1 00:00:09,665 --> 00:00:12,205 To order the Queen Annes County Planning Commission 2 00:00:12,785 --> 00:00:15,085 for Thursday, June 11th, 2026. 3 00:00:15,225 --> 00:00:16,925 And we'll start with the Pledge of Allegiance. 4 00:00:19,965 --> 00:00:21,765 I pledge allegiance to the flag 5 00:00:21,905 --> 00:00:23,685 of the United States of America 6 00:00:24,625 --> 00:00:26,485 to the Republic for which it stands. 7 00:00:27,305 --> 00:00:30,965 One nation under God, indivisible, liberty, 8 00:00:31,145 --> 00:00:32,365 and justice for all. 9 00:00:42,635 --> 00:00:44,165 Okay. Public comment 10 00:00:47,335 --> 00:00:48,365 there being none. 11 00:00:48,425 --> 00:00:50,365 You have anything? No. Okay. 12 00:00:51,195 --> 00:00:56,135 Updates, legislation and legal matters. Amy and Stephanie. 13 00:01:05,755 --> 00:01:07,975 All right, Good morning. Good 14 00:01:07,975 --> 00:01:08,735 Morning. Morning. So 15 00:01:08,735 --> 00:01:10,055 I have quite a few updates for you 16 00:01:10,055 --> 00:01:12,255 regarding text amendments that you've seen yourself. 17 00:01:12,495 --> 00:01:14,455 Stephanie Jones, long range principle planner, sorry, 18 00:01:15,205 --> 00:01:17,375 text amendments that you've seen in the last two months. 19 00:01:17,435 --> 00:01:19,215 So it might take a bit, but we'll get through it. 20 00:01:20,355 --> 00:01:23,815 The commissioners this past Tuesday did have many 21 00:01:23,815 --> 00:01:26,495 of those on there for actions. 22 00:01:26,875 --> 00:01:29,255 So 26 0 4, which was to add boat sales 23 00:01:29,255 --> 00:01:32,575 and repair to Mars to the list of uses 24 00:01:32,575 --> 00:01:35,455 that could occupy more than 65,000 square feet 25 00:01:36,035 --> 00:01:37,335 in the airport protection. 26 00:01:37,335 --> 00:01:40,535 Ken Island Gateway District, they did approve that 27 00:01:40,555 --> 00:01:44,935 and that will become effective July 25th also as well. 28 00:01:45,235 --> 00:01:48,215 And these next two as well were approved 29 00:01:48,235 --> 00:01:49,255 and will become effective. 30 00:01:49,315 --> 00:01:52,095 The same date as I just mentioned, 26 0 7, 31 00:01:52,095 --> 00:01:55,055 which was specific to the WVC, which was 32 00:01:55,055 --> 00:01:59,695 to increase the floor area ratio to 40% that was approved. 33 00:01:59,995 --> 00:02:04,575 And then also 26 0 8, also in the wfe WVC, 34 00:02:04,665 --> 00:02:07,935 which was to allow commercial apartments essentially to move 35 00:02:07,935 --> 00:02:10,615 that commercial apartment onto any other same floor 36 00:02:11,435 --> 00:02:14,455 was adopted and then will become effective on July 25th. 37 00:02:14,875 --> 00:02:16,695 So those were three that were voted on. 38 00:02:17,205 --> 00:02:19,495 Also 20 citizen sponsored text amendments. 39 00:02:19,495 --> 00:02:22,535 And then 26 12, which was the update to forest conservation, 40 00:02:23,215 --> 00:02:24,655 the commissioners did approve that. 41 00:02:24,805 --> 00:02:26,615 They also did approve it with an amendment. 42 00:02:27,375 --> 00:02:30,975 That amendment was to address, essentially 43 00:02:30,975 --> 00:02:34,415 to address solar projects that were to come in 44 00:02:34,635 --> 00:02:37,335 and essentially might be located on forested properties. 45 00:02:37,935 --> 00:02:40,375 That amendment specifically what it says is 46 00:02:40,375 --> 00:02:43,815 for properties larger than 25 acres that have 50%, 47 00:02:43,815 --> 00:02:45,215 that are 50% forested 48 00:02:45,555 --> 00:02:48,815 and include priority areas are not allowed 49 00:02:48,815 --> 00:02:51,495 to clear more than 20% of the, of the forest. 50 00:02:52,115 --> 00:02:54,615 All the A forestation is to be accomplished onsite 51 00:02:54,615 --> 00:02:57,015 or offsite fee and lie will not be accepted. 52 00:02:57,355 --> 00:02:59,245 And then a higher a forestation rate, 53 00:02:59,565 --> 00:03:01,085 which will be one and a half to one. 54 00:03:01,705 --> 00:03:03,445 So that was the amendment. Sorry, 55 00:03:03,685 --> 00:03:07,285 Stephanie, what's the, you said other proposals in there 56 00:03:07,285 --> 00:03:08,605 somewhere in mid-sentence, what 57 00:03:10,225 --> 00:03:11,845 Was it regarding what they can 58 00:03:11,845 --> 00:03:13,845 or their conditions or, yeah, 59 00:03:13,845 --> 00:03:16,445 You said there was other, there was a vague term in 60 00:03:16,445 --> 00:03:17,805 there. Sorry. 61 00:03:18,715 --> 00:03:21,805 From priority properties larger than 25 priority areas. 62 00:03:21,805 --> 00:03:23,365 What? What? Oh, priority areas. Okay. 63 00:03:23,365 --> 00:03:25,765 So those are listed in the code essentially. 64 00:03:25,765 --> 00:03:29,205 Those are some environmental, they include areas 65 00:03:29,275 --> 00:03:31,405 that might be your endangered species areas. 66 00:03:31,715 --> 00:03:35,525 Okay. Areas that kind of already, 67 00:03:35,765 --> 00:03:37,845 I designated forested interior dwelling birds. 68 00:03:38,385 --> 00:03:40,565 So if there's two or more of those on the property, 69 00:03:40,755 --> 00:03:43,605 then this would be subject as long as it's over 25 acres 70 00:03:44,565 --> 00:03:45,885 and 50% forested. 71 00:03:45,885 --> 00:03:48,405 Thanks. So essentially this is to assist with 72 00:03:48,405 --> 00:03:50,885 what would be those properties that might be solar. 73 00:03:50,955 --> 00:03:55,645 Correct. And have forested lands that is, 74 00:03:56,425 --> 00:04:00,245 was adopted and it will beco become effective July one as 75 00:04:00,245 --> 00:04:03,885 that's the date of the effective for forest conservation. 76 00:04:04,785 --> 00:04:07,685 The commissioners, that was the legislative actions 77 00:04:08,875 --> 00:04:11,165 that were approved on Tuesday night. 78 00:04:11,165 --> 00:04:13,765 There were two that will be sent back to you. 79 00:04:14,035 --> 00:04:16,805 This was the 26 0 9 and 26 10. 80 00:04:17,235 --> 00:04:19,565 This was the non-contiguous 81 00:04:19,565 --> 00:04:24,165 and TDR administrative subdivision specific to open space. 82 00:04:24,845 --> 00:04:26,405 The commissioners proposed an amendment 83 00:04:26,865 --> 00:04:29,685 and that essentially is to prohibit those uses 84 00:04:29,685 --> 00:04:32,885 that are non-agricultural on those properties 85 00:04:32,885 --> 00:04:34,845 that would come in and basically have an 86 00:04:35,045 --> 00:04:36,645 approved lot line adjustment. 87 00:04:36,945 --> 00:04:39,645 And those uses are specific to minor extractions, 88 00:04:39,645 --> 00:04:42,765 public recreation, shooting clubs, and outdoor recreation. 89 00:04:43,265 --> 00:04:44,285 So those are uses 90 00:04:44,285 --> 00:04:46,125 that are permitted in open space at this time. 91 00:04:46,385 --> 00:04:49,725 But if a property owner was to have a lot line adjustment 92 00:04:50,245 --> 00:04:52,645 approved, if this amendment is to go forward, 93 00:04:54,275 --> 00:04:56,365 then it would be, they would not be able 94 00:04:56,365 --> 00:04:59,365 to do those uses on those, those that open space property. 95 00:05:00,165 --> 00:05:02,005 So it'll come back to you for your July meeting 96 00:05:02,905 --> 00:05:05,045 for a recommendation back to the county commissioners. 97 00:05:06,945 --> 00:05:10,565 And then two more, there'll be a public hearing, 98 00:05:10,745 --> 00:05:14,725 two public hearings on June 30th, and that is for 26 0 6. 99 00:05:14,785 --> 00:05:18,365 And that's the suburban commercial of impervious up to 80% 100 00:05:18,505 --> 00:05:21,125 for your commercial and industrial uses. 101 00:05:21,125 --> 00:05:23,245 That exists as, as of December 31st. 102 00:05:23,825 --> 00:05:28,365 And then 26 0 5, which is the gas station tax amendment 103 00:05:28,505 --> 00:05:29,645 to change the measurement 104 00:05:29,825 --> 00:05:31,245 and where the measurement is taken. 105 00:05:31,635 --> 00:05:34,285 That public hearing will also be on June 30th. 106 00:05:35,275 --> 00:05:39,045 That meeting is a week following the, the normal date 107 00:05:39,405 --> 00:05:40,845 because the committee, they've moved that meeting 108 00:05:40,845 --> 00:05:43,325 because of the primary election, which was 109 00:05:43,325 --> 00:05:44,885 to take place on that same day. 110 00:05:45,075 --> 00:05:49,405 Sure. One other thing, I wanted to address these, that's all 111 00:05:49,405 --> 00:05:50,405 for text amendments, 112 00:05:50,825 --> 00:05:55,125 but we did talk a little bit last time about bills 113 00:05:55,125 --> 00:05:59,005 that were passed, essentially this past session. 114 00:05:59,625 --> 00:06:01,005 One, I wanted to bring up that 115 00:06:01,865 --> 00:06:03,685 and kind of clarify a little bit, is the one 116 00:06:03,685 --> 00:06:05,085 that was specific to the comp plan. 117 00:06:05,345 --> 00:06:07,405 We did have some questions over what really 118 00:06:07,405 --> 00:06:09,405 that meant for the comp plan. 119 00:06:10,325 --> 00:06:11,685 I kind of wanna take a step backwards 120 00:06:11,745 --> 00:06:15,565 to the 25 general session. 121 00:06:15,875 --> 00:06:17,045 General assembly session. 122 00:06:17,175 --> 00:06:22,125 There was a bill passed essentially that changed the outline 123 00:06:22,125 --> 00:06:25,125 of a comp plan from 12 visions to eight principles. 124 00:06:25,625 --> 00:06:28,485 And those principles are land, transportation, 125 00:06:28,635 --> 00:06:32,165 housing economy, equity, resilience, resilience 126 00:06:32,545 --> 00:06:34,725 and place in ecology. 127 00:06:35,225 --> 00:06:37,325 So the one question was specific to equity 128 00:06:37,385 --> 00:06:39,725 and what that kind of meant for the comp plan. 129 00:06:41,075 --> 00:06:44,445 That 25 bill basically identifies equity 130 00:06:44,545 --> 00:06:48,365 as engage all sectors of the community in plan development 131 00:06:48,385 --> 00:06:50,765 to ensure diverse voices are heard 132 00:06:50,765 --> 00:06:52,365 and that needs of undeserved, 133 00:06:52,835 --> 00:06:55,485 underserved populations are prioritized. 134 00:06:55,985 --> 00:06:59,285 So then in this past 26 session, they kind of went on 135 00:06:59,285 --> 00:07:01,445 and elaborated on what had 136 00:07:01,445 --> 00:07:03,685 to be put into the comprehensive plan, specific 137 00:07:04,065 --> 00:07:05,365 to all of those principles. 138 00:07:06,005 --> 00:07:09,925 And then specific to the equity portion, 139 00:07:10,475 --> 00:07:15,045 what it says is that the needs of overburdened 140 00:07:15,045 --> 00:07:17,605 and underserved communities need to be addressed as well 141 00:07:17,605 --> 00:07:19,685 as interest of populations in the county 142 00:07:19,685 --> 00:07:20,845 that typically have not 143 00:07:21,205 --> 00:07:22,845 participated in the planning process. 144 00:07:22,945 --> 00:07:25,365 So they want to try to have more people essentially 145 00:07:25,885 --> 00:07:27,005 kind of involved in the process. 146 00:07:28,305 --> 00:07:31,685 The equity element also shall include report, 147 00:07:32,175 --> 00:07:34,205 shall include information from the report 148 00:07:34,465 --> 00:07:36,205 of the Commission on Environmental Justice 149 00:07:36,305 --> 00:07:38,325 and Sustainable Communities, which is a report 150 00:07:38,325 --> 00:07:42,605 that's completed every year through MDE as well. 151 00:07:44,085 --> 00:07:46,485 MDP, Maryland Department of Planning is required 152 00:07:46,505 --> 00:07:50,525 to provide information to the county, which we kind 153 00:07:50,525 --> 00:07:52,765 of already go out and grab the information that's needed. 154 00:07:53,145 --> 00:07:55,205 But this is them kind of saying we have 155 00:07:55,205 --> 00:07:56,805 to provide you with that information. 156 00:07:57,345 --> 00:08:00,045 And then there's also a portion that indicates 157 00:08:00,155 --> 00:08:02,085 what the element may include. 158 00:08:02,385 --> 00:08:04,005 So those are essentially aren't a, 159 00:08:04,005 --> 00:08:05,765 that's not a shall statement, it's a may, 160 00:08:06,065 --> 00:08:09,525 but that includes promote a broader civic engagement in the 161 00:08:09,525 --> 00:08:13,485 public decision making process, address health risk 162 00:08:13,505 --> 00:08:15,405 and environmental problems in overburden 163 00:08:15,405 --> 00:08:18,205 and underserved communities and prioritize improvements 164 00:08:18,225 --> 00:08:20,765 and programs that address the needs of overburdened 165 00:08:20,765 --> 00:08:21,965 and underserved communities. 166 00:08:21,985 --> 00:08:26,525 So this past bill really what it says, this is 167 00:08:26,525 --> 00:08:28,165 what we have to do, and then a portion 168 00:08:28,185 --> 00:08:29,965 of this is kind of a may statement. 169 00:08:30,065 --> 00:08:32,365 So that's kind of where the equity portion is. 170 00:08:33,385 --> 00:08:35,845 If you have any other questions, I can answer them now. 171 00:08:38,435 --> 00:08:40,885 What, what if any impact does 172 00:08:40,885 --> 00:08:43,445 that have in in the comprehensive plan that we've already, 173 00:08:44,105 --> 00:08:45,605 The one that's been completed, formulated 174 00:08:45,785 --> 00:08:48,525 And, and So we don't have to go in 175 00:08:48,525 --> 00:08:50,405 and change our comp plan right now. 176 00:08:50,505 --> 00:08:53,325 We would have to address it with the next comp plan next. 177 00:08:53,325 --> 00:08:54,805 Okay. Yep. Wanna make 178 00:08:54,805 --> 00:08:56,725 Sure within the next comp plan or bef 179 00:08:56,785 --> 00:08:59,165 or at the next comp plan at the next, when, 180 00:08:59,165 --> 00:09:00,405 when we do the next Okay. 181 00:09:00,555 --> 00:09:03,205 Comp plan. Yep. Thanks. Thank you. 182 00:09:04,215 --> 00:09:07,105 Just like 10 years out, no less than that. It's 183 00:09:07,105 --> 00:09:08,105 Closer than you think. 184 00:09:08,645 --> 00:09:11,225 It was approved in 22, so come on. 185 00:09:12,105 --> 00:09:17,065 I I, I, I know. I'm sorry. I'm sorry. 186 00:09:17,245 --> 00:09:21,825 And it's like it was a year ago. Yeah, right. Exactly. 187 00:09:22,055 --> 00:09:23,545 Yeah. Yep. 188 00:09:24,205 --> 00:09:25,385 So I have lighter updates. 189 00:09:25,985 --> 00:09:29,265 I wanna let you know about some of the initiatives 190 00:09:29,265 --> 00:09:30,705 that staff is involved in. 191 00:09:31,125 --> 00:09:33,545 One is I've been really excited about, 192 00:09:33,845 --> 00:09:37,545 and it's pertinent to our update 193 00:09:37,545 --> 00:09:39,145 to the forest conservation plan. 194 00:09:39,775 --> 00:09:43,065 Just to let you know that we have traditionally collected 195 00:09:43,125 --> 00:09:45,465 fee in lieu for forest conservation, 196 00:09:45,465 --> 00:09:48,345 but it's very difficult to find projects where we can spend 197 00:09:48,345 --> 00:09:50,345 that fee in lie money 198 00:09:50,345 --> 00:09:53,265 because it has to be on public land. So what 199 00:09:53,265 --> 00:09:54,265 Are you doing with it? 200 00:09:54,365 --> 00:09:55,665 So here's what we're doing with it. 201 00:09:56,765 --> 00:10:00,705 We have collaborated with the town of Centerville. 202 00:10:01,095 --> 00:10:05,505 Mike Whitehill is, was working with the YMCA 203 00:10:06,325 --> 00:10:10,665 on the, their and their buffer enhancement plan. 204 00:10:10,665 --> 00:10:14,905 That was a part of their site plan update and approval. 