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KENT COUNTY, MARYLAND
PLANNING AND ZONING

Commission Minutes

 

The Kent County Planning Commission met in regular session on Thursday, March 6, 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; Rev. Ruben Freeman; Jay P. Lancaster, Roger N. Mangels; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

ELECTION OF OFFICERS - Motion was made by Mr. Lancaster nominating Elizabeth Morris as chairman, noting Mrs. Morris has done an excellent job as chairman in the past. The motion was seconded, and the vote unanimous. Attorney Mowell asked for a nomination for vice-chairman. Rev. Freeman nominated Bill Sutton for vice-chairman. The motion was seconded. The vote was unanimous.

MINUTES - The Minutes of the January 2, 2003 meeting were approved as written.

APPLICATIONS FOR REVIEW

#03-03 H. Robert Nelson - Buffer Variance & Side Yard Variance - The Nelson Family wishes to demolish their single-family dwelling and replace it with another dwelling. In order to accomplish this, the Nelson must obtain three variances: 1) to replace a septic system within the 100-foot Critical Area Buffer; 2) to construct a portion of the new dwelling within the 100-foot Critical Area Buffer; and 3) to reconfigure an existing deck which is over the adjacent property line and place it on their property. The .275 acre parcel is located on Belchester Road, Kentmore Park, in the Second Election District. The property is zoned "CAR".

Mr. and Mrs. Nelson were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting applicable law found in Article V, Section 4 of the Zoning Ordinance as well as Article X, Section 2 which define the Critical Area Buffer, and Article IX which sets forth the criteria for granting a variance. The impervious surface limit on a .27 acre parcel is 2,994.74 square feet. The applicant meets this requirement since proposed impervious surface will be 2,211 square feet. Staff noted the size and shape of the parcel causes an unwarranted hardship. Ms. Moredock recommended approval of the three variances requested by the Nelson Family.

Chairman Morris noted that testimony was heard from the Nelson's neighbors in Kentmore Park at the February 6, 2003 meeting. All neighbors attending that meeting spoke out in support of the Nelson's proposal.

Mr. Nelson explained what he has done since his previous meeting before the Planning Commission in February. He pointed out, by receiving approval of the needed variances, he will be able to preserve the mature Sycamore trees and additional vegetation will be preserved. Mr. Nelson reviewed what he has done to meet all county regulations. The Health Department has advised them this is the only acceptable location for the system. He referred to the revised site plan having made the requested changes. A discussion ensued with the Planning Commission noting the 100-foot Buffer is clearly shown on the plat and impervious surface figures available.

There were no public comment. No additional correspondence has been received.

Rev. Freeman asked for clarification of the front, side and rear property boundary for the Nelson property. After a brief review, Attorney Mowell pointed out that the Nelson property is not a waterfront lot, so the front yard by zoning regulations is Belchester Road. The beach area belonging to the Kentmore Park Association is between the Nelson property and the water.

Following review and discussion Chairman Morris noted the Board must make four separate motions.

Mr. Sutton made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board approve a variance to allow the replacement of a septic system 50-feet within the 100-foot Critical Area Buffer. The Planning Commission feels a variance should be granted because of the slope, shape and size of the parcel which limits the location of the system. The motion was seconded and the vote unanimous.

Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board grant a variance to allow the Nelsons to construct a replacement dwelling with a portion of the structure being 13-feet within the 100-foot Buffer. The shape and size of the lot limits where new construction can occur. The granting of the variance will also preserve the mature trees on the site. The Nelsons meet the impervious surface requirements. The motion was seconded and the vote unanimous.

Chairman Morris asked for a motion regarding the existing deck which currently extends over the property line. The deck will be realigned to be within the property boundary, however it will be on the property line. A 15-foot side yard setback is required. Mr. Sutton made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board approve a variance of the 5-foot side-yard allowing the Nelsons to reconfigure their existing deck which will be on the property line. The size and shape of the property and existing tree structure limits changing the location of the deck to the other side of the house. The concrete pad under the deck will be removed and 6-inches of pea gravel placed under the deck. The motion was seconded and the vote unanimous.

Chairman Morris noted a variance of 31-feet is requested from the 100-foot required front yard setback regulation, since it has now been determined that Belchester Road is their front yard, not the water (the public beach is between the water and the Nelson property.) Rev. Freeman made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board grant the Nelsons a 31-foot front yard variance, so they may construct a replacement dwelling. The Nelsons are limited as to where construct may occur due to the size and shape of the property as well as topography of the site. The motion was seconded. The vote unanimous.

