Agenda
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[0:09]
To order the Queen Annes County Planning Commission
[0:12]
for Thursday, June 11th, 2026.
[0:15]
And we'll start with the Pledge of Allegiance.
[0:19]
I pledge allegiance to the flag
[0:21]
of the United States of America
[0:24]
to the Republic for which it stands.
[0:27]
One nation under God, indivisible, liberty,
[0:31]
and justice for all.
[0:42]
Okay. Public comment
[0:47]
there being none.
[0:48]
You have anything? No. Okay.
[0:51]
Updates, legislation and legal matters. Amy and Stephanie.
[1:05]
All right, Good morning. Good
[1:07]
Morning. Morning. So
[1:08]
I have quite a few updates for you
[1:10]
regarding text amendments that you've seen yourself.
[1:12]
Stephanie Jones, long range principle planner, sorry,
[1:15]
text amendments that you've seen in the last two months.
[1:17]
So it might take a bit, but we'll get through it.
[1:20]
The commissioners this past Tuesday did have many
[1:23]
of those on there for actions.
[1:26]
So 26 0 4, which was to add boat sales
[1:29]
and repair to Mars to the list of uses
[1:32]
that could occupy more than 65,000 square feet
[1:36]
in the airport protection.
[1:37]
Ken Island Gateway District, they did approve that
[1:40]
and that will become effective July 25th also as well.
[1:45]
And these next two as well were approved
[1:48]
and will become effective.
[1:49]
The same date as I just mentioned, 26 0 7,
[1:52]
which was specific to the WVC, which was
[1:55]
to increase the floor area ratio to 40% that was approved.
[1:59]
And then also 26 0 8, also in the wfe WVC,
[2:04]
which was to allow commercial apartments essentially to move
[2:07]
that commercial apartment onto any other same floor
[2:11]
was adopted and then will become effective on July 25th.
[2:14]
So those were three that were voted on.
[2:17]
Also 20 citizen sponsored text amendments.
[2:19]
And then 26 12, which was the update to forest conservation,
[2:23]
the commissioners did approve that.
[2:24]
They also did approve it with an amendment.
[2:27]
That amendment was to address, essentially
[2:30]
to address solar projects that were to come in
[2:34]
and essentially might be located on forested properties.
[2:37]
That amendment specifically what it says is
[2:40]
for properties larger than 25 acres that have 50%,
[2:43]
that are 50% forested
[2:45]
and include priority areas are not allowed
[2:48]
to clear more than 20% of the, of the forest.
[2:52]
All the A forestation is to be accomplished onsite
[2:54]
or offsite fee and lie will not be accepted.
[2:57]
And then a higher a forestation rate,
[2:59]
which will be one and a half to one.
[3:01]
So that was the amendment. Sorry,
[3:03]
Stephanie, what's the, you said other proposals in there
[3:07]
somewhere in mid-sentence, what
[3:10]
Was it regarding what they can
[3:11]
or their conditions or, yeah,
[3:13]
You said there was other, there was a vague term in
[3:16]
there. Sorry.
[3:18]
From priority properties larger than 25 priority areas.
[3:21]
What? What? Oh, priority areas. Okay.
[3:23]
So those are listed in the code essentially.
[3:25]
Those are some environmental, they include areas
[3:29]
that might be your endangered species areas.
[3:31]
Okay. Areas that kind of already,
[3:35]
I designated forested interior dwelling birds.
[3:38]
So if there's two or more of those on the property,
[3:40]
then this would be subject as long as it's over 25 acres
[3:44]
and 50% forested.
[3:45]
Thanks. So essentially this is to assist with
[3:48]
what would be those properties that might be solar.
[3:50]
Correct. And have forested lands that is,
[3:56]
was adopted and it will beco become effective July one as
[4:00]
that's the date of the effective for forest conservation.
[4:04]
The commissioners, that was the legislative actions
[4:08]
that were approved on Tuesday night.
[4:11]
There were two that will be sent back to you.
[4:14]
This was the 26 0 9 and 26 10.
[4:17]
This was the non-contiguous
[4:19]
and TDR administrative subdivision specific to open space.
[4:24]
The commissioners proposed an amendment
[4:26]
and that essentially is to prohibit those uses
[4:29]
that are non-agricultural on those properties
[4:32]
that would come in and basically have an
[4:35]
approved lot line adjustment.
[4:36]
And those uses are specific to minor extractions,
[4:39]
public recreation, shooting clubs, and outdoor recreation.
[4:43]
So those are uses
[4:44]
that are permitted in open space at this time.
[4:46]
But if a property owner was to have a lot line adjustment
[4:50]
approved, if this amendment is to go forward,
[4:54]
then it would be, they would not be able
[4:56]
to do those uses on those, those that open space property.
[5:00]
So it'll come back to you for your July meeting
[5:02]
for a recommendation back to the county commissioners.
[5:06]
And then two more, there'll be a public hearing,
[5:10]
two public hearings on June 30th, and that is for 26 0 6.
[5:14]
And that's the suburban commercial of impervious up to 80%
[5:18]
for your commercial and industrial uses.
[5:21]
That exists as, as of December 31st.
[5:23]
And then 26 0 5, which is the gas station tax amendment
[5:28]
to change the measurement
[5:29]
and where the measurement is taken.
[5:31]
That public hearing will also be on June 30th.
[5:35]
That meeting is a week following the, the normal date
[5:39]
because the committee, they've moved that meeting
[5:40]
because of the primary election, which was
[5:43]
to take place on that same day.
[5:45]
Sure. One other thing, I wanted to address these, that's all
[5:49]
for text amendments,
[5:50]
but we did talk a little bit last time about bills
[5:55]
that were passed, essentially this past session.
[5:59]
One, I wanted to bring up that
[6:01]
and kind of clarify a little bit, is the one
[6:03]
that was specific to the comp plan.
[6:05]
We did have some questions over what really
[6:07]
that meant for the comp plan.
[6:10]
I kind of wanna take a step backwards
[6:11]
to the 25 general session.
[6:15]
General assembly session.
[6:17]
There was a bill passed essentially that changed the outline
[6:22]
of a comp plan from 12 visions to eight principles.
[6:25]
And those principles are land, transportation,
[6:28]
housing economy, equity, resilience, resilience
[6:32]
and place in ecology.
[6:35]
So the one question was specific to equity
[6:37]
and what that kind of meant for the comp plan.
[6:41]
That 25 bill basically identifies equity
[6:44]
as engage all sectors of the community in plan development
[6:48]
to ensure diverse voices are heard
[6:50]
and that needs of undeserved,
[6:52]
underserved populations are prioritized.
[6:55]
So then in this past 26 session, they kind of went on
[6:59]
and elaborated on what had
[7:01]
to be put into the comprehensive plan, specific
[7:04]
to all of those principles.
[7:06]
And then specific to the equity portion,
[7:10]
what it says is that the needs of overburdened
[7:15]
and underserved communities need to be addressed as well
[7:17]
as interest of populations in the county
[7:19]
that typically have not
[7:21]
participated in the planning process.
[7:22]
So they want to try to have more people essentially
[7:25]
kind of involved in the process.
[7:28]
The equity element also shall include report,
[7:32]
shall include information from the report
[7:34]
of the Commission on Environmental Justice
[7:36]
and Sustainable Communities, which is a report
[7:38]
that's completed every year through MDE as well.
[7:44]
MDP, Maryland Department of Planning is required
[7:46]
to provide information to the county, which we kind
[7:50]
of already go out and grab the information that's needed.
[7:53]
But this is them kind of saying we have
[7:55]
to provide you with that information.
[7:57]
And then there's also a portion that indicates
[8:00]
what the element may include.
[8:02]
So those are essentially aren't a,
[8:04]
that's not a shall statement, it's a may,
[8:06]
but that includes promote a broader civic engagement in the
[8:09]
public decision making process, address health risk
[8:13]
and environmental problems in overburden
[8:15]
and underserved communities and prioritize improvements
[8:18]
and programs that address the needs of overburdened
[8:20]
and underserved communities.
[8:21]
So this past bill really what it says, this is
[8:26]
what we have to do, and then a portion
[8:28]
of this is kind of a may statement.
[8:30]
So that's kind of where the equity portion is.
[8:33]
If you have any other questions, I can answer them now.
[8:38]
What, what if any impact does
[8:40]
that have in in the comprehensive plan that we've already,
[8:44]
The one that's been completed, formulated
[8:45]
And, and So we don't have to go in
[8:48]
and change our comp plan right now.
[8:50]
We would have to address it with the next comp plan next.
[8:53]
Okay. Yep. Wanna make
[8:54]
Sure within the next comp plan or bef
[8:56]
or at the next comp plan at the next, when,
[8:59]
when we do the next Okay.
[9:00]
Comp plan. Yep. Thanks. Thank you.
[9:04]
Just like 10 years out, no less than that. It's
[9:07]
Closer than you think.
[9:08]
It was approved in 22, so come on.
[9:12]
I I, I, I know. I'm sorry. I'm sorry.
[9:17]
And it's like it was a year ago. Yeah, right. Exactly.
[9:22]
Yeah. Yep.
[9:24]
So I have lighter updates.
[9:25]
I wanna let you know about some of the initiatives
[9:29]
that staff is involved in.
[9:31]
One is I've been really excited about,
[9:33]
and it's pertinent to our update
[9:37]
to the forest conservation plan.
[9:39]
Just to let you know that we have traditionally collected
[9:43]
fee in lieu for forest conservation,
[9:45]
but it's very difficult to find projects where we can spend
[9:48]
that fee in lie money
[9:50]
because it has to be on public land. So what
[9:53]
Are you doing with it?
[9:54]
So here's what we're doing with it.
[9:56]
We have collaborated with the town of Centerville.
[10:01]
Mike Whitehill is, was working with the YMCA
[10:06]
on the, their and their buffer enhancement plan.
[10:10]
That was a part of their site plan update and approval.
[10:16]
We have collaborated with them
[10:18]
to utilize our forest conservation funding to create
[10:24]
a, a forested area on the YMCA property,
[10:28]
which is public property.
[10:31]
And at the same time we're working with the Department
[10:34]
of Parks and Rec
[10:35]
and DPW to implement a trail system
[10:40]
that will run through county properties.