205 00:10:16,085 --> 00:10:17,865 We have collaborated with them 206 00:10:18,565 --> 00:10:23,305 to utilize our forest conservation funding to create 207 00:10:24,505 --> 00:10:28,265 a, a forested area on the YMCA property, 208 00:10:28,275 --> 00:10:29,785 which is public property. 209 00:10:31,285 --> 00:10:34,305 And at the same time we're working with the Department 210 00:10:34,305 --> 00:10:35,305 of Parks and Rec 211 00:10:35,325 --> 00:10:40,265 and DPW to implement a trail system 212 00:10:40,895 --> 00:10:43,585 that will run through county properties. 213 00:10:44,185 --> 00:10:47,905 Certainly we're going to start with the YMCA property within 214 00:10:47,975 --> 00:10:49,065 that forested area, 215 00:10:49,905 --> 00:10:54,265 but as a part of that project, we're going to expand that 216 00:10:55,615 --> 00:10:59,905 walking trail to include all of the county properties 217 00:10:59,925 --> 00:11:01,265 and the Board of ed property. 218 00:11:01,725 --> 00:11:06,305 And while the annexation project has been approved, 219 00:11:06,765 --> 00:11:11,185 and as that project comes to fruition, being mindful 220 00:11:11,405 --> 00:11:15,345 of connectivity between that new development 221 00:11:16,085 --> 00:11:17,585 and hopefully connecting 222 00:11:17,585 --> 00:11:21,585 with the town's Millstream Trail Mill Street Trail. 223 00:11:22,205 --> 00:11:25,865 So that is a project that Rob Gunter 224 00:11:25,925 --> 00:11:28,145 and Doug Summers have been managing 225 00:11:29,085 --> 00:11:30,985 and then expanding that management 226 00:11:31,045 --> 00:11:33,185 to include other agencies when 227 00:11:33,805 --> 00:11:35,985 the trail system was added to the project. 228 00:11:36,365 --> 00:11:39,305 So that is one of the best case scenarios 229 00:11:39,565 --> 00:11:44,025 for implementing our forest conservation fee and lie dollars 230 00:11:44,025 --> 00:11:46,665 because it really will serve the, the community. 231 00:11:46,885 --> 00:11:50,985 So I don't know when we're going to start that. 232 00:11:52,045 --> 00:11:56,565 We are going To attempt to have trees in the ground 233 00:11:57,705 --> 00:11:59,765 before or by December. 234 00:12:01,315 --> 00:12:04,085 They gotta get at least the base of the trail in. 235 00:12:04,745 --> 00:12:07,725 So that trail work doesn't destroy trees 236 00:12:07,725 --> 00:12:08,765 that we just put in the ground 237 00:12:08,765 --> 00:12:10,005 and then we have to replant them. 238 00:12:11,675 --> 00:12:14,805 That timeline's pretty tight, but we're 239 00:12:14,805 --> 00:12:15,805 Moving forward. 240 00:12:15,805 --> 00:12:16,045 Who's doing the construction 241 00:12:18,015 --> 00:12:19,285 Parks is gonna hire somebody out? 242 00:12:19,305 --> 00:12:20,365 I'm not sure. Okay. 243 00:12:20,385 --> 00:12:21,605 No, but they're managing that, 244 00:12:21,675 --> 00:12:22,965 that portion of the project. They 245 00:12:22,965 --> 00:12:24,125 Better get started pretty quick. 246 00:12:24,915 --> 00:12:26,485 Yeah, they're gonna put it out. 247 00:12:26,795 --> 00:12:28,005 It's been a very fast turnaround. 248 00:12:28,405 --> 00:12:29,845 Barrel's doing a great job. 249 00:12:30,805 --> 00:12:33,205 I appreciate the help that parks has given us, 250 00:12:33,925 --> 00:12:35,685 but it's, it's a very tight timeline. 251 00:12:36,115 --> 00:12:39,485 Good. So, excuse me, 252 00:12:40,385 --> 00:12:42,485 Are these trails going through neighboring farms? 253 00:12:43,625 --> 00:12:47,285 No. Okay. Yeah, they're all on public land. Okay. Yeah. 254 00:12:47,345 --> 00:12:51,645 Thanks. Now, once, once the Ann, once the 255 00:12:52,535 --> 00:12:56,205 Providence farm development occurs, it will connect 256 00:12:56,755 --> 00:12:58,285 with private lands, 257 00:12:58,305 --> 00:13:02,765 but that should be within the area that has been zoned t 258 00:13:02,765 --> 00:13:04,125 and d traditional neighborhood. 259 00:13:04,435 --> 00:13:07,965 Yeah. That should be within the town's residential 260 00:13:07,965 --> 00:13:09,045 and commercial district. 261 00:13:09,385 --> 00:13:13,915 Got it. A couple of other, we're, 262 00:13:14,005 --> 00:13:15,635 we're sitting on a lot of task forces, 263 00:13:16,575 --> 00:13:18,275 so I thought I'd let you know about them. 264 00:13:18,995 --> 00:13:22,115 We're currently participating in the Marlin Farm Dominion 265 00:13:22,265 --> 00:13:26,715 Task Force, which is working on the project that 266 00:13:27,325 --> 00:13:31,555 water and wastewater is managing to bring Marlin Farm 267 00:13:31,575 --> 00:13:33,675 and Dominion into the wastewater, 268 00:13:34,815 --> 00:13:36,795 the comprehensive water and sewer plan. 269 00:13:37,145 --> 00:13:41,555 That amendment was just approved to re-designate 270 00:13:42,135 --> 00:13:45,195 the Marlin Farm Dominion area to future service 271 00:13:45,935 --> 00:13:50,115 as we're looking to take those parcels 272 00:13:50,115 --> 00:13:52,275 with failing septic systems offline 273 00:13:52,895 --> 00:13:57,515 and bring them into the county's sewer system. 274 00:13:58,215 --> 00:14:00,475 So that task force continues to meet, 275 00:14:00,475 --> 00:14:04,395 to evaluate that project. We're also, is there 276 00:14:04,435 --> 00:14:05,435 A timeline on that? 277 00:14:12,095 --> 00:14:15,715 It is. It is happening now. 278 00:14:15,875 --> 00:14:18,155 I mean, just because they're looking to, well, 279 00:14:18,155 --> 00:14:19,155 They're meeting now. 280 00:14:19,155 --> 00:14:21,555 They're meeting now, but they're also taking definitive 281 00:14:21,555 --> 00:14:25,675 action by amending the wastewater, the water 282 00:14:25,695 --> 00:14:26,795 and sewer plan. 283 00:14:27,535 --> 00:14:31,235 So the feasibility study is 284 00:14:31,385 --> 00:14:32,795 what will be the next step. 285 00:14:33,095 --> 00:14:35,515 So it will be not fast tracked, 286 00:14:35,575 --> 00:14:38,395 but cont a priority project moving forward. 287 00:14:39,055 --> 00:14:42,075 So should be happening 288 00:14:43,655 --> 00:14:45,475 pretty expeditiously. 289 00:14:45,895 --> 00:14:48,195 Amy, is that already built into our sewer allocation 290 00:14:48,225 --> 00:14:49,635 that we have capacity? 291 00:14:49,815 --> 00:14:54,045 It is hooking up failing septic systems in 292 00:14:54,725 --> 00:14:56,485 Southern Kent Island and Dominion 293 00:14:57,985 --> 00:15:02,245 and Marlin Farm has long been identified in the plan 294 00:15:02,385 --> 00:15:05,045 and also in the sewer allocation policy 295 00:15:05,095 --> 00:15:06,805 where all the allocations are outlined. 296 00:15:07,615 --> 00:15:10,485 Which treatment plant will take that effluent? 297 00:15:10,675 --> 00:15:14,005 It's the, the Kent Island wastewater treatment plant. 298 00:15:14,005 --> 00:15:17,525 Okay. Down Route eight. That down Route eight up, yes. 299 00:15:18,325 --> 00:15:20,925 Terrapin Park. Yeah. By the high school. 300 00:15:21,865 --> 00:15:23,565 That's the only wastewater treatment plant 301 00:15:23,565 --> 00:15:24,805 that the county Okay. 302 00:15:25,125 --> 00:15:28,205 Operates. Yeah. That's our growth area. Yep. 303 00:15:28,475 --> 00:15:31,205 Like, and one more thing, Amy, do you, do we know, 304 00:15:31,305 --> 00:15:35,045 do you know if that's to be constructed in similar fashion 305 00:15:35,065 --> 00:15:37,365 to the Southern can island extension with the step 306 00:15:38,285 --> 00:15:40,605 septic tank effluent pumping rather 307 00:15:40,605 --> 00:15:42,165 than a dedicated hard line? Do we know? 308 00:15:42,405 --> 00:15:44,125 I think that is what is being discussed 309 00:15:44,125 --> 00:15:45,125 Still being on. 310 00:15:45,125 --> 00:15:46,205 Okay, fantastic. Thank you. 311 00:15:47,265 --> 00:15:48,845 And in, in the same vein, 312 00:15:49,435 --> 00:15:51,885 I'll update you on the moratorium task force, 313 00:15:52,925 --> 00:15:55,285 which does continue to meet as a part 314 00:15:55,385 --> 00:15:58,805 of the county commissioner's resolution to 315 00:15:59,525 --> 00:16:02,445 evaluate the comp, the comprehensive water and sewer plan, 316 00:16:02,445 --> 00:16:05,685 but specifically the sewer allocation policy. 317 00:16:07,115 --> 00:16:11,805 Looking at how the county is going to designate the 318 00:16:12,605 --> 00:16:15,685 rerated flow of 300,000 gallons 319 00:16:15,915 --> 00:16:19,365 that is still currently being discussed. 320 00:16:19,385 --> 00:16:24,125 It is complicated and the task force is 321 00:16:24,125 --> 00:16:27,165 working hard to put the commissioners in the best possible 322 00:16:27,445 --> 00:16:29,885 position to make sure that there's equity 323 00:16:30,105 --> 00:16:34,445 and that those allocation pots are very clearly 324 00:16:35,085 --> 00:16:37,685 identified and that the process to apply for 325 00:16:38,575 --> 00:16:43,085 especially residential projects is just clearly 326 00:16:44,085 --> 00:16:47,605 identified and in a way that will maximize 327 00:16:48,835 --> 00:16:52,245 what is left of our capacity for the best projects. 328 00:16:53,485 --> 00:16:55,845 Additionally, there's one last task force 329 00:16:56,485 --> 00:16:59,325 that is being managed by the Department of Public Works, 330 00:16:59,465 --> 00:17:02,805 and that is the MIDSHORE three task force, which is 331 00:17:03,625 --> 00:17:07,885 the Queen Annes County Landfill. 332 00:17:09,165 --> 00:17:10,685 Talbot County has taken its turn, 333 00:17:11,365 --> 00:17:13,045 Caroline County has taken its turn 334 00:17:13,065 --> 00:17:14,685 and has extended its commitment 335 00:17:15,385 --> 00:17:18,125 and Queen Annes County is next. 336 00:17:18,265 --> 00:17:20,485 And then Kent County is the last 337 00:17:21,145 --> 00:17:24,485 in our MIDSHORE three re in our Midshore region. 338 00:17:26,275 --> 00:17:30,725 That task force is looking at the current site 339 00:17:30,945 --> 00:17:34,925 and potential alternate sites for 340 00:17:36,265 --> 00:17:40,885 the landfill in Queen Annes County. 341 00:17:41,425 --> 00:17:45,765 So they're talking about moving it from considering Okay, 342 00:17:45,765 --> 00:17:47,325 there's been, there was a lot of concern 343 00:17:47,325 --> 00:17:48,565 that should make a lot of people happy. 344 00:17:49,745 --> 00:17:51,725 And then a new neighborhood that's, I'm happy 345 00:17:52,075 --> 00:17:53,725 Depends on where plan B is. 346 00:17:56,465 --> 00:17:58,085 Pardon? Data center moratorium. 347 00:17:58,505 --> 00:18:00,645 Oh, I forgot about the Mor Moratorium. Yeah. 348 00:18:01,395 --> 00:18:03,085 There's also another moratorium 349 00:18:03,275 --> 00:18:05,765 that the county commissioners enacted 350 00:18:05,765 --> 00:18:08,285 and that is the data center moratorium 351 00:18:09,905 --> 00:18:14,365 to give staff a year to investigate 352 00:18:14,825 --> 00:18:18,365 and draft a text, a text amendment 353 00:18:18,465 --> 00:18:21,565 to address more data center development. 354 00:18:21,815 --> 00:18:24,045 Staff had already been working on this, 355 00:18:24,265 --> 00:18:28,205 but it is a, a very pressing planning issue. 356 00:18:28,825 --> 00:18:33,045 So we'll be working on that proposal 357 00:18:33,145 --> 00:18:34,765 and bringing it forward. 358 00:18:35,355 --> 00:18:39,455 Currently we are not preempted in terms 359 00:18:39,475 --> 00:18:40,895 of the sighting of data centers. 360 00:18:41,675 --> 00:18:43,655 So there's a great fear 361 00:18:43,845 --> 00:18:47,295 that the data centers may be cited in 362 00:18:48,275 --> 00:18:49,855 our agricultural district. 363 00:18:50,835 --> 00:18:54,655 And as of right now, clearly they're not permitted 364 00:18:54,915 --> 00:18:59,015 and there is not a preemptive process to cite a data center 365 00:18:59,635 --> 00:19:02,895 in our agricultural zoning district right now. 366 00:19:03,795 --> 00:19:06,175 We would consider them materially similar 367 00:19:06,515 --> 00:19:07,895 to warehousing uses, 368 00:19:07,905 --> 00:19:10,935 which would be permitted in our industrial areas. 369 00:19:12,395 --> 00:19:16,655 And that development would be limited to 65,000 square feet. 370 00:19:16,915 --> 00:19:20,335 So that is how our code currently addresses a data center. 371 00:19:20,955 --> 00:19:25,695 But having a materially similar use isn't as strong 372 00:19:25,715 --> 00:19:27,295 as a strong a position 373 00:19:27,355 --> 00:19:30,455 as having a very specific standard for a data center. 374 00:19:31,195 --> 00:19:33,775 So we have never had an application to date. 375 00:19:34,275 --> 00:19:35,855 If we did have an application, 376 00:19:36,595 --> 00:19:38,575 the standard I just cited would be the 377 00:19:38,775 --> 00:19:39,895 standard that would apply. 378 00:19:41,115 --> 00:19:44,695 Are we aware of anybody that's pondering submission? 379 00:19:45,055 --> 00:19:46,335 I, I haven't heard anything 380 00:19:46,685 --> 00:19:47,685 Unaware. 381 00:19:47,685 --> 00:19:50,015 Okay. We haven't been contacted, yeah. Yet. 382 00:19:51,355 --> 00:19:53,415 But it's good to get ahead of these things. Yes, it is. 383 00:19:53,555 --> 00:19:55,455 Be proactive rather than reactive. 384 00:19:55,875 --> 00:19:57,895 And the preemptive piece that you spoke about 385 00:19:57,895 --> 00:19:59,015 that's analogous to the solar 386 00:19:59,015 --> 00:20:01,175 and that would go through the Public Service commission 387 00:20:02,845 --> 00:20:04,225 or what body would manage 388 00:20:04,225 --> 00:20:05,225 That? 389 00:20:05,225 --> 00:20:05,505 No, this is not a public utility. 390 00:20:05,695 --> 00:20:08,065 It's just, I think there is concern that 391 00:20:08,175 --> 00:20:12,825 because of so many uses that we have seen in recent years 392 00:20:13,315 --> 00:20:15,785 where the state has taken a preemptive approach. 393 00:20:17,705 --> 00:20:22,625 Cannabis is a good example, that isn't a utility like solar. 394 00:20:23,495 --> 00:20:26,945 That has been a concern in a lot of jurisdictions 395 00:20:27,295 --> 00:20:32,225 that if we don't get specific standards on the books, that 396 00:20:32,925 --> 00:20:34,585 we could be going in that direction at a, 397 00:20:34,605 --> 00:20:36,465 So that would be done legislatively motion likely Correct. 398 00:20:36,545 --> 00:20:38,105 At the state level. Gotcha. 399 00:20:40,605 --> 00:20:43,385 And the last item that I have for you is, 400 00:20:43,565 --> 00:20:45,105 we have a conflict this year 401 00:20:45,975 --> 00:20:49,685 with the August Planning Commission meeting. 402 00:20:50,145 --> 00:20:52,605 It coincides with the Summer 403 00:20:53,515 --> 00:20:55,525 MACO conference and over 404 00:20:55,795 --> 00:20:58,925 MACO is the acronym For, oh, Maryland Association 405 00:20:58,925 --> 00:20:59,925 of County Governments. 406 00:21:00,795 --> 00:21:03,005 There's a fall and winter conference every year. 407 00:21:04,035 --> 00:21:07,805 This year we, half of our, over half 408 00:21:07,805 --> 00:21:10,285 of our staff planning staff will be attending 409 00:21:10,785 --> 00:21:12,045 the Mako Conference. 410 00:21:12,625 --> 00:21:15,525 So we are going to cancel our August meeting 411 00:21:16,225 --> 00:21:20,005 and let any applicants know who may be getting close 412 00:21:20,105 --> 00:21:22,405 to their 25 day submittal that 413 00:21:23,265 --> 00:21:26,765 we have some July potential for agenda items, 414 00:21:27,305 --> 00:21:30,325 but that anyone who's queuing up will be placed on the 415 00:21:30,565 --> 00:21:31,765 September agenda. 