In addition to findings of fact stated on the previous motions, additional findings pertaining to all four motions include:

  • -There will be no substantial detriment to neighboring properties, nor will such variances change the character of the neighborhood;
  • -All three variances are consistent with the County's Comprehensive Plan;
  • -The need for the variances was not caused by the applicant's own actions;
  • -The granting of the variance is in harmony with the general spirit and intent of the Critical Area regulations and County regulations;
  • -The owners have demonstrated a practical difficulty because of the location of the septic system and mature trees; and
  • -The owners have demonstrated an unwarranted hardship because of the topography of the land.

#03-12 Raymond and Melissa Jordan - Conditional Use (Cottage Industry) - The Jordans wish to operate their general construction business from their home at 8455 Broad Neck Road in the Seventh Election District. Their 2.101 acre parcel is zoned "RR" Rural Residential.

Raymond and Melissa Jordan were sworn in with staff by Chairman Morris.

The Jordans have a small office in their home where they accept deliveries. There is a 20 by 40 foot outside storage area for occasional storage of materials. They have two trucks, both with a gross vehicle weight of 9500 pounds that are used for both business and personal use. A 10,000 pound van is used for the business. Employees will sometimes meet and park at the home before going to the job site.

In June 1986, the Planning Commission approved a major subdivision of the Walker Lamb property. In 2000, the Jordans built their 2460 square foot home and accessory buildings on Lot 2 of this subdivision.

Mrs. Owings reviewed the staff report and applicable law found in Article X, Section 2.49 of the Zoning Ordinance which defines a "cottage industry." She noted other applicable regulations found in Article VII, Section 3.10 which lists criteria for granting a cottage industry as well as the general standards found in Article VII, Section 2 of the Zoning Ordinance.

Mrs. Owings stated the proposal, with the addition of landscaping and a limitation on the hours of operation should not have a detrimental effect on adjacent properties and should not alter traffic patterns. Churches and other public places are not located in the vicinity. There are other single-family dwellings close to this property that could be disturbed by loud noise early in the morning or late at night. The Alms House on the other side of Mt. Pleasant Plantation Road is an historic structure but will not be impacted by the proposal. The cottage industry is consistent with the Comprehensive Plan and the general intent of the Zoning Ordinance. Mrs. Owings recommended approval of the cottage industry, provided: 1) Landscaping be provided to soften view of storage and parking areas from adjacent properties and Broad Neck Road; and 2) Hours of operation and deliveries be limited to between 6 a.m. to 8 p.m.

No correspondence has been received in the office regarding this application.

Chairman Morris invited Mr. and Mrs. Jordan to comment. Mrs. Jordan pointed out that other neighbors along Broad Neck Road have large buildings with limited screening and screening their building would make their parcel look different from the other parcels. There is a small parking area for three vehicles. Their other equipment is no different than other residents. Their equipment is parked behind the building but usually the equipment goes from job site to job site. Mr. Jordan noted they have planted hardwoods and trees along the property line and a weeping willow in front of their parking area. The Jordans reviewed their site plan with the Planning Commission. Discussion ensued.

Mrs. Jordan advised they use the telephone at their home. Occasionally they have deliveries to their home and any supplies needed are stored in their building. Customers rarely come to their home. The Jordans usually go to the job site. She noted there are other property owners along Broad Neck Road that operate businesses out of their home.

Chairman Morris asked for public comments. Roger Pinder, resident of Broad Neck Road, advised the property was bare and the Jordans have planted some trees and shrubs but it takes a while for landscaping to be well established.

After additional discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Jordan's conditional use application for a cottage industry for their general contracting business, provided:

    • -The owners provide landscaping that softens the view of storage and parking areas from adjacent properties and Broad Neck Road
    • -Hours of operation including deliveries are limited to 6 a.m to 8 p.m.
    • -The business is limited to 1200 square feet.

The Planning Commission made the following finds of fact:

  • -The Comprehensive Plan encourages the development of home-based cottage industries.
  • -The proposal complies with the standards set forth in the Zoning Ordinance.
  • -There are no churches and other public places in the vicinity.
  • -The use will not cause a detrimental impact to the neighboring properties.

The motion was seconded and the vote unanimous.

#03-11 Roger and Brandy Pinder - Conditional Use (Cottage Industry - The Pinders propose to operate their landscaping and general contracting business from their home at 8473 Broad Neck Road in the Seventh Election District. Their 2.1 acre parcel is zoned "RR" Rural Residential.

