KENT COUNTY, MARYLAND
PLANNING AND ZONING

            The Kent County Planning Commission met in regular session on Thursday, October 5, 2006, 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 Sutton; Marcy Brown; Patricia Langenfelder; Jay Lancaster; F. Joseph Hickman; Rev. Ruben Freeman; and staff: G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla Martin, Community Planner; and Elizabeth Carroll, Secretary.

MINUTES – The Minutes of the September 19, 2006 meeting were approved as written.

APPLICATIONS FOR REVIEW

#02-140 Millington Food Lion – Request for Extension of Final Approval - Food Lion is requesting an extension of final site plan approval for the Millington Food Lion which would otherwise expire November 6, 2006.  Food Lion received final site plan approval November 6, 2003 to construct a store on Route 291, west of Millington in the First Election District.  The property is zoned “CC” Crossroads Commercial.

            Vince Watkins of Watkins Group was present on behalf of Food Lion and was sworn in by Vice Chairman Sutton.  Chairman Morris excused herself from review of this application since she has a conflict.

            Mrs. Owings advised that construction of the public water system that will serve this site has been recently completed.  The applicants have applied for and received a building permit but construction has not begun. Soybeans are currently planted in the field. 

            Mrs. Owings noted applicable law found in Article VI, Section 5.2.6 of the Land Use Ordinance which states that site plans shall expire after twelve months unless otherwise extended.  Staff recommended approval of an extension. The site plan regulations have not changed.

            Mr. Watkins informed the Planning Commission that the water and sewer was completed in January, however a pressure test was performed and found that Food Lion did not have sufficient pressure for sprinklers.  Once the lines were fired in May, there was sufficient pressure.  Food Lion has changed their merchandising mix and the size of some of their stores, however they do not wish to change the size of the Millington store or the renderings that have previously been approved.  They anticipate site work to begin January 2007.

            Dennis Hager, Mayor of Millington, said he had been opposed to Food Lion’s original application because he would prefer to see commercial growth within the town limits.  Currently, the Town has been reviewing its comprehensive plan and land use plan, and the Town Planning and Zoning would prefer to see industrial use in this particular area creating more employment opportunities.  Mayor Hager noted that future subdivisions and industrial development may maximize the public water and sewer systems that have been recently upgraded limiting residential growth Food Lion may be anticipating for business to their store.  Mr. Watkins responded that their decision to build was based on existing demographics.

            After some discussion, Mr. Hickman made a motion to grant a one-year extension of the final site plan for Food Lion to November 6, 2007.  This decision is based on the problems Food Lion has experienced with regard to their sprinkler system which caused delays in construction.  Also the need to harvest the soybeans before site work can begin.  The motion was seconded.  The motion carried by a 4-1 vote.

Town of Millington - Discussion of Growth Area - Joseph Hickman advised he is a member of the Board of Chesapeake Fields which has an option on land within the growth area, but noted he would like to participate in today’s discussion with Mayor Hager.  Mrs. Elizabeth Morris noted she is employed by Chesapeake Fields and would like to participate in the discussion.

            Mayor Hager informed the Planning Commission that the Millington Town Council and Planning Commission have made a strong commitment to work with the County to make sure we are all on the same page at all times.  Because of work commitments, members of the boards could not attend today’s meeting. 

            The Millington Comprehensive Plan and designated growth area was submitted to the Council for approval. Following submittal there has been a request to extend the line to include the Wick property.  Mayor Hager reviewed the land use map with the Planning Commission.  The town officials reviewed comments received from Queen Anne’s County, Kent County and the Maryland Department of Planning.  With all their hard work and time spent on the land use map, they want it to be correct.  They do not want to overextend their services and would like guidance and input from the County Planning Commission on how far to extend their growth boundary.

            After some additional discussion and review of the proposed Millington zoning map, it was decided that the Millington Planning Commission and the Kent County Planning Commission should meet at another time to discuss the mayor’s concerns.  Mayor Hager said he would contact staff to confirm a date and time.