416 00:21:33,305 --> 00:21:34,925 So we have a vacation in August. 417 00:21:37,595 --> 00:21:39,165 Okay. Anything else? That's 418 00:21:39,165 --> 00:21:40,165 Everything. 419 00:21:40,165 --> 00:21:43,805 Thanks. Any questions? Okay. 420 00:21:44,975 --> 00:21:47,045 Let's go to public hearings 421 00:21:48,995 --> 00:21:52,205 concept plan for the ER material. 422 00:21:52,205 --> 00:21:53,325 Don't forget the annual report. 423 00:21:55,225 --> 00:21:57,805 Oh, I'm sorry. She picked it up. 424 00:21:58,945 --> 00:22:02,325 Wanted to make sure the annual report going. Good. 425 00:22:12,435 --> 00:22:13,435 I'll be pleased. 426 00:22:14,035 --> 00:22:15,125 Good morning, Mary Ellen Gray. 427 00:22:15,125 --> 00:22:19,205 Senior Planner, as you know, at this time, every year the 428 00:22:19,925 --> 00:22:22,965 Maryland Department of Planning requires an annual report be 429 00:22:22,965 --> 00:22:27,725 submitted regarding our activities, the goal 430 00:22:28,035 --> 00:22:32,405 regarding annual development, permitting 431 00:22:32,405 --> 00:22:34,165 and planning related activities taking 432 00:22:34,165 --> 00:22:35,365 place in Queen S County. 433 00:22:36,825 --> 00:22:40,205 Before I talk about some salient data points 434 00:22:40,235 --> 00:22:44,245 that in this report, I wanna thank specifically Doug Summers 435 00:22:44,265 --> 00:22:46,725 who did a lot of the number crunching for this report, 436 00:22:47,305 --> 00:22:50,605 as well as a lot of staff across Queen Anne County, 437 00:22:51,425 --> 00:22:55,285 IT finance, department of Environment, mental Services, 438 00:22:55,615 --> 00:22:58,925 parks and Rec, public Works 439 00:22:59,605 --> 00:23:00,925 housing, economic tourism. 440 00:23:01,505 --> 00:23:04,045 And Jeff Frank also from finance, 441 00:23:05,125 --> 00:23:08,285 supplied some new information that was 442 00:23:09,145 --> 00:23:11,245 per a new reporting requirement this year 443 00:23:12,595 --> 00:23:14,885 regarding the reporting of impact fees. 444 00:23:15,475 --> 00:23:18,685 This is a new requirement that the county, 445 00:23:20,395 --> 00:23:24,885 that the, the state required the per 446 00:23:25,665 --> 00:23:29,365 our, our Our 447 00:23:29,705 --> 00:23:31,725 we to. 448 00:23:31,865 --> 00:23:34,885 We administer a program for the development of impact fees 449 00:23:35,105 --> 00:23:38,045 for essential public services, including schools, parks 450 00:23:38,045 --> 00:23:39,645 and recreation and fire protection. 451 00:23:39,905 --> 00:23:43,605 So as a result, we need to report how we, 452 00:23:44,225 --> 00:23:47,125 how much we collect and how we implement 453 00:23:47,145 --> 00:23:50,765 and the amount of fees 454 00:23:50,875 --> 00:23:52,765 that are implemented. 455 00:23:53,465 --> 00:23:56,605 So regarding impact fees, the total amount 456 00:23:56,605 --> 00:23:59,845 of impact fees collected from both, both residential and non 457 00:23:59,985 --> 00:24:01,085 and non-residential. 458 00:24:01,085 --> 00:24:03,165 And 2025 was 459 00:24:03,225 --> 00:24:07,285 $1,876,367 460 00:24:07,385 --> 00:24:08,325 and 7 cents. 461 00:24:09,185 --> 00:24:13,925 And of that 46% or $864,340 462 00:24:13,945 --> 00:24:17,005 and 14 cents was in the priority funding area. 463 00:24:18,305 --> 00:24:21,125 The bulk of the impact fees collected were for schools 464 00:24:21,655 --> 00:24:26,645 which totaled $1,531,101 and 75 cents. 465 00:24:27,585 --> 00:24:29,685 The schools utilized $2 million, 466 00:24:29,865 --> 00:24:33,925 167,290 90,000 467 00:24:34,025 --> 00:24:35,205 of impact fee funds. 468 00:24:35,305 --> 00:24:36,845 And the fire districts utilized 469 00:24:36,995 --> 00:24:40,885 four hundred forty thousand eight hundred seventy seven thousand and twenty 470 00:24:40,885 --> 00:24:41,445 25. 471 00:24:42,305 --> 00:24:46,405 Moving on to residential, 808 out 472 00:24:46,405 --> 00:24:47,405 of 160 units 473 00:24:47,545 --> 00:24:49,205 or 68% 474 00:24:49,305 --> 00:24:52,485 of the total residential units approved were located within 475 00:24:52,545 --> 00:24:53,685 the priority funding area. 476 00:24:55,225 --> 00:24:59,205 The number of a lots approved within the major subdivisions 477 00:24:59,285 --> 00:25:01,965 have been relatively consistent since 2022. 478 00:25:03,205 --> 00:25:06,485 A total of three hundred seventy three hundred and seventeen 479 00:25:06,555 --> 00:25:08,845 residential units were constructed within 480 00:25:09,795 --> 00:25:13,805 with 233 located within the priority funding area. 481 00:25:14,585 --> 00:25:17,685 And 84 outside of the priority funding area 482 00:25:18,425 --> 00:25:22,925 of these units within the PFA 109 units were located in 483 00:25:22,925 --> 00:25:24,205 age restricted community. 484 00:25:24,905 --> 00:25:26,085 Moving on to commercial, 485 00:25:26,815 --> 00:25:29,525 commercial growth data showed an increase in the number 486 00:25:29,525 --> 00:25:31,805 of approved, approved commercial sites, 487 00:25:32,515 --> 00:25:35,325 site plans over the past couple years from total 488 00:25:35,425 --> 00:25:40,045 of four in the calendar year, 2023 to six in 2024, 489 00:25:40,585 --> 00:25:42,285 and then eight in 2025. 490 00:25:42,755 --> 00:25:45,805 However, the gross building area constructed has remained 491 00:25:45,805 --> 00:25:47,805 fairly steady since 2024, 492 00:25:48,335 --> 00:25:51,845 which had 770,739 493 00:25:52,225 --> 00:25:54,965 to 67,739. 494 00:25:54,965 --> 00:25:57,965 2025. And finally I'll conclude 495 00:25:57,965 --> 00:26:01,245 with agricultural preservation as of 2025, 496 00:26:01,385 --> 00:26:06,085 the county has permanently preserved 92,630 acres of land 497 00:26:06,085 --> 00:26:07,205 through various programs. 498 00:26:09,505 --> 00:26:10,965 So the planning staff recommends 499 00:26:10,965 --> 00:26:13,045 that the Planning Commission approve this report 500 00:26:13,345 --> 00:26:17,325 and request that staff send the 2025 Quin Anns County annual 501 00:26:17,465 --> 00:26:19,765 report to the Maryland Department of Planning 502 00:26:19,825 --> 00:26:22,005 and file a copy with the county commissioners. 503 00:26:23,445 --> 00:26:26,405 I will ask if anybody has any questions. 504 00:26:28,505 --> 00:26:31,125 No, ma'am. You sure gave us a lot of numbers. There's 505 00:26:31,205 --> 00:26:32,205 A lot of data. 506 00:26:34,175 --> 00:26:35,605 Thank you Mary Ellen. You're 507 00:26:35,605 --> 00:26:37,245 welcome. Any questions, recommendations? 508 00:26:37,245 --> 00:26:38,325 Yeah, I do have one. How many 509 00:26:38,355 --> 00:26:40,205 lots are available in the county? Do you know 510 00:26:40,625 --> 00:26:41,625 How many lots are available? 511 00:26:41,695 --> 00:26:45,485 There is, there's some charts in the, in this report 512 00:26:47,965 --> 00:26:49,725 I have to give back to you on that. 513 00:26:49,805 --> 00:26:52,365 I think we have the, 514 00:26:52,365 --> 00:26:54,925 there was a development capacity analysis 515 00:26:56,105 --> 00:26:58,045 to look in the appendix here 516 00:26:59,735 --> 00:27:00,765 About Appendix five. 517 00:27:00,965 --> 00:27:03,365 Appendix five, thank you. Yeah. 518 00:27:05,995 --> 00:27:08,525 16,000 2 97. Thank you. 519 00:27:09,595 --> 00:27:10,805 16,000 lots. 520 00:27:11,305 --> 00:27:13,245 Number, number of potential lots. Yes. 521 00:27:13,425 --> 00:27:15,245 Lot 16,297 522 00:27:17,545 --> 00:27:18,645 of potential lots. 523 00:27:18,745 --> 00:27:20,445 The potential lots for development. 524 00:27:21,825 --> 00:27:23,045 That's fine. Okay, fine. 525 00:27:24,585 --> 00:27:26,845 Do we have any statistics that tell us 526 00:27:26,945 --> 00:27:30,725 how many acres came out of agriculture in any given year 527 00:27:31,275 --> 00:27:32,605 Came out of agriculture? 528 00:27:33,865 --> 00:27:35,125 Not specifically. 529 00:27:35,385 --> 00:27:38,405 We, I, we could do a a, an analysis that of 530 00:27:38,685 --> 00:27:43,325 that looking at agriculture and break that down. 531 00:27:43,665 --> 00:27:46,885 We, I don't have that broken broken, we don't have 532 00:27:46,885 --> 00:27:48,805 that broken down specifically, but certainly we, 533 00:27:48,955 --> 00:27:51,405 It's more of a philosophical question than anything else, 534 00:27:51,625 --> 00:27:55,005 but something I'd personally be interested in. Sure. 535 00:27:55,005 --> 00:27:57,445 We, I, we could work with GIS on that, on 536 00:27:57,445 --> 00:27:58,885 that, on that data point. Yeah. 537 00:27:59,015 --> 00:28:01,245 Thank you. You're welcome. Yes ma'am. 538 00:28:01,965 --> 00:28:04,165 I would, we can sort of bring 539 00:28:04,165 --> 00:28:07,645 that information if you look at the development tables Yeah. 540 00:28:07,905 --> 00:28:11,885 For priority funding area versus non-priority funding area. 541 00:28:12,155 --> 00:28:14,725 Yeah. If it's a non-priority funding area, 542 00:28:14,875 --> 00:28:15,965 it's likely that it's 543 00:28:15,965 --> 00:28:17,565 Likely in agriculture. Yeah, 544 00:28:17,635 --> 00:28:18,405 Fair point. Yeah. 545 00:28:18,595 --> 00:28:23,565 Okay. So the 16,000 lots on 546 00:28:23,565 --> 00:28:25,765 the back, that, that's not approved lots 547 00:28:26,065 --> 00:28:29,045 or is that, is that a calculated amount based on the farms 548 00:28:29,045 --> 00:28:33,165 seven acres per parcel if the maximum, I guess. 549 00:28:33,435 --> 00:28:35,405 Correct. These are, these are lots 550 00:28:35,405 --> 00:28:37,125 that are available for development, right? 551 00:28:37,195 --> 00:28:39,605 They are, they are approved. They are approved. And 552 00:28:39,655 --> 00:28:43,085 These are, these are pot, these No, these are potential, 553 00:28:43,095 --> 00:28:47,045 these are lots that on appendix five, these are lots 554 00:28:47,045 --> 00:28:49,005 that are available for development. 555 00:28:49,005 --> 00:28:50,965 They have not been approved for development. Do 556 00:28:50,965 --> 00:28:52,365 They have their SRAs already? 557 00:28:53,005 --> 00:28:55,725 I mean I assume how many of them are, are 558 00:28:56,585 --> 00:28:59,405 to Ben's point on agricultural land farmland? 559 00:29:00,025 --> 00:29:02,885 So Them are in the pfas. 560 00:29:03,475 --> 00:29:07,325 Okay. So we looking at this chart, so they, 561 00:29:07,585 --> 00:29:10,245 we do have a broken down on which ones are pfas. 562 00:29:10,325 --> 00:29:15,165 I don't have that total. We don't have a broken down. 563 00:29:16,325 --> 00:29:17,805 I would have to total that out. 564 00:29:17,815 --> 00:29:20,365 Which, how many lots are in pfas? 565 00:29:20,385 --> 00:29:24,445 Let, let's look, look at the, hold on, on 566 00:29:25,425 --> 00:29:26,605 the chart. 567 00:29:29,315 --> 00:29:32,365 Okay, on page five, 568 00:29:37,385 --> 00:29:41,725 within pfas we have residential zoned acres with capacity. 569 00:29:42,385 --> 00:29:47,045 We have in, in the PFA 730 lots 570 00:29:47,465 --> 00:29:50,525 and residential parcel and lots with capacity. 571 00:29:52,765 --> 00:29:57,345 And in the PFA 545 inside 572 00:29:57,345 --> 00:29:58,425 and outside the PFA, 573 00:30:03,205 --> 00:30:05,345 oh, I'm getting a assistance from Stephanie. 574 00:30:05,395 --> 00:30:06,705 Sorry, because she has, she has more, 575 00:30:08,625 --> 00:30:10,145 I just wanna add a detail experience with that. 576 00:30:10,145 --> 00:30:12,865 Yeah, yeah. Detail about the development capacity analysis. 577 00:30:12,865 --> 00:30:17,345 Yeah. So this is analysis that is run by GIS by any means. 578 00:30:17,345 --> 00:30:18,705 It's not survey grade. 579 00:30:19,125 --> 00:30:22,505 It doesn't look in the details of, you know exactly 580 00:30:22,675 --> 00:30:23,865 where wetlands are. 581 00:30:24,085 --> 00:30:27,025 So it's not taking a fair point survey grade 582 00:30:27,025 --> 00:30:29,785 of the entire county in addressing 583 00:30:29,785 --> 00:30:31,105 how many lots can be created. 584 00:30:31,765 --> 00:30:35,025 So it's the best available technology 585 00:30:35,025 --> 00:30:39,025 that the GIS department has to understand potentially 586 00:30:39,045 --> 00:30:40,665 how many lots could be available 587 00:30:41,365 --> 00:30:42,585 to the best of their ability. 588 00:30:43,165 --> 00:30:45,505 So really it's not the number of lots 589 00:30:45,505 --> 00:30:46,825 that have been created, right. 590 00:30:47,055 --> 00:30:48,625 It's potential. Right. 591 00:30:48,685 --> 00:30:52,385 But definitely not to anything that has been done looked at 592 00:30:53,125 --> 00:30:54,185 for a subdivision. 593 00:30:54,925 --> 00:30:56,585 So let's add that 594 00:30:56,925 --> 00:30:57,925 Detail, right? 595 00:30:58,055 --> 00:31:01,865 Yeah, it's a, it's a development capacity, right? 596 00:31:01,865 --> 00:31:04,625 It's, it's what could potentially be, yeah, 597 00:31:05,245 --> 00:31:06,905 But By all means is the timeframe. 598 00:31:07,225 --> 00:31:09,145 I mean certainly so capacity would limit 599 00:31:09,455 --> 00:31:10,455 Development. 600 00:31:10,455 --> 00:31:12,585 So those things, things like that aren't looked at 601 00:31:12,615 --> 00:31:15,745 because I mean those things can't be baked into the 602 00:31:15,785 --> 00:31:16,825 GIS analysis. 603 00:31:16,825 --> 00:31:19,625 Right. And I think there's an explanation in here that says, 604 00:31:19,845 --> 00:31:21,785 you know, this is the best of ability 605 00:31:22,135 --> 00:31:23,745 that analysis could be done. 606 00:31:24,495 --> 00:31:27,185 It's not by any means exact, 607 00:31:27,855 --> 00:31:29,945 Well, I guess the concern I would voice is 608 00:31:29,945 --> 00:31:33,745 that you show 16,000, you know lots And for people 609 00:31:33,745 --> 00:31:35,105 that don't wanna see a great deal 610 00:31:35,105 --> 00:31:38,025 of growth at one point in time, that's a scary number. 611 00:31:38,285 --> 00:31:39,825 Yes. I, I realize that 612 00:31:39,965 --> 00:31:41,865 And without a qualifier to say 613 00:31:42,405 --> 00:31:44,665 no this isn't coming online next week. 614 00:31:45,075 --> 00:31:47,385 Right. No, and it's not. They're not Right. 615 00:31:47,785 --> 00:31:49,345 Proposals haven't been received. It's not 616 00:31:49,345 --> 00:31:51,745 that we've taken those applications 617 00:31:51,805 --> 00:31:54,745 or anything, it's just an analysis that has been run. 618 00:31:56,325 --> 00:31:59,065 The JIS, they're required to do it every three years. 619 00:31:59,885 --> 00:32:02,305 That's what's required of the annual report. 620 00:32:02,965 --> 00:32:05,785 So it's a number that has to be run at that point 621 00:32:06,365 --> 00:32:08,585 In the 2010 comp plan, 622 00:32:08,945 --> 00:32:13,145 I think there was a development capacity analysis run with 623 00:32:13,415 --> 00:32:14,905 that comp plan 624 00:32:15,285 --> 00:32:19,825 and then we tried to use the same as much as we could get 625 00:32:19,825 --> 00:32:22,265 as close as we could get that same analysis. 626 00:32:22,335 --> 00:32:24,385 Yeah. That they had used in 2010. 