Roger and Brandy Pinder were sworn in with staff by Chairman Morris.

Mrs. Owings advised the Pinders will operate their business from their property with a small office in their home, accepting deliveries. Employees will meet and park at the home before taking company trucks to the job.

Mulch and compost will be stored in an outside storage area. They will use a 20 by 60 foot building for storage, and park trucks and equipment in an area adjacent to the building. The Pinders have five pickup trucks, small tractor, lawnmowers, three trailers for transporting mowers and other equipment. Two of the trucks are consider one-ton trucks and the other three are 3/4 ton trucks. The Pinders have two employees that are not members of their family.

In June 1986, the Planning Commission approved a major subdivision of the Walker Lamb property. The Pinders own Lot 1 of this subdivision.

Mrs. Owings noted applicable law, being the same as the Jordan application, Article X, Section 2.49 ; Article VII, Section 3.10; and Article VII, Section 2 of the Zoning Ordinance. A landscaping and general contracting business meets the definition in the Zoning Ordinance. The proposal appears to meet the "cottage industry" standards and the general standards for granting conditional use approval.

Mrs. Owings stated the Planning Commission as well as the Board of Appeals need to determine when a business and activity exceeds a "cottage industry use" in a residential area. She advised more information is needed concerning the area used by the business before making a recommendation. Any favorable recommendation should be contingent upon: 1) Provision of landscaping to soften view of storage and parking areas from adjacent properties and Broad Neck Road; and 2) Limit the hours of operation and deliveries from 6 a.m. to 8 p.m.

Mr. Pinder advised that three-quarters of their 1200 square foot building is used for storing mowers or changing oil in vehicles. Mrs. Pinder said they use the building for the business as well as their own private use. Mr. Pinder has a workshop for his duck carving hobby.

Mrs. Pinder submitted a letter from the residents in her area supporting their conditional use request.

Chairman Morris asked Mrs. Owings if she had a recommendation since hearing discussion about the building and its use. Mrs. Owings recommended approval as long as they limit their business use to 1200 square feet, which includes outside storage but does not include parking area. Discussion continued. It was noted that if the business continues to expand, it will be necessary to look for commercial property.

Chairman Morris asked for comments from the public. Mr. Jordon advised the Pinders and himself have done nothing offense to the community and general area.

The Planning Commission asked what regress do the neighbors have should the Pinders not stand by their approval and let the property and business get in disarray. Mrs. Owings advised the Board of Appeals is specific. If the applicant does not comply with regulations, it becomes an enforcement issue and the law is enforced by staff. Attorney Mowell pointed out that if someone is concerned about a specific issue, it should be made a contingency or condition of the approval. Discussion continued.

There being no further discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Pinders conditional use request for their "cottage industry" to operate their landscaping and general contracting business. This recommendation is based on the following findings of fact:

  • -The cottage industry is consistent with the intent of the Comprehensive Plan and meets the requirements of the Zoning Ordinance.
  • -This use will not be detriment to neighboring properties.
  • -There are no churches in the area.

Conditions of this approval:

  • -The business is limited to 1200 square feet.
  • -The hours of operation are limited - 6 a.m. to 8 p.m.
  • -The property must be landscaped to soften the view of storage and parking areas from adjoining property owners.

Rev. Freeman seconded the motion. The vote was unanimous.

#03-13 John F. Williamson - Variance (front yard) - Mr. Williamson requests a variance of the front yard setback requirements to construct a two-story addition to his existing single family dwelling 25.5 feet from the front property line of his 12,555 square foot parcel located on Valley Road, in Kentmore Park. The property is zoned "CAR."

John and Eleanor Williamson were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed applicable law found in Article V, Section 3.5 noting setback requirements and Article IX, Section 2.3 of the Zoning Ordinance which establishes the criteria for granting a variance. Ms. Moredock noted the variance will not cause a substantial detriment to the neighborhood nor will it change the character of the district. Tree removal would be necessary if the addition is constructed in either the rear or rear side yard. The other side yard contains the septic system. The Comprehensive Plan promotes proper forest management practices and the enhancement of existing towns and villages. Ms. Moredock recommended approval.

Mr. Williamson advised they wish to expand their living room and sewing room. Other homes in the area are located the same distances from their property lines. They do not feel their addition will have a negative impact on their neighbors.