#06-80 Brickyard Land Holding, LLC (Gillespie Concrete) – Concept Plan – Brickyard Land Holding is requesting concept site plan review for 25,500 sq ft addition to their existing concrete production building and to expand the outside storage area for pre-cast concrete items.  With the addition, the building will be approximately 40,300 sq ft and a gravel storage yard exceeding 3 acres in size.  The 57 acre parcel is located on Morgnec Road (Route 291), in the Fourth Election District.  Zoning of the property is CC, I, & ICA-LDA.

            Jim Gillespie and his surveyor Kevin Shearon, DMS Associates, were present and sworn in by Chairman Morris. 

            Mrs. Owings reviewed the staff report noting relevant issues and applicable law found in Article V, Section 15.5 and 16.4 of the Land Use Ordinance which establishes bulk and yard requirements for the industrial zone. The proposed setbacks exceed the requirements. However, the actual distances to all property lines should be clearly noted on the preliminary plat. Article V, Section 15 and 16 of the Ordinance also addresses general standards, environmental standards, and design standards. The Comprehensive Plan supports existing businesses and their expansion. Staff has reviewed this proposal and outlined outstanding issues to be addressed.

            There is no correspondence from adjoining property owners, however a property owner did stop in the office to review the application and expressed some concern about the number of trucks and speed of traffic and whether it may be necessary for Brickyard Holdings to have their own entrance rather than a shared entrance.

            Mr. Shearon noted the applicants wish to expand their existing concrete production facility. The addition will be behind the existing building away from Morgnec Road.  They are working with Joe Blizzard at Soil Conservation regarding stormwater management.  They are considering small pockets of stormwater management ponds.  Every effort will be made to protect any wetlands by redirecting water flow.  Butch King, State Highway Administration, has been contacted and they are waiting for a letter from SHA listing the improvements required by them.

            Mr. Shearon and Mr. Gillespie reviewed the site plan with the Planning Commission pointing out the storage area and noting the other buildings and their uses.  They have experienced some difficulty getting landscaping to grow and have talked to their landscaper about building a berm to provide better soils since that area has a lot of clay. 

            When asked about increased truck traffic, Mr. Gillespie advised that within five years the truck traffic may probably double.  Trucks usually travel Route 301 or Route 213 north.  A bypass would serve them well.  The existing entrance will be upgraded according to SHA requirements.

            Mr. Gilllespie advised no fencing is proposed at this time. Lighting will be wall-mounted to the buildings.

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

            Summarizing the review of Brickyard Land Holdings concept site plan, Chairman Morris noted the following:

§         Need certified engineer’s report

§         Explain type of raw materials

§         SHA is reviewing project

§         Road maintenance must be addressed

§         Landscaping required

§         The proposal is consistent with the Comprehensive Plan’s goal to support expansion of local businesses.

§         Address water quality through stormwater review

#05-81Knight’s Landing Section II, Phase VI – Preliminary Plat (8 lots) – Country Living LLC is requesting concept approval of Knights Landing II, Section II, Phase VI which consists of eight lots and a tot lot in Worton-Butlertown in the Third Election District.  This is a continuation of the existing subdivision that began in 1988.

The property is zoned “V” Village.

Present and sworn in by Chairman Morris were: Debbie Orr, Cindy McCann and Jack Kirby.

            Mrs. Owings reviewed the staff report including the history of this property.  She also noted excerpts from the Comprehensive Plan.  Applicable law is found in Article V, Section 7 of the Land Use Ordinance which addresses general design standards for the Village District as well as specific design standards.  She also reviewed Subdivision requirements found in Article VI, Section 6 of the Ordinance.

