KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, October 2, 2003, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Patricia Langenfelder; Rev. Ruben Freeman; Marcy Brown; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the September 4, 2003 meeting were approved after correcting topographical errors.

APPLICATIONS FOR REVIEW

Edwin C. & Lorraine Fry - Agricultural Land Preservation District - Mr. and Mrs. Fry wish to create an Agricultural Land Preservation District on their 404 acre farm located on Augustine Herman Highway in the Fourth Election District. Fair Hill Farm consists of 249.5 acres of cropland, 56.5 acres of pasture and 47 acres of woodland. Approximately 87.4% of the soils are considered Class I, II, or III. The property is zoned "AZD".

Mrs. Lorraine Fry was present and sworn in with staff by Chairman Morris.

In 2001 the Frys requested approval to establish a district, however the County Commissioners tabled the application pending resolution of the airport issue. The plans for an airport at this site have now been abandoned and the Frys wish to proceed with establishing an agricultural preservation district.

Ms. Martin advised the creation of this district will create a contiguous block of over 600 acres enrolled in the MALPF program. The Agricultural Advisory Commission identified this farm as one that is critical to the continuance of agriculture in Kent County. Ms. Martin reviewed applicable and recommended approval.

Mrs. Fry had no additional comments.

There was no correspondence in the file from adjoining property owners and there were no comments from the audience.

After a brief discussion, motion was made and seconded to forward a favorable recommendation to the County Commissioners recommending approval of the Edwin C and Lorraine Fry agricultural land preservation. The vote was unanimous.

#03-88 Matthew & Nancy Olcott - Buffer Variance - The Olcotts are requesting three variances, specifically: a variance of 19 feet to replace a septic system within the 100 foot Critical Area Buffer; a variance of 12 feet to construct a replacement dwelling 3 feet from the north side property line; and a variance of 5 feet to construct the replacement dwelling 10 feet from the south side property line. The 1.72 acre parcel is located on the Sassafras River and Turners Point Road in Kentmore Park, Second Election District The zoning of the property is "CAR" Critical Area Residential.

Matthew Olcott was present and sworn in with Ms. Moredock by Chairman Morris.

Ms. Moredock reviewed the staff report and applicable law and requirements for granting a variance.

Ms. Moredock read correspondence received from the Critical Areas Commission and the Maryland Department of the Environment.

Staff recommended approval of the buffer variance, but recommended the Olcotts consider the installation of a nitrogen removal system if complete septic system replacement is needed and if soils permit. Ms. Moredock also recommended approval of the side yard setback requirement.

Mr. Olcott advised his existing house is too unstable and he wishes to demolish the old house and replace it with a new structure. His existing septic system is failing and he has been advised by the Health Department, after they inspected the site, that a new system is needed and the only place to install a new septic system is in the buffer.

Chairman Morris asked for public comments. There were no comments from the audience.

After reviewing the application with Mr. Olcott and further discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the variance to allow the Ocotts to place a nitrogen removal septic system within the 100-foot Critical Area Buffer. This recommendation is based on the following findings:

The motion was seconded and the vote unanimous.

Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of a variance for a side yard variance of 5-feet from the south side line and a side yard variance of 3-feet from the north side, provided the owners mitigate the removal of one tree within the Buffer at a ratio of 3:1 based on canopy square footage of the tree. This recommendation is based on the following findings:

The motion was seconded and the vote unanimous.

#03-95 James T. Anthony - Major Subdivision - Mr. Anthony is requesting preliminary approval for a major subdivision creating a 10-acre parcel from his 32.379 acre parcel located on Airy Hill Road in the Seventh Election District. The property is zoned "AZD" Agricultural Zoning District.

Mr. Anthony was present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report advising the Planning Commission of applicable law. She noted this parcel is currently in the Agricultural Land Preservation Program. Before subdivision can be approved, the district must be terminated. A standard stormwater management plan is required before final approval can be granted. Ms. Moredock recommended preliminary approval.

Staff advised no correspondence has been received regarding this application.

Chairman Morris invited Mr. Anthony to comment. Mr. Anthony advised this parcel is for his daughter. Although the parcel has been a MALPF District, no easement has been sold.

