KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, June 5, 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; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll Secretary. Also in attendance were two new members. Chairman Morris introduced Patricia Langenfelder, who is completing the unexpired term of Wallace Miller; and F. Joseph Hickman, filling the unexpired term of Roger Mangels.

APPLICATIONS FOR REVIEW

#03-33 Harry Dixon - Conditional Use (Gravel Pit Expansion) - Mr. Dixon is requesting approval to expand his existing 5-acre gravel pit by approximately 3-acres. The pit is located on a 93.62 acre farm off Bradford Johnson Road, near Golts. The property is zoned "AZD".

Mr. Dixon was present and sworn in with staff by Chairman Morris. Mr. Dixon presented papers with findings from Randy Denny, Maryland Department of the Environment in Annapolis.

Ms. Martin reviewed the staff report noting the history of the gravel pit. A 2-3 acre gravel pit has existed on this site since 1954. Mr. Dixon obtained conditional use approval for a 4-acre gravel pit from the Board of Appeals in October 1990. Conditional use approval was granted again in November 1991, March 1993, and October 1998 to expand the gravel pit in accordance with zoning regulations. In September 2001, the Board of Appeals granted an extension of that approval to continue operation of the gravel pit. Portions of the site have been reclaimed after excavation. There has never been more than 5-acres actively mined at the same time.

Ms. Martin addressed relevant issues referring to applicable law found in Article VII, Section 3.45 of the Zoning Ordinance. Staff discussed her findings. Ms. Martin recommended approval to allow expansion to the east of the existing gravel pit with the condition that the reclamation plan require the site be restored to prime agricultural land. However, Ms. Martin recommended denial of expansion of the pit to the north in order to protect the stream that is approximately 1000 feet from the existing pit.

Mr. Dixon informed the Planning Commission that he wants to keep the pit active. The pit is extra income and helps when farming is not so productive. Mr. Dixon reviewed the site plan with the Board showing the location of the pit and how he wishes to expand east and northeast at least 800-feet away from the stream. Mr. Dixon noted that each time he has requested an expansion it has been for 2-acres. It was noted that once a portion of the pit is reclaimed, that portion is no longer considered as part of the active pit. He further noted 5-acres has been reclaimed and he is currently working in a 2-acre area. He is now asking for an additional 2-acre. A lengthy discussion ensued regarding the location and expansion of the pit. Mr. Dixon has been working with Mike Scott Surveying and Bruce Wright, an engineer, to see what needs to be done with regards to the sediment control trap. There is a wash on the south corner which will be corrected shortly. Concerns were expressed regarding negative impact to the stream and discussion continued between the Board, staff and the applicant.

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

After additional discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals for the conditional use request of Harry Dixon to expand his existing 5-acre gravel pit by approximately 3-acres, conditioned upon:

The Planning Commission made the following finds of fact:

The motion was seconded. The motion carried by a unanimous vote.

#03-40 Beatrice M. Harwood - Buffer Variance - Ms. Harwood requests a variance of 40-feet to allow her to construct a 202 square foot addition within the 100-foot Critical Area Buffer on her 5.15-acre parcel located on Walnut Point Road. The property is zoned "RCD".

Beatrice Harwood and her surveyor Bill Crowding were present and sworn in with staff by Chairman Morris.

Ms. Moredock read her staff report advising the Planning Commission of relevant issues. Applicable law is found in Article V, Section 4.1, Article X, Section 2.23, and Article IX, Section 2.3 of the Zoning Ordinance. She further noted the variance will not cause a substantial detriment to neighboring properties, nor will it change the character of the district. The Comprehensive Plan encourages the maintenance of buffers. She feels an addition to the existing dwelling does not constitute an unwarranted hardship, nor does it deny the applicant of uses generally shared by neighboring property owners.

Staff recommended denial of the variance request, however if the Board is inclined to approve the variance, she recommended approval be granted contingent on the following:

The office received correspondence from the Critical Areas Commission stating if a variance is granted it should be contingent upon mitigation. Ms. Moredock read the letter to the Board.

Chairman Morris invited Ms. Harwood and Mr. Crowding to comment. Mr. Crowding reviewed the site plan with the Planning Commission. He pointed out the house was built in 1966, but the Harwoods purchased the house in 1985. Mrs. Harwood would like to increase the size of the kitchen by bringing it even with the front of the house. Trees will be planted in accordance with the regulations.

Mrs. Harwood noted the existing mature tree is very close to the house. A large limb fell off a few years ago causing damage to the roof. Although the tree will probably not fall on the house however additional large limbs could.

