Calvert County Planning Commission Public Hearing - August 20, 2025
Calvert County Planning Commission Public Hearing
Date: Wednesday, August 20, 2025, at 7:00 PM (Virtual and In-Person)
Location: Harriet E. Brown Community Center, 901 Dares Beach Road, Prince Frederick, MD 20678
Quorum: All seven commissioners present (Bury, Freeland, Gadway, Kernan, McQueen, Toohey, Weems)
The Planning Commission held a public hearing to consider one zoning map amendment (MA 25-01) and twelve zoning text amendments (TA 25-02 through 25-13). The meeting lasted approximately five hours, with deliberation and public comment on each item.
Zoning Map Amendment (MA) 25-01
Proposal: Rezone two parcels at 136 and 150 East Chesapeake Beach Road (current zoning: Rural Commercial and Rural Neighborhood District) to Town Center Core District. The applicant (Dash In Food Store Inc., represented by attorney Matthew Tedesco) seeks to demolish the existing gas station and single-family home and redevelop a modern automobile filling station with improved landscaping, lighting, stormwater management, and traffic circulation.
Staff Presentation: Will Hager, Planner III, summarized the application. The property lies within the proposed Owings Town Center expansion area in the Comprehensive Plan. Staff noted that the existing gas station is a non-conforming use; the rezoning would permit expansion. The Planning and Zoning Department stated that no mistake was made in the original zoning, but a policy decision not to consider town center zoning during the comprehensive rezoning left the property in its current state.
Commission Discussion:
- Commissioner Burry expressed concern about setting a precedent for expanding town center core across MD 260, a major two-lane road. He worried about future traffic and development in the area, especially before the Owings Town Center master plan update (expected in 12-13 months).
- Commissioner Gadway noted that the gas station is dated and needs modernization; he supported the rezoning as consistent with the Comprehensive Plan.
- Commissioner Freeland questioned whether a mistake was made and whether the applicant could instead rezone only the residential parcel to Rural Commercial, but staff confirmed that automobile filling stations are only permitted in town centers.
- The applicant argued that the original zoning was a mistake because the property was not considered for town center zoning despite being in the Comprehensive Plan expansion area. They emphasized that the project would be a catalyst for redevelopment in Owings.
Public Comment: None.
Action:
- Motion to close the record, find the amendment consistent with the Comprehensive Plan, and that a mistake was made in the current zoning, recommending adoption by the Board of County Commissioners.
- Vote: 6-1 in favor (Commissioner Gadway opposed).
Zoning Text Amendments (TA) 25-02 through 25-13
Staff presented each text amendment with slides. Most amendments had no public comment and were approved unanimously unless noted. The key items are summarized below.
TA 25-02: Revise definition of "retaining wall" to exclude walls less than 36 inches in height (considered decorative landscaping).
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-03: Remove provisions from the zoning ordinance related to agricultural preservation districts (APDs) and move them to the Agricultural Preservation Rules and Regulations. The deletion includes language that APDs are governed by rules in effect at time of creation, which would allow retroactive application of new rules.
- Public Comment: Paige Wairo, attorney for multiple APD property owners, argued that retroactive changes would violate due process and property rights, and urged the commission to reject the amendment.
- Commission Discussion: Commissioners expressed concern about legal implications and the lack of a complete draft of the new rules. The motion was to find the amendment not consistent with the Comprehensive Plan.
- Action: Unanimous vote (7-0) to recommend rejection (i.e., not consistent).
TA 25-04: Allow bed and breakfast facilities (in existing dwellings built before March 1, 2025) and food trucks as conditional uses in APDs.
- Action: No motion; the item was tabled (no action taken).
TA 25-05: Clarify that if a use is not listed or determined by the Zoning Officer, it is not permitted in any district.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-06: Allow garden centers/farm supply stores in Farm and Forest and Rural Community districts, limited to 7,500 sq. ft. gross floor area.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-07: Amend accessory dwelling unit (ADU) regulations: limit ADU size to 75% of main dwelling (align with state law), remove certain setback requirements (state preemption), and require adequate vehicular access as determined by Public Works.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-08: Revise parking requirements for home daycares and home occupations. Reduces drop-off parking from two spaces to one for daycares with ≤12 clients; eliminates special exception for Class A home occupations; adds special exception for daycares with 13-19 clients in certain districts.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-09: Reinsert public utility lines and accessory structures as permitted uses in all zoning districts (accidentally removed during the zoning rewrite).
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-10: Clarify permitting requirements for accessory structures: building permit required for structures ≥200 sq. ft. or in Critical Area; all detached structures must meet setbacks; allow accessory structures on adjoining lots with easements; special exception required for structures on lots without a primary structure.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-11: Clarify that final detailed site plan approval or subdivision plat approval must be obtained before issuance of any building permits (including grading permits).
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-12: Prohibit temporary signs on public property (rights-of-way, utility poles, etc.) without express permission. Enforcement would be under zoning ordinance with fines up to $500.
