Planning Commission - Regular Meeting

Good morning, everyone. It's July 2nd, and we're starting our planning board meeting. All board members are here, including Commissioner Petterm, who's virtual this morning, so welcome. Our first item this morning is adoption of resolutions. We have four. The first two, Commissioner Bartley, you cannot vote on, but you can vote on the last two, okay? So the first two are Fraley Farm East Preliminary Plan and Fraley Farm East Forest Conservation Plan to have a motion for approval of these two resolutions. I'll move to approve the resolutions. Second. All in favor? Aye.

Aye. So it's 4-0-1. And the last two are Elmer School Farm Administrative Subdivision and Elmer School Farm Forest Conservation Plan. So I have a motion for approval of these two resolutions. Yeah, I'll move to approve the resolutions. Second. All in favor? Aye. Mr. Bartley, you can vote on these two. Okay, great. Five-zero. And next, we have Minutes of June 4th. Do I have a motion to approve the minutes of June 4th?

I move to approve the June 4th minutes. Second. All in favor?

Okay, all right. Thank you. 5-0. And next, we have the item 1C is the Montgomery Parks Foundation Board of Trustees new nominee, where staff is recommending approval of Wayne Jacobs to this position. Do I have a motion for approval of Wayne Jacobs as the new board trustee?

I'll move to approve him as a new board trustee. I'll second. All in favor?

Aye. Aye. Aye. The ayes have it, 5-0. And now we're on record plats. We have one this morning. It's subdivision plat 222. 20260570, Centro Square, where staff is recommending approval. I have a motion for approval of this record plat.

Second. All in favor? Aye. Aye. The ayes have it, 5-0. And next, we are on regulatory extensions. We have two this morning. The first is Edmonton Health Care Shady Grove Medical Center, regulatory extension request number one. And the second is Miles Coppola Phase 2 Site Plan and Final Forest Conservation Plan Extension Request Number 2. Do I have a motion for approval of these two extensions? Move to approve both the extension requests. Second. All in favor? Aye. The ayes have it, 5-0. And next we have our roundtable discussion by Planning Director Jason Sartori. Welcome, Mr. Sartori.

Jason, can I just say something here? Yeah. Barbara, I know her. And, you know, we did actually, if you guys don't know, she is a motorcycle rider and she has a few motorcycles and we ride together for a few times. And I work very closely with her. I heard she was retiring. I can't believe that. She is really an icon for the commission and someone for the years moving up like the way she did. And she was very important because I remember that when I was at the parks department, any kind of, you know, IT tools that we need, she was there to provide and make sure that it works well for us, her k

Yeah, you can find anywhere, anymore, someone stayed with the company for such a long time, and that is really important. in knowledge and asset. I truly understand what you're talking about. 40 years of knowledge and knowing that the commission has changed so much. And that knowledge by itself is very valuable.

Yeah. So she worked in your department as part of, through CAS, correct? That she supported?

Great, great. But really, thank you for bringing her to our attention. Yeah, it is four decades more of service to the commission. It's just really wonderful, this continuity, the history. And we wish Barbara a happy retirement. Yeah, thank you for being here so long. Thank you.

All done. Oh, yes. Well, thank you, as always, Director Sartori, for your very broad-based reports, you know, especially around the personnel. And, you know, I wish, you know, continue your great work, your team's great work, and we appreciate what you do. Thank you. Any other questions or comments? Yep. Thank you. So we're going to take a two-minute break and start with our next item, the Serpentine Barrens Conservation Park, where staff is recommending approval. Thank you. Good morning and welcome back. We're on item number six, the Serpentine Barrens Conservation Park, where staff is recomm

Well, thank you so much for your presentation. Thank you for bringing this to our attention. It seems like a great acquisition for the reasons you talked about. It provides, you know, it helps to preserve this ecosystem. It's unique. It's prioritized in the 2001 Legacy Open States Functional Plan, and it for conservation, and also it provides some public access for parking to this area so people can come and enjoy this. So I'm very supportive of this request. Any other questions or comments from our other board members? Hearing or seeing none, is there a motion to approve this resolution 2026-

We're on our last item of the morning. It's Etcheson's Solar Mandatory Referral and Forest Conservation Plan. And we have Mark Beal with the planning department leading this discussion. Welcome, Mr. Beal.