10. What was the number 627 00:32:24,385 --> 00:32:24,825 Back then? Do 628 00:32:24,825 --> 00:32:25,825 You know? 629 00:32:25,825 --> 00:32:27,905 I don't know. I do not have it on. Okay. 630 00:32:28,325 --> 00:32:31,105 But I can look it up. You just did. Okay. 631 00:32:32,765 --> 00:32:35,065 So the reason I asked the question was 632 00:32:35,065 --> 00:32:36,705 because according to your numbers, 633 00:32:37,805 --> 00:32:39,500 and I'm gonna oversimplify this 634 00:32:39,500 --> 00:32:41,525 and then, you know, hopefully you'll understand that, 635 00:32:41,985 --> 00:32:45,365 but your lots constructed are outpacing your 636 00:32:45,435 --> 00:32:46,845 lots approved by about 70. 637 00:32:47,695 --> 00:32:50,885 Right? So at some point on a over simplistic view, 638 00:32:51,735 --> 00:32:53,205 those two numbers are gonna converge 639 00:32:53,205 --> 00:32:56,605 where there's no lots available, that'll never happen 640 00:32:57,405 --> 00:32:59,765 because the market will change the value lot. 641 00:32:59,825 --> 00:33:03,085 The value of the lots will go up exponentially if need be. 642 00:33:03,545 --> 00:33:06,685 And, and there'll be more lots that come online. 643 00:33:07,625 --> 00:33:10,085 But the reason I ask this, I just read an article 644 00:33:10,465 --> 00:33:12,485 and I say the other day, I'm saying it use 645 00:33:12,485 --> 00:33:16,005 that term loosely, that the average home price in this 646 00:33:16,005 --> 00:33:18,285 county is like over half a million dollars. 647 00:33:18,385 --> 00:33:21,325 Now, now I dunno about you guys. 648 00:33:21,605 --> 00:33:23,365 I have children, I have grandchildren. 649 00:33:23,465 --> 00:33:25,925 Now we, luckily we have a farmer, children are on farms, 650 00:33:26,585 --> 00:33:31,125 but the average person, their kids are gonna leave here. 651 00:33:32,185 --> 00:33:37,015 And is this county looking at that to say, do we want 652 00:33:37,015 --> 00:33:38,375 to make everybody that already 653 00:33:39,355 --> 00:33:42,575 has a home wealthier 'cause their home goes up? 654 00:33:42,575 --> 00:33:44,895 Or do we want to try to make a place where it's affordable 655 00:33:44,895 --> 00:33:46,935 for many, including their children? 656 00:33:50,405 --> 00:33:51,375 Yeah, I could, I there 657 00:33:51,435 --> 00:33:52,575 Is that question ever been asked? 658 00:33:54,115 --> 00:33:57,735 Yes. The state really also has been asking 659 00:33:57,765 --> 00:34:01,255 that question more of on a statewide level, not not just 660 00:34:01,985 --> 00:34:03,175 Queen Anne specific. 661 00:34:04,475 --> 00:34:08,175 So it is something that is contemplated or 662 00:34:08,405 --> 00:34:11,855 Yeah, but I don't know that their ideals mesh with mine. 663 00:34:13,085 --> 00:34:14,495 What, which, where are they leaning? 664 00:34:14,715 --> 00:34:17,215 Are they trying to find to make housing more affordable? 665 00:34:17,515 --> 00:34:20,015 Are we to become California? You know, 666 00:34:20,825 --> 00:34:21,825 Agree. 667 00:34:21,825 --> 00:34:24,215 No, I mean, I mean the state, but 668 00:34:24,215 --> 00:34:25,015 You know where I'm Coming from, 669 00:34:25,345 --> 00:34:26,615 right? What I'm saying? Right. 670 00:34:27,035 --> 00:34:28,295 And the county obviously, 671 00:34:28,895 --> 00:34:31,535 I think in the comp plan we talk about looking at density 672 00:34:32,635 --> 00:34:34,895 and essentially size of lots. 673 00:34:35,635 --> 00:34:37,575 So that's gonna change your affordability 674 00:34:37,605 --> 00:34:39,095 essentially of a lot. 675 00:34:39,795 --> 00:34:41,335 So there are things in the comp plan 676 00:34:41,335 --> 00:34:43,615 that have been designated to look at affordability 677 00:34:45,355 --> 00:34:46,355 Of property. 678 00:34:46,355 --> 00:34:48,895 Well not discounting arts comment about the 16,000 lots. 679 00:34:48,895 --> 00:34:51,335 And that's scaring people. One way to lower the price 680 00:34:51,435 --> 00:34:53,255 of real estate is to increase the volume, 681 00:34:53,535 --> 00:34:56,575 increase the amount available, right, the supply. Right. 682 00:34:56,895 --> 00:34:58,775 That's Okay. Yep. 683 00:35:00,125 --> 00:35:02,455 Nope. The, the housing chapter and the but 684 00:35:02,455 --> 00:35:03,735 Don't touch the farms. Correct? 685 00:35:04,215 --> 00:35:06,415 I never said that. Never said that. 686 00:35:06,875 --> 00:35:10,935 Ask the farmer first though. Okay. It's up to the farmer. 687 00:35:14,785 --> 00:35:16,095 We're not mandating that they, 688 00:35:16,165 --> 00:35:18,015 they develop never have never. 689 00:35:18,115 --> 00:35:20,975 And I've never promoted that for certain. Okay. 690 00:35:24,685 --> 00:35:29,055 Okay. That it? Yes ma'am. Alright, anything else? 691 00:35:30,755 --> 00:35:32,415 Any other questions? Madam 692 00:35:32,415 --> 00:35:34,695 Chair, I would like to take staff's recommendation 693 00:35:34,695 --> 00:35:36,935 that the planning center, planning center planning, 694 00:35:37,365 --> 00:35:39,245 having reviewed now approve 695 00:35:39,245 --> 00:35:41,685 and request that the staff send the 2025 Queens County 696 00:35:41,685 --> 00:35:44,045 annual report to the Maryland Department of Planning 697 00:35:44,045 --> 00:35:45,805 and file a copy with county commissioners. 698 00:35:47,185 --> 00:35:50,965 Second, second. All in favor? Aye. Any opposed? 699 00:35:51,995 --> 00:35:54,085 Okay, second. Thank you Job 700 00:35:54,285 --> 00:35:55,285 Ll Thank you. 701 00:35:55,455 --> 00:35:56,925 We're gonna take a five minute break. 702 00:36:05,475 --> 00:36:09,345 Let's get back to session. Okay. 703 00:36:10,855 --> 00:36:15,585 Okay. Concept plan, Byler materials. 704 00:36:17,675 --> 00:36:20,025 Madam chair, I wanna first note for the record 705 00:36:20,095 --> 00:36:23,745 that notice containing the necessary info information 706 00:36:23,745 --> 00:36:25,025 regarding the application 707 00:36:25,325 --> 00:36:28,425 and notice of the public hearing was advertised in the Bay 708 00:36:28,425 --> 00:36:31,985 Times record observer on May 29th and June 5th. 709 00:36:32,005 --> 00:36:33,425 And it was posted on the website 710 00:36:33,525 --> 00:36:38,105 and notice of such is within the application file. Okay, 711 00:36:38,395 --> 00:36:39,395 Thank you. 712 00:36:40,015 --> 00:36:44,545 This may do we usually have a Yeah, I know. 713 00:36:44,655 --> 00:36:46,905 Well who's, who's presenting today? I am 714 00:36:48,735 --> 00:36:50,065 Steve's, Steve's outta the office. 715 00:36:50,165 --> 00:36:51,785 So I'm, I'm the pinch hitter today. 716 00:36:52,045 --> 00:36:55,745 Oh, okay. Good morning everybody. 717 00:36:55,885 --> 00:36:58,345 Rob Gunter Development Review Principle Planner. 718 00:36:59,405 --> 00:37:01,305 As mentioned, we have the folks from 719 00:37:01,305 --> 00:37:02,825 Byler Materials here this morning. 720 00:37:04,015 --> 00:37:07,825 They are proposing a 215.5 acre expansion 721 00:37:08,565 --> 00:37:11,625 of the existing Merrick Farm major extraction operation. 722 00:37:12,055 --> 00:37:15,785 This will be phase five of their project this morning. 723 00:37:15,815 --> 00:37:18,025 They are requesting concept plan approval 724 00:37:18,085 --> 00:37:20,425 and a favorable recommendation to the board of appeals. 725 00:37:23,085 --> 00:37:26,785 The project is located on the eastern side of the county in 726 00:37:26,785 --> 00:37:31,425 between Ingleside and Barclay outlined in black. 727 00:37:31,565 --> 00:37:36,545 You can see the 348 acre parcel is located at the corner of 728 00:37:37,235 --> 00:37:39,305 three 13 and Merrick Corner Road 729 00:37:40,695 --> 00:37:42,345 back in May of 26th. 730 00:37:42,565 --> 00:37:46,385 The zoning department did their annual inspection 731 00:37:46,445 --> 00:37:47,545 of the site and at 732 00:37:47,545 --> 00:37:49,705 that time it was determined, sorry about that. 733 00:37:50,915 --> 00:37:52,465 Everything was in compliance. 734 00:37:56,365 --> 00:37:59,785 The property resides in the agricultural zoning district 735 00:38:00,085 --> 00:38:03,505 and major extractions are conditional use in that district 736 00:38:03,505 --> 00:38:06,785 and require approval from the board of appeals. 737 00:38:09,465 --> 00:38:11,925 The phase five LOD limits 738 00:38:11,985 --> 00:38:16,685 of disturbance includes 215 acres of mining expansion area. 739 00:38:17,045 --> 00:38:19,325 That area is shown in the red dash line. 740 00:38:20,705 --> 00:38:24,325 It also includes 3.88 acres of road improvements 741 00:38:24,975 --> 00:38:26,285 along Merrick Corner Road. 742 00:38:26,905 --> 00:38:28,965 And that area is generally shown 743 00:38:29,025 --> 00:38:31,445 by the yellow dash line at the top. 744 00:38:32,185 --> 00:38:35,165 The yellow circle on the map is the approximate location 745 00:38:35,305 --> 00:38:37,045 of the existing site entrance 746 00:38:37,705 --> 00:38:39,205 and that entrance will remain 747 00:38:40,195 --> 00:38:43,645 with the future expansions if approved. 748 00:38:43,745 --> 00:38:45,485 The overall LED for the project 749 00:38:46,215 --> 00:38:50,005 would be 339 acres in total. 750 00:38:50,065 --> 00:38:52,525 So that would include this phase In all previous phases 751 00:38:54,865 --> 00:38:58,125 the project is proposing no new impr impervious area 752 00:38:58,265 --> 00:39:03,085 and no new floor area complies with the mining setbacks. 753 00:39:03,105 --> 00:39:05,885 And phase five will also comply with those setbacks. 754 00:39:06,355 --> 00:39:08,285 It's currently served by well and septic 755 00:39:08,285 --> 00:39:12,965 and will continue to be on average a hundred trucks a day, 756 00:39:13,485 --> 00:39:16,085 visit the site or truck trips a day, visit the site. 757 00:39:16,725 --> 00:39:19,645 That's to remain the same even with the expansion area. 758 00:39:20,455 --> 00:39:24,285 Those trucks remove approximately 343,000 cubic yards 759 00:39:24,285 --> 00:39:25,325 of material per year. 760 00:39:26,985 --> 00:39:30,805 The estimated lifespan of the project is just over 49 years 761 00:39:31,785 --> 00:39:34,085 and 17 million cubic yards 762 00:39:34,085 --> 00:39:36,805 of material will be removed. 763 00:39:39,625 --> 00:39:41,445 Excuse me, at the conclusion of the project, 764 00:39:41,665 --> 00:39:44,565 the depth will vary between 67 and 70 feet. 765 00:39:47,475 --> 00:39:49,385 Phase five proposes landscaping 766 00:39:49,505 --> 00:39:52,145 and berms around the entire expansion area, 767 00:39:52,795 --> 00:39:55,265 which will meet up with existing landscaping and bi. 768 00:39:55,995 --> 00:39:59,065 Those berms will be 62 feet wide and 10 feet tall 769 00:39:59,365 --> 00:40:02,145 and they'll be planted with two rows of evergreens 770 00:40:02,695 --> 00:40:05,185 that will be six to eight feet tall at the time of planting. 771 00:40:08,365 --> 00:40:11,145 The site's not located within the Chesapeake Bay critical 772 00:40:11,145 --> 00:40:13,025 area or the a hundred year floodplain. 773 00:40:13,635 --> 00:40:16,305 There are no erosion hazards, streams, wetlands, 774 00:40:16,305 --> 00:40:18,265 or threatened endangered species on site. 775 00:40:19,325 --> 00:40:22,505 The southern portion of the site does have 39.6 776 00:40:22,515 --> 00:40:23,545 acres of woodlands. 777 00:40:24,465 --> 00:40:26,785 Department of Natural Resources has indicated that 778 00:40:27,295 --> 00:40:29,745 this area contains fizz habitat mainly 779 00:40:29,805 --> 00:40:31,705 for nesting nesting birds 780 00:40:33,555 --> 00:40:35,865 shown in green dashed outline on the map. 781 00:40:36,015 --> 00:40:40,345 This project phase five does propose just over 32 acres 782 00:40:40,845 --> 00:40:42,545 of woodland clearing just 783 00:40:42,545 --> 00:40:44,425 above the green in the white dash line 784 00:40:44,445 --> 00:40:48,465 or previously approved clearing with earlier phasing. 785 00:40:50,055 --> 00:40:52,345 This project, just like all major extractions, 786 00:40:52,485 --> 00:40:55,225 are exempt from the regulations established 787 00:40:55,225 --> 00:40:56,825 by the Forest Conservation Act. 788 00:40:58,145 --> 00:41:00,345 There is a tax ditch that runs through this property 789 00:41:00,915 --> 00:41:04,665 shown in the solid blue line bisects roughly the middle. 790 00:41:05,855 --> 00:41:07,905 That tax ditch will be relocated 791 00:41:08,165 --> 00:41:10,625 to the area shown on the blue dash line. 792 00:41:11,525 --> 00:41:14,585 The Caroline County Soil Conservation District manages these 793 00:41:14,645 --> 00:41:17,585 tax ditches and they have reviewed this project 794 00:41:17,725 --> 00:41:20,505 and approved it with three minor conditions. 795 00:41:20,505 --> 00:41:22,425 Those are outlined in your staff report. 796 00:41:24,965 --> 00:41:27,735 There's no proposed changes to the hours of operation. 797 00:41:28,675 --> 00:41:32,295 The applicant did submit a sound study completed by vibrate. 798 00:41:33,275 --> 00:41:34,485 That study concluded 799 00:41:34,485 --> 00:41:37,285 that the noise will not exceed residential, nighttime 800 00:41:37,665 --> 00:41:39,685 or daytime limits at the property line. 801 00:41:40,445 --> 00:41:42,165 Provided that the standoff distances 802 00:41:42,965 --> 00:41:44,485 outlined in the report are met. 803 00:41:47,545 --> 00:41:50,125 Trucks will continue to use the existing haul route, 804 00:41:50,125 --> 00:41:53,445 which is Merrick Corner Road to Maryland three 13. 805 00:41:54,685 --> 00:41:56,845 I mentioned the road improvements to Merrick Corner Road. 806 00:41:56,845 --> 00:42:01,485 There are approximately 3,350 linear feet 807 00:42:01,485 --> 00:42:04,525 of improvements and they will start at the intersection 808 00:42:04,525 --> 00:42:07,965 of three 13 and move east along Merrick Corner Road. 809 00:42:08,715 --> 00:42:10,885 They'll include some widening, res striping 810 00:42:10,985 --> 00:42:12,005 and some shoulder work. 811 00:42:14,625 --> 00:42:16,165 At the conclusion of the project, 812 00:42:16,525 --> 00:42:18,925 there'll be a 259 acre pond 813 00:42:19,505 --> 00:42:22,885 and a location for a future house that's a little bit 814 00:42:22,885 --> 00:42:25,485 of pasture area or tillable area for the resident. 815 00:42:27,065 --> 00:42:30,005 And with that I have a colleague Eric Miller from the 816 00:42:30,005 --> 00:42:31,965 Department of Public Works here 817 00:42:32,585 --> 00:42:34,765 and he can elaborate a little bit on the road. 818 00:42:34,765 --> 00:42:38,325 Improvements that have been done are proposed currently 819 00:42:38,785 --> 00:42:41,285 and he can answer any stormwater questions if you have any. 820 00:42:41,945 --> 00:42:44,485 So with that, this is Eric this 821 00:42:45,595 --> 00:42:46,595 Good morning. 822 00:42:46,595 --> 00:42:47,205 Eric Miller, department 823 00:42:47,285 --> 00:42:48,925 of Public Works. Can everyone hear me all right? 824 00:42:49,585 --> 00:42:52,805 Yep. So Robin asked me here today, we had, 825 00:42:53,585 --> 00:42:55,085 I'm gonna segue slightly, 826 00:42:55,145 --> 00:42:57,245 but in our comment memo there was an item Can you, 827 00:42:57,265 --> 00:42:58,285 can you speak up a little? 828 00:42:58,765 --> 00:43:02,405 I can. Is this better? Yes. There you go. Maybe there. 829 00:43:02,405 --> 00:43:04,125 There you go. That's better. All right, 830 00:43:04,705 --> 00:43:06,045 so I'm gonna segue a little. 831 00:43:06,335 --> 00:43:10,325 There is in the most recent DPW comment memo, 832 00:43:10,645 --> 00:43:13,005 a line item indicating a public works agreement. 833 00:43:13,345 --> 00:43:15,925 The Department of Public Works is still in the process 834 00:43:16,065 --> 00:43:17,205 of coordinating with the 835 00:43:17,205 --> 00:43:18,605 applicant the terms of the agreement. 