[10:44]
Certainly we're going to start with the YMCA property within
[10:47]
that forested area,
[10:49]
but as a part of that project, we're going to expand that
[10:55]
walking trail to include all of the county properties
[10:59]
and the Board of ed property.
[11:01]
And while the annexation project has been approved,
[11:06]
and as that project comes to fruition, being mindful
[11:11]
of connectivity between that new development
[11:16]
and hopefully connecting
[11:17]
with the town's Millstream Trail Mill Street Trail.
[11:22]
So that is a project that Rob Gunter
[11:25]
and Doug Summers have been managing
[11:29]
and then expanding that management
[11:31]
to include other agencies when
[11:33]
the trail system was added to the project.
[11:36]
So that is one of the best case scenarios
[11:39]
for implementing our forest conservation fee and lie dollars
[11:44]
because it really will serve the, the community.
[11:46]
So I don't know when we're going to start that.
[11:52]
We are going To attempt to have trees in the ground
[11:57]
before or by December.
[12:01]
They gotta get at least the base of the trail in.
[12:04]
So that trail work doesn't destroy trees
[12:07]
that we just put in the ground
[12:08]
and then we have to replant them.
[12:11]
That timeline's pretty tight, but we're
[12:14]
Moving forward.
[12:15]
Who's doing the construction
[12:18]
Parks is gonna hire somebody out?
[12:19]
I'm not sure. Okay.
[12:20]
No, but they're managing that,
[12:21]
that portion of the project. They
[12:22]
Better get started pretty quick.
[12:24]
Yeah, they're gonna put it out.
[12:26]
It's been a very fast turnaround.
[12:28]
Barrel's doing a great job.
[12:30]
I appreciate the help that parks has given us,
[12:33]
but it's, it's a very tight timeline.
[12:36]
Good. So, excuse me,
[12:40]
Are these trails going through neighboring farms?
[12:43]
No. Okay. Yeah, they're all on public land. Okay. Yeah.
[12:47]
Thanks. Now, once, once the Ann, once the
[12:52]
Providence farm development occurs, it will connect
[12:56]
with private lands,
[12:58]
but that should be within the area that has been zoned t
[13:02]
and d traditional neighborhood.
[13:04]
Yeah. That should be within the town's residential
[13:07]
and commercial district.
[13:09]
Got it. A couple of other, we're,
[13:14]
we're sitting on a lot of task forces,
[13:16]
so I thought I'd let you know about them.
[13:18]
We're currently participating in the Marlin Farm Dominion
[13:22]
Task Force, which is working on the project that
[13:27]
water and wastewater is managing to bring Marlin Farm
[13:31]
and Dominion into the wastewater,
[13:34]
the comprehensive water and sewer plan.
[13:37]
That amendment was just approved to re-designate
[13:42]
the Marlin Farm Dominion area to future service
[13:45]
as we're looking to take those parcels
[13:50]
with failing septic systems offline
[13:52]
and bring them into the county's sewer system.
[13:58]
So that task force continues to meet,
[14:00]
to evaluate that project. We're also, is there
[14:04]
A timeline on that?
[14:12]
It is. It is happening now.
[14:15]
I mean, just because they're looking to, well,
[14:18]
They're meeting now.
[14:19]
They're meeting now, but they're also taking definitive
[14:21]
action by amending the wastewater, the water
[14:25]
and sewer plan.
[14:27]
So the feasibility study is
[14:31]
what will be the next step.
[14:33]
So it will be not fast tracked,
[14:35]
but cont a priority project moving forward.
[14:39]
So should be happening
[14:43]
pretty expeditiously.
[14:45]
Amy, is that already built into our sewer allocation
[14:48]
that we have capacity?
[14:49]
It is hooking up failing septic systems in
[14:54]
Southern Kent Island and Dominion
[14:57]
and Marlin Farm has long been identified in the plan
[15:02]
and also in the sewer allocation policy
[15:05]
where all the allocations are outlined.
[15:07]
Which treatment plant will take that effluent?
[15:10]
It's the, the Kent Island wastewater treatment plant.
[15:14]
Okay. Down Route eight. That down Route eight up, yes.
[15:18]
Terrapin Park. Yeah. By the high school.
[15:21]
That's the only wastewater treatment plant
[15:23]
that the county Okay.
[15:25]
Operates. Yeah. That's our growth area. Yep.
[15:28]
Like, and one more thing, Amy, do you, do we know,
[15:31]
do you know if that's to be constructed in similar fashion
[15:35]
to the Southern can island extension with the step
[15:38]
septic tank effluent pumping rather
[15:40]
than a dedicated hard line? Do we know?
[15:42]
I think that is what is being discussed
[15:44]
Still being on.
[15:45]
Okay, fantastic. Thank you.
[15:47]
And in, in the same vein,
[15:49]
I'll update you on the moratorium task force,
[15:52]
which does continue to meet as a part
[15:55]
of the county commissioner's resolution to
[15:59]
evaluate the comp, the comprehensive water and sewer plan,
[16:02]
but specifically the sewer allocation policy.
[16:07]
Looking at how the county is going to designate the
[16:12]
rerated flow of 300,000 gallons
[16:15]
that is still currently being discussed.
[16:19]
It is complicated and the task force is
[16:24]
working hard to put the commissioners in the best possible
[16:27]
position to make sure that there's equity
[16:30]
and that those allocation pots are very clearly
[16:35]
identified and that the process to apply for
[16:38]
especially residential projects is just clearly
[16:44]
identified and in a way that will maximize
[16:48]
what is left of our capacity for the best projects.
[16:53]
Additionally, there's one last task force
[16:56]
that is being managed by the Department of Public Works,
[16:59]
and that is the MIDSHORE three task force, which is
[17:03]
the Queen Annes County Landfill.
[17:09]
Talbot County has taken its turn,
[17:11]
Caroline County has taken its turn
[17:13]
and has extended its commitment
[17:15]
and Queen Annes County is next.
[17:18]
And then Kent County is the last
[17:21]
in our MIDSHORE three re in our Midshore region.
[17:26]
That task force is looking at the current site
[17:30]
and potential alternate sites for
[17:36]
the landfill in Queen Annes County.
[17:41]
So they're talking about moving it from considering Okay,
[17:45]
there's been, there was a lot of concern
[17:47]
that should make a lot of people happy.
[17:49]
And then a new neighborhood that's, I'm happy
[17:52]
Depends on where plan B is.
[17:56]
Pardon? Data center moratorium.
[17:58]
Oh, I forgot about the Mor Moratorium. Yeah.
[18:01]
There's also another moratorium
[18:03]
that the county commissioners enacted
[18:05]
and that is the data center moratorium
[18:09]
to give staff a year to investigate
[18:14]
and draft a text, a text amendment
[18:18]
to address more data center development.
[18:21]
Staff had already been working on this,
[18:24]
but it is a, a very pressing planning issue.
[18:28]
So we'll be working on that proposal
[18:33]
and bringing it forward.
[18:35]
Currently we are not preempted in terms
[18:39]
of the sighting of data centers.
[18:41]
So there's a great fear
[18:43]
that the data centers may be cited in
[18:48]
our agricultural district.
[18:50]
And as of right now, clearly they're not permitted
[18:54]
and there is not a preemptive process to cite a data center
[18:59]
in our agricultural zoning district right now.
[19:03]
We would consider them materially similar
[19:06]
to warehousing uses,
[19:07]
which would be permitted in our industrial areas.
[19:12]
And that development would be limited to 65,000 square feet.
[19:16]
So that is how our code currently addresses a data center.
[19:20]
But having a materially similar use isn't as strong
[19:25]
as a strong a position
[19:27]
as having a very specific standard for a data center.
[19:31]
So we have never had an application to date.
[19:34]
If we did have an application,
[19:36]
the standard I just cited would be the
[19:38]
standard that would apply.
[19:41]
Are we aware of anybody that's pondering submission?
[19:45]
I, I haven't heard anything
[19:46]
Unaware.
[19:47]
Okay. We haven't been contacted, yeah. Yet.
[19:51]
But it's good to get ahead of these things. Yes, it is.
[19:53]
Be proactive rather than reactive.
[19:55]
And the preemptive piece that you spoke about
[19:57]
that's analogous to the solar
[19:59]
and that would go through the Public Service commission
[20:02]
or what body would manage
[20:04]
That?
[20:05]
No, this is not a public utility.
[20:05]
It's just, I think there is concern that
[20:08]
because of so many uses that we have seen in recent years
[20:13]
where the state has taken a preemptive approach.
[20:17]
Cannabis is a good example, that isn't a utility like solar.
[20:23]
That has been a concern in a lot of jurisdictions
[20:27]
that if we don't get specific standards on the books, that
[20:32]
we could be going in that direction at a,
[20:34]
So that would be done legislatively motion likely Correct.
[20:36]
At the state level. Gotcha.
[20:40]
And the last item that I have for you is,
[20:43]
we have a conflict this year
[20:45]
with the August Planning Commission meeting.
[20:50]
It coincides with the Summer
[20:53]
MACO conference and over
[20:55]
MACO is the acronym For, oh, Maryland Association
[20:58]
of County Governments.
[21:00]
There's a fall and winter conference every year.
[21:04]
This year we, half of our, over half
[21:07]
of our staff planning staff will be attending
[21:10]
the Mako Conference.
[21:12]
So we are going to cancel our August meeting
[21:16]
and let any applicants know who may be getting close
[21:20]
to their 25 day submittal that
[21:23]
we have some July potential for agenda items,
[21:27]
but that anyone who's queuing up will be placed on the
[21:30]
September agenda.
[21:33]
So we have a vacation in August.
[21:37]
Okay. Anything else? That's
[21:39]
Everything.
[21:40]
Thanks. Any questions? Okay.
[21:44]
Let's go to public hearings
[21:48]
concept plan for the ER material.
[21:52]
Don't forget the annual report.
[21:55]
Oh, I'm sorry. She picked it up.
[21:58]
Wanted to make sure the annual report going. Good.
[22:12]
I'll be pleased.
[22:14]
Good morning, Mary Ellen Gray.
[22:15]
Senior Planner, as you know, at this time, every year the
[22:19]
Maryland Department of Planning requires an annual report be
[22:22]
submitted regarding our activities, the goal
[22:28]
regarding annual development, permitting
[22:32]
and planning related activities taking
[22:34]
place in Queen S County.