            Mrs. Owings recommended approval of the preliminary plat as presented, provided:

§         The open space is clearly delineated on the plat

§         The tot lot should be developed with some playground equipment, not just open space

§         Clarify the amount of open space and recreational land and design the open space to comply with the ordinance

§         Lighting should be dark sky compatible and human scale

§         The lots should be renumbered to reduce future confusion

Chairman Morris invited the applicants to speak.  Mr. Kirby reminded the Planning Commission that this proposal was before them two months ago.  The plat has been revised.  Water and sewer has been approved for these eight lots.  Roads are already constructed   Mr. Kirby noted his client is proposing 3.45 acres of open space that includes 1.66 acres of an existing pond. The pond will be excluded from that calculation.  The recreational area will cover approximately 1.58 acres which includes the tot lot and the walking path that will meet the recreational requirement.  The developer feels the tot lot may be more suited in the middle of the development. 

            Mr. Kirby presented a rough concept plan for full build-out of this property which would be approximately 40 more lots. 

            Mr. Kirby noted street lighting will be as required.  Street trees are addressed in the landscape plan. Diameter of the trees has been increased based on comments by the Planning Commission at a previous meeting.

            Mrs. Orr advised the cost of the homes are expected to be approximately $150,000.

            Applicants were asked how the tot lot and 10-foot easement will be maintained.  Mr. Kirby noted there is no homeowners association for the previous phases.  They are considering a homeowners’ association for the eight new lots for the maintenance of the trail and the tot lot and that any future phases will also be required to join the HOA.  The trail will be handicap accessible.  Discussion ensued with regards to a homeowners’ association and maintenance of the tot lot and all open space.  Attorney Mowell pointed out the developer may be responsible for the maintenance of the tot lot until the last lot is sold.  With regards to the usability of the open space, Mr. Mowell said it is not anticipated that the 5 feet from the pond is open space that is useable.  There needs to be a delineation of what is and isn’t usable open space.  Mr. Kirby feels the developer meets the necessary requirements.  Discussion continued about open space issues.  Must identify open space.  Where is the easement?

            Chairman Morris asked for comments from the audience.  After being sworn in, Judith Warner of Austin Court in the Knights Landing Subdivision, and a new resident of Kent County, expressed several concerns.  She spoke with neighbors and they are all opposed to the tot lot, mainly because it will be used by some adults selling drugs.  The building lots are big enough for children to play.  She does not support a homeowners’ association for various reasons.  Who pays the taxes on open space?  Who assumes liability of tot lot?

            Question was raised about hookup to water and sewer since a moratorium exists for development in the Worton-Butlertown area, and also is not the Worton community system at capacity?  Rev. Freeman feels it would be beneficial to have the Director of Water and Waste Water and a representative should be present at all Planning Commission meetings for guidance.

            In summarizing, Mr. Kirby said he will address issues with the developer before coming back to the Planning Commission for final review.

            Following review and discussion, Ms. Brown made a motion to grant preliminary plat approval for Knights Landing II, Section II, Phase VI, for the eight proposed lots, conditioned upon:

§         Board needs to see a plan for build-out of the remaining portion of the land

§         The lots must be renumbered

§         A sidewalk along Route 298 is required

§         Stormwater management is not considered open space

§         There is enough open space for these eight lots with the walking path and the 50-foot easement

§         Lighting will be dark-sky compatible

§         The proposal is consistent with the Comprehensive Plan in that growth is planned around existing communities and this is infill in Knights Landing

§         The proposal meets all the density, height and yard requirements for the Village District

§         Meets the general standards of the Village District

§         Walking path around the pond will be handicap accessible

§         The portion of the walking path going across the riprap will be safe

§         The developer will pay for the maintenance of the path while still involved with this project

§         Tot lot will be equipped with playground equipment.  Developer will be responsible for maintenance of tot lot while still involved with the project and future development of the remaining lands.

§         This is a continuation of an existing subdivision

§         Street trees have been designed into these eight lots and are of a larger caliber than previously.  Landscape plan is presently being reviewed by county forester.