The AZD District in the current Zoning Ordinance, allows for a parcel of 4 to 60 acres to be subdivided one time. The new Land Use Ordinance which becomes effective October 3, 2003, does not provide this option. Since Mr. Anthony's application was submitted prior to the effective date of the new Land Use Ordinance, the Planning Commission takes action based on the existing ordinance.

There were no public comments.

After additional discussion, Ms. Brown made a motion to grant preliminary approval of the James T. Anthony Major Subdivision creating one 10-acre lot from a 32.379-acre parcel which has been in existence since 1989. Before final approval can be granted, a forest conservation plan and a stormwater management plan must be approved. The Maryland Agricultural Land Preservation Foundation must approve the termination of this MALPF district. The motion was seconded and the vote unanimous.

#03-96 Millard F. Reed - Major Subdivision - Mr. Reed is requesting preliminary approval for a major subdivision creating two lots from his 84-acre farm with one lot being 23.702 acres in size and the other 13.129 acres. Approximately 48 acres remains. The property is located Augustine Herman Highway (Route 213), in Kennedyville. The two large lots are zoned "AZD" and the remainder is currently zoned "RR".

Mr. Reed was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report with the Planning Commission advising them of relevant issues and applicable law. As stated in the previous application, this application falls under the existing zoning regulations which allows for a parcel of 4 to 60 acres to be subdivided one time. The new Land Use Ordinance which becomes effective October 3, 2003, does not provide this option. Since Mr. Reed's application was submitted prior to the effective date of the new Land Use Ordinance, the Planning Commission takes action based on the existing ordinance. Ms. Martin recommended preliminary approval.

There was no correspondence received in the office.

Mr. Reed advised he plans to sell part of the parcel. Just about half of the parcel is zoned "RR" and the other portion zoned "AZD", but under the new zoning, the portion zoned "RR" will now be zoned "V" Village.

Chairman Morris asked for public comments. Ronald Gish, who lives on Augustine Herman Highway, asked where houses will be located.

After a brief discussion, Rev. Freeman made a motion to grant preliminary subdivision approval. The motion was seconded and the vote unanimous. It was noted that before final approval can be granted, a forest conservation plan and a stormwater management plan must be approved, as well as other requirements necessary for final plat approval.

#03-97 J. Roy Snyder - Major Subdivision - Mr. Snyder is requesting preliminary approval for a major subdivision to create a 2-acre parcel from his 26.439 acre property located on Brice's Mill Road in the Seventh Election District. The property is zoned "AZD" Agricultural Zoning District.

Mr. Snyder was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report with the Planning Commission advising them of relevant issues and applicable law. As stated in the previous application, this application falls under the existing zoning regulations which allows for a parcel of 4 to 60 acres to be subdivided one time. The new Land Use Ordinance which becomes effective October 3, 2003, does not provide this option. Since Mr. Snyder's application was submitted prior to the effective date of the new Land Use Ordinance, the Planning Commission will take action based on the existing ordinance.

Ms. Martin recommended preliminary approval. Before final approval can be granted, a standard stormwater management plan and forest conservation plan must be approved.

Mr. Snyder advised that he wishes to down-size and for that reason is subdividing his property.

Following review and a brief discussion, Ms. Brown made a motion to grant preliminary plat approval for the J. Roy Snyder Major Subdivision creating a 2-acre lot from his 26.439 acre parcel. This parcel was a lot of record in August 1989 when the Zoning Ordinance was adopted. Before final approval can be granted, a forest conservation plan and a stormwater management plan must be approved, as well as other requirements necessary for final plat approval. The motion was seconded. The vote unanimous.

Chairman Morris advised the next application before the Planning Commission would be Drayton Manor. The Planning Commission will only be reviewing the concept site plan for the retreat center. The conditional use application and growth allocation application have been withdrawn from this month's agenda and will be submitted at a later date.

Chairman Morris advised she is a lay member of the Peninsula Delaware Annual Conference. At the June annual meeting she supported a motion and voted to investigate the sale of Drayton Manor, however she does not know this developer and it will not affect her decision in regards to this proposal.

The Chairman called for a five-minute break. Upon returning, Chairman Morris explained the procedure for review of a concept plan.