[22:36]
Before I talk about some salient data points
[22:40]
that in this report, I wanna thank specifically Doug Summers
[22:44]
who did a lot of the number crunching for this report,
[22:47]
as well as a lot of staff across Queen Anne County,
[22:51]
IT finance, department of Environment, mental Services,
[22:55]
parks and Rec, public Works
[22:59]
housing, economic tourism.
[23:01]
And Jeff Frank also from finance,
[23:05]
supplied some new information that was
[23:09]
per a new reporting requirement this year
[23:12]
regarding the reporting of impact fees.
[23:15]
This is a new requirement that the county,
[23:20]
that the, the state required the per
[23:25]
our, our Our
[23:29]
we to.
[23:31]
We administer a program for the development of impact fees
[23:35]
for essential public services, including schools, parks
[23:38]
and recreation and fire protection.
[23:39]
So as a result, we need to report how we,
[23:44]
how much we collect and how we implement
[23:47]
and the amount of fees
[23:50]
that are implemented.
[23:53]
So regarding impact fees, the total amount
[23:56]
of impact fees collected from both, both residential and non
[23:59]
and non-residential.
[24:01]
And 2025 was
[24:03]
$1,876,367
[24:07]
and 7 cents.
[24:09]
And of that 46% or $864,340
[24:13]
and 14 cents was in the priority funding area.
[24:18]
The bulk of the impact fees collected were for schools
[24:21]
which totaled $1,531,101 and 75 cents.
[24:27]
The schools utilized $2 million,
[24:29]
167,290 90,000
[24:34]
of impact fee funds.
[24:35]
And the fire districts utilized
[24:36]
four hundred forty thousand eight hundred seventy seven thousand and twenty
[24:40]
25.
[24:42]
Moving on to residential, 808 out
[24:46]
of 160 units
[24:47]
or 68%
[24:49]
of the total residential units approved were located within
[24:52]
the priority funding area.
[24:55]
The number of a lots approved within the major subdivisions
[24:59]
have been relatively consistent since 2022.
[25:03]
A total of three hundred seventy three hundred and seventeen
[25:06]
residential units were constructed within
[25:09]
with 233 located within the priority funding area.
[25:14]
And 84 outside of the priority funding area
[25:18]
of these units within the PFA 109 units were located in
[25:22]
age restricted community.
[25:24]
Moving on to commercial,
[25:26]
commercial growth data showed an increase in the number
[25:29]
of approved, approved commercial sites,
[25:32]
site plans over the past couple years from total
[25:35]
of four in the calendar year, 2023 to six in 2024,
[25:40]
and then eight in 2025.
[25:42]
However, the gross building area constructed has remained
[25:45]
fairly steady since 2024,
[25:48]
which had 770,739
[25:52]
to 67,739.
[25:54]
2025. And finally I'll conclude
[25:57]
with agricultural preservation as of 2025,
[26:01]
the county has permanently preserved 92,630 acres of land
[26:06]
through various programs.
[26:09]
So the planning staff recommends
[26:10]
that the Planning Commission approve this report
[26:13]
and request that staff send the 2025 Quin Anns County annual
[26:17]
report to the Maryland Department of Planning
[26:19]
and file a copy with the county commissioners.
[26:23]
I will ask if anybody has any questions.
[26:28]
No, ma'am. You sure gave us a lot of numbers. There's
[26:31]
A lot of data.
[26:34]
Thank you Mary Ellen. You're
[26:35]
welcome. Any questions, recommendations?
[26:37]
Yeah, I do have one. How many
[26:38]
lots are available in the county? Do you know
[26:40]
How many lots are available?
[26:41]
There is, there's some charts in the, in this report
[26:47]
I have to give back to you on that.
[26:49]
I think we have the,
[26:52]
there was a development capacity analysis
[26:56]
to look in the appendix here
[26:59]
About Appendix five.
[27:00]
Appendix five, thank you. Yeah.
[27:05]
16,000 2 97. Thank you.
[27:09]
16,000 lots.
[27:11]
Number, number of potential lots. Yes.
[27:13]
Lot 16,297
[27:17]
of potential lots.
[27:18]
The potential lots for development.
[27:21]
That's fine. Okay, fine.
[27:24]
Do we have any statistics that tell us
[27:26]
how many acres came out of agriculture in any given year
[27:31]
Came out of agriculture?
[27:33]
Not specifically.
[27:35]
We, I, we could do a a, an analysis that of
[27:38]
that looking at agriculture and break that down.
[27:43]
We, I don't have that broken broken, we don't have
[27:46]
that broken down specifically, but certainly we,
[27:48]
It's more of a philosophical question than anything else,
[27:51]
but something I'd personally be interested in. Sure.
[27:55]
We, I, we could work with GIS on that, on
[27:57]
that, on that data point. Yeah.
[27:59]
Thank you. You're welcome. Yes ma'am.
[28:01]
I would, we can sort of bring
[28:04]
that information if you look at the development tables Yeah.
[28:07]
For priority funding area versus non-priority funding area.
[28:12]
Yeah. If it's a non-priority funding area,
[28:14]
it's likely that it's
[28:15]
Likely in agriculture. Yeah,
[28:17]
Fair point. Yeah.
[28:18]
Okay. So the 16,000 lots on
[28:23]
the back, that, that's not approved lots
[28:26]
or is that, is that a calculated amount based on the farms
[28:29]
seven acres per parcel if the maximum, I guess.
[28:33]
Correct. These are, these are lots
[28:35]
that are available for development, right?
[28:37]
They are, they are approved. They are approved. And
[28:39]
These are, these are pot, these No, these are potential,
[28:43]
these are lots that on appendix five, these are lots
[28:47]
that are available for development.
[28:49]
They have not been approved for development. Do
[28:50]
They have their SRAs already?
[28:53]
I mean I assume how many of them are, are
[28:56]
to Ben's point on agricultural land farmland?
[29:00]
So Them are in the pfas.
[29:03]
Okay. So we looking at this chart, so they,
[29:07]
we do have a broken down on which ones are pfas.
[29:10]
I don't have that total. We don't have a broken down.
[29:16]
I would have to total that out.
[29:17]
Which, how many lots are in pfas?
[29:20]
Let, let's look, look at the, hold on, on
[29:25]
the chart.
[29:29]
Okay, on page five,
[29:37]
within pfas we have residential zoned acres with capacity.
[29:42]
We have in, in the PFA 730 lots
[29:47]
and residential parcel and lots with capacity.
[29:52]
And in the PFA 545 inside
[29:57]
and outside the PFA,
[30:03]
oh, I'm getting a assistance from Stephanie.
[30:05]
Sorry, because she has, she has more,
[30:08]
I just wanna add a detail experience with that.
[30:10]
Yeah, yeah. Detail about the development capacity analysis.
[30:12]
Yeah. So this is analysis that is run by GIS by any means.
[30:17]
It's not survey grade.
[30:19]
It doesn't look in the details of, you know exactly
[30:22]
where wetlands are.
[30:24]
So it's not taking a fair point survey grade
[30:27]
of the entire county in addressing
[30:29]
how many lots can be created.
[30:31]
So it's the best available technology
[30:35]
that the GIS department has to understand potentially
[30:39]
how many lots could be available
[30:41]
to the best of their ability.
[30:43]
So really it's not the number of lots
[30:45]
that have been created, right.
[30:47]
It's potential. Right.
[30:48]
But definitely not to anything that has been done looked at
[30:53]
for a subdivision.
[30:54]
So let's add that
[30:56]
Detail, right?
[30:58]
Yeah, it's a, it's a development capacity, right?
[31:01]
It's, it's what could potentially be, yeah,
[31:05]
But By all means is the timeframe.
[31:07]
I mean certainly so capacity would limit
[31:09]
Development.
[31:10]
So those things, things like that aren't looked at
[31:12]
because I mean those things can't be baked into the
[31:15]
GIS analysis.
[31:16]
Right. And I think there's an explanation in here that says,
[31:19]
you know, this is the best of ability
[31:22]
that analysis could be done.
[31:24]
It's not by any means exact,
[31:27]
Well, I guess the concern I would voice is
[31:29]
that you show 16,000, you know lots And for people
[31:33]
that don't wanna see a great deal
[31:35]
of growth at one point in time, that's a scary number.
[31:38]
Yes. I, I realize that
[31:39]
And without a qualifier to say
[31:42]
no this isn't coming online next week.
[31:45]
Right. No, and it's not. They're not Right.
[31:47]
Proposals haven't been received. It's not
[31:49]
that we've taken those applications
[31:51]
or anything, it's just an analysis that has been run.
[31:56]
The JIS, they're required to do it every three years.
[31:59]
That's what's required of the annual report.
[32:02]
So it's a number that has to be run at that point
[32:06]
In the 2010 comp plan,
[32:08]
I think there was a development capacity analysis run with
[32:13]
that comp plan
[32:15]
and then we tried to use the same as much as we could get
[32:19]
as close as we could get that same analysis.
[32:22]
Yeah. That they had used in 2010. 10. What was the number
[32:24]
Back then? Do
[32:24]
You know?
[32:25]
I don't know. I do not have it on. Okay.
[32:28]
But I can look it up. You just did. Okay.
[32:32]
So the reason I asked the question was
[32:35]
because according to your numbers,
[32:37]
and I'm gonna oversimplify this
[32:39]
and then, you know, hopefully you'll understand that,
[32:41]
but your lots constructed are outpacing your
[32:45]
lots approved by about 70.
[32:47]
Right? So at some point on a over simplistic view,
[32:51]
those two numbers are gonna converge
[32:53]
where there's no lots available, that'll never happen
[32:57]
because the market will change the value lot.
[32:59]
The value of the lots will go up exponentially if need be.
[33:03]
And, and there'll be more lots that come online.
[33:07]
But the reason I ask this, I just read an article
[33:10]
and I say the other day, I'm saying it use
[33:12]
that term loosely, that the average home price in this
[33:16]
county is like over half a million dollars.
[33:18]
Now, now I dunno about you guys.
[33:21]
I have children, I have grandchildren.
[33:23]
Now we, luckily we have a farmer, children are on farms,
[33:26]
but the average person, their kids are gonna leave here.