Chairman Morris asked for public comments. Jack Edson, resident of Valley Road and president of the Kentmore Park Homeowners Association, stated he supports the Williamson's proposal. He feels their proposal would be an improvement to the neighborhood.

After some discussion, Rev. Freeman made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board grant a variance to allow the Williamsons to construct an addition to their existing home, 25.5 feet from their front property line, based on the following findings:

    • -There will be no substantial detriment to neighboring properties, nor will it change the character of the neighborhood. Other properties in the neighborhood contain dwellings that do not meet front yard setbacks and are located on steep slopes.
    • -The practical difficulty is caused by the condition of the property.
    • -The need for the variance was not caused by the applicant's own actions.
    • -The variance is consistent with the Comprehensive Plan and the intent of the Zoning Ordinance.

The motion was seconded. The vote unanimous.

#03-06 Foxhole Estates / Patricia Bennett - Adjustment of Lot Lines - Mrs. Bennett is requesting approval to adjust her lot line conveying .704 acres from Lot 15 to Lot 16, increasing Mrs. Bennett's parcel to 2.298 acres. The parcel is located on Stirrup Lane and the Sassafras River, in the First Election District. The property is zoned "CAR."

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

Ms. Moredock reviewed the staff report and applicable law, found in Article V, Section 2.5 of the Zoning Ordinance. Foxhole Subdivision was approved by the Planning Commission in 1979. Since that time, various lot line adjustments have been made. Ms. Moredock noted this proposal does not change the number of lots in the subdivision. Staff recommended approval of the lot line adjustment.

The office has received no correspondence regarding this application, and there were no comments from the public at the meeting.

Mrs. Bennett explained the purpose for the line adjustment.

Following a brief review, Rev. Freeman made a motion to approve the adjustment of lot lines between Lots 15 and 16 of the Foxhole Subdivision. The Board found this request is consistent with the Comprehensive Plan and the Zoning Ordinance. The lot adjustment does not change the number of lots in the subdivision. The motion was seconded and the vote unanimous.

Kurhessen Trust / Basil Wadkovsky, Trustee - Agricultural Land Preservation District - Kurhessen Trust wishes to create an Agricultural Land Preservation District on their 219 acre farm located off Flatland Road in the Sixth Election District. The farm consists of 142.9 acres of crop land, 60.6 acres of woodland, and two ponds. Approximately 65% of the soils are considered Class I, II, or III and 11% considered Woodland Group 2. The farm is zoned "AZD". A current soil and water conservation plan is in effect and the property is outside the 10-year Water and Sewer Plan.

Francis T. Hickman, farm manager was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the Code of Public Laws of Kent County, Chapter 171, which establishes the criteria for granting an agricultural preservation district. This district is contiguous to a block of over 1400 acres protected by easements or districts. At its recent meeting, the Agricultural Advisory Commission identified this farm as one that is critical to the continuance of agriculture in Kent County and recommended approval of this district.

Mr. Hickman advised the owners have owned this farm for 23-years, and have no intentions to develop. And wish to preserve their farm.

No correspondence has been received regarding this property. There were no public comments expressed at the meeting.

After a brief discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners, recommending approval of the Kurhessen Trust to establish an Agricultural Preservation District, based on the following findings:

  • -The property exceeds the criteria for creating a district;
  • -The proposal complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.

The motion was seconded and the vote unanimous.

Shepherd's Delight Farm Partnership, Ltd / Noble Family - Agricultural Land Preservation District - The Noble family wishes to create an Agricultural Land Preservation District on their 241.2 acre farm located on Still Pond Road, in the Second Election District. The farm consists of 206.2 acres of crop land and 35 acres of woodland. Approximately 85.5% of the soils are considered Class I, II or III and 4.6% are considered Woodland Group 2. The farm is zoned "AZD". A current soil and water conservation plan is in effect and the property is outside the 10-year Water and Sewer Plan.

Thomas Noble and Ken Noble were present and were sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report. She noted this district is contiguous to a block of over 1000 acres protected by easements or districts. The Agricultural Advisory Commission has identified this farm as one that is critical to the continuance of agriculture in Kent County and recommend approval of this district Staff also recommended approval.

Mr. Ken Noble informed the Planning Commission that this farm has been in the family for more than 100 years. They have no plans to develop the property. The family wishes to preserve the farm in agriculture.

No correspondence has been received regarding this property. There were no public comments expressed at the meeting.

