoning district on Cedar Lane, in Church Hill.  Kurt Karsten, project owner, stated that the project LLC will be sold to Soltage and they will be the long term asset owner. A discussion ensued regarding watering  plants using a pivot VS. using water trucks.  Nate Hoxter, Lane Engineering, described the use of drought tolerant native plant  species.  7    Mr. Karsten added that they are in the Community Solar Energy Pilot Program through the Maryland Public Service Commission that serves low- and moderate-  income subscribers. of the request.  Commissioner Sylvester recused himself from the discussion and consideration Chairman Dobson asked if there were members of the public who wished to be heard, at which time Pia Jones, Church Hill, stated that she came to the meeting opposed and looking for end user information, but now feels it is a good spot for solar  because you can'treally see it.  Upon review and consideration, the following motion was made by Commissioner Deoudes, was seconded by Commissioner Baker, and passed by voice vote with Commissioners Leigh, Deoudes, Baker and Tilghman in favor, Commissioner Sylvester  abstaining, and Commissioner Reiss opposed:  RESOLVED, that the Planning Commission, regarding the request by Cedar Lane Solar Farm, LLC for Concept Plan approval to construct a 1.744 MW (AC) solar array on a 15- acre lease area within a 165.028-acre parcel in the Agricultural zoning district, and as more particularly described in Department of Planning & Zoning file SP# 23-06-0106, 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, 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) the 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 must provide the finalized forest conservation plan and executed long-term protection documents, (4) Prior to final site plan signature, the applicant must provide an automatically renewable decommissioning bond that is enforceable by the County, (5) Prior to final site plan signature, the applicant must provide an automatically renewable landscape surety and maintenance agreement, (6) The applicant must provide documentation that connection to the public utility is approved, (7) The applicant must provide a finalized decommissioning plan that  8    addresses all of the requirements provided in 18:1- 95.S.(5)(e), and (8) Any outstanding comments stemming from agency reviews must be addressed during Board of  Appeals submittal.  Upon further review and consideration, the following motion was made by Commissioner Deoudes, was seconded by Commissioner Tilghman, and passed by voice vote with Commissioners Leigh, Deoudes, Baker and Tilghman in favor, Commissioner Sylvester abstaining, and Commissioner Reiss opposed:  RESOLVED, that the Planning Commission, regarding the request by Cedar Lane Solar Farm, LLC for Concept Plan approval to construct a 1.744 MW (AC) solar array on a 15- acre lease area within a 165.028-acre parcel in the Agricultural zoning district, and as more particularly described in Department of Planning & Zoning file SP# 23-06-0106, 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.  The Planning Commission recessed for a short break at 12:00 P.M. and reconvened at 12:08 P.M. Commissioner Deoudes did not return to the meeting. (A) Public Hearing: TACO #24-01- - Non-water Dependent Structures on Piers Stephanie Jones, Long Range Principal Planner, presented the highlights ofi the proposed text amendment to permit nonwater-dependent structures on piers on State or private wetlands by meeting specific standards and adding a definition for nonwater- dependent project and pier to Chapter 14:1. Amy Moredock, Director, said there has been a negative impact to several landowners and the Code is not allowing our  9.Text Amendments  ctzens/andowners to meet the State Regulations.  Chairman Dobson opened the Public Hearing, at which time no comments were Upon review and further consideration, the following motion was made by Commissioner Sylvester, seconded by Commissioner Tilghman, and passed by  received. The Public Hearing was closed at 12:25 P.M.  unanimous voice vote:  RESOLVED, for the Comprehensive Zoning Code Update, that the Planning Commission makes a FAVORABLE recommendation to the County Commissioner regarding TACO #24-01 to add provisions to allow for nonwater- dependent structures on State or private wetlands within the Critical Area while meeting specific standards and to add a definition for nonwaterdependent projects and piers. As  9    well, in order to provide consistency between Chapter 14:1 and Chapter 18:1 pier standards, the proposed definition of nonwater-dependent project needs to indicate that S 18:1- 44.C is not applicable finding the proposed amendment is consistent with the Queen Anne's County 2022 Comprehensive Plan, S 8-1800 of the Maryland Natural Resources Article, and the Queen Anne's County  Chesapeake Bay Critical Area Act.  (B) TACO#24-02. - Camping Cooperative- - Amy Moredock, Director, presented the highlights of the proposed amendment to amend the permitted uses in the Suburban Residential (SR) Zoning District to include camping cooperatives establishing minimum  site area, minimum setbacks, and define a camping cooperative.  Chairman Dobson asked if there were members of the public who wished to be heard, at which time Robert Beitz, Beach Harbor, thanked department staff for their efforts and said this is a major step moving forward into compliance.  Upon review and further consideration, the following motion was made by Commissioner Tilghman, seconded by Commissioner Leigh, and passed by unanimous  voice vote:  RESOLVED, that for the Comprehensive Zoning Code Update, the Planning Commission makes a FAVORABLE recommendation to the Queen Anne's County Commissioners regarding TACO #24-02 to update $18:1- 18.B(1), $18:1-18.E(/0)4, and $18:1-18.E()0,5) by adding camping cooperative as a permitted use and adding bulk standards to include minimum site area and setbacks in the Suburban Residential (SR) Zoning District and to update $18App-1 by adding a definition of camping cooperative, and hereby finds the amendment to be consistent with the Queen Anne's County 2022 Comprehensive Plan, $5-803 of the Maryland Environment Article, and the Queen Anne's County Floodplain Management Code.  (C) TACO#24-03-1 Piers - Amy Moredock, Director, and Stephanie Jones, Long Range Principal Planner, provided the highlights of the proposed amendment to $18:1- 41 to amend the accessory pier use to require a variance rather than a conditional use by the Board of Appeals in order to construct a pier at a length greater than 150 feet, as  measured from the mean high water line.  Chairman Dobson asked if there were members of the public who wished to be  heard, at which time the following comments were received:  10    (1) Jennifer Williams, Bay Area Association of Realtors suggested the 150-foot limit be eliminated to make the process less costly and efficient for homeowner as the Army Corps of Engineers already reviews. (2) Kevin Waterman, Bay Area Association of Realtors Legislation and Public Policy, said there have been 20 years of 100 percent granting of piers to 150 feet sO this is simply regularizing the de facto situation. (3) Jay Falstad, Queen Annes Conservation Association, suggested that if the Planning Commission is recommending to remove the 150-foot limit then they should look at Barnegat Bay, New Jersey as an example of relying on the United States Army Corps of Engineers to limit pier length. As well he mentioned that the waters of the state are owned by everyone, notj just private  landowners.  Upon review and further consideration, the following motion was made by Commissioner Leigh, seconded by Commissioner Reiss, and passed by unanimous  voice vote:  Resolved, that for the Comprehensive Zoning Code Update, the Planning Commission makes a FAVORABLE recommendation to the County Commissioners regarding TACO #24-03 to amend provisions for applicants seeking a pier length greater than 150 feet to require a variance rather than a conditional use approval from the Board of Appeals finding the proposed amendment is consistent with the Queen Anne's County 2022 Comprenensive Plan, The Maryland Land Use Article, and the Queen Anne's County Zoning And Subdivision Regulations, (Article VI, Accessory Uses, And S 18:1-121, Limitations With Respect TOA  Variance).  10. Public Comment- - None.  There being no further business to come before the Planning Commission, the  meeting was adjourned at 12:52 P.M.  RESPECTFULLY SUBMITTED, Kathy Deoudes, Secretary hks  11