KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, September 4, 2003, at 1:30 p.m., in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Patricia Langenfelder; Rev. Ruben Freeman; Marcy Brown; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell Attorney; Gail W. Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the August 7, 2003 meeting were approved as written.

APPLICATIONS FOR REVIEW

#03-35 Kevin Kimble - Conditional Use (Gravel Pit) - Mr. Kimble is requesting renewal of his conditional use approval to operate a gravel pit on his 331 acre farm located on Flatland Road near Chestertown. The pit is on the western edge of the property and is accessed from Stockton Startt Road. The pit of 4.43 acres will be expanded by 0.33 acres. The property is zoned "AZD".

Board member Hickman advised he manages the farm next to Mr. Kimble, but in no way will that affect his review or recommendation of the Kimble application.

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

Mrs. Owings noted the pit has been on the property since the 1940's. Conditional use approval was granted for this pit in June 1989 and again in May 1992. In May 1967 and again in May 2000 approval was granted for a three-year period from the date of the decision.

Mrs. Owings reviewed applicable law found in Article VII, Section 3.45 of the Zoning Ordinance which establishes the criteria for granting conditional use approval for sand and gravel pits. The Comprehensive Plan recognizes that sand and gravel are resources of increasing value to the county.

Mrs. Owings recommended approval of this application. The pit location and configuration have not changed from previous applications. The proposal complies with all the conditions and criteria of the Ordinance.

Mr. Kimble referred to his revised site plan prepared by Michael A. Scott Surveying. He presented documents which included Letter-of-Credit from Chestertown Bank with the Department of Natural Resources; approved sediment and erosion control plan; and a copy of his surface mining permit. Mr. Kimble will be meeting, at the site, with Maryland Department of the Environment on September 18 to verify conformity with State regulations. MDE will fax letter of approval in time for the Board of Appeals meeting scheduled for September 22.

In reply to an inquiry from the Planning Commission, Mr. Kimble said he estimates he does not exceed 10,000 tons removed from the pit annually. He estimates usage of the pit for another three to five years based on demand.

Chairman Morris asked for public input. There were no comments from the audience and there was no written correspondence received in the Planning and Zoning Office.

After further discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Zoning Appeals, recommending conditional use approval be granted to Kevin Kimble for continued use of his sand and gravel pit, based on the following findings:

The motion was seconded and the vote unanimous.

#03-79 Gerald & Karen Docksteader - Buffer Variance - The Docksteaders request a variance of 27 feet to construct a septic system within the 100 foot Critical Area Buffer. One septic tank and drainage field are to be located in the Buffer, while one 50 square foot septic tank will be located outside the buffer. The .595 acre parcel is located on Mallard Road of the Chesmar Subdivision in the Fourth Election District. The property is zoned "CAR".

Mr. and Mrs. Docksteader were present. Mr. Docksteader and Ms. Moredock were sworn in by Chairman Morris.

Ms. Moredock reviewed the staff report advising applicable law found in Article V, Section 4, Article X, Section 2.23, and Article IX, Section 2.3 of the Zoning Ordinance. Staff feels the granting of this variance will not cause a substantial detriment to the property nor will it change the character of the district. The Comprehensive Plan encourages the maintenance and upgrading of septic systems. The practical difficulty was not caused by the applicant's own actions and exists as the nature of the property. The Health Department advised the existing septic system is failing and further advised the applicants as to the location of the system. A nitrogen removal system is encouraged in the Comprehensive Plan. Ms. Moredock recommended approval of the variance, but recommended if tree removal is necessary, then tree replacement should occur at a ratio of 3:1 square feet of tree canopy within the buffer, as specified in the Critical Area Commission's letter.

Ms. Moredock read correspondence received regarding this application, specifically: a letter from the Critical Areas Commission, and a letter from the Health Department expressing their comments on the placement of the septic system within the 100-foot Critical Area Buffer.

Mr. Docksteader informed the Planning Commission that he purchased the property in June 2003 and went through a house inspection and the system was identified as failing. The State Health Department and local agency recommended a nitrogen removal system also known as a nibbler. The buffer covers the entire back yard. His well and the proximity of his neighbor's well is a factor limiting the location of the septic system. Discussion continued between the Planning Commission and the applicant.

There were no comments on this application from the audience.

After some discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Buffer variance to allow the Docksteaders to place a septic system within the 100-foot Critical Area Buffer, contingent upon:

Ms. Brown noted this recommendation is based on the Planning Commission's findings:

The motion was seconded and the vote unanimous.

#02-140 Millington Food Lion - Site Plan-Preliminary - The applicants are requesting site plan approval for a one-story 28,657 square foot retail store on approximately 6-acres of the 228-acre farm currently owned by Albert Aaron. The property is located on Route 291 west of Millington in the First Election District, and is zoned "CC" Crossroads Commercial and "RCD" Resource Conservation District.

Vincent T. Watkins, Watkins Group; David Powers, McCrone, Inc.; and Dennis Bost of Bondurant Associates, were present and sworn in with staff by Chairman Morris.

At the June 5, 2003 meeting, the Planning Commission reviewed the concept plan for the Millington Food Lion and offered several comments which included:

Mrs. Owings noted the applicants prepared a citizens participation plan and meet with local citizens at the Millington Fire Hall prior to concept review.

Mrs. Owings reviewed the relevant issues that must be addressed during site plan review, specifically: required yard setback requirements; entrance; parking and on-site vehicular flow; pedestrian flow; landscaping; forest conservation; stormwater management and sediment control; and other environmental standards.