#03-85 Drayton Retreat Center - Site Plan Review (concept plan) - John Petro proposes an expansion of the Drayton Manor Conference Center located on Cooper's Lane in the Third Election District. The 33-acre property is currently owned by the Peninsula Annual Conference Methodist Church and is operated as a conference center. Mr. Petro proposes to expand the facility from 20 guest units to 40 guest units, and to include a 5,500 square foot conference facility, 8,000 square foot spa and fitness center, a new chapel, and two tennis courts. The property is zoned "RCD" Resource Conservation District.

Present and sworn in by Chairman Morris were: John Petro; John Fedes; Ken Abraham; Rev. Jack Schitama; and Gail Owings.

Mrs. Owings reviewed the lengthy staff report expanding on the proposal which includes:

Mrs. Owings reviewed relevant issues dealing with this proposal and addressed sections of the Comprehensive Plan. She also referred to applicable text from the Zoning Ordinance, specifically Article V, Section 2. A retreat center is a special exception which requires approval of the Critical Area Growth Allocation. Article VI, Section 1.2 of the Land Use Ordinance establishing parking standards.

Mrs. Owings continued with the staff report addressing site plan requirements. She advised the applicant needs to contact the Health Department concerning water and sewer issues. The Kent County Water and Sewer Plan will need to be amended to include this project. The County Engineer feels Coopers Lane is capable of handling traffic generated by this proposal, but a traffic study is appropriate. Lighting and signage should be addressed by the applicant to minimize any impact on the neighborhood. Walking trails should be considered on site and along Coopers Lane to mitigate traffic impact. In addition to roads and sanitary facilities, other public services which may be impacted by this proposal include fire and sheriff departments and emergency medical services.

A special exception is required for the retreat. Applicable law is found in Article VII, Section 6.49.

Mrs. Owings advised the proposal is generally consistent with the Comprehensive Plan. A conference center/retreat is listed as a priority by the County Commissioners, not restricting a location, but recognized by them as a priority. The Comprehensive Plan also identifies a conference center/retreat as a priority.

Growth Allocation is required. The applicant will also need to work with the neighborhood on traffic issues and pedestrian movement in and around the site. More information is needed about the proposed structures.

Chairman Morris asked about correspondence. Mrs. Owings advised letters have been received and read each individual letter, specifically:

A letter received from Stuart D. Appel, Kinnairds Point Drive, advising he could not attend the meeting but wanted to express his appreciation of the applicants to meet with the neighbors at Tuesday night's meeting. He feels additional time is needed for the applicants to meet further with the community. Mr. Appel feels a fiscal impact study should be completed by a qualified professional. A traffic impact study is also needed. The chapel should not disturb the Critical Area. Parking needs to be reduced. Water quality is also a concern and needs to be addressed. Mr. Appel is not opposed to development on the Drayton Manor property but feels it should be more modest and urged the Planning Commission not approve the project at this time.

Philip and Linda Dutton, residents for 17-years, appreciated the meeting with the developer. However, she is concerned about traffic increase, the large parking lot and potential noise. Coopers Lane should be restored to the original shoulder width and possibly widened to accommodate bike/pedestrian foot traffic. She is pleased the developer wishes to preserve the site.

Linda and Barbara Kramer, Kinnards Point Drive, adjacent to Drayton Manor, object to having a commercial establishment in a residential area. They object to a restaurant in a residential community. They are concerned about increased traffic and the negative affect it will have on the peaceful, quiet community. They are concerned about water quality.

A letter was received from the Chesapeake Bay Critical Areas Commission addressing growth allocation. They are not opposed to the conditional use as long as growth allocation is proposed. A better site plan showing the buffer is requested. They wish to be advised of the subdivision history of this property. Obtain a letter from the Department of Natural Resources indicating if there are any threatened or endangered species on the site.

Chairman Morris invited the applicants to speak. Mr. John Petro introduced the architect Ken Abraham to review the site plan. Mr. Abraham advised the overall plan was reviewed with the community Tuesday evening. He shared the same plans with the Planning Commission explaining the various building changes with renovation and new construction. Mr. Abraham pointed out the location of each building and also a drawing of each structure.

Mr. Abraham showed the existing septic systems on site. Staff advised the County Water and Sewer plan will need to amended to include this project. The Planning Commission feels a nitrogen removal system should be included in the upgrade. Mr. Fedes noted they are currently working with the Health Department. The Maryland Department of the Environment will be included in the review.