836 00:43:19,845 --> 00:43:21,645 We were contacted the department yesterday 837 00:43:21,645 --> 00:43:24,605 that the applicant did not agree with the terms. 838 00:43:24,785 --> 00:43:26,525 And so as such, we just wanted to bring 839 00:43:26,525 --> 00:43:27,605 that to the board's attention. 840 00:43:27,825 --> 00:43:32,765 Now that we would like to, when Rob gives his final summary, 841 00:43:33,265 --> 00:43:38,205 add a condition that we, the DPW Department of Public Works 842 00:43:38,465 --> 00:43:39,685 and the applicant by 843 00:43:39,685 --> 00:43:42,965 or mind agree to the terms of the public works agreement 844 00:43:43,735 --> 00:43:46,855 prior to the applicant submitting an 845 00:43:46,855 --> 00:43:48,055 application for Board of Appeals. 846 00:43:48,365 --> 00:43:49,615 What did they disagree with? 847 00:43:49,995 --> 00:43:52,295 So what we're disagreeing over is money. 848 00:43:52,875 --> 00:43:55,855 Now we have this, mine has been in operation 849 00:43:55,855 --> 00:43:56,935 for approximately 20 years 850 00:43:56,995 --> 00:43:59,015 and we're looking at, I'm speaking in round numbers, 851 00:43:59,255 --> 00:44:01,215 I can be more specific at your request. 852 00:44:01,975 --> 00:44:03,255 A 50 year lifespan. 853 00:44:03,315 --> 00:44:05,295 So the department is looking at projecting, 854 00:44:05,795 --> 00:44:09,135 as Rob pointed out, it'll their time to mine out. 855 00:44:09,135 --> 00:44:10,495 This property will take 50 years. 856 00:44:11,075 --> 00:44:12,455 So we're looking at 50 years 857 00:44:12,475 --> 00:44:14,655 of road maintenance built into an agreement 858 00:44:14,655 --> 00:44:16,975 that we're deciding upon today as part of this application. 859 00:44:17,795 --> 00:44:19,335 Now I'd like to be perfectly clear, 860 00:44:19,395 --> 00:44:20,815 we are not in opposition to this. 861 00:44:21,115 --> 00:44:25,125 We are just not prepared to give a favorable recommendation 862 00:44:25,125 --> 00:44:28,445 because we haven't come to terms with the applicant. 863 00:44:28,945 --> 00:44:30,125 So what we're trying 864 00:44:30,125 --> 00:44:33,325 to do is project based upon our last 20 years of experience, 865 00:44:34,205 --> 00:44:36,165 a 50 year lifecycle for this road. 866 00:44:36,625 --> 00:44:39,285 Now they are providing, as part of their application, 867 00:44:39,285 --> 00:44:40,565 substantial road improvements 868 00:44:40,565 --> 00:44:44,045 and upgrades as Rob identified in his report, 869 00:44:45,025 --> 00:44:46,765 we are simply trying to plan for the next 50. 870 00:44:48,095 --> 00:44:52,435 Now what we are proposing is an identical agreement 871 00:44:52,695 --> 00:44:56,475 to a neighboring mine, which is Bridgetown Stone 872 00:44:56,475 --> 00:45:00,915 and Gravel, which assesses a 12 cent per ton royalty. 873 00:45:00,975 --> 00:45:04,915 And that money will go to the cost of road maintenance. 874 00:45:06,615 --> 00:45:10,435 What's adequate to, well on their projection, 875 00:45:11,285 --> 00:45:12,395 their projected numbers 876 00:45:12,845 --> 00:45:14,035 Using their projected numbers. 877 00:45:14,665 --> 00:45:15,955 When you get 12 cents, 878 00:45:16,735 --> 00:45:19,595 and again we are using some approximate math here, 879 00:45:19,595 --> 00:45:23,235 but we're looking at roughly $62,000 a year. 880 00:45:24,355 --> 00:45:29,135 So if you compare that to the current maintenance are, 881 00:45:29,295 --> 00:45:31,575 I should say road upgrades that are being performed, 882 00:45:32,405 --> 00:45:35,775 that is a project that is costing, I believe the estimate. 883 00:45:36,075 --> 00:45:38,095 And there are representatives from Lane Engineering here 884 00:45:38,095 --> 00:45:41,375 who can correct me is $845,000 885 00:45:42,235 --> 00:45:43,935 or as Jonathan 886 00:45:43,935 --> 00:45:46,415 and I were speaking yesterday when he contacted me. How 887 00:45:46,595 --> 00:45:50,935 How long is that $840,000 rejected to last? 888 00:45:51,365 --> 00:45:52,855 Well, and that's what I'm getting to. 889 00:45:53,355 --> 00:45:57,935 So if you look at the 60,000 that we are assessing per year, 890 00:45:58,475 --> 00:46:03,305 and we look at this cost now it'll take roughly 16 891 00:46:03,445 --> 00:46:06,345 and a half years and that's using a round number 892 00:46:06,345 --> 00:46:09,665 of a million dollars because that was an estimate. 893 00:46:09,925 --> 00:46:11,465 We don't actually know the cost 894 00:46:11,465 --> 00:46:12,985 of construction until it's built. 895 00:46:13,245 --> 00:46:16,425 So using a round number of a million with the 61,000, 896 00:46:16,425 --> 00:46:19,385 which is based upon what they're on their plan, identifying 897 00:46:19,385 --> 00:46:20,465 as removal 16 898 00:46:20,465 --> 00:46:24,425 and a half years is how long it would take to get to 899 00:46:24,505 --> 00:46:25,505 that sum of money again. 900 00:46:26,125 --> 00:46:28,505 But the trucks are the trucks. Okay. 901 00:46:28,575 --> 00:46:32,025 What is your span for that type of road with all 902 00:46:32,025 --> 00:46:33,265 that truck truck traffic? 903 00:46:33,415 --> 00:46:36,565 Exactly. So what we're hoping is that 904 00:46:36,565 --> 00:46:38,525 because essentially we're trying to predict the future here 905 00:46:38,795 --> 00:46:39,965 with the widening of the road 906 00:46:40,145 --> 00:46:41,485 and the reinforcement of the road, 907 00:46:41,635 --> 00:46:44,725 that the $60,000 a year will be sufficient 908 00:46:44,785 --> 00:46:47,765 to perform annual maintenance or maintenance on demand. 909 00:46:47,765 --> 00:46:49,245 That is not the department's intent 910 00:46:49,305 --> 00:46:52,125 to have major road rehabilitations when it becomes 911 00:46:53,045 --> 00:46:54,365 sufficiently damaged to require it, 912 00:46:54,465 --> 00:46:56,605 but simply to perform routine maintenance. 913 00:46:57,545 --> 00:47:01,005 So we are not anticipating letting the road degrade 914 00:47:01,065 --> 00:47:02,485 to such a condition that it's in. 915 00:47:02,545 --> 00:47:05,605 Now again, we'd like to avoid that, we'd like to be able 916 00:47:05,605 --> 00:47:06,885 to maintain it as necessary. 917 00:47:06,885 --> 00:47:07,885 The last time it was upgraded, 918 00:47:09,215 --> 00:47:10,935 I believe 2014. 919 00:47:11,035 --> 00:47:14,335 Now when you say upgrade, I don't mean to split hair, it's 920 00:47:14,335 --> 00:47:15,335 Only like 12 years. 921 00:47:15,335 --> 00:47:19,295 Correct. And you're talking that the 60,000 will take you 922 00:47:19,295 --> 00:47:20,815 to 16 years. 923 00:47:21,265 --> 00:47:23,655 Right. So what I'm doing is comparing that amount, 924 00:47:25,385 --> 00:47:27,905 I mean you haven't maintained it the last 12 925 00:47:30,005 --> 00:47:31,805 I thought we were comparing major renovation 926 00:47:31,825 --> 00:47:33,085 to major renovation, right. 927 00:47:33,105 --> 00:47:35,445 So the last major renovation was 12 years ago. 928 00:47:35,465 --> 00:47:37,405 As I understand it right now they're going 929 00:47:37,405 --> 00:47:39,085 to perform a current major renovation. 930 00:47:39,495 --> 00:47:41,925 We're looking to avoid the major renovations 931 00:47:42,265 --> 00:47:44,285 and fund continuous maintenance. 932 00:47:45,215 --> 00:47:47,395 So you haven't done the continuous maintenance 933 00:47:47,425 --> 00:47:48,435 over the last 12? 934 00:47:48,775 --> 00:47:52,065 No, we do. I understand what you're asking. 935 00:47:52,095 --> 00:47:54,385 Unfortunately I don't have those numbers in front of me 936 00:47:54,385 --> 00:47:57,025 because this issue was raised yesterday by the applicant. 937 00:47:57,165 --> 00:47:59,545 So hence why we are not prepared to give 938 00:47:59,545 --> 00:48:00,625 that recommendation. 939 00:48:00,685 --> 00:48:02,905 Now I need to go back, do the research, 940 00:48:02,975 --> 00:48:04,985 look at the numbers you're asking for, see 941 00:48:04,985 --> 00:48:06,625 how much we spent per year 942 00:48:06,685 --> 00:48:09,425 and then look into all these other things we had hoped the 943 00:48:09,425 --> 00:48:12,705 department we that using an agreement identical 944 00:48:12,765 --> 00:48:16,345 to a neighboring mine would be, you know, applicable 945 00:48:16,345 --> 00:48:17,545 to use a pithy term. 946 00:48:17,565 --> 00:48:19,905 Apples to apples. Mine to mind, we use an agreement, 947 00:48:19,965 --> 00:48:21,625 one is agreed to, we agree with it here, 948 00:48:24,295 --> 00:48:27,815 But I'm sure the applicant is looking for that price 949 00:48:27,875 --> 00:48:30,055 to be lowered, not increased. Right. 950 00:48:30,285 --> 00:48:32,055 Well I'll let the applicant speak to what they want, 951 00:48:32,115 --> 00:48:34,055 but yes, I would imagine so. 952 00:48:34,535 --> 00:48:37,735 I would imagine that's why it got turned down. Okay. 953 00:48:38,875 --> 00:48:41,175 All right. Do you have any questions at this point? 954 00:48:42,135 --> 00:48:46,705 Okay, so I do so that the, as I understand it, dump trucks 955 00:48:48,305 --> 00:48:49,665 probably paying somewhere between five 956 00:48:49,685 --> 00:48:53,345 and $6,000 a year in road use taxes specifically 957 00:48:53,345 --> 00:48:55,745 because of the damage that they do the roads. 958 00:48:56,615 --> 00:48:59,155 Do you not get any of the money from the state, from those 959 00:48:59,865 --> 00:49:01,835 road use taxes that are paid and, 960 00:49:01,895 --> 00:49:04,355 and you know, maybe I, no, I'll, I'll get 961 00:49:04,355 --> 00:49:07,275 to you later ask you the same question. 962 00:49:08,025 --> 00:49:12,035 Sure. So as of the most recent legislative session, 963 00:49:12,315 --> 00:49:13,675 I am not sure exactly 964 00:49:13,705 --> 00:49:15,395 what the funding stream is from the state. 965 00:49:15,875 --> 00:49:17,275 I can tell you it's very turbulent 966 00:49:17,375 --> 00:49:19,715 and that there are proposing changes on the highway user 967 00:49:19,715 --> 00:49:21,355 revenue, which I believe is different from 968 00:49:21,355 --> 00:49:22,475 what you're talking about. 969 00:49:23,195 --> 00:49:25,795 I don't have the state funding numbers in front of me to see 970 00:49:25,795 --> 00:49:29,315 what proportion of tax dollars from heavy vehicles comes 971 00:49:29,315 --> 00:49:32,795 to road maintenance, if you like. I can look into that. I 972 00:49:32,795 --> 00:49:34,355 Know, I know that under O'Malley, you know, 973 00:49:34,355 --> 00:49:36,515 he stole a bunch as far as I'm concerned, he stole a bunch 974 00:49:36,515 --> 00:49:39,955 of tax revenue to county back during that, I think 975 00:49:39,955 --> 00:49:41,355 during recession with it. 976 00:49:42,095 --> 00:49:44,555 And I don't know if he's given it back yet or not. 977 00:49:44,585 --> 00:49:45,835 Last time I talked to one 978 00:49:45,835 --> 00:49:47,475 of the commissioners he said they had not, 979 00:49:47,825 --> 00:49:48,955 that was several years ago. 980 00:49:49,385 --> 00:49:51,195 Bill, we're having trouble hearing you. Oh, 981 00:49:51,375 --> 00:49:52,715 I'm sorry. I'm, I'm getting lazy 982 00:49:52,895 --> 00:49:54,915 But you're, Pardon 983 00:49:54,915 --> 00:49:55,915 Me? 984 00:49:55,915 --> 00:49:56,355 Microphone's not close to you? 985 00:49:56,655 --> 00:49:58,675 No, it's 'cause I'm leaning back and 986 00:49:59,295 --> 00:50:00,355 Oh, taking a nap. 987 00:50:00,845 --> 00:50:03,715 Sorry. Do you want me to repeat what I was saying? 988 00:50:03,715 --> 00:50:07,115 No, would you, so all I was asking was don't these dump 989 00:50:07,115 --> 00:50:10,715 trucks at five, $6,000 per year in road use taxes, 990 00:50:10,905 --> 00:50:14,495 fuel taxes, does that any of that money come back 991 00:50:14,495 --> 00:50:17,705 to the county for the maintenance of these roads? 992 00:50:18,205 --> 00:50:20,665 Do they not get anything for their investment? 993 00:50:20,955 --> 00:50:25,465 Those, those independent drivers and small businessmen 994 00:50:25,485 --> 00:50:27,525 and everything else that, that have these things? 995 00:50:27,575 --> 00:50:28,645 We've had this discussion 996 00:50:28,645 --> 00:50:31,565 before about road use taxes and everything else. 997 00:50:32,365 --> 00:50:35,845 I know that O'Malley stole, I use that word stole 998 00:50:36,795 --> 00:50:39,365 road use taxes from the county back during the recession. 999 00:50:39,445 --> 00:50:40,565 I don't know that the state's ever 1000 00:50:40,565 --> 00:50:41,685 given them back like they should. 1001 00:50:42,345 --> 00:50:44,245 At the last conversation I had with one 1002 00:50:44,245 --> 00:50:45,845 of the commissioners, he said they had, 1003 00:50:45,845 --> 00:50:47,285 they had given some back 1004 00:50:47,285 --> 00:50:49,925 but weren't up to what they used to be historically. 1005 00:50:50,255 --> 00:50:52,485 Right. Okay. So that's all I'm asking. 1006 00:50:53,025 --> 00:50:54,085 You know, sounds to me like 1007 00:50:54,565 --> 00:50:57,165 'cause 50 years, $60,000 a year, that's 3 million bucks. 1008 00:50:57,675 --> 00:50:59,725 That ain't, that's not chump change, right? 1009 00:51:00,155 --> 00:51:01,285 Correct. How 1010 00:51:01,285 --> 00:51:02,365 Much did it cost to build a road 1011 00:51:02,385 --> 00:51:04,525 for goodness sake level road? 1012 00:51:06,315 --> 00:51:07,735 Are we building a state spec road? 1013 00:51:08,975 --> 00:51:09,975 I'm sorry, what was the second 1014 00:51:09,975 --> 00:51:10,675 One? 1015 00:51:10,675 --> 00:51:11,115 Are we building a county spec road 1016 00:51:11,115 --> 00:51:12,195 or a state spec road 1017 00:51:12,425 --> 00:51:15,515 with three $3 million in maintenance over over 50 years? 1018 00:51:15,515 --> 00:51:17,715 That's not a small chunk of change. 1019 00:51:18,055 --> 00:51:22,275 No, absolutely not. I'd be like him argue 1020 00:51:23,455 --> 00:51:24,455 And that's fair. 1021 00:51:25,125 --> 00:51:26,595 We're not opposed to the discussion. 1022 00:51:26,605 --> 00:51:28,115 We're not opposed looking at the numbers. 1023 00:51:28,345 --> 00:51:29,755 It's strictly a matter of timing. 1024 00:51:30,895 --> 00:51:32,395 The objection was raised yesterday 1025 00:51:32,535 --> 00:51:33,595 so we need to look at this. 1026 00:51:33,735 --> 00:51:35,955 So your questions are legitimate and appropriate, 1027 00:51:36,495 --> 00:51:37,675 but I don't have the answers now. 1028 00:51:38,265 --> 00:51:39,885 Okay, fair. 1029 00:51:41,505 --> 00:51:44,565 Can I, can I ask, are you done Bill? Yes. Okay. 1030 00:51:45,035 --> 00:51:46,365 It's just a question of process 1031 00:51:46,475 --> 00:51:49,485 because when in reviewing these materials prior 1032 00:51:49,485 --> 00:51:51,365 to the meeting delivered to us a week 1033 00:51:51,365 --> 00:51:55,925 or more ahead of time, typically my eyes always go to the 1034 00:51:56,825 --> 00:51:58,245 no agencies that have reviewed 1035 00:51:58,825 --> 00:52:00,645 the concept plan have offered objections. 1036 00:52:00,665 --> 00:52:03,245 So I'm wondering at what time, at what point in the process 1037 00:52:04,665 --> 00:52:08,205 was, is an issue like this supposed to be resolved? 