After a brief review, Mr. Sutton made a motion to forward a favorable recommendation to the Kent County Commissioners recommending the establishment of an Agricultural Land Preservation District for the Noble Family farm, finding:

  • -The property exceeds the criteria for creating a district;
  • -The proposal complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.

The motion was seconded and the vote unanimous.

#03-10 Sentman Distributors / Fairgale Properties / C.Gonzalez - Lot Line Adjustment - Sentman Distributors, Inc., wish to adjust the property lines in the Fairgale Subdivision. The line adjustments will result in Lot 30 being reduced to 57.733 acres with 41.915 acres being added to Lot 35, increasing that parcel to 142.33 acres. The properties are located on Fish Hatchery Road and Fairgale Farm Lane in the Sixth Election District. The property is zoned "RCD".

Michael Scott, Land Surveyor, was present on behalf of his clients and was sworn in with staff.

Ms. Moredock reviewed the staff report noting the history of this property since 1990 when the Planning Commission first reviewed this subdivision for the creation of 29 lots. The subdivision was redesigned when a pair of eagles nested were found on the property. Final approval for 17 lots was granted in March 1992. Additional lots were later approved. There have been several adjustments of property lines.

Ms. Moredock noted applicable law found in Article V, Section 2.5 of the Zoning Ordinance. She noted the Comprehensive Plan emphasizes that future growth complement and enhance the character of existing towns and villages. Ms. Moredock recommended approval of this adjustment of lot lines.

Mr. Scott explained to the Planning Commission that Mr. Gonzalez wants to keep a portion of land to access his other farm. No new lot is being created. Mr. Scott reviewed the plat with the Board.

Chairman Morris asked for public comments. There were no public comments or written correspondence received in the office.

Chairman Morris noted this is an adjustment between two properties, and asked for a motion from the Board. Mr. Sutton reminded the board that Fairgale Subdivision is restricted to 29 lots. Mr. Sutton made a motion to approve this lot line adjustment for Sentman Distributors / Fairgale Properties, finding the application does not change the number of lots in the subdivision and meets all minimum lot size requirements. The motion was seconded and the vote unanimous.

BYLAWS AMENDMENT - The Planning Commission reviewed Bylaws Amendment No. 01-01 which addresses attendance of board members. After some discussion, Mr. Lancaster made a motion to amend the Bylaws, as follows:

Section 10, Responsibilities of Members of the Planning Commission, 1. Attend and freely participate in discussions at regular and special meetings. If a member misses two consecutive meetings without the permission of the Chairman, that member shall be subject to removal. In that situation, the Planning Commission may vote to recommend that the County Commissioners replace that member.

The motion was seconded, and the vote unanimous.

AMENDMENTS TO THE LAND USE ORDINANCE - Chairman Morris advised the amendments will be reviewed individually. The following are the changes agreed upon by the Planning Commission during their recent Tuesday night meetings, specifically:

Article V, Section 1.2.10. Hedgerows p.9 - Delete. Mrs. Owings advised Agricultural Advisory Commission reviewed the amendments. The Farm Bureau has a policy on hedgerows. They recommend the text not be deleted and moved to 80 feet which is the Farm Bureau's policy. Discussion followed. The Board was in agreement to remove this text from the zoning ordinance. It is felt hedgerows should be enforced in another manner.

Article V, Section 1.5.B. Enclave Development - Amend.

Section 1.5.B.1. p.17 Chairman Morris noted this amendment adds, the following standards: "lot line setback from protected lands - 600 feet; maximum number of enclaves will be one per parcel." Brief discussion.

Section 1.5.B2. P.18 Adding standards - c., e., n., g. (copy of amendment is attached to original minutes.) Change "must" to "shall." Discussion and agreed to leave amendments as shown, but changing "must" to "shall" and adding the word "buffering" to g.

Article IX, Section 2.2.1 Pier Length Variance - Delete. Chairman Morris asked if the Board wanted to leave "pier length" as an allowable waiver. After some discussion, the Planning Commission agreed to remove text from all districts except the Commercial Marine District.

Article IX, Section 3.1.1. Enclave Easement / District Yard Requirement Waiver p.453. - Amend. Adding "protected lands lot line setback" as an allowable waiver. Planning Commission was in agreement with amendment.

Article XI, Section 2. p.460 - Add. Adding "protected lands" to the definition section of the ordinance, which reads: "Protected Lands" shall be defined as the following: - A MALPF Agricultural Preservation District or any other conservation easement."

