KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, August 4, 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; Marcy Brown; Rev. Ruben Freeman; J. Francis Hickman; G. Mitchell Mowell, Attorney; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary. Gail Webb Owings, Planning Director, attended the meeting after review of the Piney Neck Land LLC subdivision proposal.

MINUTES - The Minutes of the July 7, 2005 meeting were approved as written.

APPLICATIONS FOR REVIEW

#05-53 Piney Neck Land LLC / Ashley Pines - Major Subdivision (Revised Concept) - In response to the Planning Commission = s comments at the July 7 Planning Commission meeting, the applicants are requesting a second concept review of their 12-lot subdivision located between Ashley Road and Piney Neck Road, in the Fifth Election District. The 12.226-acre parcel is zoned “CR” Community Residential and will be served by public sewer and private wells.

Sam Owings and his engineer Tom Davis of DMS and Associates was present and sworn in with staff by Chairman Morris. Chip MacLeod, attorney for the applicants was also present.

Ms. Martin read the comments made by the Planning Commission at the July 7, 2005 meeting with regards to the concept reviewed at that time.

Ms. Martin reviewed the staff report regarding the revised concept plan noting relevant issues and applicable law. Staff noted all lots contain suitable building sites. Lots 1 and 2 have been turned to front onto Piney Neck Road thereby eliminating houses facing into he rear yard of the Nordhoff property. Lot 8 has been shifted off the corner of Piney Neck Road Crouch's Lane in an attempt to improve the site distance around the corner. The lots vary a little more in dept and width. Only five lots will have access from Ashley Road and the applicants are requesting the requirement to widen Ashley Road be removed due to the reduction of lots on the road. The applicants have submitted a narrative and met with neighbors on May 24, 2005. Sewer allocations have been approved. Electric service is available. Road widening and 10-foot wide pedestrian easements are shown on the plat.

No new correspondence has been received in the office.

Tom Davis responded to the concerns expressed at the July meeting, noting Lots 1 and 2 have been oriented at the corner so they will front on Piney Neck Road. Lot 8 has been shifted addressing site distances that could arise. Some lots are narrower. An open space corridor has been provided between Lots 1 - 3. Screening will be provided. Entire open space will be planted providing a forested area. He reviewed the site plan with the Planning Commission showing the proposed forested areas.

Mr. Davis said they met with the County Engineer Jim Wright and he still believes Ashley Road is sufficient to serve the increased traffic. The number of lots fronting on Ashley Road have been reduced to four in response to concerns expressed by the Planning Commission. The school bus does go down Ashley Road. Discussion continued regarding Ashley Road.

Ms. Brown asked about potential for development on the opposite side of Ashley Road. Attorney Chip MacLeod advised the Michael property is a certified sanctuary and he does not plan any development.

His property is presently zoned "RCD."

Mr. Sam Owings commented that any road widening would take away the tree line changing the "country road" character away from the neighborhood. There was further discussion regarding the roadway.

There were no public comments.

After discussion with the applicants, the Planning Commission made the following comments regarding the revised concept plan for a 12-lot subdivision:

• A 10-foot wide easement is sufficient at this time. There may be additional comments requiring road improvement from the Superintendent of County Roads.
• The front setback will need to be a minimum of 45-feet from the existing property line and the area suitable for an entrance to Lot 8 will need to be shown on the plat.
• The deed restrictions and plat need to acknowledge the inherent effects of having watermen and farmers as neighbors.
• Careful consideration needs to be given regarding stormwater management and addressing existing conditions. Need to look for a creative solution.

COMPREHENSIVE PLAN WORKSHOP - A public meeting/workshop has been scheduled for Monday, August 29, at 7:00 PM in the Board Meeting Room at the Kent County Board of Education on Washington Avenue. The draft sections to be reviewed are: Towns and Villages, Community Facilities, and Implementation.

STAFF REPORTS

G. Mitchell Mowell, Attorney - No report.

Carla A. Martin, Community Planner - Governor Ehrlich has asked the Agricultural Advisory Commissions to have A Listening Sessions @ state-wide focusing on four topics: Profitability, Land Use, Alternative Enterprises, and Agricultural Bio-Security. The meeting for our general area will be held on August 24, 2005, 7PM, at the Queen Annes 4-H Park on Dulin-Clark Road, Queenstown.

Amy G. Moredock - No report.

Gail Webb Owings, Planning Director - The RFP for Kennedyville will be going out to consultants August 5. Submittals are due back by September 9, 2005. After receipt of the Kennedyville RFP's, packets will be sent out for Fairlee and Worton separately.

GENERAL DISCUSSION

Chairman Morris asked the Planning Commission for comments requesting the County Commissioner place a moratorium on subdivision to allow staff and the board time to work on village master plans for Kennedyville, Fairlee and Worton. After some discussion, Ms. Brown made a motion to send the draft letter, prepared by staff, to the County Commissioners, stating the Planning Commission requests a moratorium on subdivision development in Fairlee, Worton and Kennedyville, until the time that Village Master Plans have been completed. The motion was seconded. Mr. Sutton asked staff if the County Commissioners have given an okay to proceed with a feasibility study of the Worton lagoon system.

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

Craig O'Donnell, Still Pond resident and reporter for the Kent County News, raised a question in response to Mr. Sutton's inquiry, asking Worton has buildable lots according to zoning and it is a growth area, is not the county obligated to provide water and sewer. Attorney Mowell replied that just because an area is zoned for more density, does not necessitate providing water and sewer. Property can be zoned and still not subdivided to match the density of the zoning. Attorney Mowell noted there is no public facilities ordinance. There is property that is zoned for development, that does not mean the facilities are available to allow the development and it does not obligate the county to provide the facilities. Zoning is in place but without the public facilities a subdivision cannot be approved.

“ Eastern Shore Rural Heritage Day” Sunday, September 25, 2005, 11 am to 5 pm, at Queen Anee's County 4-H Park near Centreville.

“Regional Symposium on Housing Affordability” Friday, September 9, 2005 at Chesapeake College - Notify Mrs. Carroll if you wish to attend.

Mr. Sutton noted Route 213 is a Scenic Byway. He questioned yellow stakes and the need to clean up some of the sites that have overgrowth. Banks and shoulders along Route 213 need mowing. State Highway Administration signs refer to the project as "Meadow Restoration."

There being no further business, Chairman Morris adjourned the meeting at 3:40 PM.

____________________________________

Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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