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Commissioners hear competing views on proposed lot‑line fixes for open‑space programs; multiple zoning text amendments held over
Summary
The board held public hearings on several citizen‑sponsored zoning text amendments (including ordinances 2609/2610 on TDR/NCD lot‑line adjustments) and left most items open for two weeks. Conservation groups warned the changes could enable non‑farm uses on deed‑restricted open space, while landowner representatives urged administrative flexibility for practical lot‑line fixes.
The Queen Anne's County Commissioners on May 26 heard a mix of technical presentations and pointed public comment over proposals to allow administrative subdivision (lot‑line adjustments) of open‑space parcels enrolled in the county's Transfer Development Rights (TDR) and Non‑Contiguous Development (NCD) programs.
Opponents, led by Jay Falstad of the Queen Anne's Conservation Association, told the board the proposed amendments to Ordinances 2609 and 2610 risk "opening up Pandora's Box" because deed restrictions on open space were the basis for landowners' agreements with the county. "They knew what they were getting into. They sold their development rights...and that’s now included in their deed," Falstad said, arguing that allowing administrative subdivision could enable non‑farm uses such as lighted courts or other amenities that earlier restrictors had not anticipated.
Proponents and landowner representatives said the amendments are intended as limited fixes to enable sensible boundary adjustments without changing permitted uses. Willie Parker, speaking for property owners affected by a non‑contiguous parcel in Meadows Edge, described the proposal as a way to "permit administrative subdivision...so adjoining landowners can share in the ownership of the land" while preserving existing covenants and deed‑based restrictions.
County staff framed the amendments narrowly. Planning staff repeatedly emphasized the drafts permit only lot‑line adjustments and not reconfiguration or creation of new lots; the administrative subdivision process would still impose the same covenants and restrictions on subdivided parcels. One staff member summarized the intention bluntly: "All we're changing is ownership. We're drawing a line," arguing the restrictions that applied before would continue to apply afterward.
Several commissioners signaled concern and asked staff to return with clarifying language. The board left both Ordinance 2609 (TDR standards) and Ordinance 2610 (NCD standards) open for two weeks and requested additional information and possible draft amendments aimed at removing opportunities for unintended non‑farm uses.
Other zoning items on the agenda were also held for further review. The commission opened legal advertisements and presentations for Ordinance 2604 (allowing certain large boat sales/repair and marina uses in the Airport Protection and Kent Island Gateway District), Ordinance 2607 (raising non‑residential FAR in the Waterfront Village Center from 30% to 40%), and Ordinance 2608 (allowing "commercial apartments" on any floor in the WVC), but none drew public testimony the night of the hearing and all were left open for two weeks.
The commissioners did not take final votes on the zoning text amendments at the May 26 meeting; staff will return with additional analysis and possible redrafts as requested.
