KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, June 3, 2004, 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; G. Mitchell Mowell Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the April 1, 2004 meeting were approved. The minutes of the May 6, 2004 meeting were approved after making corrections, specifically page two, fifth paragraph, "the farm is owned by the children of Conrad and Patricia Langenfelder, along with several typos.

APPLICATIONS FOR REVIEW

Allan J. Hill, Et al - Agricultural Land Preservation District - The Hill Family wishes to create an Agricultural Land Preservation District on their 159.419 acre farm located on Browntown Road, in the Second Election District. The farm consists of 139 acres of crop land and 20 acres of woodland along Morgan Creek. Approximately 85% of the soils are considered Class II or III. There are no dwelling son the property. The farm is zoned "AZD". The property is outside the 10-year water and sewer plan.

Mr. Allan Hill was present and sworn in with staff by Chairman Morris. Mrs. Langenfelder, noted she is an adjoining property owner to the Hill Farm, but she does not feel that will in any way influence her review and decision on this proposal.

Ms. Martin reviewed the staff report. She noted this farm is a link between a MALPF easement and another MALPF district and creates a block of over 1200 acres of protect land. Ms. Martin noted applicable law found in Code of Public Laws of Kent County.

The Agricultural Advisory Commission reviewed this proposal identifying this farm as one that is critical to the continuance of agriculture in Kent County. The Board recommended approval of this district.

Ms. Martin advised this property exceeds the criteria for creating an Agricultural Land Preservation District and it complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Staff recommended approval.

Mr. Hill noted this farm adjoins another farm owned by the Hills at is a MALPF District. The Second Election District is one of the most productive land in Kent County and he would like his farm to remain in agriculture. He has children and grandchildren that are interested in agriculture. Mr. Hill noted his dwelling is on a separate parcel.

Chairman Morris asked for public comments. There were none.

Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the Allan J. Hill farm as an Agricultural Land Preservation District. The Board finds:

The motion was seconded and the vote unanimous.

Anna M. Sutton, Et al - Agricultural Land Preservation District - The Sutton Family wishes to create an Agricultural Land Preservation District on their 197 acre farm located at the corner of Lambs Meadow Road and Turners Creek Road in the Second Election District. The farm consists of 178.8 acres of crop land and 4 acres of woodland. Approximately 91% of the soils are considered Class I, II or III. The farm is zoned "AZD". The property is outside the 10-year water and sewer plan.

John Carvil Sutton and his sister Beverly Philipp were present and sworn in with staff by the Chairman.

Ms. Martin reviewed the staff report noting this farm is adjacent to two other MALPF districts and easement and another MALPF district and creates a block of over 1200 acres of protect land. Ms. Martin noted applicable law found in Code of Public Laws of Kent County.

The Agricultural Advisory Commission reviewed this proposal identifying this farm as one that is critical to the continuance of agriculture in Kent County. The Board recommended approval of this district.

Ms. Martin advised this property exceeds the criteria for creating an Agricultural Land Preservation District and it complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Staff recommended approval.

In a letter, Louis and Brian McDonald, expressed their support to establish an ag district.

Chairman Morris invited the applicants to speak. Mr. Sutton advised surrounding farms are placing their farms in the MALPF program, and the placement of the Sutton farm in a district will help preserve agriculture in this area. Mr. Sutton and Mrs. Philipp inherited the farm their mother who recently passed away. Mrs. Philipp has one child who should be included on the application.

There were no public comments from the audience.

Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending the approval of the Sutton Farm as an Agricultural Preservation District, finding:

The motion was seconded and the vote unanimous.

Montabello Hills II - Major Subdivision 19 lots (Preliminary) - Douglas and Judith O'Dell are requesting preliminary approval for a 19 lot subdivision which is Phase II of the Montabello Hills Subdivision. The property is located on the west side of Coopers Lane in the Third Election District. The 97.225 acre parcel is zoned "RR" Rural Residential.