The Planning Commission asked about the need for all the parking proposed. The applicants pointed out the parking areas.

Mr. Fedes advised five boat slips are allowed however they have not made an application for the slips as yet but do intend to in the future. No golf course is proposed.

Mr. Fedes advised they expect to accommodate corporate businesses as well as tourist trade. He expanded on both types of clients.

With regards to concerns about traffic, the applicants do plan to have a traffic study prepared.

Mr. Petro advised he plans to design and build the conference facility as well as manage the facility. Professionals will assist in making the project work together. There is a full-service restaurant with 80 seats which will be expanded with another 15-seats to serve their clients.

It is expected the chapel will be used for some weddings. Only handicap parking will be provided at the chapel.

Chairman invited those in the audience who wished to speak to stand and be sworn in as a group.

Gerald Curtain, resident of Kinnairds Point, read a definition for "retreat". In the past, Drayton Manor has been dedicated to serving the public. It appears now the business will be different. Mr. Curtain feels this is a commercial venture with a hotel resort. This is a commercial operation in a residential area.

Pierre Olivero, resident of New Castle, Delaware and property owner of 12594 Coopers Lane, across from Drayton, advised he has been in the hotel business for years and moved to this quiet area to get away from the hotel business. He asked staff to read the definition for "retreat" in the zoning ordinance. Mrs. Owings read the definition from the zoning ordinance as well as the criteria in the special exception section of the ordinance with regards to a retreat. Mr. Olivero does not feel this project meets the criteria and definition of the county's zoning regulations. He continued asking questions of the applicants about the proposal.

Joan Smith, resident of Kinnairds Point, questioned the need for so much parking. She also inquired if the cottages will be "time-shares". She is opposed to any liquor license for the restaurant.

Bill Barren, Indian Field Court, Kinnairds Point, noted their community is a quiet peaceful neighborhood which will be disrupted by this development. Traffic is a real concern and must be addressed.

Dick Feeny Waterview Drive, Kinnairds Point, said this is a residential area and a conference center presents problems. He is concerned about increased traffic, congestion and other possible dangers. He feels the developers have taken the project to its maximum. He questioned ownership. Will cottages be sold?

Jerry Smith, Coopers Lane, advised he feels this is a well done project. He feels the developer and residents could work together for a win-win situation. He would like to see the piers and slips shown in the original plans. He feels Coopers Lane is adequate for motor traffic but would like to see an area for bikers and walkers.

Jane Hukill, 12597 Coopers Lane, advised she purchased her lot from Drayton Manor. She noted there is only one septic system at the front of Drayton. She and another property owner have allowed easements for that lot to be built. She feels traffic increase has been extensive over the last few years with residential development as well as Drayton. She feels it is not safe and a 3-way stop sign is needed. Mrs. Hukill feels the project plans are good.

Jackie Shields, 24185 Drayton Landing Drive, adjoining property owner to Drayton Manor, advised she has a clear view of the barn and other structures on the site. She asked that parking be moved. She is concerned about lighting, noise and security. Additional landscaping is needed.

John Caldwell, Kinnairds Point Drive, noted he and other residents are opposed to any variances being granted, because there is no hardship. He is concerned about water quality. Coopers Lane is a real issue. He feels this is a commercial project.

John Jopling, Coopers Lane, is concerned about the environmental impact of this project on water quality. He feels an impact studies must be prepared.

Clark Johnson, Drayton Landing Drive, is concerned about impact to endangered species and the need to protect them. He is concerned about water quality. Is there sufficient water? He asked if the units are "time shares".

Jack Fabinger, 24102 Cliff Drive, Extension, objects to this proposal because it will negatively impact the neighborhood.

Barry Conner, 24380 Waterview Drive, Clearview Development, said he likes where he lives and concurs with neighbors comments. He is opposed to the development of Drayton Manor because it will have a negative impact on the area and change the rural character.

Wally Gordon, 24179 Drayton, a resident for 18-years, advised his property adjoins Drayton Manor. He is concerned about drainage of water onto his property.

Elizabeth Collins, 8919 Orchard Drive, Chestertown, advised she does not live near the development, but she has some concerns about use of the church, sale of cottages, as well as many other questions.

