Calvert County Planning Commission Regular Meeting – March 18, 2026

The Calvert County Planning Commission held a regular meeting on Wednesday, March 18, 2026, at 7:00 p.m. The meeting included work sessions on proposed text amendments for data center conditions and a comprehensive set of other zoning ordinance amendments, a legislative update, a presentation on the new development review process, and public comment. No major subdivisions or site plan applications were on the agenda. The Commission voted to continue review of the data center text amendment with comments due by April 2, 2026, and received information on other amendments for future public hearings. Public speakers expressed strong concerns about a potential data center project near Calvert Cliffs.

Consent Calendar

• The Commission approved the agenda as presented.
• The Commission approved the summary of actions from the February 18, 2026, Public Hearing and the February 18, 2026, Regular Meeting.

Public Comments & Testimony

• Bob Estus (self): Suggested that the county use modern communication methods beyond newspaper advertisements for public meetings, particularly for data center public meetings.
• Marty Hurry (self): Commented on stormwater rainfall values, noting DPW plans to increase them by 30% and offered his own data.
• Sylvia Baton (self): Urged the Commission to consider light pollution impacts on bird migration, promote liquid cooling over evaporative cooling to save water, require a decommissioning bond, and address thermal pollution of the Chesapeake Bay.
• Susan DeZurik (self): Presented details from a state application (MDE) for the proposed Calvert County Data Center project by Minute Developers LLC, describing three campuses totaling 225,000 square feet and 500 megawatts of capacity. She argued the proposed amendments are insufficient and called for a comprehensive consultant review.
• Miriam Gole (self): Questioned why the Commission is proposing amendments if the BOCC has called for a moratorium. She raised concerns about water use (well vs. public system) and suggested requiring water recycling, LEED certification, solar power, strict compliance with environmental regulations, and air quality monitoring. She urged a moratorium and thorough study.
• Ernest Schifflet (self, lifelong resident): Described buying a lot adjacent to Calvert Cliffs property zoned Farm and Forest, which was rezoned to Heavy Industrial in 2025. He argued the proposed 400-foot setback is inadequate and requested a larger setback to protect existing residents.
• Joseph Cormier (self, virtual): Expressed concern that staff sent draft amendments to AWS for feedback before public input, calling it “letting the fox design the hen house.” He emphasized the need for enforcement teeth, regulation of discharged water, and consideration of electromagnetic frequency (EMF) impacts. He called for transparency and a halt to the process.

Discussion Items

Work Session – Proposed Text Amendment #26-23 (Data Center Conditions)

• Presentation and Background: Rachel O'Shea, Deputy Director of Zoning, presented the proposed conditions for data center uses. The BOCC directed staff to draft these amendments. Existing conditions include a 200-foot setback from property lines, 400 feet from residential lots, building facade treatments, and noise compliance with Chapter 80. New proposed conditions include:
  • No groundwater wells for cooling; water use must focus on efficiency and sustainability, with a water services plan reviewed by P&Z, Public Works, and Health Dept.
  • Detailed water plan requirements (e.g., peak and annual demand, identification of sources, evaluation of non-potable water, prohibition of inefficient evaporative systems like once-through cooling).
  • Outdoor generators must meet EPA Tier 4 final emission standards.
  • A third-party review provision for compliance, paid by the applicant.
• Commissioner Questions and Discussion:
  • A Commissioner noted that the current noise ordinance may not adequately address low-frequency hums from data centers; staff noted this for further research.
  • Another Commissioner questioned the phrasing “no groundwater well shall be drilled or used” – clarified it means no groundwater use at all.
  • The third-party reviewer selection process: the county procures independent reviewers; it is not the applicant’s choice.
  • Staff explained the amendments were drafted by examining other jurisdictions (Virginia, Arizona), not from data center companies. Data centers were informed but did not drive the amendments.
  • A Commissioner expressed strong opposition, stating that without proper research on noise and other impacts, he would vote against any data center proposal. He also noted that the proposed amendments are the most comprehensive he has seen.
• Motion: A motion was made to further review the proposed text amendment, have commissioners email comments to staff by April 2, 2026, and direct staff to compile those comments (including discussion from the meeting) for review at the April meeting. The motion passed.