I have to comment on this. As someone who grew up raising sheep, I do just want to make the comment that they look for places to die. So no matter what you do, the sheep will manage to off themselves. I laughed at the welfare of the sheep in that letter. Not that it's not a concern, I'm just saying that Sheep are really inventive at finding ways to die. So bless the sheep. I really appreciate that. But 18 years of raising sheep and goats in my childhood.

And we'll have the applicant talk through this, Commissioner Peterman, when they come up.

Just to preface, I am going to ask about what breed of sheep they're having, because I'm curious. Not because it matters, but because I'm curious.

So Mark, what is the type of the soil there? Why there was no agriculture? The soil was not good for agriculture because usually the type of the soil matters.

Yeah, yeah, that's fine. I'm just wondering, I understand this is a state, but one of our requirement was that the soil type. I think it was type two, something that is really good soil for ag. I don't know if that matters anymore under the state law.

But this place was not being used far beforehand, correct?

We've had other solar projects come before us, and in those other projects, they classified the soil as type one or type two, and so has the state code changed with regards to that? Because the other presentations, I specifically remember classifications of the soil and the reason why the solar panels were placed there, because one classification of soil did not provide for production of agricultural products because of the quality of the soil. But here you're saying it doesn't need to be done.

I have another question. You mentioned setbacks. I'm very familiar with this intersection where 650 New Hampshire Avenue turns into Damascus Road at 108 at the corner store there. I have an aesthetic and setback question. With the solar panels occupying, it looks like, the border of 108, How far will the solar panels be set back from the road there, and will there be any aesthetic buffer to shield the solar panels from people traveling on that road?

Mr. Bartley, Commissioner Bartley, why don't we let the applicant come up, make their presentation, because some of these things may come up during, you know, they may mention during their presentation, and then I'm more than... I'm happy for you to ask all your comments, but maybe some of this will come out during, if you don't mind.

Does the staff member have any idea what I'm asking, or do you defer to the applicant?

Please come up, applicant, and your team.

Can I ask a question from Mark in regard to the type soil? I understand that we have been preempted from a state in regard to the type of soil. But does anything stops us to look at the type of the soil and if it is, you know, a good type of soil there, see if we could encourage the applicant. I know that doesn't apply to this. I'm talking about the future. Maybe there could be other places that would provide the same kind of things that they want, but allow the good part one or two stay be available for farming. I understand that we cannot stop them, but we could at least look at it and see i

I don't know if that's something that we could do regardless to look at. I'd like to know. Even though that if we don't have anything, any power over it and preempted by state, but it still is a good thing to see what we are doing and where.

That's a great question. If the applicant can make their presentation and then maybe some of this will come out and if not, we can we will come back and address your question. That's okay.

No, but this doesn't have to do with the applicant. It's not even related to this project. I'm just asking in general for the future.

That's exactly what I was looking for, that I understand this advisory and even that it's not, you know, state preempts us, but nothing stops us at least to understand what we are doing and, you know, if needed, just to make an advisory comment. That's it. Thank you.

Barbie do are a good option for the Barbados sheep, are a good option for heat.

One quick question. I heard that because of you having agrovoltaics, you don't have to meet some setbacks and screening requirements. What would the setbacks and screening requirements be if you weren't exempt from this? Do you have a sense of what they typically would have been, or staff?

But big picture, you mean you don't have to do it, but you're saying you're going to do some screening?

Okay. Okay. Those are my questions for tonight. Are there any other questions or comments? First of all, I'm delighted that you're trying agrivoltaics, that you're committing to that. There are several projects that we approved gave recommendations on that were approved through the state with agrivoltaics, but I don't think they've been installed. So it'd be, you know, the more that you can get out there to show it works or, you know, so that, because I'm sure that, you know, it may need tweaking over time, you know, but this is great that you're doing that. And the last is where do you connec

Okay, great. And you mentioned that the county's involved in this in some way. Can you go over again how the county's involved? You said?

Those are my comments, and then as we move to staff, as we move forward on other solar projects, I think it's also what Commissioner Petterm said, just to note during the package, you know, what type of soil. So just so it's just recorded. It has nothing. It's still... You know, we can do nothing about it. You know, the state preempts, but it's just good to know what type of soil it is. Those are my questions or comments, thank you.

I have one or two non-sheep related questions and comments. For one, with this project, I think you just answered one of my questions, which was on community solar credit. I know the state has, but I don't know if this qualifies since you're selling to the county or it doesn't qualify under community solar for credits for housing and low income residents.