§         Site access is directly from Route 298, a primary road

§         Developer is paying a fee in lieu of forest conservation for these eight lots

§         Water and sewer will be addressed at final

The motion was seconded.  There being no further discussion, the motion passed by a unanimous vote.

#05-82 The Presbyterian Church of Chestertown – Final Site Plan - The applicants are requesting final site plan approval to expand their church located between Route 213 and Gateway Drive in the Crestview Subdivision, north of Chestertown, in the Fourth Election District.  The project includes a new sanctuary and education wing.  The property is zoned “IV,” Intense Village.

            Present and sworn in by Chairman Morris were: Kevin Shearon, DMS & Associates, Phil Rodgers, Architect and staff.

            Ms. Martin reviewed applicable law in Article V, Section 8, specifically addressing general design standards; parking; landscaping and forest conservation; stormwater and sediment control.  Staff recommended final site plan approval upon acceptance of the letters-of-credit by the County Commissioners.

            No correspondence has been received from the public.

            Mr. Shearon said he feels the applicants have complied with all requirements.  He noted the church’s building committee was present for this final review.  All county agencies have approved the proposal and letters-of-credit have been submitted.

            In reply to an inquiry about the two lots owned by the church, Mr. Shearon explained that the Health Department wanted the church to combine Lot 86, to be used as a reserve area, with their other lot.  Mr. Rodgers noted sprinkling is not required for the church since they are under 300 seats, however a firewall is necessary. New lighting will be compatible with existing lighting. 

            The Planning Commission reviewed the final site plan, especially reviewing the proposed landscaping. Susan Debnam, member of the building committee, was sworn in and advised that the landscaping plan was prepared by Speakman Nurseries.  Tom Speakman is a member of the congregation and working with the garden committee.

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

            After a brief review and discussion, Ms. Brown made a motion to grant final site plan approval for the construction of a new sanctuary and education wing for the Presbyterian Church of Chestertown on their property located on Gateway Drive, in the Crestview Subdivision. The Board finds this proposal meets all site plan requirements.  The proposal is an expansion of existing facility.  Letters-of-Credit have been submitted. The motion was seconded and the vote unanimous.

STAFF REPORTS

Gail W. Owings, Planning Director – Mrs. Owings advised the Court of Special Appeals upheld the Board of Appeals Drayton Manor decision, that Drayton is an existing conference center and is able to expand.

The County Commissioners will hold a hearing on the zoning text amendments discussed by the Planning Commission at last month’s meeting:  The ethanol plant; subdivision roads; and citizen participation plan.

1:00 pm  Legislation to establish a voluntary preservation program

1:15 pm  Road standards for new development

1:30 pm  Text amendment allow “grain, processing, distilling and biofuel production

The Maryland Department of Transportation will hold its annual tour on Tuesday, October 24 at 9:00 am before the County Commissioners. 

Staff has received two master plans from the consultants.  Worton-Butlertown Steering Committee will be reviewing their draft plan within the next few weeks.  Kennedyville plan is under review by staff.  Kennedyville does not have a steering committee.  A meeting will be scheduled with the general public and then on to the Planning Commission.  Staff needs to contact the consultant for the Fairlee Village Master Plan to schedule another meeting.  After review by the Planning Commission, the village master plans are forwarded to the County Commissioners for public hearings as an appendix to the County’s Comprehensive Plan.

            Question was raised about the destruction of trees and its ramifications.  Mrs. Owings noted the County has administered its first $10,000 fine against a property owner in Gentle Winds for clearing in the Critical Area Buffer.  There have also been several $6,000 fines.  The money goes into the general fund under zoning violations. The money can be used for environmental projects and watershed restoration projects in the area where the violation occurs.

            There being no further business, Chairman Morris adjourned the meeting at 4:30 p.m.

 

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Elizabeth H. Morris, Chairman

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Elizabeth Carroll, Secretary