Commission Minutes

The Kent County Planning Commission met in regular session on Thursday, July 3, 2003, in the County Commissioners Hearing Room with the following members in attendance: Elizabeth Morris, Chairman; Bill Sutton; Jay Lancaster; Rev. Ruben Freeman; Marcy Brown; Patricia Langenfelder; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

#03-25 John and Nancy Caldwell - Variances (Buffer & Slope >15%) - The Caldwells propose to build a 3 by 60-foot deck. The deck will be located on slopes greater than 15-percent and within the expanded buffer, requiring two variances: a buffer variance and a variance of slopes greater than 15-percent. The 2.203 acre parcel is located on Kinnaird's Point Road in the Third Election District and is zoned "CAR" Critical Area Residential.

John and Nancy Caldwell were present and sworn in with staff by Chairman Morris.

The Caldwells met with the Planning Commission at the May 2003 meeting with this same proposal. At that time, the Caldwells withdrew their variance proposal deciding to construct a 2-foot deck which only required a building permit since they were not increasing their impervious surface due to the 2-foot overhang of the roof.

Ms. Moredock reviewed her staff report and relevant issues. Applicable law includes Article V, Section 4; Article X, Section 2.23; and Article IX, Section 2.3 of the Zoning Ordinance which sets forth the standards for granting a variance. Staff does not feel a deck constitutes an unwarranted hardship, nor does it deny the applicant of uses generally shared by neighboring property owners. The proposal is not consistent with the Ordinance's buffer and steep slope requirements, and therefore staff recommended denial. Should the Board approve the two variances, the approval should be contingent upon the following:

The area of the proposed deck, which extends beyond the existing impervious area, should be pervious.
Mitigation of 3:1 for disturbance within the buffer and 1:1 for disturbance outside the buffer should be requires consisting of a mix of native trees and shrubs: and
Stormwater runoff from proposed structures should be direct to stable vegetation.

Mr. Caldwell explained his dilemma, in that the 2-foot wide deck does not give him sufficient walking space when windows are open. The purpose of the 3-foot deck with a railing is to allow him the ability to clean windows safely which he is currently unable to do because of the steep slope of the property. Mr. Caldwell submitted photos of his property and home. He does not feel the additional deck width will be harmful to the environment.

The Planning Commission discussed at length the Critical Area regulations and the Critical Areas Commission's letter. After review, Mr. Sutton made a motion to recommend the Board of Appeals deny the Caldwell's variance request to place a 3-foot deck within the expanded buffer and on slopes greater than 15-percent, based on the following findings:

-The Planning Commission could not find any unwarranted hardship;
-The proposal is not consistent with the Zoning Ordinance and the Critical Area regulations;
-The variance is not consistent with the Comprehensive Plan.
-There will be no substantial detriment to neighboring properties, nor will it change the character of the neighborhood;
-The applicant would not be denied any use shared by neighboring properties.
-The need for the variance is caused by the applicant's own actions; and
-The proposal may adversely affect water quality, fish, wildlife and plant habitat.

Should the Board of Appeals approve the two variances, the Planning Commission would recommend approval contingent on:

-The area of the proposed deck, which extends beyond the existing impervious area, should be pervious.
-Mitigation of 3:1 for disturbance within the buffer and 1:1 for disturbance outside the buffer should be requires consisting of a mix of native trees and shrubs: and
-Stormwater runoff from proposed structures should be direct to stable vegetation

#03-49 Howard's Gift Farm LP / Frank Plummer - Major Subdivision - Mr. Plummer requesting preliminary and final approval for a major subdiviison of one lot from the 263-acre farm owned by Howard's Gift Limited Partnership. The new 2.918 acre parcel will be located on Earl Nicholson Road and Annie Crow Road in the Sixth Election District. The property is zoned "AZD".

Joe Hickman and Jay Lancaster advised they know Mr. Plummer personally but do not feel that friendship will hinder their judgement.

Frank Plumber and Mike Scott were present and sworn in with staff by Chairman Morris. The owner, Mr. Bigelow was in the audience.

Ms. Martin reviewed the staff report noting applicable law found in Article V of the Zoning Ordinance as well as the Comprehensive Plan, and addressing environmental regulations. Deed restrictions for forest protection and forest maintenance must be approved by Attorney Mowell, and a Letter-of-Credit for the afforestation is required. Ms. Martin recommended the Board grant preliminary and final subdivision approval.

No correspondence has been received from adjoining neighbors regarding this proposed subdivision.

Mr. Scott advised this is the sixth lot from the original parcel making it a major subdivision. Forest is shown on plat. The proposal meets subdivision requirements.

Mr. Plummer, the contract purchaser, noted he and his wife plan to build one house on 2.9 acres, in accordance with county requirements. Mr. Plummer advised the Health Department has okayed this site for a mound system. All plantings will be comply with Forest Conservation requirements. Discussion continued.