CRITICAL AREA AMENDMENTS - Staff recently met with the Critical Areas Commission. The amendments listed are the result of that meeting. Staff reviewed each amendment with the Planning Commission. (A complete copy of the amendments is attached to the original minutes)

Article III, Section 1 p.2-3 Add date of original Critical Area mapping - December 1985.

Article V,

p.35,85,158,210,230,288,310. In all Critical Area Districts, following text will be deleted, specifically: "accessories necessarily associated with"

p.163,234,315. Adding the following text to the Water Quality Standard: "as set forth in guidance promulgated by the Critical Areas Commission, whichever is more restrictive."

p.85-6,210,288-9. Add "Where agricultural uses of lands within the buffer cease and the lands are proposed to be converted to other uses, the buffer shall be established......."

p.225,301. Adding Statement of Intent in IDA Districts.

p.279,.302. Deleting "manufacture of concrete and ceramics" as a permitted use.

p.279,302.Deleting "manufacture, processing and distribution of hot mix asphalt: as a permitted use.

Article VI. P.334 Add. Adding a new section under Section 3.7, a. - i. "The Department of Planning and Zoning shall review all applications for water-dependent facilities......."

p.333 Adding a new section, Section 3.10, 1 - 4. Shore Erosion Protection Works

p.337 Delete: "of 300 feet in width"

p.337 Add "and Species in Need of Conservation with their habitat"

p.348 Adding a new requirement for plot plans.

p.362 Adding a new requirement for subdivision narratives.

p.350,352,353,355 Adding "state and private" to tidal and non-tidal wetlands.

p.363,365,366,368 Adding "state and private" to tidal and non-tidal wetlands.

p.349,351,352,354 Add as a new requirement "vicinity map, with site location clearly marked."

p.363,366,368 Add as a new requirement "with site location clearly marked."

Article VII. Section 7.24 p.427. Add to farm employee housing - "In RCD, farm employee housing must meet the density requirements."

Section 7.26.k.iii p.428-429. Separate accessory uses for golf courses that may require growth allocation from those that may not.

Section 7.38 p.433 Add text to private clubs, limiting private clubs to 15% or 20,000 square feet of impervious surface, whichever is most restrictive. Planning Commission feels if on a bigger parcel, limit to 15%, or on a smaller parcel 15% or 20,000 square feet.

Article IX. Section 2.2.3.f. p.449 Adding text that includes new requirements for Critical Area variances. Okay.

Article XI. Section 2.33 p.463 Changing definition of boathouse. "A building constructed for the purposes of storing a boat and boat gear."

Having reviewed all the amendments, Mr. Sutton made a motion to forward all text amendments to the County Commissioners recommending approval. On Article VII, Section 7.38. (page 433), the Planning Commission would prefer to see a limitation of 15% of impervious surface. The motion was seconded. The motion carried by an unanimous vote.

The Critical Areas Commission will conduct a public hearing on the Critical Area portion of the Kent County Land Use Ordinance on Wednesday, March 19, 2003, at 6:00 p.m. in the County Commissioners Hearing Room.

STAFF REPORTS

Carla A. Martin, Community Planner - Ms. Martin advised that on March18, 2003, the County Commissioners will be doing a proclamation recognizing our agricultural land preservation efforts. In 1998, the Preservation Board agreed that when Kent County reach 20,000 acres of preservation land, a public proclamation will be made. The week of March 17 is National Agriculture Week.

Celebration of Scenic Byways has been rescheduled for June 12, 2003.

Ms. Martin advised she will be away for the month of April on a Rotary Study in Brazil.

Amy G. Moredock, Environmental Planner - No report.

G. Mitchell Mowell, Attorney - No report.

Gail W. Owings, Planning Director - Ms. Owings advised that staff is looking at Saturday, March 29, 2003 for a Planning Commission Workshop that will include County and Town Boards. Workshop will probably be at Heron Point as in the past. Items for discussion will include, motion making, site visits, reviewing site plans, and legal connection between boards and practical application of their powers.

The Eastern Shore Land 20-10, is moving forward and at the point where they will be putting together the task force for agriculture, land preservation, and limiting sprawl. Kent County Commissioners will be contacted for volunteers to sit on that board.

There being no further business, Chairman Morris adjourned the meeting at 4:45 p.m.

_____________________________________

Elizabeth H. Morris, Chairman

_____________________________________

Elizabeth E. Carroll, Secretary

 



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    Chestertown, MD 21620

    Tel: (410) 778-7475
    Fax: (410) 810-2932
    E-mail:gowings@kentgov.org


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