1038 00:52:08,205 --> 00:52:11,765 Like I'm not sure why it's okay, why it's, 1039 00:52:11,765 --> 00:52:14,885 it's only why is this coming up at this time 1040 00:52:15,955 --> 00:52:18,085 when I based my review 1041 00:52:18,705 --> 00:52:22,725 and thoughts on these projects by what, what is before me 1042 00:52:22,905 --> 00:52:25,805 and, and then sometimes subsequent updates 1043 00:52:25,805 --> 00:52:26,925 from John as needed. 1044 00:52:27,065 --> 00:52:30,805 So I'm trying to figure out where, when is this supposed 1045 00:52:30,805 --> 00:52:31,925 to be resolved? 1046 00:52:32,155 --> 00:52:33,805 Like 'cause we're, we're here for final 1047 00:52:34,565 --> 00:52:36,045 approval of this concept plan. So 1048 00:52:36,915 --> 00:52:39,525 Yeah, the concept plan will allow them to move forward 1049 00:52:39,945 --> 00:52:42,605 and seek additional use location. 1050 00:52:43,315 --> 00:52:45,965 Okay, so excuse me. 1051 00:52:46,825 --> 00:52:49,125 The major extractions are unique. 1052 00:52:49,155 --> 00:52:52,085 They require public hearings which no other 1053 00:52:52,725 --> 00:52:54,085 development projects required. 1054 00:52:54,705 --> 00:52:56,805 So there are advertisement deadlines. 1055 00:52:57,585 --> 00:53:01,485 So this project had to be advertised in the paper prior 1056 00:53:01,505 --> 00:53:04,045 to the comments coming back to the department. 1057 00:53:04,905 --> 00:53:09,565 And that overlap is when that comment that Eric referenced 1058 00:53:10,115 --> 00:53:12,885 came in and that comment says that DPW 1059 00:53:14,585 --> 00:53:16,765 is okay with the project coming to planning commission 1060 00:53:17,765 --> 00:53:20,265 as long as the applicant agrees in principle 1061 00:53:20,685 --> 00:53:22,865 to the public works agreement. 1062 00:53:23,065 --> 00:53:26,245 PWA prior to planning commission, 1063 00:53:26,875 --> 00:53:28,245 well prior to planning commission 1064 00:53:29,865 --> 00:53:31,365 Ag This morning, 1065 00:53:31,365 --> 00:53:33,045 eight o'clock was prior to planning commission. 1066 00:53:33,045 --> 00:53:35,045 So in lieu of not stopping the project 1067 00:53:36,105 --> 00:53:39,605 and keeping things moving forward, it was our intent to here 1068 00:53:39,745 --> 00:53:41,365 and here we are And that's 1069 00:53:41,365 --> 00:53:43,605 where Eric mentioned his condition 1070 00:53:44,475 --> 00:53:49,245 that they can work things out, whatever that may be prior 1071 00:53:49,245 --> 00:53:52,205 to the applicant making board of appeals application 1072 00:53:52,945 --> 00:53:55,605 to keep the process moving forward for the applicant. 1073 00:53:55,625 --> 00:53:57,845 Not But isn't that normally already completed 1074 00:53:57,845 --> 00:54:01,645 before we get the paperwork to review? 1075 00:54:02,065 --> 00:54:04,885 No, not necessarily things like forest conservation. 1076 00:54:04,945 --> 00:54:06,805 If this project had forest conservation, 1077 00:54:07,795 --> 00:54:10,125 they would usually tell us this is our idea, 1078 00:54:10,505 --> 00:54:13,045 but we don't have definitive legal documents 1079 00:54:13,045 --> 00:54:15,405 and everything finalized yet until site plan. 1080 00:54:15,865 --> 00:54:17,565 So in this case we wouldn't have, 1081 00:54:18,435 --> 00:54:19,845 they don't require site plan 1082 00:54:20,205 --> 00:54:21,325 'cause there's no more floor area. 1083 00:54:21,825 --> 00:54:24,245 So their final step would be board of appeals 1084 00:54:24,245 --> 00:54:25,405 and then they'd go straight to permit. 1085 00:54:25,785 --> 00:54:30,085 So by board of appeals anything has to be determined 1086 00:54:30,085 --> 00:54:31,685 and figured out and finalized. 1087 00:54:31,915 --> 00:54:36,885 Okay. In this step, no, for us, for DPW, 1088 00:54:36,885 --> 00:54:40,605 they would like a principal figured out in a draft 1089 00:54:40,605 --> 00:54:43,445 accomplished prior to court appeals. 1090 00:54:43,795 --> 00:54:48,215 Okay. Madam Chair? Yes, sir. 1091 00:54:48,275 --> 00:54:49,775 In a, in a situation like this, 1092 00:54:49,955 --> 00:54:52,855 my immediate reaction is disapprove. 1093 00:54:53,035 --> 00:54:54,295 You know, we don't have agreement 1094 00:54:54,715 --> 00:54:57,615 and we're asked to render an opinion on something 1095 00:54:57,615 --> 00:54:59,255 that's not agreed to by both parties. 1096 00:55:00,035 --> 00:55:03,095 But I sense that staff is comfortable 1097 00:55:04,345 --> 00:55:05,975 proceeding with conditions. 1098 00:55:06,075 --> 00:55:07,935 Am I understanding this correctly? 1099 00:55:09,935 --> 00:55:12,815 I will defer to Eric on their condition, 1100 00:55:13,435 --> 00:55:16,095 the conditions we outlined, which brings me to another, 1101 00:55:16,275 --> 00:55:18,535 if you turn to page six of seven in your staff 1102 00:55:18,535 --> 00:55:19,575 Report, that's quite quite a few 1103 00:55:19,935 --> 00:55:20,935 17. 1104 00:55:20,935 --> 00:55:21,335 There are, there are 17. 1105 00:55:21,365 --> 00:55:23,055 Well they are not labeled conditions, 1106 00:55:23,075 --> 00:55:24,255 but those are the conditions. 1107 00:55:24,255 --> 00:55:25,975 So once we get to that, if we get to that, 1108 00:55:26,385 --> 00:55:27,415 those are the conditions. 1109 00:55:27,885 --> 00:55:29,375 Plus number 18, no, 18, 1110 00:55:29,595 --> 00:55:32,975 The staff is planning staff is comfortable with 17. 1111 00:55:33,715 --> 00:55:36,735 If the condition that Eric suggested were to go through 1112 00:55:37,455 --> 00:55:39,175 planning would be okay with that as well. 1113 00:55:40,475 --> 00:55:43,935 But as long as DPW was fine with that, if they weren't fine 1114 00:55:43,935 --> 00:55:45,735 with that, staff would support that as well. 1115 00:55:46,275 --> 00:55:47,415 And you're fine with that. 1116 00:55:47,795 --> 00:55:49,615 And to answer the question, yes, the Department 1117 00:55:49,615 --> 00:55:50,935 of Public Works is fine with the 1118 00:55:50,935 --> 00:55:52,375 condition as I presented it. 1119 00:55:53,715 --> 00:55:56,175 Can you give us a a written 1120 00:55:57,875 --> 00:55:59,055 or can you, can you 1121 00:55:59,895 --> 00:56:01,215 I think I can assist with that again. 1122 00:56:01,355 --> 00:56:05,695 So I I think it would be inclusion of condition 18, which, 1123 00:56:05,995 --> 00:56:07,135 and correct me if I'm wrong, 1124 00:56:07,155 --> 00:56:09,335 but the condition would be that the applicant 1125 00:56:09,475 --> 00:56:12,295 and public works department enter into a mutually 1126 00:56:12,655 --> 00:56:15,055 satisfactory public works agreement prior to 1127 00:56:16,515 --> 00:56:18,055 making the application to the board 1128 00:56:18,055 --> 00:56:19,695 of appeals for conditional use. 1129 00:56:20,005 --> 00:56:24,725 Does that work for you? Yes. Okay, good. Okay. 1130 00:56:25,025 --> 00:56:28,405 Now anything else Rob? 1131 00:56:28,985 --> 00:56:31,365 No ma'am. Okay. I have one more question. 1132 00:56:31,575 --> 00:56:34,765 Madam Chairman, why did it take this long again to get, 1133 00:56:34,945 --> 00:56:38,405 you had a meeting this morning, why didn't, why is it, 1134 00:56:39,605 --> 00:56:40,945 why is it this long in the process? 1135 00:56:41,845 --> 00:56:43,025 Why wouldn't it have done before? 1136 00:56:44,315 --> 00:56:45,985 Seems to me that maybe you could have 1137 00:56:46,675 --> 00:56:48,015 having an eight o'clock meeting 1138 00:56:48,015 --> 00:56:49,135 that had a planning commission 1139 00:56:49,525 --> 00:56:50,775 Doesn't seem like good planning. 1140 00:56:50,865 --> 00:56:52,415 There was no meeting at eight o'clock. 1141 00:56:52,595 --> 00:56:55,535 The, the comment said they needed to agree prior to 1142 00:56:55,595 --> 00:56:56,595 Oh, okay. 1143 00:56:56,595 --> 00:56:57,135 I'm sorry. I'm sorry. I said 1144 00:56:57,755 --> 00:57:00,015 Up to o Alright. Alright. 1145 00:57:00,555 --> 00:57:04,015 And there was that comment came out 25 day review was at 1146 00:57:04,015 --> 00:57:06,615 least two weeks ago and as I understand it, 1147 00:57:06,625 --> 00:57:08,695 there were some email exchanges yesterday. 1148 00:57:09,555 --> 00:57:11,125 Okay. I Was not privy to that. 1149 00:57:13,345 --> 00:57:14,965 And to clarify with your question, 1150 00:57:14,965 --> 00:57:17,285 yesterday was not the first attempt at communication. 1151 00:57:17,285 --> 00:57:18,805 There were phone calls and emails back 1152 00:57:18,805 --> 00:57:20,125 and forth between the applicant 1153 00:57:20,125 --> 00:57:21,325 and the Department of Public Works. 1154 00:57:21,945 --> 00:57:24,965 The objection to the Public works agreement was raised 1155 00:57:24,985 --> 00:57:27,965 by the applicant yesterday, which is different from, 1156 00:57:27,965 --> 00:57:30,285 there was no communication until yesterday. 1157 00:57:30,835 --> 00:57:33,285 Okay. Yeah, that's okay. Thank you for the clarifying. 1158 00:57:34,875 --> 00:57:35,965 Alright. Yes ma'am. 1159 00:57:38,665 --> 00:57:41,485 My name is Cheryl Tomi with Lane Engineering. 1160 00:57:41,625 --> 00:57:44,765 I'm the project drafter for this project. 1161 00:57:45,035 --> 00:57:49,085 I've, I've worked on it throughout the years with us today. 1162 00:57:49,105 --> 00:57:51,845 We also have our project engineer Brittany Wallace, 1163 00:57:52,305 --> 00:57:54,405 who can answer any technical questions you may have. 1164 00:57:54,865 --> 00:57:57,175 The owner, Jonathan Bier and Byler 1165 00:57:57,175 --> 00:57:58,925 and our attorney Steve Mehan. 1166 00:58:00,305 --> 00:58:02,765 Rob Gunther gave a great overview of the project 1167 00:58:02,945 --> 00:58:05,045 and I would be happy to ask, answer any questions 1168 00:58:05,045 --> 00:58:08,845 that you have, just give a brief overview of 1169 00:58:09,515 --> 00:58:11,245 generally what we're proposing 1170 00:58:11,245 --> 00:58:14,845 and what he had said already is that the, 1171 00:58:16,195 --> 00:58:18,125 it's an existing mine, it's there. 1172 00:58:19,025 --> 00:58:21,445 We have an entrance that's already in place 1173 00:58:21,985 --> 00:58:25,325 and the office, the different, 1174 00:58:28,185 --> 00:58:30,205 the different plants that are there, 1175 00:58:30,205 --> 00:58:31,445 those are all gonna stay in place 1176 00:58:31,445 --> 00:58:33,165 and those are gonna be continued to be used. 1177 00:58:33,175 --> 00:58:35,805 We're not proposing anything new for that. 1178 00:58:36,625 --> 00:58:39,045 The trucks per day is gonna stay at a 1179 00:58:39,045 --> 00:58:40,085 hundred trucks per day. 1180 00:58:40,375 --> 00:58:43,845 We're not proposing any increases in the trucks 1181 00:58:44,345 --> 00:58:45,765 or the hours of operation. 1182 00:58:46,185 --> 00:58:49,765 So you're not going to see a change in the, 1183 00:58:49,905 --> 00:58:52,885 an increase in the traffic going to and from the site. 1184 00:58:53,755 --> 00:58:58,525 It's just we're proposing an expansion of the mining pond 1185 00:58:58,625 --> 00:59:01,765 so that the mine can continue to stay in business 1186 00:59:02,505 --> 00:59:05,885 and expand the life of the mine by about 50 years 1187 00:59:06,425 --> 00:59:08,165 as market conditions allow. 1188 00:59:10,145 --> 00:59:14,605 As a part of this expansion, as he had shown, you know, 1189 00:59:15,545 --> 00:59:17,645 the, we're proposing the road improvements 1190 00:59:17,705 --> 00:59:21,005 to Merri Corner Road, we've also proposed to 1191 00:59:22,045 --> 00:59:25,005 reroute the tax ditch that does go through the middle 1192 00:59:25,025 --> 00:59:28,845 of the site to go around the exterior 1193 00:59:29,065 --> 00:59:30,445 of the mining pond. 1194 00:59:30,825 --> 00:59:32,965 And then inside of that we'll have a, 1195 00:59:33,125 --> 00:59:35,805 a visual screening berm with plantings on top 1196 00:59:36,425 --> 00:59:40,205 and then even, you know, further interior 1197 00:59:40,345 --> 00:59:41,965 to the site will have an access road 1198 00:59:41,985 --> 00:59:43,965 and then it will be the expansion pond. 1199 00:59:44,175 --> 00:59:47,885 Everything will expand towards the west 1200 00:59:48,425 --> 00:59:51,365 and it'll slowly happen over those 50 years. 1201 00:59:51,595 --> 00:59:55,165 What you'll see initially are the berms being established 1202 00:59:55,345 --> 01:00:00,005 as well as the rerouted public 1203 01:00:00,005 --> 01:00:01,925 drainage association tax ditch. 1204 01:00:04,465 --> 01:00:06,645 Do you have any questions for us at this time? 1205 01:00:06,905 --> 01:00:09,725 Any road improvement questions or storm water? 1206 01:00:10,235 --> 01:00:11,365 We'd be happy to answer them. 1207 01:00:13,025 --> 01:00:14,085 Yes. Tony, I have a question. 1208 01:00:14,585 --> 01:00:18,805 You, you suggested the, you know, the slow walk east? Yes. 1209 01:00:18,805 --> 01:00:21,165 Or sorry, west and and south of the property when, 1210 01:00:22,265 --> 01:00:24,995 with the exception of the rerouting of the tax disc, when 1211 01:00:26,165 --> 01:00:28,275 would we expect to see the tree clearing? 1212 01:00:28,855 --> 01:00:33,595 The tree clearing At this time they're in their phase 1213 01:00:33,705 --> 01:00:37,235 four, so they've been approved for 119 acres. 1214 01:00:37,375 --> 01:00:40,715 So they're, they're working in that additional 19 acres 1215 01:00:40,715 --> 01:00:42,355 that they were approved last year. 1216 01:00:43,135 --> 01:00:46,035 So eventually, you know, as we go through this process 1217 01:00:46,295 --> 01:00:49,435 for approvals for this phase five, they'll continue 1218 01:00:49,435 --> 01:00:54,395 to work westward for the removal 1219 01:00:54,655 --> 01:00:56,195 of those trees to the south. 1220 01:00:56,265 --> 01:00:58,555 It's really as they grow the mining pit, 1221 01:00:58,555 --> 01:01:01,875 and it depends on what direction they're going to start 1222 01:01:01,895 --> 01:01:04,675 to grow the mining pit, it's gonna be a combination of 1223 01:01:05,615 --> 01:01:08,395 dry mining and then, you know, as they get down 1224 01:01:08,395 --> 01:01:09,915 to the water level, then the, the 1225 01:01:10,815 --> 01:01:12,875 dredge will continue the mining. 1226 01:01:13,495 --> 01:01:17,395 So really it's when they want to 1227 01:01:18,135 --> 01:01:22,195 expand to the south to to be able to to, 1228 01:01:22,295 --> 01:01:24,795 So it's not necessary for initial berm construction 1229 01:01:24,815 --> 01:01:27,555 or no rerouting of the tactics. What you'll 1230 01:01:27,555 --> 01:01:30,075 See initially for the berm construction 1231 01:01:30,495 --> 01:01:32,435 as you've brought up, is they will need 1232 01:01:32,435 --> 01:01:33,755 to strip some topsoil 1233 01:01:34,135 --> 01:01:36,915 and other material in order to construct those berms. 1234 01:01:37,295 --> 01:01:39,875 And they have some room to be able to do that with, 1235 01:01:40,055 --> 01:01:42,435 you know, the existing farm fields 1236 01:01:42,505 --> 01:01:43,995 that you see open at this time. 1237 01:01:46,625 --> 01:01:48,405 So over years, years out, yes. 1238 01:01:48,405 --> 01:01:49,525 Over years without having you 1239 01:01:49,525 --> 01:01:50,685 to put a number on it, that's fine. 1240 01:01:50,715 --> 01:01:51,715 Yeah, 1241 01:01:52,995 --> 01:01:53,995 Yeah. 1242 01:01:53,995 --> 01:01:57,365 We, we, when it was approved last May 1243 01:01:57,785 --> 01:02:02,165 for the nine additional 19 acres, we approximated 1244 01:02:02,165 --> 01:02:05,165 that they had about five years left of material, 1245 01:02:05,935 --> 01:02:07,325 maybe a little bit more than that 1246 01:02:08,065 --> 01:02:09,845 and this will be the slow walk over. 1247 01:02:09,845 --> 01:02:10,965 But you still one schedule with that. 1248 01:02:11,835 --> 01:02:13,685 Yeah, that schedule would still be appropriate. Yes. 1249 01:02:14,275 --> 01:02:17,005 Yeah. And then this mining expansion will give them an 1250 01:02:17,005 --> 01:02:18,645 additional 50 as market 1251 01:02:18,905 --> 01:02:22,085 allows 50 years. 