[33:32]
And is this county looking at that to say, do we want
[33:37]
to make everybody that already
[33:39]
has a home wealthier 'cause their home goes up?
[33:42]
Or do we want to try to make a place where it's affordable
[33:44]
for many, including their children?
[33:50]
Yeah, I could, I there
[33:51]
Is that question ever been asked?
[33:54]
Yes. The state really also has been asking
[33:57]
that question more of on a statewide level, not not just
[34:01]
Queen Anne specific.
[34:04]
So it is something that is contemplated or
[34:08]
Yeah, but I don't know that their ideals mesh with mine.
[34:13]
What, which, where are they leaning?
[34:14]
Are they trying to find to make housing more affordable?
[34:17]
Are we to become California? You know,
[34:20]
Agree.
[34:21]
No, I mean, I mean the state, but
[34:24]
You know where I'm Coming from,
[34:25]
right? What I'm saying? Right.
[34:27]
And the county obviously,
[34:28]
I think in the comp plan we talk about looking at density
[34:32]
and essentially size of lots.
[34:35]
So that's gonna change your affordability
[34:37]
essentially of a lot.
[34:39]
So there are things in the comp plan
[34:41]
that have been designated to look at affordability
[34:45]
Of property.
[34:46]
Well not discounting arts comment about the 16,000 lots.
[34:48]
And that's scaring people. One way to lower the price
[34:51]
of real estate is to increase the volume,
[34:53]
increase the amount available, right, the supply. Right.
[34:56]
That's Okay. Yep.
[35:00]
Nope. The, the housing chapter and the but
[35:02]
Don't touch the farms. Correct?
[35:04]
I never said that. Never said that.
[35:06]
Ask the farmer first though. Okay. It's up to the farmer.
[35:14]
We're not mandating that they,
[35:16]
they develop never have never.
[35:18]
And I've never promoted that for certain. Okay.
[35:24]
Okay. That it? Yes ma'am. Alright, anything else?
[35:30]
Any other questions? Madam
[35:32]
Chair, I would like to take staff's recommendation
[35:34]
that the planning center, planning center planning,
[35:37]
having reviewed now approve
[35:39]
and request that the staff send the 2025 Queens County
[35:41]
annual report to the Maryland Department of Planning
[35:44]
and file a copy with county commissioners.
[35:47]
Second, second. All in favor? Aye. Any opposed?
[35:51]
Okay, second. Thank you Job
[35:54]
Ll Thank you.
[35:55]
We're gonna take a five minute break.
[36:05]
Let's get back to session. Okay.
[36:10]
Okay. Concept plan, Byler materials.
[36:17]
Madam chair, I wanna first note for the record
[36:20]
that notice containing the necessary info information
[36:23]
regarding the application
[36:25]
and notice of the public hearing was advertised in the Bay
[36:28]
Times record observer on May 29th and June 5th.
[36:32]
And it was posted on the website
[36:33]
and notice of such is within the application file. Okay,
[36:38]
Thank you.
[36:40]
This may do we usually have a Yeah, I know.
[36:44]
Well who's, who's presenting today? I am
[36:48]
Steve's, Steve's outta the office.
[36:50]
So I'm, I'm the pinch hitter today.
[36:52]
Oh, okay. Good morning everybody.
[36:55]
Rob Gunter Development Review Principle Planner.
[36:59]
As mentioned, we have the folks from
[37:01]
Byler Materials here this morning.
[37:04]
They are proposing a 215.5 acre expansion
[37:08]
of the existing Merrick Farm major extraction operation.
[37:12]
This will be phase five of their project this morning.
[37:15]
They are requesting concept plan approval
[37:18]
and a favorable recommendation to the board of appeals.
[37:23]
The project is located on the eastern side of the county in
[37:26]
between Ingleside and Barclay outlined in black.
[37:31]
You can see the 348 acre parcel is located at the corner of
[37:37]
three 13 and Merrick Corner Road
[37:40]
back in May of 26th.
[37:42]
The zoning department did their annual inspection
[37:46]
of the site and at
[37:47]
that time it was determined, sorry about that.
[37:50]
Everything was in compliance.
[37:56]
The property resides in the agricultural zoning district
[38:00]
and major extractions are conditional use in that district
[38:03]
and require approval from the board of appeals.
[38:09]
The phase five LOD limits
[38:11]
of disturbance includes 215 acres of mining expansion area.
[38:17]
That area is shown in the red dash line.
[38:20]
It also includes 3.88 acres of road improvements
[38:24]
along Merrick Corner Road.
[38:26]
And that area is generally shown
[38:29]
by the yellow dash line at the top.
[38:32]
The yellow circle on the map is the approximate location
[38:35]
of the existing site entrance
[38:37]
and that entrance will remain
[38:40]
with the future expansions if approved.
[38:43]
The overall LED for the project
[38:46]
would be 339 acres in total.
[38:50]
So that would include this phase In all previous phases
[38:54]
the project is proposing no new impr impervious area
[38:58]
and no new floor area complies with the mining setbacks.
[39:03]
And phase five will also comply with those setbacks.
[39:06]
It's currently served by well and septic
[39:08]
and will continue to be on average a hundred trucks a day,
[39:13]
visit the site or truck trips a day, visit the site.
[39:16]
That's to remain the same even with the expansion area.
[39:20]
Those trucks remove approximately 343,000 cubic yards
[39:24]
of material per year.
[39:26]
The estimated lifespan of the project is just over 49 years
[39:31]
and 17 million cubic yards
[39:34]
of material will be removed.
[39:39]
Excuse me, at the conclusion of the project,
[39:41]
the depth will vary between 67 and 70 feet.
[39:47]
Phase five proposes landscaping
[39:49]
and berms around the entire expansion area,
[39:52]
which will meet up with existing landscaping and bi.
[39:55]
Those berms will be 62 feet wide and 10 feet tall
[39:59]
and they'll be planted with two rows of evergreens
[40:02]
that will be six to eight feet tall at the time of planting.
[40:08]
The site's not located within the Chesapeake Bay critical
[40:11]
area or the a hundred year floodplain.
[40:13]
There are no erosion hazards, streams, wetlands,
[40:16]
or threatened endangered species on site.
[40:19]
The southern portion of the site does have 39.6
[40:22]
acres of woodlands.
[40:24]
Department of Natural Resources has indicated that
[40:27]
this area contains fizz habitat mainly
[40:29]
for nesting nesting birds
[40:33]
shown in green dashed outline on the map.
[40:36]
This project phase five does propose just over 32 acres
[40:40]
of woodland clearing just
[40:42]
above the green in the white dash line
[40:44]
or previously approved clearing with earlier phasing.
[40:50]
This project, just like all major extractions,
[40:52]
are exempt from the regulations established
[40:55]
by the Forest Conservation Act.
[40:58]
There is a tax ditch that runs through this property
[41:00]
shown in the solid blue line bisects roughly the middle.
[41:05]
That tax ditch will be relocated
[41:08]
to the area shown on the blue dash line.
[41:11]
The Caroline County Soil Conservation District manages these
[41:14]
tax ditches and they have reviewed this project
[41:17]
and approved it with three minor conditions.
[41:20]
Those are outlined in your staff report.
[41:24]
There's no proposed changes to the hours of operation.
[41:28]
The applicant did submit a sound study completed by vibrate.
[41:33]
That study concluded
[41:34]
that the noise will not exceed residential, nighttime
[41:37]
or daytime limits at the property line.
[41:40]
Provided that the standoff distances
[41:42]
outlined in the report are met.
[41:47]
Trucks will continue to use the existing haul route,
[41:50]
which is Merrick Corner Road to Maryland three 13.
[41:54]
I mentioned the road improvements to Merrick Corner Road.
[41:56]
There are approximately 3,350 linear feet
[42:01]
of improvements and they will start at the intersection
[42:04]
of three 13 and move east along Merrick Corner Road.
[42:08]
They'll include some widening, res striping
[42:10]
and some shoulder work.
[42:14]
At the conclusion of the project,
[42:16]
there'll be a 259 acre pond
[42:19]
and a location for a future house that's a little bit
[42:22]
of pasture area or tillable area for the resident.
[42:27]
And with that I have a colleague Eric Miller from the
[42:30]
Department of Public Works here
[42:32]
and he can elaborate a little bit on the road.
[42:34]
Improvements that have been done are proposed currently
[42:38]
and he can answer any stormwater questions if you have any.
[42:41]
So with that, this is Eric this
[42:45]
Good morning.
[42:46]
Eric Miller, department
[42:47]
of Public Works. Can everyone hear me all right?
[42:49]
Yep. So Robin asked me here today, we had,
[42:53]
I'm gonna segue slightly,
[42:55]
but in our comment memo there was an item Can you,
[42:57]
can you speak up a little?
[42:58]
I can. Is this better? Yes. There you go. Maybe there.
[43:02]
There you go. That's better. All right,
[43:04]
so I'm gonna segue a little.
[43:06]
There is in the most recent DPW comment memo,
[43:10]
a line item indicating a public works agreement.
[43:13]
The Department of Public Works is still in the process
[43:16]
of coordinating with the
[43:17]
applicant the terms of the agreement.
[43:19]
We were contacted the department yesterday
[43:21]
that the applicant did not agree with the terms.
[43:24]
And so as such, we just wanted to bring
[43:26]
that to the board's attention.
[43:27]
Now that we would like to, when Rob gives his final summary,
[43:33]
add a condition that we, the DPW Department of Public Works
[43:38]
and the applicant by
[43:39]
or mind agree to the terms of the public works agreement
[43:43]
prior to the applicant submitting an
[43:46]
application for Board of Appeals.
[43:48]
What did they disagree with?
[43:49]
So what we're disagreeing over is money.
[43:52]
Now we have this, mine has been in operation
[43:55]
for approximately 20 years
[43:56]
and we're looking at, I'm speaking in round numbers,
[43:59]
I can be more specific at your request.
[44:01]
A 50 year lifespan.
[44:03]
So the department is looking at projecting,
[44:05]
as Rob pointed out, it'll their time to mine out.
[44:09]
This property will take 50 years.
[44:11]
So we're looking at 50 years
[44:12]
of road maintenance built into an agreement
[44:14]
that we're deciding upon today as part of this application.
[44:17]
Now I'd like to be perfectly clear,
[44:19]
we are not in opposition to this.
