MIDLAND’S DEVELOPMENT

In early 2004, despite strong local opposition, the St. Michaels Commissioners went on to approve Midland’s Growth Allocation request for 279 residences, a 24-room hotel, and 15,000 square feet of retail space on the 72-acre parcel within town boundaries. Because 99% of the property was less than 1,000 feet of the Miles River, Maryland’s Critical Area Commission imposed strict conditions on the project—including a 300-foot setback from the water for all impervious surfaces.

In September 2005, however, the Critical Area Commission reached a tentative compromise with the Midland Companies, settling for a 150-foot setback from Mean High Tide. Since St. Michaels hadn’t been party to this new agreement, the Town had to play “catch up” by processing another Growth Allocation application on the new 150-foot plan.

As the public hearings progressed, some disturbing information came to light. For example, Midland may have agreed to a 150-foot setback—BUT the Critical Area Commission simultaneously agreed that Midland could shift Mean High Water up to 50-feet into the Miles River through a new “created wetland” and to begin counting its setback from there! (Fortunately, Maryland Department of the Environment has since scuttled this plan.)

The public hearings documented additional flaws in the project (and the original Growth Allocation award). For example, the proposed density had been miscalculated and was actually twice that of the existing town. Additionally, no effort had been made to cluster houses out of the flood plain—an increasingly serious consideration, given continuing sea level rise. Moreover, the storm-water management system was significantly down-graded from the previous plan.

In March 2006, the Town Commissioners approved Midland’s latest Growth Allocation request (four to one), but the approval carries 61 conditions, including: a state-of-the-art storm water management system; vehicular access (and therefore improvements) to Yacht Club Road; screening around the perimeters of the property, adjustments within the flood plain (which accounts for 33% of the property), and no further reduction of lot size. All 61 conditions must be fully addressed in order for the site to qualify for a Traditional Neighborhood Design (TND) overlay zone. And a TND overlay zone is required for the Growth Allocation to become effective.

Nevertheless, the Critical Area Commission approved this latest Growth Allocation as a “program refinement” in May, without the benefit of a public hearing.

Next Steps

    * The Commissioners of St. Michaels are revising the Town’s zoning to tighten storm-water management criteria. Midland will have to comply with these new requirements.
    * As a condition of Growth Allocation, Midland must quickly pursue annexation of the 17-acre “Hunteman” parcel, on which to develop 42 additional residences.
    * The Midland Companies is currently revising its sketch plan to meet the 61 conditions and additional requirements, such as ensuring fire safety. We anticipate that the TND Overlay Zone public hearings will begin in earnest during the fall of 2006.
    * Maryland’s Board of Public Works and Department of the Environment must sign off on the storm-water plan, as well as a public pier and a created wetland in a location that does not meet the state’s own guidelines. A public hearing has been delayed until the applicant is forthcoming with all relevant data.

Midland’s failure to meet any one of these benchmarks could result in the loss of Growth Allocation for the entire project.