Planning Commission Minutes — 2016-05-23

Town of Queenstown, Maryland Planning Commission Minutes Special Meeting and Public Hearing May 23, 2016 Members present:

Hogie Schuster, Chairman Phil Snyder Don Regenhardt Public and Guests present:

Helen Spinelli, Queen Anne’s County Planner E. Michael Wisnosky, Director, Department of Planning Ed Modell Barry Waterman Joe Stephens Mike Bowell Lane Cole Peter Johnston, Town Planner Brynja Booth, Town Attorney Brent Cohee The Chairman called the Planning Commission meeting to order at 7:00 PM and stated the purpose of the meeting was to hold two public hearings. Chairman Schuster requested that

the Town Attorney give an overview.

Ms. Booth stated that the Planning Commission would be receiving public comments on two matters, which had been duly advised in the Record Observer. She stated that the first public hearing would be on Resolution PC 16-001, titled: “A RESOLUTION OF THE

QUEENSTOWN PLANNING COMMISSION TO AMEND THE QUEENSTOWN 2010

COMMUNITY PLAN TO REFLECT THE ANNEXATION, REZONING AND FUTURE

DEVELOPMENT OF THE WHEATLAND FARM AND TO RATIFY AND CONFIRM THE

QUEENSTOWN 2010 COMMUNITY PLAN AS BEING THE ADOPTED QUEENSTOWN

COMMUNITY PLAN IN ALL OTHER RESPECTS”.

At the conclusion of the public hearing on PC 16-001, Ms. Booth stated that the Queenstown Planning Commission would conduct a public hearing on an administrative variance request from Brent Cohee and Bruce Cohee, the owners of 102 Charity Lane, Queenstown (formerly 7001 Main Street). She noted that the applicants are requesting relief from the side yard setback requirement in the Town Center TC zone.

Ms. Booth, reviewed the purpose of the meeting and provided background on Planning Commission Resolution PC16-001. She also mentioned the written correspondence which had been received by the Town regarding Resolution PC 16-001, and which would be included as part of the record of the public hearing. Specifically, she noted the following written comments were included in the public hearing record:

Minutes of May 23, 2016 Planning Commission Special Meeting and Public Hearing Page 2 •Letter from the Maryland Department of Planning, dated April 20, 2016 with Department of Planning Review comments bearing the same date •Letter from Queen Anne’s County Department of Planning & Zoning, dated April 14, 2016

• Letter from Larry and Sheila Tolliver, dated April 26, 2016

• Letter from Ed Modell, dated April 26, 2016. Ms. Booth noted that Mr. Modell’s letter

included several exhibits, which she also noted that were part of the record After receiving the written comments as part of the public hearing, Chairman Schuster opened the hearing for public comment.

Mr. Ed Modell, 112 Carriage Lane in the Sportsman’s Neck community, stated that his property abuts the Wheatland Farm. He requested that two additional documents he presented be part of the public hearing record. Mr. Modell submitted a copy of Planning Commission Resolution 16-001, as well as a copy of a letter that Mr. Modell previously submitted to the Queenstown Commissioners, dated November 17, 2015. Ms. Booth stated that the two

documents would be included as part of the record of public comments.

Mr. Modell commented on the various documents he has submitted to the Town. He stated that he is a party in a lawsuit pending before the Court of Special Appeals regarding the five-year waiver by the Queen Anne’s County Commissioners on a zoning change affecting the Wheatland Farm. He mentioned the Queenstown Community Plan figures for residential and commercial development, and stated that it would be arbitrary and capricious to eliminate those

limits. Mr. Modell stated that the 2010 Queenstown Community Plan had been adopted in violation of Maryland law and was not consistent with the Attorney General’s opinion because the Commissioners had made changes to the plan without referring the plan back to the Planning Commission. He stated that the changes proposed by Resolution PC 16-001 were being undertaken to appease the Waterman family and were arbitrary and capricious. He concluded by

asking the Planning Commission to not approve Resolution PC 16-001.

Mr. Barry Waterman stated that 20 years of preparation lead to the annexation of the Wheatland Farm by the Town of Queenstown. He noted the stringent requirements of the floating zone process and reviewed the steps in the process that provide the Town with numerous opportunities to shape the outcome of any development on the Wheatland Farm. Mr. Waterman stated that the Town’s floating zone and master planning and growth allocation process provide

the Planning Commission and the Town Commissioners with the authority to have the final word and control over what the development will look like and what density is appropriate. He requested that the Planning Commission adopt Resolution PC-001.

Mr. Joe Stevens commented that he disagrees with Mr. Modell’s assertions on the law.

He commented that the Planning Commission and the Town Commissioners have the legal authority to make changes to the Community Plan. He stated that the legal standard is whether Minutes of May 23, 2016 Planning Commission Special Meeting and Public Hearing Page 3 the Town has the legislative authority to act and acted with the scope of their authority. Mr.

Stevens stated that the Town has the legislative authority under state law to make changes to the Community Plan. He noted that the Queen Anne’s County Planning Commission supports the Community Plan changes set forth in Planning Commission Resolution PC 16-001.

The Chairman noted there were no more public comments and closed the public hearing.

Mr. Regenhardt moved that the Planning Commission defer action on Planning Commission Resolution PC 16-001 until the Planning Commission’s June meeting. The motion was adopted with three ayes and no nays.

The Chairman invited Mr. Cohee to address the Commission on the proposed variance to his development at the corner of Main and Charity. Mr. Cohee described the relief he was requesting, which was an additional 12 inches for a step into the setback variance already approved. The Planning Commission received a copy of the plan depicting the location of the proposed step, which was marked as Exhibit “A.” Chairman Shuster asked if there was any

comment from the public. No member of the public wished to speak. Mr. Regenhardt moved that in accordance with the provisions of the Zoning Ordinance on the Community Redevelopment Overlay District, the Planning Commission grant approval to the relief requested by Mr. Cohee. The motion carried with three ayes and no nays.

A motion to adjourn was made approved unanimously.

Don Regenhardt Acting Secretary