Chairman Morris asked if the owner plans to further subdivide the property. Mr. Scott advised the potential is there for more subdivision, but the owner is just creating one lot at this time.

Following some discussion, Ms. Brown made a motion to grant preliminary and final subdivision plat approval for the creation of one 2.9 acre lot from the lands of Mr. Bigelow, based on the following being submitted prior to the release of the final signature plat and issuance of a building permit:

-Receipt and acceptance Letter-of-Credit for afforestation by the County Commissioners; and
-Deed restrictions approved by Attorney Mowell.

-The proposal is meets the criteria of the zoning ordinance and subdivision regulations for the creation of this parcel, however the regulations do discourage subdivision of lots that strip the public road.

#03-65 Ronald H. & Robin B. Fithian - Zoning Map Amendment - Mr. and Mrs. Fithian are requesting a zoning map amendment to change the zoning of their 23-acre parcel from "AZD" Agricultural Zoning District to "CR" Community Residential. The property is located on Anderson Avenue and Route 445 at the edge of the Rock Hall town limits. This property is in the existing service area for public sewerage.

Mrs. Owings reviewed the staff report commenting on relevant issues. She pointed out that the Comprehensive Plan encourage growth to occur in and around existing communities in a way that compliments and enhances their character. This property is surrounded by small lots served by sewer to the west and south and existing forest to the north and east.

Applicable law is found in Article XI, Section 6 of the Zoning Ordinance, which establishes the procedures and requirements for zoning map amendments. A Guide to Maryland Zoning Decisions describes the "change or mistake rule."

Mrs. Owings advised that agricultural zoning on this 23-acre parcel is not consistent with the goal of the County's Comprehensive Plan to direct growth in and around existing communities. It is not consistent with the zoning of other properties designated in the Water and Sewer Plan which is served by public water and sewer.

Staff recommended approval since it is felt a mistake was made in the mapping by not recognizing this property is in the existing sewerage service area. "CR" Community Residential is the most appropriate zoning for the area.

No correspondence has been received in the Planning and Zoning Office with regards to the proposed map change. There were no comments from the audience.

Chairman Morris invited the applicants to comment. Mr. Fithian advised he has owned the 23-acre wooded parcel since 1987. He feels the property should be zoning "CR" rather than "AZD" because of the availability of public water and sewer. He feels there was a mapping error and concurs with staff. Mr. Fithian reviewed the tax map pointing out the location of his property and the surrounding properties.

After reviewing the State's criteria for rezoning and a lengthy discussion, Ms. Brown made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the Mr. and Mrs. Fithian's request to rezone their 23-acre parcel from "AZD" to "CR". This decision is based on the following findings:

-A mapping error occurred in the original zoning;
-The property is within the designated Water and Sewer Plan and service area;
-The property is just outside the Town of Rock Hall;
-The County Comprehensive Plan states growth should occur in and around existing communities;
-The "CR" zoning meets a public need allowing for housing on public sewer and utilizing infrastructure.

Amy G. Moredock, Environmental Planner - Ms. Moredock advised the County is committed to join the Early Action Compact with Starting out-reach to businesses.

The Army Corps of Engineers will be giving a presentation on the status of the Urieville Lake restoration project to the County Commissioners the end of July. She will advise the Planning Commission member of the date when confirmed.

Carla A. Martin, Community Planner - The National Scenic Byway dedication at the foot of High Street, held in June, went very well.

Gail Webb Owings, Planning Director - Mrs. Owings advised the Board of Appeals approved Beatrice Harwood's variance request because of a mold problem and deterioration of the home, and not taking the large tree down would damage the foundation of the house.

In accordance with Article 66-B and at the County Commissioners request, it is time to start the review process of the County's Comprehensive Plan. The Planning Commission discussed with staff options for the review process, and made the following suggestions:

-To work on the plan without hiring a consultant, but be able to call upon professional for their expertise when needed;
-Additional planning staff will be needed;
-Start process with a visioning exercise involving the public.

Mr. Lancaster expressed concern about the location of the entrance for Hunter's Run Subdivision, Phase B, and asked staff to request the County Roads Department Supervisor inspect Gregg Neck Road and the proposed entrance for the subdivision. Mr. Lancaster feels the tax map and plat do not show the "S" curve in Gregg Neck Road. Contrary to the County Engineer's comments, Mr. Lancaster feels the subdivision road does not provide adequate visibility and creates a dangerous situation. Mrs. Owings advised she would contact Ed Spray, County Roads Supervisor and ask him to physically inspect the site.

There being no further business, Chairman Morris adjourned the meeting at 3:15 p.m.

KENT COUNTY, MARYLANDPLANNING AND ZONING

KENT COUNTY, MARYLAND
PLANNING AND ZONING