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

After reviewing all issues and much discussion, Ms. Brown made a motion to forward an unfavorable recommendation to the Board of Appeals recommending denial of Mrs. Hardwood's variance request to build a 202-square foot addition within the 100-foot Critical Area Buffer. The Planning Commission could not establish an unwarranted hardship, however the Board did find:

Should the Board of Appeals grant the variance, the Planning Commission recommends:

The motion was seconded. The motion carried by a majority vote.

The Planning Commission took a 10-minute break. Upon returning, Chairman Morris advised she would be leaving the meeting early because of another commitment, and Vice-Chairman Bill Sutton would conduct the balance of the meeting.

#03-44 Hunter's Run, Section B (21 Lots) - Major Subdivision - The developer, Donald Reed, is requesting preliminary approval for Section B of Hunter's Run. Section B consists of 32.709 acres and is zoned "RR". The property is located off Gregg Neck Road and is surrounded by farmland, woodland and home sites.

Donald Reed was present and sworn in with staff. Attorney Saunders, attorney for the applicant was also present.

Ms. Martin reviewed the staff report with regards to the history of this property. At the July 2002 Planning Commission meeting, final approval was granted for Phase A of the Hunter's Run Subdivision.

Ms. Martin referenced the County's Comprehensive Plan and applicable law found in Article V, Section 3. of the Zoning Ordinance. All lots meet the minimum requirements. Stormwater management is currently under review, and a stormwater management bond will be required prior to final approval. A forest conservation plan for the entire property was approved under Section A. Staff recommended preliminary approval of Section B.

Staff advised no correspondence has been received from adjoining property owners.

Attorney Saunders noted for the new board members that Mr. Reed has been through this process for Section A. The subdivision was presented in phases because there were wet weather issues pertaining to Section B which had to be monitored for an extended period of time. Health Department is now ready to sign off on Section B.

Mr. Reed confirmed that the Health Department has officially given preliminary approval. The Planning Office has not received written confirmation from the Health Department.

Mr. Reed and Attorney Saunders reviewed the plat with the Planning Commission. Discussion ensued regarding afforestation as well as Gregg Neck Road. Comments were made about the subdivision's open space and Mr. Reed advised the homeowners association, through deed restrictions and covenants, will maintain the open space.

The audience was invited to comment on Section B of Hunter's Run. Jeffrey Goddess, resident of Wilmington and Gregg Neck, expressed issues with regards to Gregg Neck Road. He is concerned about design of some of the lots and hopes there will be sufficient screening to reduce visibility of the rear of some of these lots from Gregg Neck Road.

Mr. Goddess has concern aesthetics and the possible fencing of some lots and numerous satellite dishes and antennas. He asked about retention areas and who will be responsible for maintenance. Mr. Goddess asked when is the developer required to install erosion control measures. Mr. Reed replied, during construction of Section A. Mr. Reed added, the subdivision will have an architectural review committee to address various issues.

There being no other public comments, the Planning Commission discussed at length several issues. Following review and discussion, Ms. Brown made a motion to grant preliminary subdivision approval for Section B of Hunter's Run Subdivision, conditioned upon:

The motion was seconded. The vote unanimous to grant preliminary approval for Section B of Hunter's Run.

#02-140 Millington Food Lion - Concept Site Plan - Millington Food Lion is before the Planning Commission for review of their concept site plan. The applicants wish to build a one-story 28,657 square foot retail store on approximately 6-acres of a 228 acre farm owned by Albert Aaron. The property is located on Route 291, west of Millington. The zoning for this site is "CC" Crossroads Commercial and "RCD" Resource Conservation District. Public water and sewer will service the site.

Vincent D. Watkins of the Watkins Group, Cornelius, North Carolina; Denis Grillo, Portsmouth, Virginia; David Powers, McCrone, Inc., Centreville; Ken Schmid, Traffic Concepts, Annapolis, were sworn in with staff by Acting Chairman Sutton.

Mrs. Owings reviewed the staff report addressing relevant issues and noting applicable law found in both the existing zoning ordinance as well as the proposed land use ordinance which will probably be in affect when the applicants submit their preliminary and final plats for review. Specific issues addressed in the staff report include: access from Route 291; Parking and on-site vehicular flow; landscaping; forest conservation; environmental standards; and stormwater and sediment control.

Mrs. Owings noted the developers voluntarily held a public informational meeting recently at the Millington Fire House. Both positive and negative comments were expressed concerning site location; impact on the water quality of the Chester River; lighting and glare to adjoining properties; and safety of the entrance.

Mr. Watkins informed the Planning Commission that a smaller store is proposed for the Millington site but will provide full service to meet the needs of the community and market area. Food Lion will be purchasing the land. Mr. Watkins said he has met with the planning staff and has attempted to comply with their suggestions. The building has an appearance of four different buildings similar in looks to downtown Millington.