Mr. Douglas O'Dell was present along with his survey Michael A. Scott who were sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting the history of this property. In 1986 Mervin Lapp subdivided three lots from the adjacent farm. In 1987 the Planning Commission approved Lots 4-11. Lots 12-33 were approved in 1991. A few months ago the Planning Commission reviewed the O'Dell's concept plan for the remaining acreage.

Ms. Martin addressed relevant issues and noted the Comprehensive Plan encourages compatible infill of development and community services. Applicable law is found in Article V, Section 4 of the Land Use Ordinance which establishes the criteria for development in the "RR" District. All the proposed lots meet the minimum requirements. The Health Department approved perc sites in March 2003.

Staff noted the applicants have provided 40% of the adjusted tract acreage as open space. It was noted a simplified forest stand delineation has been approved. It is recommended that the hedgerow on the western side of the property be protected from clearing through deed restrictions.

Ms. Martin reviewed at length the Design Standards as found in Article V, Section 3 of the Land Use Ordinance. She noted that new development and the impact of additional traffic along Coopers Lane is an issue the Planning Commission should take into consideration. It was suggested that the applicants work with other developers planning to development in the area.

Staff recommended approval of the preliminary plan with conditions, specifically:

Ms. Martin advised the office has received no letters from adjoining property owners, however a phone call was recorded noting the person wants to see plenty of landscaping.

Chairman Morris invited the applicants to speak. Mr. O'Dell questioned staff's recommendation regarding open space along the Spry property. Mr. O'Dell wants the Sprys to continue to have their privacy. The Planning Commission reviewed the plat for the area in question. Mr. O'Dell advised he would like to put in a coniferous buffer along Coopers Lane to be maintained by property owners through deed restrictions. Discussion ensured.

Mr. O'Dell said he will work with engineers to address bio-retention. Mr. Scott noted the stormwater management pond cannot be counted as open space, however he would like to see the required amount of open space reduced based on the stormwater design. Discussion continued.

The Planning Commission further reviewed the subdivision plat with Mr. O'Dell discussing issues regarding the proposed subdivision.

Chairman Morris invited the public to comment. There were no comments.

After some discussion, Ms. Brown made a motion to grant preliminary subdivision approval for the Montabello Hills II creating 19 lots, recommending the following:

The Planning Commission found:

The motion was seconded and the vote unanimous.

ZONING TEXT AMENDMENTS - Mrs. Owings advised the Maryland General Assembly passed two bills which affect Kent County's Critical Area regulations in the Land Use Ordinance. Staff reviewed each proposed amendment with the Planning Commission as well as some other amendments as follows:

Maximum Fines

Amend: Article XII, Section 4.5 by deleting "and Critical Area forest or buffer clearing"

Amend: Article XII, Section 4.5 by adding, "Within the Critical Area, in addition to any other penalty applicable under state law, a person who violates a provision pertaining to the Critical Area is subject to a fine not to exceed $10,000. In determining the amount of the penalty to be assessed, the Zoning Administrator may consider:

After discussion of the amendments to Article XII, Section 4.5, Ms. Brown recommended approval of these amendments as presented by staff. The motion was seconded and the vote unanimous to forward the amendments to the County Commissioners for their consideration.

Variances

Amend: Article IX, Section 2.2 of the Land Use Ordinance, by adding:

3h. In considering an application for a variance, the Board of Appeals shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of this Ordinance and the Critical Area Law.

3j. The Board may consider the cause of the variance request and if the variance request is the result of actions by the applicant, including the commencement of development activity before an application for a variance had been filed.

Amend: Article IX, Section 2.2.5.

Each case shall be decided and a decision and order issued no later than 30 days after the hearing is concluded. The decision and order granting or deny the variance shall be in writing and shall be signed by the Board of Appeals. This decision and order shall be based on competent and substantial evidence and when applicable shall contain findings as to whether the applicant has overcome the presumption established in Article IX, Section 2.2.3h of this Ordinance. With due regard for the person's experience, technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by the applicant, any government agency, or any other person deemed appropriate by the Board. The Department of Planning and Zoning shall mail a copy of the decision to the applicant. The decision and order shall be made a part of the public record of the proceedings on file in the Department of Planning and Zoning.