[44:21]
We are just not prepared to give a favorable recommendation
[44:25]
because we haven't come to terms with the applicant.
[44:28]
So what we're trying
[44:30]
to do is project based upon our last 20 years of experience,
[44:34]
a 50 year lifecycle for this road.
[44:36]
Now they are providing, as part of their application,
[44:39]
substantial road improvements
[44:40]
and upgrades as Rob identified in his report,
[44:45]
we are simply trying to plan for the next 50.
[44:48]
Now what we are proposing is an identical agreement
[44:52]
to a neighboring mine, which is Bridgetown Stone
[44:56]
and Gravel, which assesses a 12 cent per ton royalty.
[45:00]
And that money will go to the cost of road maintenance.
[45:06]
What's adequate to, well on their projection,
[45:11]
their projected numbers
[45:12]
Using their projected numbers.
[45:14]
When you get 12 cents,
[45:16]
and again we are using some approximate math here,
[45:19]
but we're looking at roughly $62,000 a year.
[45:24]
So if you compare that to the current maintenance are,
[45:29]
I should say road upgrades that are being performed,
[45:32]
that is a project that is costing, I believe the estimate.
[45:36]
And there are representatives from Lane Engineering here
[45:38]
who can correct me is $845,000
[45:42]
or as Jonathan
[45:43]
and I were speaking yesterday when he contacted me. How
[45:46]
How long is that $840,000 rejected to last?
[45:51]
Well, and that's what I'm getting to.
[45:53]
So if you look at the 60,000 that we are assessing per year,
[45:58]
and we look at this cost now it'll take roughly 16
[46:03]
and a half years and that's using a round number
[46:06]
of a million dollars because that was an estimate.
[46:09]
We don't actually know the cost
[46:11]
of construction until it's built.
[46:13]
So using a round number of a million with the 61,000,
[46:16]
which is based upon what they're on their plan, identifying
[46:19]
as removal 16
[46:20]
and a half years is how long it would take to get to
[46:24]
that sum of money again.
[46:26]
But the trucks are the trucks. Okay.
[46:28]
What is your span for that type of road with all
[46:32]
that truck truck traffic?
[46:33]
Exactly. So what we're hoping is that
[46:36]
because essentially we're trying to predict the future here
[46:38]
with the widening of the road
[46:40]
and the reinforcement of the road,
[46:41]
that the $60,000 a year will be sufficient
[46:44]
to perform annual maintenance or maintenance on demand.
[46:47]
That is not the department's intent
[46:49]
to have major road rehabilitations when it becomes
[46:53]
sufficiently damaged to require it,
[46:54]
but simply to perform routine maintenance.
[46:57]
So we are not anticipating letting the road degrade
[47:01]
to such a condition that it's in.
[47:02]
Now again, we'd like to avoid that, we'd like to be able
[47:05]
to maintain it as necessary.
[47:06]
The last time it was upgraded,
[47:09]
I believe 2014.
[47:11]
Now when you say upgrade, I don't mean to split hair, it's
[47:14]
Only like 12 years.
[47:15]
Correct. And you're talking that the 60,000 will take you
[47:19]
to 16 years.
[47:21]
Right. So what I'm doing is comparing that amount,
[47:25]
I mean you haven't maintained it the last 12
[47:30]
I thought we were comparing major renovation
[47:31]
to major renovation, right.
[47:33]
So the last major renovation was 12 years ago.
[47:35]
As I understand it right now they're going
[47:37]
to perform a current major renovation.
[47:39]
We're looking to avoid the major renovations
[47:42]
and fund continuous maintenance.
[47:45]
So you haven't done the continuous maintenance
[47:47]
over the last 12?
[47:48]
No, we do. I understand what you're asking.
[47:52]
Unfortunately I don't have those numbers in front of me
[47:54]
because this issue was raised yesterday by the applicant.
[47:57]
So hence why we are not prepared to give
[47:59]
that recommendation.
[48:00]
Now I need to go back, do the research,
[48:02]
look at the numbers you're asking for, see
[48:04]
how much we spent per year
[48:06]
and then look into all these other things we had hoped the
[48:09]
department we that using an agreement identical
[48:12]
to a neighboring mine would be, you know, applicable
[48:16]
to use a pithy term.
[48:17]
Apples to apples. Mine to mind, we use an agreement,
[48:19]
one is agreed to, we agree with it here,
[48:24]
But I'm sure the applicant is looking for that price
[48:27]
to be lowered, not increased. Right.
[48:30]
Well I'll let the applicant speak to what they want,
[48:32]
but yes, I would imagine so.
[48:34]
I would imagine that's why it got turned down. Okay.
[48:38]
All right. Do you have any questions at this point?
[48:42]
Okay, so I do so that the, as I understand it, dump trucks
[48:48]
probably paying somewhere between five
[48:49]
and $6,000 a year in road use taxes specifically
[48:53]
because of the damage that they do the roads.
[48:56]
Do you not get any of the money from the state, from those
[48:59]
road use taxes that are paid and,
[49:01]
and you know, maybe I, no, I'll, I'll get
[49:04]
to you later ask you the same question.
[49:08]
Sure. So as of the most recent legislative session,
[49:12]
I am not sure exactly
[49:13]
what the funding stream is from the state.
[49:15]
I can tell you it's very turbulent
[49:17]
and that there are proposing changes on the highway user
[49:19]
revenue, which I believe is different from
[49:21]
what you're talking about.
[49:23]
I don't have the state funding numbers in front of me to see
[49:25]
what proportion of tax dollars from heavy vehicles comes
[49:29]
to road maintenance, if you like. I can look into that. I
[49:32]
Know, I know that under O'Malley, you know,
[49:34]
he stole a bunch as far as I'm concerned, he stole a bunch
[49:36]
of tax revenue to county back during that, I think
[49:39]
during recession with it.
[49:42]
And I don't know if he's given it back yet or not.
[49:44]
Last time I talked to one
[49:45]
of the commissioners he said they had not,
[49:47]
that was several years ago.
[49:49]
Bill, we're having trouble hearing you. Oh,
[49:51]
I'm sorry. I'm, I'm getting lazy
[49:52]
But you're, Pardon
[49:54]
Me?
[49:55]
Microphone's not close to you?
[49:56]
No, it's 'cause I'm leaning back and
[49:59]
Oh, taking a nap.
[50:00]
Sorry. Do you want me to repeat what I was saying?
[50:03]
No, would you, so all I was asking was don't these dump
[50:07]
trucks at five, $6,000 per year in road use taxes,
[50:10]
fuel taxes, does that any of that money come back
[50:14]
to the county for the maintenance of these roads?
[50:18]
Do they not get anything for their investment?
[50:20]
Those, those independent drivers and small businessmen
[50:25]
and everything else that, that have these things?
[50:27]
We've had this discussion
[50:28]
before about road use taxes and everything else.
[50:32]
I know that O'Malley stole, I use that word stole
[50:36]
road use taxes from the county back during the recession.
[50:39]
I don't know that the state's ever
[50:40]
given them back like they should.
[50:42]
At the last conversation I had with one
[50:44]
of the commissioners, he said they had,
[50:45]
they had given some back
[50:47]
but weren't up to what they used to be historically.
[50:50]
Right. Okay. So that's all I'm asking.
[50:53]
You know, sounds to me like
[50:54]
'cause 50 years, $60,000 a year, that's 3 million bucks.
[50:57]
That ain't, that's not chump change, right?
[51:00]
Correct. How
[51:01]
Much did it cost to build a road
[51:02]
for goodness sake level road?
[51:06]
Are we building a state spec road?
[51:08]
I'm sorry, what was the second
[51:09]
One?
[51:10]
Are we building a county spec road
[51:11]
or a state spec road
[51:12]
with three $3 million in maintenance over over 50 years?
[51:15]
That's not a small chunk of change.
[51:18]
No, absolutely not. I'd be like him argue
[51:23]
And that's fair.
[51:25]
We're not opposed to the discussion.
[51:26]
We're not opposed looking at the numbers.
[51:28]
It's strictly a matter of timing.
[51:30]
The objection was raised yesterday
[51:32]
so we need to look at this.
[51:33]
So your questions are legitimate and appropriate,
[51:36]
but I don't have the answers now.
[51:38]
Okay, fair.
[51:41]
Can I, can I ask, are you done Bill? Yes. Okay.
[51:45]
It's just a question of process
[51:46]
because when in reviewing these materials prior
[51:49]
to the meeting delivered to us a week
[51:51]
or more ahead of time, typically my eyes always go to the
[51:56]
no agencies that have reviewed
[51:58]
the concept plan have offered objections.
[52:00]
So I'm wondering at what time, at what point in the process
[52:04]
was, is an issue like this supposed to be resolved?
[52:08]
Like I'm not sure why it's okay, why it's,
[52:11]
it's only why is this coming up at this time
[52:15]
when I based my review
[52:18]
and thoughts on these projects by what, what is before me
[52:22]
and, and then sometimes subsequent updates
[52:25]
from John as needed.
[52:27]
So I'm trying to figure out where, when is this supposed
[52:30]
to be resolved?
[52:32]
Like 'cause we're, we're here for final
[52:34]
approval of this concept plan. So
[52:36]
Yeah, the concept plan will allow them to move forward
[52:39]
and seek additional use location.
[52:43]
Okay, so excuse me.
[52:46]
The major extractions are unique.
[52:49]
They require public hearings which no other
[52:52]
development projects required.
[52:54]
So there are advertisement deadlines.
[52:57]
So this project had to be advertised in the paper prior
[53:01]
to the comments coming back to the department.
[53:04]
And that overlap is when that comment that Eric referenced
[53:10]
came in and that comment says that DPW
[53:14]
is okay with the project coming to planning commission
[53:17]
as long as the applicant agrees in principle
[53:20]
to the public works agreement.
[53:23]
PWA prior to planning commission,
[53:26]
well prior to planning commission
[53:29]
Ag This morning,
[53:31]
eight o'clock was prior to planning commission.
[53:33]
So in lieu of not stopping the project
[53:36]
and keeping things moving forward, it was our intent to here
[53:39]
and here we are And that's
[53:41]
where Eric mentioned his condition
[53:44]
that they can work things out, whatever that may be prior
[53:49]
to the applicant making board of appeals application
[53:52]
to keep the process moving forward for the applicant.