Mr. Grillo, an architect with Balmer and Associates, has worked with Food Lion for many years. He noted the purpose of this design is to give the appearance of a village/main street storefront. There is some concern about the size of the permitted attached sign. He hopes the Planning Commission will consider allowing a larger sign that would be visible from the road.

Mr. Watkins added to staff's comments about the citizen's participation meeting. He felt the meeting was more positive than negative. Some of the issues raised by the public have been incorporated into the site plan, one of concern being the flow of traffic at entrance. They want to be responsive to the community. They have completed other Food Lions in small counties and have tried to build something compatible to the area.

The developers presented the concept plan for review and discussion. Mr. Powers of McCrone, Inc., reviewed the site plan pointing out adjoining properties and showing the location of the store, flow of traffic and parking. He also noted stormwater management and pointed out the location of stormwater drainage. Forest conservation and landscaping was noted. A walkway is shown on their property on Route 291.

Mr. Watkins added that trucks will be parking in the rear and will not be visible from the road. Refrigerated trucks will not park on-site overnight. He also feels that development of this property will reduce agricultural runoff into the river. They are currently working with State Highway regarding the entrance. Discussion ensued regarding the entrance at Route 291and parking areas.

Ken Smith of Traffic Concepts, commented on State Highway's letter with regards to the entrance. Long-term issues will be addressed. Mr. Smith is working on a study which should be made available to State and County agencies in the near future. Traffic counts are complete.

Summarizing the lengthy discussion, the Planning Commission expressed the following for consideration:

The developers expressed their appreciation for review of their concept plan and will take into consideration the issues raised and will be back before the Planning Commission in the near future with the preliminary plan for the Millington Food Lion.

#03-46 Andover Acres / John Stoltzfus - Adjustment of Lot Lines of Major Subdivision - Mr. Stoltzfus is requesting approval to make minor adjustments to twenty-six property lines revising lot lines for Lots 1 - 7, and Lots 13 - 17 of the Andover River Acres Subdivision which received final subdivision approval at the February 2003 Planning Commission meeting.

Jack Kirby, McCrone, Inc. was present and sworn in with staff by Acting Chairman Sutton.

Ms. Martin advised revisions are necessary to correct a drafting error in the original plat. The error was discovered when the surveyor started to stake the corners of the lots. Ms. Martin noted applicable law found in Article V, Section 3.5 of the Zoning Ordinance. The lots continue to meet or exceed these requirements and staff recommended approval of the lot line adjustments.

Mr. Kirby explained the drafting error and the revised plat will clean up the land record. Acreage will remain the same. The road will remain the same.

There is no correspondence on file and no comments expressed by the audience.

Motion was made by Ms. Brown to approve the Andover Acres adjustment of lot lines as presented. The motion was seconded and the vote unanimous.

STAFF REPORTS

Amy G, Moredock, Environmental Planner - Ms. Moredock advised the Early Action Compact was signed by the Kent County Commissioners and will be sent to EPA and MDE. The EAC is a joint effort by Kent and Queen Anne's Counties who have been identified ozone non-attachment areas by EPA.

Carla A. Martin, Community Planner - Ms. Martin commented on her trip to Brazil. She reminded the Board of the National Scenic Byways dedication Friday, June 4, 1 p.m., at the foot of High Street and invited everyone to attend.

Gail Webb Owings, Planning Director - Mrs. Owings informed the Planning Commission of the summer workshops organized by the Maryland Citizen Planners Association for June 30 in Denton and July 1 in Elkton. Notices will be sent out as soon as available. Let the office know if you plan to attend.

Mrs. Owings and Ms. Martin recently attended a "Scenic Maryland" meeting. One of the topics "Cell Towers" was informative.

KENT COUNTY LAND USE ORDINANCE - The hearing has been scheduled for Tuesday, June 24, 2003 at 7:00 p.m., in the County Commissioners Hearing Room. A copy of the public be forwarded to Commission members.

GENERAL DISCUSSION - Staff has been contacted by a member of the Chestertown Planning Commission who would like to have another joint meeting with the county and incorporated town planning commission members to discuss bio-retention, creative stormwater management, and show the video of Ed McMahon's presentation. After a brief discussion, it was suggested that a joint meeting be scheduled possibly for the Fall for either an evening meeting or Saturday morning.

There being no further business, the meeting adjourned at 5:30 p.m.

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Elizabeth H. Morris, Chairman

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William S. Sutton, Vice-Chairman

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Elizabeth Carroll, Secretary

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