Attorney Philip W. Hoon, representing Robert Steinwurtzel and Sarah Strang who reside at 24213 Drayton Land Road, advised his clients are concerned along with other residents. They ask that the Planning Commission deny this proposal. This is the wrong use at this location. Attorney Hoon feels this proposal is more than a retreat. Should the project be approved, his clients request a fence along the property line to keep people off adjoining properties. Stormwater is a concern and should be maintained on-site. Need to clarify that the cottages are not time-shares. The shoreline has not been addressed for some time and the shoreline is eroding. If project is approved, a conditional should be to restore and stabilize the shoreline. Mr. Fedes said they plan to address the issue with a buffer management plan.

After hearing comments from the audience, discussion ensued between the Planning Commission, planning staff and the developers reviewing various issues and applicable law. Mr. Fedes clarified questions raised about the housing units and stated there will be no condos and no time shares, with one entity owning the entire facility.

The following is a summary of the lengthy discussion and the Planning Commission's comments regarding the Drayton Retreat concept plan:

Chairman Morris applauded the developers for trying to work with the community. She encouraged the applicants to take into consideration the comments expressed.

Ms. Brown reminded the developers to look at the viewsheds, and buffering issues.

#02-156 Robert Glen Morton - Major Subdivision - Mr. Morton wishes to subdivide his 31 acre parcel creating a 15.559 acre parcel and a 15.259 acre parcel. The property is located on the Chesterville-Millington Road, First Election District, and is zoned "AZD" Agricultural Zoning District.

Surveyor Michael Scott was present on behalf of his client and was sworn in with staff by Chairman Morris.

Mrs. Owings informed the Planning Commission that Mr. Morton applied for a minor subdivision in December 2002. The proposal was reviewed by the Technical Advisory Committee in December and Mr. Morton and his surveyor were advised what submittals were required along with plat requirements. Recently, staff was made aware that this is a major subdivision not a minor subdivision, requiring approval by the Planning Commission.

As in previous major subdivision applications reviewed today, this property will be affected by the new land use ordinance which becomes effective October 3, 2003. Mr. Morton's application was submitted prior to the effective date of the new Land Use Ordinance. The Planning Commission is reviewing projects today based on the 1989 Zoning Ordinance which allows an option for parcels between 4 to 60 acres in the AZD District to be subdivided one time.

Mr. Scott reviewed the plat with the Planning Commission pointing out this parcel is wooded. There are no improvements on this land at this time.

Mrs. Owings recommended approval of the major subdivision.

Ms. Brown made a motion to grant preliminary approval of the Robert Glenn Morton major subdivision creating two parcels. The Planning Commission found this was a lot of record at the time the 1989 Zoning Ordinance was adopted. Before final approval can be granted, Mr. Morton must submit stormwater management plans, forest conservation plans, and other requirements necessary for final plat approval. The motion was seconded and the vote unanimous.

CHESTERTOWN DRAFT COMPREHENSIVE PLAN - Ken Noble, Chairman of the Chestertown Planning Commission presented the town's draft comprehensive plan. He reviewed several portions of the plan and asked for staff and planning commission to review and submit comments to the town prior to their November 3, 2003 meeting. Discussion continued.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - Ms. Moredock advised she attend a septic forum in Talbot County. Looking into putting together a forum with the Chester River Association and working with Ed Birkmire, Health Department to organize a similar forum in Kent County. She noted they are moving ahead with the Upper Chester River WRAS starting to identify mileage for the stream assessment. Staff has been working with Rock Hall Disaster Recovery Center daily.

Carla A. Martin, Community Planner - Ms. Martin has been working on getting the new Land Use Ordinance ready for distribution. Copies were given to the Planning Commission members.

G. Mitchell Mowell, Attorney - No report.

Gail Webb Owings, Planning Director - Mrs. Owings advised the County Commissioner are emphasizing the need for the planning staff to address zoning violations throughout the county. The Commissioners selected District Six as a target for enforcement. They are to search out violations addressing nuisance and zoning violations.

Staff has been working closely with property owners affected by Hurricane Isabel. Mrs. Owings encouraged the Board to get the word out to property owners the need to comply with regulations by obtaining permits for demolition and renovation work. She explained FEMA requirements.

There being no further business, Chairman Morris adjourned the meeting at 5:55 p.m.

____________________________________

Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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