[53:55]
Not But isn't that normally already completed
[53:57]
before we get the paperwork to review?
[54:02]
No, not necessarily things like forest conservation.
[54:04]
If this project had forest conservation,
[54:07]
they would usually tell us this is our idea,
[54:10]
but we don't have definitive legal documents
[54:13]
and everything finalized yet until site plan.
[54:15]
So in this case we wouldn't have,
[54:18]
they don't require site plan
[54:20]
'cause there's no more floor area.
[54:21]
So their final step would be board of appeals
[54:24]
and then they'd go straight to permit.
[54:25]
So by board of appeals anything has to be determined
[54:30]
and figured out and finalized.
[54:31]
Okay. In this step, no, for us, for DPW,
[54:36]
they would like a principal figured out in a draft
[54:40]
accomplished prior to court appeals.
[54:43]
Okay. Madam Chair? Yes, sir.
[54:48]
In a, in a situation like this,
[54:49]
my immediate reaction is disapprove.
[54:53]
You know, we don't have agreement
[54:54]
and we're asked to render an opinion on something
[54:57]
that's not agreed to by both parties.
[55:00]
But I sense that staff is comfortable
[55:04]
proceeding with conditions.
[55:06]
Am I understanding this correctly?
[55:09]
I will defer to Eric on their condition,
[55:13]
the conditions we outlined, which brings me to another,
[55:16]
if you turn to page six of seven in your staff
[55:18]
Report, that's quite quite a few
[55:19]
17.
[55:20]
There are, there are 17.
[55:21]
Well they are not labeled conditions,
[55:23]
but those are the conditions.
[55:24]
So once we get to that, if we get to that,
[55:26]
those are the conditions.
[55:27]
Plus number 18, no, 18,
[55:29]
The staff is planning staff is comfortable with 17.
[55:33]
If the condition that Eric suggested were to go through
[55:37]
planning would be okay with that as well.
[55:40]
But as long as DPW was fine with that, if they weren't fine
[55:43]
with that, staff would support that as well.
[55:46]
And you're fine with that.
[55:47]
And to answer the question, yes, the Department
[55:49]
of Public Works is fine with the
[55:50]
condition as I presented it.
[55:53]
Can you give us a a written
[55:57]
or can you, can you
[55:59]
I think I can assist with that again.
[56:01]
So I I think it would be inclusion of condition 18, which,
[56:05]
and correct me if I'm wrong,
[56:07]
but the condition would be that the applicant
[56:09]
and public works department enter into a mutually
[56:12]
satisfactory public works agreement prior to
[56:16]
making the application to the board
[56:18]
of appeals for conditional use.
[56:20]
Does that work for you? Yes. Okay, good. Okay.
[56:25]
Now anything else Rob?
[56:28]
No ma'am. Okay. I have one more question.
[56:31]
Madam Chairman, why did it take this long again to get,
[56:34]
you had a meeting this morning, why didn't, why is it,
[56:39]
why is it this long in the process?
[56:41]
Why wouldn't it have done before?
[56:44]
Seems to me that maybe you could have
[56:46]
having an eight o'clock meeting
[56:48]
that had a planning commission
[56:49]
Doesn't seem like good planning.
[56:50]
There was no meeting at eight o'clock.
[56:52]
The, the comment said they needed to agree prior to
[56:55]
Oh, okay.
[56:56]
I'm sorry. I'm sorry. I said
[56:57]
Up to o Alright. Alright.
[57:00]
And there was that comment came out 25 day review was at
[57:04]
least two weeks ago and as I understand it,
[57:06]
there were some email exchanges yesterday.
[57:09]
Okay. I Was not privy to that.
[57:13]
And to clarify with your question,
[57:14]
yesterday was not the first attempt at communication.
[57:17]
There were phone calls and emails back
[57:18]
and forth between the applicant
[57:20]
and the Department of Public Works.
[57:21]
The objection to the Public works agreement was raised
[57:24]
by the applicant yesterday, which is different from,
[57:27]
there was no communication until yesterday.
[57:30]
Okay. Yeah, that's okay. Thank you for the clarifying.
[57:34]
Alright. Yes ma'am.
[57:38]
My name is Cheryl Tomi with Lane Engineering.
[57:41]
I'm the project drafter for this project.
[57:45]
I've, I've worked on it throughout the years with us today.
[57:49]
We also have our project engineer Brittany Wallace,
[57:52]
who can answer any technical questions you may have.
[57:54]
The owner, Jonathan Bier and Byler
[57:57]
and our attorney Steve Mehan.
[58:00]
Rob Gunther gave a great overview of the project
[58:02]
and I would be happy to ask, answer any questions
[58:05]
that you have, just give a brief overview of
[58:09]
generally what we're proposing
[58:11]
and what he had said already is that the,
[58:16]
it's an existing mine, it's there.
[58:19]
We have an entrance that's already in place
[58:21]
and the office, the different,
[58:28]
the different plants that are there,
[58:30]
those are all gonna stay in place
[58:31]
and those are gonna be continued to be used.
[58:33]
We're not proposing anything new for that.
[58:36]
The trucks per day is gonna stay at a
[58:39]
hundred trucks per day.
[58:40]
We're not proposing any increases in the trucks
[58:44]
or the hours of operation.
[58:46]
So you're not going to see a change in the,
[58:49]
an increase in the traffic going to and from the site.
[58:53]
It's just we're proposing an expansion of the mining pond
[58:58]
so that the mine can continue to stay in business
[59:02]
and expand the life of the mine by about 50 years
[59:06]
as market conditions allow.
[59:10]
As a part of this expansion, as he had shown, you know,
[59:15]
the, we're proposing the road improvements
[59:17]
to Merri Corner Road, we've also proposed to
[59:22]
reroute the tax ditch that does go through the middle
[59:25]
of the site to go around the exterior
[59:29]
of the mining pond.
[59:30]
And then inside of that we'll have a,
[59:33]
a visual screening berm with plantings on top
[59:36]
and then even, you know, further interior
[59:40]
to the site will have an access road
[59:41]
and then it will be the expansion pond.
[59:44]
Everything will expand towards the west
[59:48]
and it'll slowly happen over those 50 years.
[59:51]
What you'll see initially are the berms being established
[59:55]
as well as the rerouted public
[1:00:00]
drainage association tax ditch.
[1:00:04]
Do you have any questions for us at this time?
[1:00:06]
Any road improvement questions or storm water?
[1:00:10]
We'd be happy to answer them.
[1:00:13]
Yes. Tony, I have a question.
[1:00:14]
You, you suggested the, you know, the slow walk east? Yes.
[1:00:18]
Or sorry, west and and south of the property when,
[1:00:22]
with the exception of the rerouting of the tax disc, when
[1:00:26]
would we expect to see the tree clearing?
[1:00:28]
The tree clearing At this time they're in their phase
[1:00:33]
four, so they've been approved for 119 acres.
[1:00:37]
So they're, they're working in that additional 19 acres
[1:00:40]
that they were approved last year.
[1:00:43]
So eventually, you know, as we go through this process
[1:00:46]
for approvals for this phase five, they'll continue
[1:00:49]
to work westward for the removal
[1:00:54]
of those trees to the south.
[1:00:56]
It's really as they grow the mining pit,
[1:00:58]
and it depends on what direction they're going to start
[1:01:01]
to grow the mining pit, it's gonna be a combination of
[1:01:05]
dry mining and then, you know, as they get down
[1:01:08]
to the water level, then the, the
[1:01:10]
dredge will continue the mining.
[1:01:13]
So really it's when they want to
[1:01:18]
expand to the south to to be able to to,
[1:01:22]
So it's not necessary for initial berm construction
[1:01:24]
or no rerouting of the tactics. What you'll
[1:01:27]
See initially for the berm construction
[1:01:30]
as you've brought up, is they will need
[1:01:32]
to strip some topsoil
[1:01:34]
and other material in order to construct those berms.
[1:01:37]
And they have some room to be able to do that with,
[1:01:40]
you know, the existing farm fields
[1:01:42]
that you see open at this time.
[1:01:46]
So over years, years out, yes.
[1:01:48]
Over years without having you
[1:01:49]
to put a number on it, that's fine.
[1:01:50]
Yeah,
[1:01:52]
Yeah.
[1:01:53]
We, we, when it was approved last May
[1:01:57]
for the nine additional 19 acres, we approximated
[1:02:02]
that they had about five years left of material,
[1:02:05]
maybe a little bit more than that
[1:02:08]
and this will be the slow walk over.
[1:02:09]
But you still one schedule with that.
[1:02:11]
Yeah, that schedule would still be appropriate. Yes.
[1:02:14]
Yeah. And then this mining expansion will give them an
[1:02:17]
additional 50 as market
[1:02:18]
allows 50 years.
[1:02:28]
You guys have always done a nice job of,
[1:02:31]
of your berms and everything.
[1:02:34]
Thank you. Okay, any other questions?
[1:02:42]
Can I get a public hearing?
[1:02:46]
Oh, public comment comments?
[1:02:50]
We're gonna bring the Yes ma'am,
[1:02:59]
I introduce yourself.
[1:03:00]
Yes, good morning. I'm Kelly Ireland.
[1:03:04]
I am an adjoining property owner.
[1:03:06]
I own both the lot that is across the street as well
[1:03:10]
as the an owner
[1:03:12]
of the 200 acre agricultural farm across the street.
[1:03:17]
I have no illusions that there'll be any stopping this
[1:03:19]
project and I do respect that property owners have the right
[1:03:23]
to do things within reason with their properties,
[1:03:27]
but adjoining property owners should also have the right
[1:03:30]
to not be negatively impacted by those activities.
[1:03:34]
My ask is that there's a potential condition
[1:03:36]
that there be an honest assessment of the, that
[1:03:41]
actively engages adjoining landowners of the current
[1:03:45]
and potential impacts of the plan.
[1:03:47]
So we can look at ways to minimize those impacts
[1:03:50]
and potential risk with more in-depth considerations.
[1:03:53]
Specifically for noise
[1:03:55]
and vibrations, light pollution,
[1:03:58]
local air quality impacts related to dust
[1:04:01]
and exhaust groundwater.
[1:04:04]
It's a large amount of groundwater
[1:04:07]
that would potentially be exposed with this full expansion.