1252 01:02:28,775 --> 01:02:30,795 You guys have always done a nice job of, 1253 01:02:31,655 --> 01:02:33,515 of your berms and everything. 1254 01:02:34,205 --> 01:02:38,795 Thank you. Okay, any other questions? 1255 01:02:42,135 --> 01:02:45,715 Can I get a public hearing? 1256 01:02:46,575 --> 01:02:47,755 Oh, public comment comments? 1257 01:02:50,285 --> 01:02:55,035 We're gonna bring the Yes ma'am, 1258 01:02:59,235 --> 01:03:00,315 I introduce yourself. 1259 01:03:00,575 --> 01:03:03,515 Yes, good morning. I'm Kelly Ireland. 1260 01:03:04,155 --> 01:03:06,235 I am an adjoining property owner. 1261 01:03:06,955 --> 01:03:10,395 I own both the lot that is across the street as well 1262 01:03:10,415 --> 01:03:11,955 as the an owner 1263 01:03:12,055 --> 01:03:15,955 of the 200 acre agricultural farm across the street. 1264 01:03:17,115 --> 01:03:19,915 I have no illusions that there'll be any stopping this 1265 01:03:19,915 --> 01:03:23,915 project and I do respect that property owners have the right 1266 01:03:23,975 --> 01:03:27,075 to do things within reason with their properties, 1267 01:03:27,655 --> 01:03:30,035 but adjoining property owners should also have the right 1268 01:03:30,215 --> 01:03:33,435 to not be negatively impacted by those activities. 1269 01:03:34,375 --> 01:03:36,515 My ask is that there's a potential condition 1270 01:03:36,665 --> 01:03:40,715 that there be an honest assessment of the, that 1271 01:03:41,275 --> 01:03:45,675 actively engages adjoining landowners of the current 1272 01:03:45,695 --> 01:03:47,515 and potential impacts of the plan. 1273 01:03:47,975 --> 01:03:50,355 So we can look at ways to minimize those impacts 1274 01:03:50,415 --> 01:03:53,435 and potential risk with more in-depth considerations. 1275 01:03:53,755 --> 01:03:55,355 Specifically for noise 1276 01:03:55,355 --> 01:03:58,035 and vibrations, light pollution, 1277 01:03:58,725 --> 01:04:01,635 local air quality impacts related to dust 1278 01:04:01,635 --> 01:04:04,075 and exhaust groundwater. 1279 01:04:04,585 --> 01:04:07,475 It's a large amount of groundwater 1280 01:04:07,475 --> 01:04:10,555 that would potentially be exposed with this full expansion. 1281 01:04:11,395 --> 01:04:12,715 The impacts to our wells. 1282 01:04:13,555 --> 01:04:16,875 Looking at the long history of Biosolid application 1283 01:04:17,415 --> 01:04:19,115 on these agricultural fields 1284 01:04:19,655 --> 01:04:23,515 and any potential impacts of making that 1285 01:04:25,465 --> 01:04:27,155 exposed to groundwater. 1286 01:04:27,915 --> 01:04:29,755 We'd also like to look at the entrances, 1287 01:04:29,755 --> 01:04:31,195 both the number and location. 1288 01:04:31,485 --> 01:04:33,435 We've been talking about one entrance, 1289 01:04:33,575 --> 01:04:37,275 but there are actually more than one place that the pit is 1290 01:04:37,795 --> 01:04:38,795 accessed currently. 1291 01:04:39,815 --> 01:04:44,155 I'd also like to ask that there be impacts, attempts 1292 01:04:44,215 --> 01:04:46,995 to minimize the impacts while installing 1293 01:04:47,535 --> 01:04:48,875 the berms around the area. 1294 01:04:49,185 --> 01:04:51,875 Currently there's a significant amount of dust 1295 01:04:52,575 --> 01:04:55,675 and sediment along the roads 1296 01:04:56,215 --> 01:04:59,395 and my fear is that even just installing the measures 1297 01:04:59,455 --> 01:05:01,595 for mitigation, if we don't look at that further, 1298 01:05:01,825 --> 01:05:03,235 will create additional impacts. 1299 01:05:05,435 --> 01:05:08,115 I saw that some of the core values of Byers was 1300 01:05:08,115 --> 01:05:09,115 to always do the right thing. 1301 01:05:09,635 --> 01:05:12,435 I hope that we will have an opportunity to engage. 1302 01:05:13,085 --> 01:05:15,075 Thank you for your time and consideration. 1303 01:05:16,165 --> 01:05:16,595 Thank you. 1304 01:05:21,975 --> 01:05:23,075 Any other public comment? 1305 01:05:24,055 --> 01:05:27,925 You have anything and you didn't have anything else? I got. 1306 01:05:28,395 --> 01:05:33,325 Okay. Do 1307 01:05:33,325 --> 01:05:36,325 the commissioners have any questions? 1308 01:05:41,155 --> 01:05:42,605 Okay, Madam Chair. Yes. 1309 01:05:45,385 --> 01:05:47,965 Having considered the testimony presented 1310 01:05:47,965 --> 01:05:50,405 and having reviewed the findings outlined in the staff 1311 01:05:50,405 --> 01:05:53,685 report, be it hereby resolved that the planning commission 1312 01:05:53,755 --> 01:05:57,245 regarding the request by by Byler materials LLC 1313 01:05:57,265 --> 01:05:59,325 for concept plan approval for a 1314 01:06:00,225 --> 01:06:03,485 215.555 acre expansion 1315 01:06:03,505 --> 01:06:06,685 of an existing major extraction operation in the 1316 01:06:06,685 --> 01:06:08,205 agricultural zoning district, 1317 01:06:08,895 --> 01:06:10,805 which is more particularly described in planning 1318 01:06:10,805 --> 01:06:15,565 and zoning file SP number 26 dash oh one dash oh one seven 1319 01:06:15,625 --> 01:06:19,965 oh here finds the concept plan is consistent with the goals 1320 01:06:19,965 --> 01:06:23,485 and objectives of the Queenan County 22 comprehensive plan. 1321 01:06:24,505 --> 01:06:28,285 The concept plan is consistent with the Queen County zoning 1322 01:06:28,305 --> 01:06:29,805 and subdivision regulations. 1323 01:06:30,465 --> 01:06:32,845 I'd also like to incorporate the findings from the staff 1324 01:06:33,045 --> 01:06:34,205 report into this motion. 1325 01:06:36,065 --> 01:06:37,885 And here are the conditions. One. 1326 01:06:37,885 --> 01:06:38,965 Proper controls 1327 01:06:38,965 --> 01:06:42,245 and methods are maintained to minimize truck mud, tracting, 1328 01:06:42,245 --> 01:06:46,325 or dust plumes in dry times with wind swift suppression. 1329 01:06:47,305 --> 01:06:49,885 Two. The facilities continue to be adequately designed 1330 01:06:49,905 --> 01:06:53,125 and maintained to free dirt and debris from the wheels 1331 01:06:53,125 --> 01:06:55,725 and undercarriage of trucks prior 1332 01:06:55,745 --> 01:06:57,565 to entering Merrick Corner Road. 1333 01:06:58,455 --> 01:07:00,765 Three. All soil conservation district 1334 01:07:00,965 --> 01:07:02,005 approvals are maintained. 1335 01:07:02,955 --> 01:07:05,405 Four. The hours of operation will be consistent 1336 01:07:05,405 --> 01:07:09,485 with the approval of condition use case number B OA dash 1337 01:07:10,305 --> 01:07:13,685 one nine dash 0 4 9. 1338 01:07:14,425 --> 01:07:17,245 Any changes require, require additional approvals. 1339 01:07:18,275 --> 01:07:22,205 Five Haul trucks shall adhere to the approved haul route 1340 01:07:22,225 --> 01:07:23,525 as discussed and presented. 1341 01:07:24,385 --> 01:07:27,245 Six. The use of dredge loader haul truck 1342 01:07:27,385 --> 01:07:29,245 and excavator during daytime 1343 01:07:29,325 --> 01:07:31,725 and nighttime hours must adhere 1344 01:07:31,745 --> 01:07:34,925 to the standoff distances outlined in the outlined in the 1345 01:07:34,925 --> 01:07:39,485 staff report and in the sound study dated March 5th, 2026. 1346 01:07:40,265 --> 01:07:43,085 Number seven, material storage piles cannot exceed 1347 01:07:43,085 --> 01:07:44,245 45 feet in height. 1348 01:07:44,905 --> 01:07:48,445 Number eight, the applicant submits as-built updates 1349 01:07:48,545 --> 01:07:51,085 to the Board of Appeals and Department of Planning 1350 01:07:51,105 --> 01:07:54,045 and Zoning yearly on the anniversary of Board 1351 01:07:54,045 --> 01:07:56,725 of Appeals approval or on a schedule determined 1352 01:07:56,725 --> 01:07:57,765 by the Board of Appeals. 1353 01:07:59,265 --> 01:08:01,045 Number nine. The applicant agrees 1354 01:08:01,045 --> 01:08:03,085 to an annual inspection 10. 1355 01:08:03,625 --> 01:08:05,965 All State permits are in place prior 1356 01:08:06,045 --> 01:08:08,005 to final permitting by Queen Ens County. 1357 01:08:08,865 --> 01:08:12,525 11. Any document, any legal documents are approved 1358 01:08:13,025 --> 01:08:15,125 and reviewed by the Planning commission attorney. 1359 01:08:16,665 --> 01:08:19,085 12. Any future mining phases 1360 01:08:19,185 --> 01:08:22,005 or changes to the end use plan must return 1361 01:08:22,025 --> 01:08:25,245 to the planning Commission for a recommendation to the Board 1362 01:08:25,245 --> 01:08:27,605 of Appeals for an amendment to the conditional use. 1363 01:08:28,805 --> 01:08:32,165 13. Any and all financial assurities for reclamation 1364 01:08:32,925 --> 01:08:35,245 landscaping, stormwater management 1365 01:08:35,265 --> 01:08:37,525 and enforcement, et cetera, are in place 1366 01:08:37,545 --> 01:08:39,205 before final permits are granted. 1367 01:08:40,765 --> 01:08:44,165 14. There shall be no truck parking on Merrick Corner Road, 1368 01:08:44,705 --> 01:08:47,125 no stacking or parking outside of the gate. 1369 01:08:47,625 --> 01:08:51,205 No Jake brakes and no tailgate slamming either on onsite 1370 01:08:51,205 --> 01:08:52,605 or on the public road. 1371 01:08:53,265 --> 01:08:55,565 The applicant shall post a sign with a notice 1372 01:08:55,595 --> 01:08:57,085 regarding these restrictions. 1373 01:08:57,995 --> 01:08:59,885 15. Any requirements 1374 01:08:59,985 --> 01:09:02,605 by the Queen Anne's County Roads Department must be 1375 01:09:02,925 --> 01:09:04,325 satisfactorily addressed. 1376 01:09:05,315 --> 01:09:08,005 16 Conditions of approval for the relocation 1377 01:09:08,005 --> 01:09:11,965 of the tax ditch found in the letter from the Caroline Soil 1378 01:09:11,965 --> 01:09:15,885 Conservation District dated November 10th, 2025 and 1379 01:09:16,165 --> 01:09:17,925 provided in the staff report must be 1380 01:09:18,285 --> 01:09:19,365 satisfactorily addressed. 1381 01:09:20,725 --> 01:09:22,725 17. Any outstanding documentation 1382 01:09:22,825 --> 01:09:26,485 or comments stemming from agency reviews are addressed prior 1383 01:09:26,505 --> 01:09:30,005 to Board of Appeals submittal. 1384 01:09:31,085 --> 01:09:32,125 18. The applicant 1385 01:09:32,145 --> 01:09:35,485 and the Department of Public Works must reach a satisfactory 1386 01:09:35,485 --> 01:09:38,085 public works agreement prior to Board 1387 01:09:38,085 --> 01:09:39,445 of Appeals application. 1388 01:09:41,045 --> 01:09:43,945 And having considered the testimony presented 1389 01:09:43,945 --> 01:09:46,665 and having reviewed the findings outlined in the staff 1390 01:09:46,665 --> 01:09:50,145 report, be it hereby resolve that the planning commission 1391 01:09:50,255 --> 01:09:53,385 regarding the request by Byler materials LLC 1392 01:09:53,485 --> 01:09:56,945 for a 215.555 acre expansion 1393 01:09:57,485 --> 01:10:01,025 of an existing major extraction operation in agricultural 1394 01:10:01,025 --> 01:10:03,865 zoning district, which is more particularly described 1395 01:10:03,865 --> 01:10:05,225 in planning and zoning file. 1396 01:10:05,765 --> 01:10:10,385 SP 26 dash oh one dash oh one seven oh hereby 1397 01:10:10,385 --> 01:10:13,465 forwards a favorable recommendation, recommendation 1398 01:10:13,465 --> 01:10:17,945 to the Board of Appeals under sections 18, one dash 14 1399 01:10:18,745 --> 01:10:22,625 C seven and 18 one dash 95 E. 1400 01:10:23,885 --> 01:10:27,305 Second We have a first, the second. 1401 01:10:29,925 --> 01:10:32,025 All in favor. Excuse me, Madam Chair, under 1402 01:10:32,025 --> 01:10:33,025 Discussion? 1403 01:10:33,025 --> 01:10:37,025 Yes. Discussion. First in light of Ms. 1404 01:10:37,025 --> 01:10:39,905 Ireland, was it public comments? 1405 01:10:40,525 --> 01:10:43,385 I'd like to suggest an, an additional 1406 01:10:44,535 --> 01:10:48,265 condition onto Commissioner de Otis's motion 1407 01:10:48,775 --> 01:10:51,905 that the applicant engaged the surrounding citizens 1408 01:10:51,925 --> 01:10:54,185 to address any potential concerns to their, 1409 01:10:55,565 --> 01:10:58,785 to their, to their, to. 1410 01:10:58,785 --> 01:11:03,575 Let's see what I wanna phrase this to, to, to hear the, 1411 01:11:03,755 --> 01:11:05,175 to meet with local citizens, 1412 01:11:05,455 --> 01:11:06,935 adjoining neighbors specifically 1413 01:11:07,675 --> 01:11:09,095 to understand their concerns 1414 01:11:09,095 --> 01:11:10,255 and do their best to address them. 1415 01:11:12,615 --> 01:11:15,725 So could we get a motion to amend the motion on the floor 1416 01:11:15,825 --> 01:11:17,685 to include that additional condition? 1417 01:11:18,185 --> 01:11:19,765 We can accept that as a friendly amendment. 1418 01:11:20,265 --> 01:11:21,925 Can we not do what? 1419 01:11:21,985 --> 01:11:24,525 Accept that as a friendly amendment under Robert's rules? 1420 01:11:24,835 --> 01:11:26,565 Well, you should still, because there's a motion on the 1421 01:11:26,565 --> 01:11:29,125 floor that hasn't been voted on yet. 1422 01:11:29,995 --> 01:11:32,805 Move to amend that motion and then you could all vote on it. 1423 01:11:33,125 --> 01:11:38,085 I, if I may inject, I I listen to the citizen's 1424 01:11:38,845 --> 01:11:40,005 testimony, you know, adequate, 1425 01:11:40,025 --> 01:11:43,325 but I'm, my thought was going to, that would be more 1426 01:11:43,325 --> 01:11:45,525 of a planning and zoning requirement across the board, 1427 01:11:45,585 --> 01:11:47,645 not just to this particular project. 1428 01:11:47,835 --> 01:11:51,005 Like I'm, I'm not really sure I should, that I'm, 1429 01:11:51,645 --> 01:11:53,645 I I would be willing to make it a condition 1430 01:11:53,645 --> 01:11:55,965 of this particular project, rather. 1431 01:11:56,285 --> 01:11:58,085 I think it's a discussion with planning and zoning 1432 01:11:58,425 --> 01:12:01,845 or the county on, on projects of this type 1433 01:12:01,865 --> 01:12:04,045 or magnitude across the board. 1434 01:12:04,185 --> 01:12:05,885 So that's my feeling on this. 1435 01:12:08,255 --> 01:12:12,555 And most of her, my thoughts were that most of her 1436 01:12:13,275 --> 01:12:16,635 concerns appear to have been handled in the 17th 1437 01:12:16,635 --> 01:12:17,635 Place. 1438 01:12:17,635 --> 01:12:18,035 I I was thinking about that as I was 1439 01:12:18,035 --> 01:12:19,075 reading them as well and 18 1440 01:12:19,075 --> 01:12:19,875 Point. Some of them, 1441 01:12:20,575 --> 01:12:21,575 I'm, I'm sorry. 1442 01:12:21,575 --> 01:12:22,555 I'm sure not allowed to speak, 1443 01:12:22,735 --> 01:12:25,755 but I think that the reports were done without any, 1444 01:12:26,695 --> 01:12:30,235 any engagement or the ability to ground truth. 1445 01:12:30,385 --> 01:12:31,555 Some of those findings. 1446 01:12:31,795 --> 01:12:34,875 I wanna be a good neighbor, I wanna have good neighbors. 1447 01:12:36,295 --> 01:12:38,075 The sound report, for example, 1448 01:12:38,455 --> 01:12:40,635 we can hear the sounds at night. 