Mrs. Owings reviewed applicable law found in the Kent County Zoning Ordinance and Comprehensive Plan. Staff recommended approval of the preliminary site plan for Millington Food Lion contingent upon the following conditions:

With regards to the subdivision, Mrs. Owings advised the minor subdivision will be reviewed by the Technical Advisory Committee and will not come before the Planning Commission.

There is no correspondence in the final from neighbors.

Chairman Morris invited Mr. Watkins to comment. Mr. Watkins presented plans showing the changes made from the previous plat. The entrance has been moved to serve the Food Lion parcel and to serve the remaining Aaron property. He is willing to provide an easement for walking/biking to Howard Johnson property as well as providing a 5-foot easement along Route 291. Discussion continued with regards to walking easements.

Mr. Watkins continued with review of the site plan noting there will be limited seasonal out-door displays and sales on a portion of the sidewalk. Adequate parking will be provided. Chairman Morris advised the developer will be required to sign an agreement with the Planning Commission regarding the 121 parking spaces, at the time of final approval.

Mr. Powers presented stormwater and sediment control plans showing how water will flow into the storm-drain system and how it will function. A lengthy discussion ensued regarding stormwater management.

The Planning Commission was glad to see the entrance has been moved.

Mr. Watkins asked for consideration for a larger sign than currently permitted. Staff agreed to work on a text amendment.

Mr. Watkins commented on the recent traffic study which included weekends counts.

Chairman Morris asked for comments from the audience. No comments were expressed.

After lengthy discussion and review, Ms. Brown made a motion to grant preliminary site plan approval for the Millington Food Lion, conditioned upon:

The Planning Commission finds:

The motion was seconded and the vote unanimous.

#02-98 Kentfield West / Barrett Family LP - Major Subdivision-Prelim. Plat; #03-78 Road Waiver - Mrs. Langenfelder advised her son-in-law had done work for Mr. Barrett, but in no way will that influence her voting on this subdivision.

The Barrett Family Limited Partnership is requesting preliminary plat approval for a 26-lot subdivision on Coopers Lane and Barrett Farm Lane. The lots are arranged around an existing pond and range in size from 1 to 1.6 acres. The Barrett Family Partnership will retain approximately 32 acres which will be added to the adjacent property. The property is zoned "RR" and "RCD".

James Barrett and his surveyor David Joiner of McCrone, Inc. were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report noting relevant issues and applicable law. Staff also reviewed the history of this property.

Mrs. Owings recommended approval of the road waiver. She also recommended approval of the preliminary plat contingent on the following:

Mrs. Owings read two letters regarding this proposal, one from Ernest Leap asking that subdivision approval be reserved until the community has had an opportunity to meet with Mr. Barrett. The McCrone, Inc. letter states they have been informed by the county engineer that Coopers Lane is adequate to support the proposed subdivision. McCrone feels traffic will be increased by only 1% and will not cause any danger to the public.

Chairman Morris invited the applicant to comment. Mr. Joiner advised the lots were tested and only one lot did not perk. He reviewed the preliminary plat with the Board. Mr. Barrett is willing to provide the 5-foot bike/walking path along his property on Coopers Lane wants to but reduce the landscape buffer to 40 feet. Discussion ensured regarding the landscaping.

Mr. Barrett advised the subdivision and deed restrictions will be separate from his other subdivision. Mr. Barrett commented further on the proposed subdivision with further discussion between he and the Planning Commission. Mr. Barrett added that the existing fencing on Coopers Lane will be replaced with white board fence which should help deter deer from jumping out on the road.

Chairman Morris asked for public comments. No one in the audience came forward.

After further review and discussion, Ms. Brown made a motion to grant a waiver of the county road requirements to allow two cul-de-sac roads longer than 600 feet, specifically: Overlook Drive and West Kentfield Road. The motion was seconded and the vote unanimous.

After additional discussion, Mr. Sutton made a motion to grant preliminary plat approval for the Kentfield West Subdivision, finding:

Motion was seconded. The Board discussed the motion. Mr. Sutton added the following to his motion:

Lots 16 through 20 must be restricted to entering off Overlook Drive

Lots 38 through 40 and Lot 29 must access off West Kentfield Drive.

Chairman Morris called for the vote. The vote was unanimous.

STAFF REPORTS

Amy Moredock, Environmental Planner - Ms. Moredock advised staff is currently working on a Hazard Mitigation Plan. She will also be attending a meeting at Bishop's Head with the Tributaries Strategies Team. Urieville Lake assessment underway.

Carla A. Martin, Community Planner - Friday, September 5^th is the kick-off meeting for the Interpretative Plan.

Gail Webb Owings, Planning Director - The Board of Appeals approved the Roy variance application.

The County Commissioners approved the amendments to the Land Use Ordinance which will become effective October 3, 2003.

The County will be co-sponsoring a lecture on Small Town Design with the Eastern Shore Land Conservancy at Washington College, mid-October.

The County has applied for a grant with the University of Maryland, Washington College, University of Delaware GIS System to do a bio-regional assessment and visioning session of the northern end of the county.

The County Commissioners went over their goals and objectives for the county at their evening meeting in Galena. Copies will be given to the Planning Commission next month.

ANNUAL REPORT - Mr. Sutton made a motion to approve the 2002 Annual Report. The motion was seconded and carried by a majority vote. Ms. Brown abstained from voting since she was not at the previous meeting when the Annual Report was reviewed.

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

__________________________________

Elizabeth H. Morris, Chairman

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Elizabeth Carroll, Secretary

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