[1:04:11]
The impacts to our wells.
[1:04:13]
Looking at the long history of Biosolid application
[1:04:17]
on these agricultural fields
[1:04:19]
and any potential impacts of making that
[1:04:25]
exposed to groundwater.
[1:04:27]
We'd also like to look at the entrances,
[1:04:29]
both the number and location.
[1:04:31]
We've been talking about one entrance,
[1:04:33]
but there are actually more than one place that the pit is
[1:04:37]
accessed currently.
[1:04:39]
I'd also like to ask that there be impacts, attempts
[1:04:44]
to minimize the impacts while installing
[1:04:47]
the berms around the area.
[1:04:49]
Currently there's a significant amount of dust
[1:04:52]
and sediment along the roads
[1:04:56]
and my fear is that even just installing the measures
[1:04:59]
for mitigation, if we don't look at that further,
[1:05:01]
will create additional impacts.
[1:05:05]
I saw that some of the core values of Byers was
[1:05:08]
to always do the right thing.
[1:05:09]
I hope that we will have an opportunity to engage.
[1:05:13]
Thank you for your time and consideration.
[1:05:16]
Thank you.
[1:05:21]
Any other public comment?
[1:05:24]
You have anything and you didn't have anything else? I got.
[1:05:28]
Okay. Do
[1:05:33]
the commissioners have any questions?
[1:05:41]
Okay, Madam Chair. Yes.
[1:05:45]
Having considered the testimony presented
[1:05:47]
and having reviewed the findings outlined in the staff
[1:05:50]
report, be it hereby resolved that the planning commission
[1:05:53]
regarding the request by by Byler materials LLC
[1:05:57]
for concept plan approval for a
[1:06:00]
215.555 acre expansion
[1:06:03]
of an existing major extraction operation in the
[1:06:06]
agricultural zoning district,
[1:06:08]
which is more particularly described in planning
[1:06:10]
and zoning file SP number 26 dash oh one dash oh one seven
[1:06:15]
oh here finds the concept plan is consistent with the goals
[1:06:19]
and objectives of the Queenan County 22 comprehensive plan.
[1:06:24]
The concept plan is consistent with the Queen County zoning
[1:06:28]
and subdivision regulations.
[1:06:30]
I'd also like to incorporate the findings from the staff
[1:06:33]
report into this motion.
[1:06:36]
And here are the conditions. One.
[1:06:37]
Proper controls
[1:06:38]
and methods are maintained to minimize truck mud, tracting,
[1:06:42]
or dust plumes in dry times with wind swift suppression.
[1:06:47]
Two. The facilities continue to be adequately designed
[1:06:49]
and maintained to free dirt and debris from the wheels
[1:06:53]
and undercarriage of trucks prior
[1:06:55]
to entering Merrick Corner Road.
[1:06:58]
Three. All soil conservation district
[1:07:00]
approvals are maintained.
[1:07:02]
Four. The hours of operation will be consistent
[1:07:05]
with the approval of condition use case number B OA dash
[1:07:10]
one nine dash 0 4 9.
[1:07:14]
Any changes require, require additional approvals.
[1:07:18]
Five Haul trucks shall adhere to the approved haul route
[1:07:22]
as discussed and presented.
[1:07:24]
Six. The use of dredge loader haul truck
[1:07:27]
and excavator during daytime
[1:07:29]
and nighttime hours must adhere
[1:07:31]
to the standoff distances outlined in the outlined in the
[1:07:34]
staff report and in the sound study dated March 5th, 2026.
[1:07:40]
Number seven, material storage piles cannot exceed
[1:07:43]
45 feet in height.
[1:07:44]
Number eight, the applicant submits as-built updates
[1:07:48]
to the Board of Appeals and Department of Planning
[1:07:51]
and Zoning yearly on the anniversary of Board
[1:07:54]
of Appeals approval or on a schedule determined
[1:07:56]
by the Board of Appeals.
[1:07:59]
Number nine. The applicant agrees
[1:08:01]
to an annual inspection 10.
[1:08:03]
All State permits are in place prior
[1:08:06]
to final permitting by Queen Ens County.
[1:08:08]
11. Any document, any legal documents are approved
[1:08:13]
and reviewed by the Planning commission attorney.
[1:08:16]
12. Any future mining phases
[1:08:19]
or changes to the end use plan must return
[1:08:22]
to the planning Commission for a recommendation to the Board
[1:08:25]
of Appeals for an amendment to the conditional use.
[1:08:28]
13. Any and all financial assurities for reclamation
[1:08:32]
landscaping, stormwater management
[1:08:35]
and enforcement, et cetera, are in place
[1:08:37]
before final permits are granted.
[1:08:40]
14. There shall be no truck parking on Merrick Corner Road,
[1:08:44]
no stacking or parking outside of the gate.
[1:08:47]
No Jake brakes and no tailgate slamming either on onsite
[1:08:51]
or on the public road.
[1:08:53]
The applicant shall post a sign with a notice
[1:08:55]
regarding these restrictions.
[1:08:57]
15. Any requirements
[1:08:59]
by the Queen Anne's County Roads Department must be
[1:09:02]
satisfactorily addressed.
[1:09:05]
16 Conditions of approval for the relocation
[1:09:08]
of the tax ditch found in the letter from the Caroline Soil
[1:09:11]
Conservation District dated November 10th, 2025 and
[1:09:16]
provided in the staff report must be
[1:09:18]
satisfactorily addressed.
[1:09:20]
17. Any outstanding documentation
[1:09:22]
or comments stemming from agency reviews are addressed prior
[1:09:26]
to Board of Appeals submittal.
[1:09:31]
18. The applicant
[1:09:32]
and the Department of Public Works must reach a satisfactory
[1:09:35]
public works agreement prior to Board
[1:09:38]
of Appeals application.
[1:09:41]
And having considered the testimony presented
[1:09:43]
and having reviewed the findings outlined in the staff
[1:09:46]
report, be it hereby resolve that the planning commission
[1:09:50]
regarding the request by Byler materials LLC
[1:09:53]
for a 215.555 acre expansion
[1:09:57]
of an existing major extraction operation in agricultural
[1:10:01]
zoning district, which is more particularly described
[1:10:03]
in planning and zoning file.
[1:10:05]
SP 26 dash oh one dash oh one seven oh hereby
[1:10:10]
forwards a favorable recommendation, recommendation
[1:10:13]
to the Board of Appeals under sections 18, one dash 14
[1:10:18]
C seven and 18 one dash 95 E.
[1:10:23]
Second We have a first, the second.
[1:10:29]
All in favor. Excuse me, Madam Chair, under
[1:10:32]
Discussion?
[1:10:33]
Yes. Discussion. First in light of Ms.
[1:10:37]
Ireland, was it public comments?
[1:10:40]
I'd like to suggest an, an additional
[1:10:44]
condition onto Commissioner de Otis's motion
[1:10:48]
that the applicant engaged the surrounding citizens
[1:10:51]
to address any potential concerns to their,
[1:10:55]
to their, to their, to.
[1:10:58]
Let's see what I wanna phrase this to, to, to hear the,
[1:11:03]
to meet with local citizens,
[1:11:05]
adjoining neighbors specifically
[1:11:07]
to understand their concerns
[1:11:09]
and do their best to address them.
[1:11:12]
So could we get a motion to amend the motion on the floor
[1:11:15]
to include that additional condition?
[1:11:18]
We can accept that as a friendly amendment.
[1:11:20]
Can we not do what?
[1:11:21]
Accept that as a friendly amendment under Robert's rules?
[1:11:24]
Well, you should still, because there's a motion on the
[1:11:26]
floor that hasn't been voted on yet.
[1:11:29]
Move to amend that motion and then you could all vote on it.
[1:11:33]
I, if I may inject, I I listen to the citizen's
[1:11:38]
testimony, you know, adequate,
[1:11:40]
but I'm, my thought was going to, that would be more
[1:11:43]
of a planning and zoning requirement across the board,
[1:11:45]
not just to this particular project.
[1:11:47]
Like I'm, I'm not really sure I should, that I'm,
[1:11:51]
I I would be willing to make it a condition
[1:11:53]
of this particular project, rather.
[1:11:56]
I think it's a discussion with planning and zoning
[1:11:58]
or the county on, on projects of this type
[1:12:01]
or magnitude across the board.
[1:12:04]
So that's my feeling on this.
[1:12:08]
And most of her, my thoughts were that most of her
[1:12:13]
concerns appear to have been handled in the 17th
[1:12:16]
Place.
[1:12:17]
I I was thinking about that as I was
[1:12:18]
reading them as well and 18
[1:12:19]
Point. Some of them,
[1:12:20]
I'm, I'm sorry.
[1:12:21]
I'm sure not allowed to speak,
[1:12:22]
but I think that the reports were done without any,
[1:12:26]
any engagement or the ability to ground truth.
[1:12:30]
Some of those findings.
[1:12:31]
I wanna be a good neighbor, I wanna have good neighbors.
[1:12:36]
The sound report, for example,
[1:12:38]
we can hear the sounds at night.
[1:12:40]
So it being 50 decibels,
[1:12:43]
just a conversation at the property line,
[1:12:46]
depending on weather conditions cannot be true.
[1:12:50]
I'm sure that it was tested
[1:12:51]
and that was the case at some amount of operation,
[1:12:54]
but there's lights and sounds throughout the night
[1:12:58]
and just an opportunity
[1:12:59]
to engage the way the process is currently set up.
[1:13:03]
The public notice at the end
[1:13:05]
of the road was my first opportunity
[1:13:07]
to know this could be engaged with,
[1:13:09]
and the stamp report was already directed by that point.
[1:13:13]
So, and I apologize for being
[1:13:19]
No, and I think it was clear Ms.
[1:13:20]
Ar, Ms. Ms. Ireland, when you made your testimony
[1:13:22]
that you are not necessarily opposed
[1:13:24]
to this from a property rights perspective,
[1:13:26]
it's just you'd like to be included
[1:13:28]
in progress as it's made.
[1:13:31]
We've definitely impacted my property
[1:13:33]
and my property use are impacted by this
[1:13:36]
Project.
[1:13:37]
Yeah. I'm sorry, we're not really supposed to be q
[1:13:38]
and a with you, but appreciate your testimony.