1449 01:12:40,815 --> 01:12:43,075 So it being 50 decibels, 1450 01:12:43,105 --> 01:12:46,035 just a conversation at the property line, 1451 01:12:46,705 --> 01:12:49,435 depending on weather conditions cannot be true. 1452 01:12:50,175 --> 01:12:51,315 I'm sure that it was tested 1453 01:12:51,575 --> 01:12:54,395 and that was the case at some amount of operation, 1454 01:12:54,975 --> 01:12:57,475 but there's lights and sounds throughout the night 1455 01:12:58,135 --> 01:12:59,595 and just an opportunity 1456 01:12:59,735 --> 01:13:02,515 to engage the way the process is currently set up. 1457 01:13:03,575 --> 01:13:05,155 The public notice at the end 1458 01:13:05,155 --> 01:13:07,355 of the road was my first opportunity 1459 01:13:07,495 --> 01:13:09,315 to know this could be engaged with, 1460 01:13:09,775 --> 01:13:12,755 and the stamp report was already directed by that point. 1461 01:13:13,585 --> 01:13:16,125 So, and I apologize for being 1462 01:13:19,185 --> 01:13:20,405 No, and I think it was clear Ms. 1463 01:13:20,405 --> 01:13:22,685 Ar, Ms. Ms. Ireland, when you made your testimony 1464 01:13:22,685 --> 01:13:24,325 that you are not necessarily opposed 1465 01:13:24,465 --> 01:13:26,445 to this from a property rights perspective, 1466 01:13:26,515 --> 01:13:27,965 it's just you'd like to be included 1467 01:13:28,865 --> 01:13:30,845 in progress as it's made. 1468 01:13:31,135 --> 01:13:33,125 We've definitely impacted my property 1469 01:13:33,265 --> 01:13:36,565 and my property use are impacted by this 1470 01:13:36,565 --> 01:13:37,565 Project. 1471 01:13:37,565 --> 01:13:38,765 Yeah. I'm sorry, we're not really supposed to be q 1472 01:13:38,765 --> 01:13:41,165 and a with you, but appreciate your testimony. 1473 01:13:41,755 --> 01:13:46,455 Okay. Have you ever made any complaints to the 1474 01:13:47,315 --> 01:13:49,775 zoning department or has anyone 1475 01:13:49,775 --> 01:13:50,855 ever made any, say opinion and 1476 01:13:50,855 --> 01:13:51,855 Zoning? 1477 01:13:51,855 --> 01:13:55,575 No. Since we're engaging, I said I want it to be a good 1478 01:13:55,875 --> 01:13:56,875 No, I understand. 1479 01:13:56,995 --> 01:14:00,575 And that I'm not trying to be argument my intention, 1480 01:14:00,915 --> 01:14:03,495 But there is a difference between, you know, 1481 01:14:03,495 --> 01:14:07,575 this is gonna be 17 years initially, unless Brent 1482 01:14:07,575 --> 01:14:09,215 and Barrett and it'll be over 1483 01:14:09,835 --> 01:14:14,245 and now expanding to 49 years additional, 1484 01:14:14,555 --> 01:14:18,085 it's a lot of water on top of a lake is 60 acres. 1485 01:14:18,835 --> 01:14:22,405 This is gonna be 3 28. I'm, 1486 01:14:22,945 --> 01:14:24,445 I'm concerned that The impacts 1487 01:14:24,445 --> 01:14:25,445 Haven't. 1488 01:14:25,445 --> 01:14:27,845 Okay. We've heard, we've heard. Thank you have, well, 1489 01:14:27,905 --> 01:14:30,965 Can I ask one question in the same vein, 1490 01:14:31,105 --> 01:14:33,485 do you allow tailgate slamming in on your property? 1491 01:14:34,065 --> 01:14:35,365 Do you have people that violate it? 1492 01:14:36,975 --> 01:14:39,035 Not to my knowledge. I mean, I'm not saying not, 1493 01:14:39,345 --> 01:14:41,635 it's not ever happened, but certainly we will get rid of it 1494 01:14:42,165 --> 01:14:43,835 Every effort To make sure it doesn't happen. 1495 01:14:44,155 --> 01:14:45,155 Absolutely. Absolutely. It was trapped 1496 01:14:45,155 --> 01:14:46,115 On the road. 1497 01:14:46,115 --> 01:14:50,165 Sounds like it might be happening. Sorry, I have a question. 1498 01:14:50,265 --> 01:14:51,725 How long has Byler been in, 1499 01:14:52,065 --> 01:14:55,525 in existence 1500 01:14:56,345 --> 01:14:58,205 In the, as far as in Queen Anne County? 1501 01:14:58,205 --> 01:14:59,845 At the mine or in total? In, 1502 01:14:59,985 --> 01:15:01,365 In, in Queen Anne County. 1503 01:15:01,825 --> 01:15:05,885 So we bought into the mine in 2013. 1504 01:15:07,325 --> 01:15:10,265 Was the mine there prior to it? Was there prior? Yes. 1505 01:15:10,335 --> 01:15:11,745 Okay. Do you know when it started? 1506 01:15:12,585 --> 01:15:15,385 I believe it was 2007. It was around there. 1507 01:15:15,925 --> 01:15:18,625 That's when it was created? Yeah. Correct. 1508 01:15:20,765 --> 01:15:21,055 Okay. 1509 01:15:25,925 --> 01:15:26,145 So 1510 01:15:26,475 --> 01:15:30,145 Right now, just procedure, there's a motion on the floor. 1511 01:15:30,235 --> 01:15:32,825 There was a motion to amend. It sounds like it wasn't 1512 01:15:32,825 --> 01:15:33,825 Seconded. 1513 01:15:33,825 --> 01:15:34,745 So I get a second to the amend. 1514 01:15:38,065 --> 01:15:40,975 Okay, let's go back with the motion. 1515 01:15:41,315 --> 01:15:44,335 Can I, I have a first and a second. 1516 01:15:45,685 --> 01:15:48,705 Can we vote please? All in favor? Oh, wait a minute. 1517 01:15:48,725 --> 01:15:50,625 Rob, you have something? There's 1518 01:15:52,085 --> 01:15:53,305 Two things you have to vote on. 1519 01:15:53,305 --> 01:15:56,705 Just FYI, the concept plan approval 1520 01:15:57,405 --> 01:15:59,025 and then separately recommendations. 1521 01:16:00,485 --> 01:16:01,485 Ms. De Otis, 1522 01:16:02,205 --> 01:16:03,945 She combined, if I read right, I 1523 01:16:03,945 --> 01:16:05,065 Just think you need to vote on both 1524 01:16:05,065 --> 01:16:06,345 of those separately. Okay. 1525 01:16:06,855 --> 01:16:10,225 Alright, we're gonna go with the first one, okay? Okay. 1526 01:16:10,365 --> 01:16:14,545 For the 18. Okay, so I have to read 1527 01:16:15,245 --> 01:16:16,245 All of that again? 1528 01:16:16,565 --> 01:16:19,425 No, just the last one. We'll, we'll do that separately. 1529 01:16:19,575 --> 01:16:20,575 Okay. 1530 01:16:21,365 --> 01:16:26,105 No, I think just to clarify, you can keep your motion to 1531 01:16:26,735 --> 01:16:30,425 find the con concept plan consistent with the 1532 01:16:31,065 --> 01:16:33,345 comprehensive plan and Queen AIDS county zoning 1533 01:16:33,365 --> 01:16:36,145 and subdivision regulations subject to the 18 conditions. 1534 01:16:36,695 --> 01:16:40,145 Vote on that and then make a motion on the favorable 1535 01:16:40,145 --> 01:16:42,345 or unfavorable recommendation to the Board of Appeals. 1536 01:16:42,415 --> 01:16:44,785 Okay. You don't have to read it. Okay. Thank, thank you. 1537 01:16:44,785 --> 01:16:49,305 Correct. Okay. So we have a motion, we second 1538 01:16:49,345 --> 01:16:52,355 Motion we have a second for the 18. Correct. 1539 01:16:52,785 --> 01:16:54,355 With con concept Plan approval. 1540 01:16:54,355 --> 01:16:56,155 You have a motion right now for concept plan approval 1541 01:16:56,155 --> 01:16:58,595 with the 18 conditions and a second. Okay. 1542 01:16:59,455 --> 01:17:03,715 All in favor? Aye. Aye. Any opposed? A Okay. 1543 01:17:04,255 --> 01:17:05,595 And lemme just read this again. Okay. 1544 01:17:05,595 --> 01:17:07,075 So we'll you gonna read that for second one. 1545 01:17:08,235 --> 01:17:10,005 Having considered the testimony presented 1546 01:17:10,005 --> 01:17:12,285 and having reviewed the findings outlined in the staff 1547 01:17:12,285 --> 01:17:15,365 report, be it hereby resolved that the planning commission 1548 01:17:15,365 --> 01:17:18,565 regarding the request by Byler materials LLC 1549 01:17:18,945 --> 01:17:22,365 for a 215.555 acre expansion 1550 01:17:22,365 --> 01:17:25,605 of an existing major extraction operation in the 1551 01:17:25,605 --> 01:17:26,925 agricultural zoning district, 1552 01:17:27,175 --> 01:17:29,085 which is more particularly described 1553 01:17:29,085 --> 01:17:30,165 in planning and zoning file. 1554 01:17:30,505 --> 01:17:35,125 SP number 26 dash zero one dash 0 1 7 0 1555 01:17:35,305 --> 01:17:38,365 hereby four is a favorable recommendation to the Board 1556 01:17:38,365 --> 01:17:42,645 of Appeals under sections 18 1 14 C seven 1557 01:17:42,665 --> 01:17:46,445 and 18 one dash 95 E 1558 01:17:47,705 --> 01:17:48,705 Second. 1559 01:17:48,905 --> 01:17:50,565 All in favor? Aye. Aye. 1560 01:17:51,345 --> 01:17:53,645 And just as a FYI 1561 01:17:53,905 --> 01:17:57,645 or for you, it would be nice if you talk to your neighbors. 1562 01:17:57,815 --> 01:17:59,605 We'll certainly do that. Absolutely. We'll engage with that. 1563 01:17:59,605 --> 01:18:03,365 That's great. Yeah, that's great. Any opposed? Opposed? 1564 01:18:03,995 --> 01:18:08,645 Okay with that Ben was opposed too, just so you 1565 01:18:08,645 --> 01:18:09,765 Know. Not opposed 1566 01:18:10,185 --> 01:18:11,185 Oh, are you? 1567 01:18:11,185 --> 01:18:13,205 Yeah. To go to the Board of Appeals to go to the Board of 1568 01:18:13,205 --> 01:18:15,005 Appeals to make a, to make a favorable 1569 01:18:15,005 --> 01:18:16,565 recommendation to the Board of Appeals. 1570 01:18:16,715 --> 01:18:18,645 There's already a condition on the application 1571 01:18:18,645 --> 01:18:20,085 that they can't have the Board of Appeals hearing 1572 01:18:20,295 --> 01:18:24,285 until this agreement is resolved. Did 1573 01:18:24,285 --> 01:18:25,285 This Say that again? 1574 01:18:26,215 --> 01:18:29,245 There is already a condition on the concept plan 1575 01:18:29,245 --> 01:18:31,805 application that they cannot proceed to the Board of Appeals 1576 01:18:31,815 --> 01:18:34,485 until the Public Works agreement matter is 1577 01:18:34,565 --> 01:18:35,685 mutually resolved. 1578 01:18:36,365 --> 01:18:40,365 I understand that, but I was under the impression 1579 01:18:40,365 --> 01:18:43,045 that at some point we're gonna include this acknowledgement 1580 01:18:43,045 --> 01:18:47,685 of the citizens' observations in a more formal fashion. 1581 01:18:48,385 --> 01:18:50,645 And perhaps procedurally I've made a mistake 1582 01:18:51,745 --> 01:18:54,605 and didn't get that in, in the original motion. 1583 01:18:55,655 --> 01:18:58,325 There was a motion to amend my motion to add that. 1584 01:18:58,665 --> 01:18:59,805 And it, it didn't get, 1585 01:18:59,865 --> 01:19:01,005 it didn't pass. It didn't get a second. 1586 01:19:01,065 --> 01:19:03,405 We didn't get a second. We didn't get a second. Okay. 1587 01:19:03,505 --> 01:19:06,725 You, you could certainly on your vote 1588 01:19:06,785 --> 01:19:08,605 for the favorable consideration to the Board 1589 01:19:08,605 --> 01:19:11,565 of Appeals express some of your concerns. 1590 01:19:11,915 --> 01:19:14,245 Well, I'd like to do that, please. 1591 01:19:14,345 --> 01:19:17,805 In that I would hope that we could 1592 01:19:19,545 --> 01:19:22,125 in the future include wording 1593 01:19:22,315 --> 01:19:25,325 that makes it clear in these approvals that the 1594 01:19:26,035 --> 01:19:28,125 applicant has to speak to the neighbors 1595 01:19:29,275 --> 01:19:30,325 when this has been raised. 1596 01:19:30,385 --> 01:19:31,525 Now this is for futures. 1597 01:19:31,565 --> 01:19:33,605 I don't see it as a condition on this approval, 1598 01:19:33,825 --> 01:19:37,285 but I support Commissioner Lay in 1599 01:19:38,225 --> 01:19:41,885 making sure that the citizens' comments are acknowledged 1600 01:19:41,885 --> 01:19:42,965 by the planning commission 1601 01:19:44,105 --> 01:19:47,285 And, and I I express in, in declining to amend my emotion. 1602 01:19:47,605 --> 01:19:49,165 I I feel like it's not something 1603 01:19:49,165 --> 01:19:51,485 that should be case specific to this project, 1604 01:19:51,625 --> 01:19:53,045 but rather a broader planning 1605 01:19:53,045 --> 01:19:55,605 and zoning. Do you know what I'm saying? 1606 01:19:56,485 --> 01:19:57,525 I understand that. I would've gone 1607 01:19:57,525 --> 01:19:59,645 with both saying it's okay to do it here 1608 01:19:59,745 --> 01:20:01,685 and let's get to work on a underlying 1609 01:20:01,685 --> 01:20:02,685 Understood. 1610 01:20:03,025 --> 01:20:05,245 So just to clarify for the record, 1611 01:20:05,825 --> 01:20:09,765 we have favorable concept plan approval, which was a vote 1612 01:20:09,765 --> 01:20:13,405 of four to one and a favorable recommendation to the Board 1613 01:20:13,405 --> 01:20:16,365 of Appeals, which was a vote of three to two. Yes. 1614 01:20:16,365 --> 01:20:18,005 Correct. Right. Okay. 1615 01:20:23,285 --> 01:20:26,135 Four, four to two. Say four to two. Okay. 1616 01:20:26,205 --> 01:20:29,255 Yeah, I was gonna say, yeah, I was gonna say, 1617 01:20:29,315 --> 01:20:30,335 let me count that again. 1618 01:20:31,655 --> 01:20:35,935 I don't do math. You know, Five isn't 1619 01:20:36,365 --> 01:20:38,615 Five to one and four to two. 1620 01:20:39,115 --> 01:20:41,815 The seven people. Well you I don't vote. 1621 01:20:42,495 --> 01:20:43,815 I don't Unless over time chair 1622 01:20:43,815 --> 01:20:44,935 because it shouldn't need to break a talk. 1623 01:20:45,785 --> 01:20:47,535 Right, right. At least that's 1624 01:20:47,535 --> 01:20:48,575 What she told me last Meeting. 1625 01:20:48,665 --> 01:20:50,695 Right. Going off that premise. 1626 01:20:50,715 --> 01:20:54,015 That's what it's any public comment. 1627 01:20:56,325 --> 01:20:58,055 Nothing. Okay. Well 1628 01:20:58,055 --> 01:20:59,815 Just, just to be clear, that was, so that was the end. 1629 01:21:00,275 --> 01:21:02,335 The public comment you just asked for was 1630 01:21:02,395 --> 01:21:03,655 for generic public comment 1631 01:21:03,655 --> 01:21:04,655 At the end of the meeting. 1632 01:21:04,655 --> 01:21:06,135 Yes. Generic public comment. So 1633 01:21:06,775 --> 01:21:09,095 I, I actually would like to comment on Ben's comment. 1634 01:21:09,475 --> 01:21:12,415 You know, I look at this forum here, 1635 01:21:12,415 --> 01:21:15,335 this venue here right now, to be the opportunity 1636 01:21:15,595 --> 01:21:18,575 for the people to engage with the owners of the properties. 1637 01:21:19,655 --> 01:21:22,175 I question, I'm not saying it's 1638 01:21:22,175 --> 01:21:23,295 bad to meet with the community. 1639 01:21:23,415 --> 01:21:25,895 I think you should maybe, but to what end, 1640 01:21:26,915 --> 01:21:29,935 you know, miss Island. 1641 01:21:30,045 --> 01:21:32,615 Nice, nice lady. Right. Very respectful. 1642 01:21:32,775 --> 01:21:35,255 I mean, I, and I, I know your family, who you are, 1643 01:21:37,315 --> 01:21:39,815 but all the 1644 01:21:40,475 --> 01:21:42,815 jabber John in the world isn't probably gonna change her 1645 01:21:42,815 --> 01:21:45,575 mind about what's going on there. 1646 01:21:45,595 --> 01:21:47,535 And I'm not trying to put words in your 1647 01:21:47,535 --> 01:21:49,015 mouth, that's all I understand. 1648 01:21:49,155 --> 01:21:51,855 I'm just, I just question to what end. 1649 01:21:52,345 --> 01:21:53,575 Those things really work. 1650 01:21:53,915 --> 01:21:57,135 You know, here's the venue right now, we're all sitting here 1651 01:21:58,105 --> 01:21:59,405 taking this stuff in. 1652 01:22:00,325 --> 01:22:01,785 You have an opportunity to speak your 1653 01:22:01,785 --> 01:22:02,865 mind, bring your friends in. 1654 01:22:03,185 --> 01:22:04,745 Quantity counts. Apparently. 1655 01:22:05,085 --> 01:22:08,745 I'm the only one at, yeah. Yeah. Okay. 1656 01:22:09,765 --> 01:22:14,465 That's all I'm gonna say. I guess I'd see it the other side 1657 01:22:14,465 --> 01:22:16,665 saying it can't possibly hurt. 1658 01:22:16,835 --> 01:22:21,525 Right? Yeah. Okay. 1659 01:22:22,715 --> 01:22:26,525 Alright. Can I get a motion? You have a motion to adjourn? 1660 01:22:27,305 --> 01:22:30,605 Can I get a second? Second. All in favor? Aye. Aye. 1661 01:22:32,185 --> 01:22:32,685 So moved.