Amend: Article XI, Section 2, 337 ½ Unwarranted Hardship; Within the Critical Area, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

After discussion of the above amendments, the Planning Commission recommended approval of the amendments and to forward to the County Commissioners for their consideration. The motion was seconded and the vote unanimous.

Dwelling Units in the Critical Area

Amend: Article XI, Section 2.98 Dwelling Unit - A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family.

Within the Critical Area: A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping and other activities routinely associate with daily life. Dwelling unit includes a living quarters for domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.

Amend: Article V, Section 2.4B. Delete Section 5 and add a new Section 1, and by adding a note to 2.5 of the Density Chart, and renumbering Section B.

Amend: Article V, Section 2.5.4. Accessory dwelling units that comply with Article V, Section 2.5.4B1 do not count toward the density calculation.

After review and discussion, the Planning Commission concurred with the amendment as presented and agreed that a guest house may also be a permanent residence. The motion carried by a unanimous vote.

Private Piers

Amend: Article VI, Section 3.7.

10. The following shall apply to private piers, shared piers, community piers and other non

community pier and other non-commercial boat docking facilities:

After reviewing this amendment, the Planning Commission agreed with the text and voted to forward the amendment to the County Commissioners for their consideration.

Open Space

Amend: Article V, Sections 4.64 and 6.6.4

Major subdivisions shall include 40 percent of the adjusted tract acreage plus the acreage in slopes over 25 percent, tidal and nontidal wetlands, required buffers, and stormwater management areas as open space unless all of the parcels are 10 acres or more in size.

The adjusted tract acreage shall be determined by subtracting the acreage in slopes over 25 percent, tidal and nontidal wetlands, required buffers, and stormwater management areas. The Planning Commission may waive this requirement when that total amount of open space, including steep slopes, wetlands, buffers, and stormwater management areas exceeds 60 percent of the site. When all of the parcels in the subdivision exceed 10 in size, the developer shall pay a fee of $250.00 for each lot in lieu of providing land for recreational purposes.

There was extended discussion on the open space amendment. Ms. Sutton made a motion to change the percentage from 60 percent to 40 percent. The motion was seconded. The vote was unanimous.

Agricultural Land Preservation District Density Calculations for Children's Lots

Amend: Article V, Section 1.5.6

6. Nothing in this regulation shall limit the ability of a participant in the Agricultural Easement Program to convey real property impressed with an easement to family members provided the easement was recorded with the Kent county Clerk of Circuit Court prior to October 1, 2003.

After some discussion, Chairman Morris asked the Planning Commission for their recommendation on this text change. The Planning Commission unanimously agreed not to recommend approval of this amendment.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - Ms. Moredock is currently work on the Uriville Lake project. Getting feedback from final report submitted by an engineering firm.

Sassafras River Group in the process of getting organized. There will be a meeting tonight at the Turners Creek Pavilion at 7 p.m. for those interested.

Sixth Annual Wade In, sponsored by the MD Eastern Shore Tributary Strategies Team will be held Saturday, August 19.

Carla A. Martin, Community Planner - The National Scenic Byways received a seed grant in the amount of $25,000. It is hoped that someone will be willing to take over the administration of this grant.

Gail Webb Owings, Planning Director - The Heritage Area Plan meeting is scheduled for Monday, June 7, at 7 PM at Washington College's Hodson Hall. Hopefully this will be well attended.

Others may be attending the charette for Kennedyville area residents. A developer, interested in the area, has planned a three-day charette for review and consideration by the local residents.

Mrs. Owings referred to the new Sediment Control and Stormwater Management plans, as required by the Maryland Department of the Environment. These plans will apply to any new dwelling.

The Board discussed the Comprehensive Plan Visioning Session scheduled for Tuesday, June 22, 2004, 7 p.m. at Kent County High School.

GENERAL DISCUSSION

The Planning Commission and staff discussed various zoning issues and violations.

There being no further business, the meeting adjourned at 3:50 p.m.

______________________________________

Elizabeth H. Morris, Chairman

______________________________________

Elizabeth E. Carroll, Secretary

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