[1:13:41]
Okay. Have you ever made any complaints to the
[1:13:47]
zoning department or has anyone
[1:13:49]
ever made any, say opinion and
[1:13:50]
Zoning?
[1:13:51]
No. Since we're engaging, I said I want it to be a good
[1:13:55]
No, I understand.
[1:13:56]
And that I'm not trying to be argument my intention,
[1:14:00]
But there is a difference between, you know,
[1:14:03]
this is gonna be 17 years initially, unless Brent
[1:14:07]
and Barrett and it'll be over
[1:14:09]
and now expanding to 49 years additional,
[1:14:14]
it's a lot of water on top of a lake is 60 acres.
[1:14:18]
This is gonna be 3 28. I'm,
[1:14:22]
I'm concerned that The impacts
[1:14:24]
Haven't.
[1:14:25]
Okay. We've heard, we've heard. Thank you have, well,
[1:14:27]
Can I ask one question in the same vein,
[1:14:31]
do you allow tailgate slamming in on your property?
[1:14:34]
Do you have people that violate it?
[1:14:36]
Not to my knowledge. I mean, I'm not saying not,
[1:14:39]
it's not ever happened, but certainly we will get rid of it
[1:14:42]
Every effort To make sure it doesn't happen.
[1:14:44]
Absolutely. Absolutely. It was trapped
[1:14:45]
On the road.
[1:14:46]
Sounds like it might be happening. Sorry, I have a question.
[1:14:50]
How long has Byler been in,
[1:14:52]
in existence
[1:14:56]
In the, as far as in Queen Anne County?
[1:14:58]
At the mine or in total? In,
[1:14:59]
In, in Queen Anne County.
[1:15:01]
So we bought into the mine in 2013.
[1:15:07]
Was the mine there prior to it? Was there prior? Yes.
[1:15:10]
Okay. Do you know when it started?
[1:15:12]
I believe it was 2007. It was around there.
[1:15:15]
That's when it was created? Yeah. Correct.
[1:15:20]
Okay.
[1:15:25]
So
[1:15:26]
Right now, just procedure, there's a motion on the floor.
[1:15:30]
There was a motion to amend. It sounds like it wasn't
[1:15:32]
Seconded.
[1:15:33]
So I get a second to the amend.
[1:15:38]
Okay, let's go back with the motion.
[1:15:41]
Can I, I have a first and a second.
[1:15:45]
Can we vote please? All in favor? Oh, wait a minute.
[1:15:48]
Rob, you have something? There's
[1:15:52]
Two things you have to vote on.
[1:15:53]
Just FYI, the concept plan approval
[1:15:57]
and then separately recommendations.
[1:16:00]
Ms. De Otis,
[1:16:02]
She combined, if I read right, I
[1:16:03]
Just think you need to vote on both
[1:16:05]
of those separately. Okay.
[1:16:06]
Alright, we're gonna go with the first one, okay? Okay.
[1:16:10]
For the 18. Okay, so I have to read
[1:16:15]
All of that again?
[1:16:16]
No, just the last one. We'll, we'll do that separately.
[1:16:19]
Okay.
[1:16:21]
No, I think just to clarify, you can keep your motion to
[1:16:26]
find the con concept plan consistent with the
[1:16:31]
comprehensive plan and Queen AIDS county zoning
[1:16:33]
and subdivision regulations subject to the 18 conditions.
[1:16:36]
Vote on that and then make a motion on the favorable
[1:16:40]
or unfavorable recommendation to the Board of Appeals.
[1:16:42]
Okay. You don't have to read it. Okay. Thank, thank you.
[1:16:44]
Correct. Okay. So we have a motion, we second
[1:16:49]
Motion we have a second for the 18. Correct.
[1:16:52]
With con concept Plan approval.
[1:16:54]
You have a motion right now for concept plan approval
[1:16:56]
with the 18 conditions and a second. Okay.
[1:16:59]
All in favor? Aye. Aye. Any opposed? A Okay.
[1:17:04]
And lemme just read this again. Okay.
[1:17:05]
So we'll you gonna read that for second one.
[1:17:08]
Having considered the testimony presented
[1:17:10]
and having reviewed the findings outlined in the staff
[1:17:12]
report, be it hereby resolved that the planning commission
[1:17:15]
regarding the request by Byler materials LLC
[1:17:18]
for a 215.555 acre expansion
[1:17:22]
of an existing major extraction operation in the
[1:17:25]
agricultural zoning district,
[1:17:27]
which is more particularly described
[1:17:29]
in planning and zoning file.
[1:17:30]
SP number 26 dash zero one dash 0 1 7 0
[1:17:35]
hereby four is a favorable recommendation to the Board
[1:17:38]
of Appeals under sections 18 1 14 C seven
[1:17:42]
and 18 one dash 95 E
[1:17:47]
Second.
[1:17:48]
All in favor? Aye. Aye.
[1:17:51]
And just as a FYI
[1:17:53]
or for you, it would be nice if you talk to your neighbors.
[1:17:57]
We'll certainly do that. Absolutely. We'll engage with that.
[1:17:59]
That's great. Yeah, that's great. Any opposed? Opposed?
[1:18:03]
Okay with that Ben was opposed too, just so you
[1:18:08]
Know. Not opposed
[1:18:10]
Oh, are you?
[1:18:11]
Yeah. To go to the Board of Appeals to go to the Board of
[1:18:13]
Appeals to make a, to make a favorable
[1:18:15]
recommendation to the Board of Appeals.
[1:18:16]
There's already a condition on the application
[1:18:18]
that they can't have the Board of Appeals hearing
[1:18:20]
until this agreement is resolved. Did
[1:18:24]
This Say that again?
[1:18:26]
There is already a condition on the concept plan
[1:18:29]
application that they cannot proceed to the Board of Appeals
[1:18:31]
until the Public Works agreement matter is
[1:18:34]
mutually resolved.
[1:18:36]
I understand that, but I was under the impression
[1:18:40]
that at some point we're gonna include this acknowledgement
[1:18:43]
of the citizens' observations in a more formal fashion.
[1:18:48]
And perhaps procedurally I've made a mistake
[1:18:51]
and didn't get that in, in the original motion.
[1:18:55]
There was a motion to amend my motion to add that.
[1:18:58]
And it, it didn't get,
[1:18:59]
it didn't pass. It didn't get a second.
[1:19:01]
We didn't get a second. We didn't get a second. Okay.
[1:19:03]
You, you could certainly on your vote
[1:19:06]
for the favorable consideration to the Board
[1:19:08]
of Appeals express some of your concerns.
[1:19:11]
Well, I'd like to do that, please.
[1:19:14]
In that I would hope that we could
[1:19:19]
in the future include wording
[1:19:22]
that makes it clear in these approvals that the
[1:19:26]
applicant has to speak to the neighbors
[1:19:29]
when this has been raised.
[1:19:30]
Now this is for futures.
[1:19:31]
I don't see it as a condition on this approval,
[1:19:33]
but I support Commissioner Lay in
[1:19:38]
making sure that the citizens' comments are acknowledged
[1:19:41]
by the planning commission
[1:19:44]
And, and I I express in, in declining to amend my emotion.
[1:19:47]
I I feel like it's not something
[1:19:49]
that should be case specific to this project,
[1:19:51]
but rather a broader planning
[1:19:53]
and zoning. Do you know what I'm saying?
[1:19:56]
I understand that. I would've gone
[1:19:57]
with both saying it's okay to do it here
[1:19:59]
and let's get to work on a underlying
[1:20:01]
Understood.
[1:20:03]
So just to clarify for the record,
[1:20:05]
we have favorable concept plan approval, which was a vote
[1:20:09]
of four to one and a favorable recommendation to the Board
[1:20:13]
of Appeals, which was a vote of three to two. Yes.
[1:20:16]
Correct. Right. Okay.
[1:20:23]
Four, four to two. Say four to two. Okay.
[1:20:26]
Yeah, I was gonna say, yeah, I was gonna say,
[1:20:29]
let me count that again.
[1:20:31]
I don't do math. You know, Five isn't
[1:20:36]
Five to one and four to two.
[1:20:39]
The seven people. Well you I don't vote.
[1:20:42]
I don't Unless over time chair
[1:20:43]
because it shouldn't need to break a talk.
[1:20:45]
Right, right. At least that's
[1:20:47]
What she told me last Meeting.
[1:20:48]
Right. Going off that premise.
[1:20:50]
That's what it's any public comment.
[1:20:56]
Nothing. Okay. Well
[1:20:58]
Just, just to be clear, that was, so that was the end.
[1:21:00]
The public comment you just asked for was
[1:21:02]
for generic public comment
[1:21:03]
At the end of the meeting.
[1:21:04]
Yes. Generic public comment. So
[1:21:06]
I, I actually would like to comment on Ben's comment.
[1:21:09]
You know, I look at this forum here,
[1:21:12]
this venue here right now, to be the opportunity
[1:21:15]
for the people to engage with the owners of the properties.
[1:21:19]
I question, I'm not saying it's
[1:21:22]
bad to meet with the community.
[1:21:23]
I think you should maybe, but to what end,
[1:21:26]
you know, miss Island.
[1:21:30]
Nice, nice lady. Right. Very respectful.
[1:21:32]
I mean, I, and I, I know your family, who you are,
[1:21:37]
but all the
[1:21:40]
jabber John in the world isn't probably gonna change her
[1:21:42]
mind about what's going on there.
[1:21:45]
And I'm not trying to put words in your
[1:21:47]
mouth, that's all I understand.
[1:21:49]
I'm just, I just question to what end.
[1:21:52]
Those things really work.
[1:21:53]
You know, here's the venue right now, we're all sitting here
[1:21:58]
taking this stuff in.
[1:22:00]
You have an opportunity to speak your
[1:22:01]
mind, bring your friends in.
[1:22:03]
Quantity counts. Apparently.
[1:22:05]
I'm the only one at, yeah. Yeah. Okay.
[1:22:09]
That's all I'm gonna say. I guess I'd see it the other side
[1:22:14]
saying it can't possibly hurt.
[1:22:16]
Right? Yeah. Okay.
[1:22:22]
Alright. Can I get a motion? You have a motion to adjourn?
[1:22:27]
Can I get a second? Second. All in favor? Aye. Aye.
[1:22:32]
So moved.