Work Session – Proposed Text Amendments #26-01 through #26-06, #26-08 through #26-22, #26-24

• Presentation: Beth Rimmer, Zoning & Permitting Division Chief, presented a series of text amendments addressing state law updates and outstanding issues. Key amendments included:
  • #26-01: Update forest conservation to comply with state law (SB 526), requiring 1:1 reforestation (with exceptions for priority funding areas and multifamily). Also includes local incentives for preserving monument trees and granting credit for green infrastructure.
  • #26-02: Exempt Board of Education properties from certain requirements.
  • #26-03: Remove “tenant house” as a separate use; include as dwelling accessory to a residence.
  • #26-04: Align with state accessory dwelling unit law (HB 1466), providing a waiver for parking if on-street space is available.
  • #26-05: Add “retail accessory” use in light industrial and mixed-use districts (up to 25% of net space) to replace removed “flex space.”
  • #26-06: Remove harbor line provisions (state jurisdiction).
  • #26-08: Sign article clarifications, including allowing home occupation signs (1 sign, 4 sq ft, 6 ft height) without permit, and revising setback for electronic message centers from residential property line to residential dwelling.
  • #26-09: Allow exemptions from sidewalk requirements in I-1 and I-2 districts upon justification.
  • #26-10: Limit bike rack requirements to town centers.
  • #26-11: Restore side and rear setback reduction policy (to zero feet) for adjacent properties under same ownership or in specified commercial/industrial zones, subject to safety and screening.
  • #26-12: Remove additional setback requirements for auto filling stations and repair shops (staff considers them too restrictive).
  • #26-13: Limit 40-foot buffer requirement to solar, commercial power, and data centers; revert others to 20-foot buffer.
  • #26-14: Use “enclosed space” instead of “gross floor area” for residential structures to prevent garage conversion abuse.
  • #26-15: Clarify manufactured home conditions, including allowing as accessory dwelling per state law; remove requirement for wood/masonry exterior appearance.
  • #26-16: Prohibit food trucks in public rights-of-way.
  • #26-17: Update definition of “personal services” to replace “health club” with “personal training services.”
  • #26-18: Restore 5,000 sq ft limit for office/medical office in St. Leonard Town Center.
  • #26-19: Clarify plat certificate requirements.
  • #26-20: Clarify Board of Appeals authority for special exceptions and appeals.
  • #26-21: Revise site plan requirements for farm structures: less than 5,000 sq ft only plot plan; 5,000+ sq ft requires Category 2 site plan.
  • #26-22: Add 100-foot setback for dispensaries from residential districts.
  • #26-24: Allow up to two family conveyance lots per eligible parcel for two years after adoption; then revert to one. This provides a grace period for those affected by the previous change.
• Commissioner Questions and Discussion:
  • Regarding #26-11 (zero setbacks), a Commissioner expressed concern about future changes in ownership and non-conforming uses; staff noted it was common practice and reviewed by safety agencies.
  • On #26-13 (40-foot buffer), a Commissioner questioned why other industrial uses (e.g., sawmills) were excluded; staff acknowledged and noted it is a policy choice.
  • On #26-24 (family conveyance), a Commissioner strongly supported removing the sunset provision to allow more time for farm families, arguing that development in towns is not helping current residents afford housing.
  • The amendments were presented for information only; staff will proceed with public hearing process.

Key Outcomes

• Motion on Data Center Text Amendment (TA #26-23): The Commission voted (with one opposed) to further review the proposed text amendment, invite email comments from commissioners by April 2, 2026, and direct staff to compile those comments (including tonight’s discussion) for review at the April meeting before forwarding to the Board of County Commissioners.
• Other Text Amendments: No vote was taken; these amendments will go through the public hearing process as informational items. The Commission provided comments and concerns for staff to consider.
• Legislative Update: Jason Brinkley reported that the BOCC sent opposition letters to three state bills (HB 239/SB 360, HB 548/SB 325, HB 778) that could significantly increase density in town centers. HB 239 (Starter and Silver Homes Act) is the most advanced and has amendments but still concerns.
• New Development Review Process: Tamara Blake Wallace presented the revised three-step process (concept, detailed preliminary, final) implemented in November 2025, which allows earlier electronic submittals and gives the Planning Commission more complete plans at review. The process is available via the Encompass portal.
• Public Comment Noted: The Commission heard significant public opposition to the proposed data center project, with many speakers calling for a moratorium, stricter regulations, and more comprehensive study of environmental and health impacts.