We use one in my day job, so I was curious if it was qualified on that or not, but that's interesting, I appreciate it. The second question I have on this is, is there potential to expand on this site later on? I get this is a fairly oddly shaped site, you have forest conservation requirements, there's some other things in it. Is there any potential to expand later on or to subdivide the site and to expand in that way, or any potential thoughts along those lines? I like two megawatts. I'd love to have more is my question, basically.

Yeah. I was just wondering, given the site and how it's structured, it is a little bit oddly structured site. I was curious if there was potential, you don't have plans for it, I understand that you're not doing it right now, but there's potential for expansion on site as well, or... once you factor in forest conservation setbacks and everything like that. Just curious.

Figure out the sheep breed first, then build more solar. I got you. But I was curious, given the site layout and everything.

Well, thank you. Appreciate that. That's all I have. I have some questions. And so my question with regards to the setback in the appearance and whether or not there would be a buffer, In my travels in that part of the county, in adjacent Howard County, I came across a solar panel array at the intersection of Ten Oaks Road and Brighton Dam Road, and it's an absolute eyesore there. And I'm concerned that, and that's in Howard County, and so I'm just concerned that you know, the bucolic nature of this part of the county remains somewhat, even though you're innovating and using the land for solar

Is the existing entryway going to be the same entryway or will there be a new entryway from 108?

So will it be the same entry point or a new entry point?

Is the existing hedgerow going to remain, or are you going to replace it with something similar?

I think this site, unlike other sites that are agricultural, is a good opportunity for the solar panels. My main concern is the aesthetics of it and how it looks from the road. And unfortunately, I've seen some solar panels that are in close proximity to the road, and it detracts from the overall beauty of the area. And unfortunately, solar panels are not handsome. And so my concern, again, is with the aesthetics and the setbacks. The setback of 100 foot from 108 or Damascus Road, I think, is fair. I've seen other setbacks that weren't as generous as that. But again, my concern is whether or n

So, Commissioner Bartley, we can't make them, but we can suggest. I believe what I heard was they are... Do they plan to put some sort of landscaping buffer? Is that what I heard?

Right, right. We can't make you, but we can suggest. And let's just do that.

I would like a commitment from them because I think when we're changing the overall look and appeal of the community with a commercial operation, especially one with permanence and of solar panels, I'm just concerned that it detracts from the overall beauty and quality of the area. That's it. And I think that although we cannot, quote unquote, make them do anything, Artie, if they would voluntarily agree to do it, I think that would be a very high source of motivation for me to vote yes. Thanks.

Sounds great to me. I don't know what...

So Mr. Mincio, I just want to understand what you're saying. Are you saying you're committed to doing that? I am. Okay. I mean, we can't hold you to it, but I appreciate.

Yeah. This is going to be on Route 108, Damascus Road.

Any other questions, comments, or concerns?

I do have a question. I really appreciate Mr. Mencia's commitment to have the trees planted there. Is there any way we can make that something where we can ensure it gets done and it's not just a proposal here at the hearing?

Why would you want to do something other than what your client said he was committed to doing here today?

My understanding is that your client, Mr. Mencia, wanted it, and so why can't we include it if your client wants it?

But the intent of it is to provide a landscape buffer.

I think that's a good idea, as opposed to specificity of what would be planned, but the goal to have something there to shield its view from Damascus Road or 108. I think that's fair.

So it still is the goal. The board wants a goal of that. The applicant to provide landscape buffer along Route 108.

Damascus Road. Damascus, yeah. That's fine. Okay.

Okay, thank you. Thank you, Mr. Mencia, for your cooperation and willingness to commit to that. Appreciate it.

Okay, so do we have two motions? Can I ask just one other question?

Yeah, well, good luck on through the PSC. Yeah, well, when they come to us, what was also pretty impressive, I'm sure, but on the other project we've seen, they may have the same or more, but there's like 4,650 solar panels. That seems like a lot of solar panels. But also, we have two motions. There's one for, do I have one? Motion to approve mandatory referral number MR2026015, where staff is recommending approval of the mandatory referral and transmitting comments to the applicant in the state of Maryland Public Service Commission with also the caveat that the project have a goal of a landsc

I'll move to approve the mandatory referral to the PSA with the comments from today. Second.

All in favor? Aye. Ayes have it, five-zero. And then the last is to have a motion for approval of the Forest Conservation Plan where staff is recommending approval with conditions.

Yeah, move to approve the Forest Conservation Plan with conditions. Second.

All in favor? Aye. The ayes have it. Thank you. That was our last item of the day. I wish everyone a happy, safe Fourth of July weekend. Thank you.