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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
Kent County Department of Planning &
Zoning
County Government Center
400 High Street
Chestertown, MD 21620
Tel: (410) 778-7475
Fax: (410) 810-2932
E-mail:gowings@kentgov.org
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Kent County shall make all efforts
to ensure that the Kent County Planning Commission Home Page and
its links are accurate and up-to-date. However, Kent County shall
not be liable for any errors, inaccuracies, omissions, or untimeliness
of the information contained herein.
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