- Commission Discussion: Questions about enforcement and impact on political signs. Staff clarified that the ordinance is content-neutral and aims to keep public lands clear of private advertising.
- Action: Unanimous approval (7-0) to recommend adoption.
TA 25-13: Revise Critical Area regulations per state Critical Area Commission requirements. Key changes: review cycle from 6 to 10 years; allow lot coverage increase up to 500 sq. ft. with permeable pavers; add environmental justice and climate change considerations for growth allocation; update definitions.
- Commission Discussion: Concerns about ambiguous language in paragraph E (equitable distribution of burdens and benefits) and the 10-year review interval. Staff noted the language is mandated by the state and failure to adopt could result in loss of permitting authority.
- Action: Vote 6-1 to recommend adoption (Commissioner McQueen opposed).
Key Outcomes
- MA 25-01: Recommended approval of zoning map amendment to Town Center Core (6-1 vote).
- TA 25-03: Recommended rejection (not consistent with Comprehensive Plan) (7-0 vote).
- TA 25-04: No action taken; tabled.
- TA 25-02, 25-05, 25-06, 25-07, 25-08, 25-09, 25-10, 25-11, 25-12: Recommended adoption (unanimous votes).
- TA 25-13: Recommended adoption (6-1 vote).
- All recommendations will be forwarded to the Board of County Commissioners for final decision.
Meeting Transcript
Welcome to the Planning Commission public hearing for Wednesday, August 20th, 2025. All hearings tonight are duly advertised, and the certificate of publication is part of the record for each hearing. Citizens are invited to provide comments on any and or all of the hearings after each presentation has concluded. Each of the hearings will have a separate comment period, followed by a brief following the brief presentation. Anyone that's here in person who wishes to speak must sign up on the sign-in sheet located at the door. And I think they're color-coded as to the text amendment that you would like to speak on as you enter the door. My name is Tamara Blake Wallace, and I am the deputy director of planning, and now I will now turn the meeting over to our chairman. Good evening. Welcome to the Calvert County Planning Commission public hearing. I'm John Twee Chair. I'm going to take attendance to determine our quorum. Commissioner Burry. Commissioner Freeland here. Commissioner Gadway. Here. Commissioner Kearning. Here. Commissioner McQueen. Here. And Commissioner Wings. Here. We have full attendance and we have a quorum, so we are there for call to order. If you'll all join me in the Pledge of Allegiance, please rise. Our pledge of allegiance to the flag of the United States of America. Under God, indivisible liberty and justice for all. That brings us to item three tonight, presentation by staffs. And item 3A is the zoning map amendment. Okay. Good evening, Commissioners. Good evening, Mr. Hager. I am Will Hager, uh, planner three with the Department of Planning and Zoning. And before we get into the presentation slides for zoning amendment 25-1, I'd just like to make a few opening comments. And that is that this public hearing has been duly advertised. A sign giving notice of the public hearing was posted on the subject property, and legal notice was mailed to all adjoining property owning property owners, and we received no comments, uh no written comments in regard to either uh the map amendment or any of the text amendments that are the subject of tonight's public hearing. So with that, we'll begin the presentation for zoning map amendment 25-1. And we received uh this zoning map amendment application in March of this year. This material was presented at an informational work session with the planning commission back in June as well. The properties uh subject to the zoning map amendment application include 136 East Chesapeake Beach Road and 150 East Chesapeake Beach Road located at the intersection of MD 778 and MD 260 directly adjacent and north of Owings Town Center. The existing zoning of the property at 136 East Chesapeake Beach Road is rural commercial, and the existing zoning of the property at 150 East Chesapeake Beach Road is rural neighborhood district. These the existing uses at 136 East Chesapeake Beach Road is an automobile filling station, and the existing use at 150 East Chesapeake Beach Road is a single family residential dwelling. The proposed zoning for the subject properties in this application is Town Center Core District for both parcels. The Owings Town Center zoning ordinance describes the core district as the intent within this district is to allow for a variety of complementary uses appropriate to the scale and traffic volume of regional thoroughfill and adjusted and adjusted to the village scale of the Owings area and to promote and sustain commercial development. The proposed use of the property is an enhancement to the existing automobile filling station at 136 East Chesapeake Beach Road and expanded onto 150 East Chesapeake Beach Road. The automobile filling station is not a permitted use in the rural commercial district, making the existing filling station a non-conforming use. And if the rezoning request is approved, the proposed development would be in conformance with the requirements, regulations, and conditions set forth in the Calvert County Zoning Ordinance, which permits automobile filling stations as a conditional use in the Owings Town Center Core subdistrict. On this slide, we're looking at the current zoning of the area around Owings Town Center. The two parcels circled in the middle are the subject properties. And on this slide, we're looking at what the zoning in the same area would look like if this zoning map amendment were to be approved. On this slide, you can see the delineation of the subdistricts within Owings Town Center as they exist today.
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