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The Kent County Planning Commission met in regular session on Thursday, February 3, 2005, 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; Jay P. Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.
MINUTES - Minutes of the December 2, 2004 meeting were approved after making several corrections. With regards to Drayton Manor preliminary approval, it should be added that Mr. Hickman noted the preliminary plan was not as detailed as the Planning Commission would like it to be, and could very well be turned down for final, if detailed plans, including elevations, room size and schematics from the road were not included. The Minutes of the January 6, 2005 public hearing were approved after correcting typos. The Minutes of the January 6, 2005 meeting were approved as written.
APPLICATIONS FOR REVIEW
#04-123 County Commissioners of Kent County - Major Subdivision, 4 Lots - (Prelim & Final Plat)
The County Commissioners of Kent County propose to create four lots from their 14.2 acre parcel located on Commerce Lane and Worton Road (Route 297) in the Third Election District. All entrances to the lots will be from Commerce Road. These lots will be served by public water and sewer. The property is zoned AI@ Industrial.
Chairman Morris advised her property adjoins the subject property but she does not feel that will influence her review or decision on this subdivision.
County Engineer Jim Wright and Surveyor Dave Powers of McCrone, Inc. were present and sworn in with staff by Chairman Morris.
Mrs. Owings reviewed the staff report noting the history of the property. At the January 6, 2005 meeting, the Planning Commission reviewed the concept plan and offered comments for consideration by the developer. Mrs. Owings reviewed relevant issues and addressed applicable law found in Article V, Section 15 of the Land Use Ordinance. The lot sizes proposed are adequate for potential business use, and the setbacks proposed are appropriate to the site and comply with the applicable regulations.
Staff believes this subdivision is:
- Consistent with the Comprehensive Plan and the design standards set forth in the Land Use Ordinance.
- Commerce Lane is capable of handling the traffic generated by the four lots.
- The Department of Water and Wastewater will need to grant water and sewer allocation to the lots. The infrastructure to serve the lots was installed during road construction.
- Lighting needs to be dark-sky compatible.
Staff recommended approval contingent on completion of the following:
- The Planning Commission attorney approves the deed restrictions which address landscaping, maintenance, impervious surface limits if proposed, and architectural and lighting standards.
- Approved landscaping and forest conservation plans by the State
- Final approved sediment control and stormwater management plans.
The Planning Commission reviewed the preliminary/final plat.
Mr. Jim Wright had no additional comments to add to the staff report, but said he was willing to answer any questions the Board might have regarding this subdivision. Allocation has been approved for water and sewer. There are no plans for lighting at this time as it will be up to the individual lot owner who purchases the lot. The lots will be deed restricted. There will be a review committee to review all proposals. Landscaping has been approved.
There was no correspondence received in the Planning Office, and there were no comments from the audience regarding this subdivision.
In summarizing, Mr. Wright requested final subdivision approval contingent on approval of the covenants and restrictions, and final approval by Soil Conservation.
Ms. Langenfelder made a motion to grant preliminary and final plat approval for the Kent County Commissioners four-lot subdivision located on Commerce Lane and Worton Road, contingent upon:
- Approval of the deed restrictions addressing landscaping, impervious surface limits, architecture, lighting standards; and
- Final approval of stormwater requirements and sediment control management plans.
This recommendation is based on the following findings:
- The subdivision is consistent with the Comprehensive Plan and the design standards set forth in the Land Use Ordinance.
- The subdivision conforms with the provisions of all applicable rules and regulations of county, state and federal agencies.
- Convenience and safety of both vehicular and pedestrian movement with in the site and in relation to adjoining ways and properties.
- Reasonable demands placed on public services and infrastructure.
- Adequacy of methods of sewage and refuse disposal, and the protection from pollution of surface and ground water. And minimize soil erosion.
- Minimizes the area over which existing vegetation is to be removed. Where-ever tree removal is required, replacement trees will be provided.
- The applicants' efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside plans, and the retain of open space and agricultural land where-ever it is possible.
The motion was seconded and the vote unanimous.
GENERAL DISCUSSION
Annual Reports - 2003 & 2004 - The Planning Commission acknowledged staff has done a great deal of work, not only the report but the all the work staff has done.
After a brief review, Mr. Sutton made a motion to forward the 2003 Annual Report and the 2004 Annual Report to the County Commissioners and State Planning, and citing that these reports prove that the Department of Planning and Zoning is very busy. An outstanding job has been done by all staff and particularly by Amy Moredock in preparing these documents. The report shows trends which we hope are in the right direction. The motion was seconded. There was additional discussion with Mrs. Owings commenting on the projects reviewed administratively and by the Technical Advisory Committee.
Mr. Hickman asked if staff could provide a report or list of minor subdivisions and other minor project activity. Completing discussion, Chairman Morris called for a vote. The vote was unanimous.
Report on Meeting with Galena Planning Commission - Mr. Lancaster and Mrs. Langenfelder reported the consensus was that Galena wants to limit new development. They would prefer to keep Galena and the area surrounding the town the same. There is no interest in annexation. Truck traffic continues to be a concern.
The Galena Planning Commission tabled review of the Appendix to their Comprehensive Plan to include Stories of the Chesapeake, until their February 26 meeting which will be a public hearing.
Meeting with Chestertown Planning Commission is scheduled for Monday, February 7, at 7 PM.
Comp Plan Workshop - Tuesday, February 8, 7 PM, in the Second Floor Conference Room.
Rev. Freeman questioned regulations regarding snow removal from sidewalks. The County has no authority with regards to the incorporated towns. It was noted that when the Planning Commission meets with the Chestertown Planning and Zoning that issue can be mentioned.
STAFF REPORTS
G. Mitchell Mowell, Attorney - Attorney Mowell noted there is a zoning enforcement action going before the Court on February 10. The violations have been continuing but it appears now the matter is being addressed by the homeowner.
Gail Webb Owings, Planning Director - Mrs. Owings noted the County Commissioners selected Election District 1 as the focus for zoning enforcement at this time.
Staff has prepared a check list to help determine what fines should apply and administered fairly and equitably. The check list has been given to the County Commissioners for their review.
The County Commissioners approved the ability to send out the RFP for the Kennedyville Master Plan with the caveat that they can reject all applications come in too expensive.
Mrs. Owings met with Consultant Bruce Galloway who is working with the Millington on their Comprehensive Plan. It is planned to use the basic format of the Village Master Plan with Millington.
The County Commissioners are developing an RFP for development of the Lamotte property and are working with the Economic Development Board and some attorneys to make sure the RFP covers all that should be covered.
There being no further business, the Planning Commission voted to close the meeting at 2:10 PM.
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Elizabeth H. Morris, Chairman
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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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