KENT COUNTY, MARYLAND
PLANNING AND ZONING

APPLICATIONS FOR REVIEW

Huntingfield Corporation – Agricultural Land Preservation District – Mr. and Mrs. Morrison of Huntingfield Corporation wish to create an Agricultural Land Preservation District on their 208.8 acre farm located on Huntingfield Road, Fifth Election District.  The farm consists of 164.2 acres of cropland, 21.4 acres of woodland, and 16.2 acres of wetlands and a pond. Approximately 78.7% of the soils are considered Class II or III.  There are no dwellings on the property.  The farm is zoned “RCD” Resource Conservation District and “AZD” Agricultural Zoning District, and is outside the 10-Year Water and Sewer Plan.

            Russ and Jody Morrison were present and sworn in with staff by Chairman Morris.

            The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets for the criteria for reviewing proposed districts.  Ms. Martin noted this property meets or exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

Chairman Morris invited the Morrisons to speak. Mr. Morrison informed the Planning Commission that the farm across from them, which is over 400 acres, has been taken over by the Chesapeake Bay Foundation.  The provisions there are that it is not be sold or developed.  He decided that he wanted to do this because so that when they are gone it will be deeded to the Lahee Clinic Foundation and would not like to have the property developed.  The money they receive from this would be given to a charitable remainder trust with the Lahee Clinic being the beneficiary. 

Mrs. Morrison added that the neighbors are pleased to see the farm preserved. There are no dwellings on the farm.

Any correspondence received supports establishing a district.  There were no comments from the audience.

            After some discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending approval of  Mr. and Mrs. Morrison’s request to place their 208.8 acre farm, located on Huntingfield Road, in an Agricultural Land Preservation District, based on the following finding:

• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The farm consists of 164.2 acres of cropland, 21.4 acres of woodland and 16.2 acres of wetlands and a pond.
• Approximately 78.7 of the soils are considered Class II or III.
• The property is outside the Ten-Year Water and Sewer Plan
• The Agricultural Preservation Advisory Board recommends approval.

The motion was seconded and the vote unanimous.

           

Anne R.H. Hastie, et als – Agricultural Land Preservation District – Anne Hastie and her siblings wish to create an Agricultural Land Preservation District on their 220 acre farm located on Chesterville-Locust Grove Road in the Second Election District. The farm consists of 182 acres of cropland and 35 acres of woodland. Approximately 82.6% of the soils are considered Class II or III and 13.4% are considered woodland group 2. There is one dwelling on the property. The farm is zoned “AZD”, and is outside the 10-Year Water and Sewer Plan.

            Eric Jacobsen was present and sworn in with staff by Chairman Morris.

            The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets for the criteria for reviewing proposed districts.  Ms. Martin noted this property meets or exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

Chairman Morris invited Mr. Jacobsen to speak. Mr. Jacobsen advised he is a cousin to the owners.  The family members want to preserve this agricultural land.  He has seen the over-development and thinks it is ridiculous and wants to help to preserve the agricultural land for future generations.

Any correspondence received supports establishing a district.  There were no comments from the audience.

            Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending approval of  Anne Hastie’s request to place their 220 acre farm, located on Chesterville-Locust Grove Road in the Second Election District., in an Agricultural Land Preservation District, finding:

• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The farm consists of 182 acres of cropland and 35 acres of woodland.
• Approximately 82.6% of the soils are considered Class II or III, and 13.4% are considered woodland group 2.
• The property is outside the Ten-Year Water and Sewer Plan
• The Agricultural Preservation Advisory Board recommends approval.

The motion was seconded and the vote unanimous.

 

Fairfield One, LLC - Agricultural Land Preservation District - Eric and Geoff Jacobsen of Fairfield One, LLC, wish to create an Agricultural Land Preservation District on their 203 acre farm located on Chesterville-Locust Grove Road and Augustine Herman Highway, Second Election District.  The farm consists entirely of cropland and 100% of the soils are considered Class II or III.  There are no dwellings on the property.  The farm is zoned “AZD” and is outside the 10-Year Water and Sewer Plan.

Eric and Geoff Jacobsen were present.  Eric Jacobsen was sworn in with staff.  Mrs. Langenfelder advised she is an adjoining property owner, but in no way would that influence her review and vote on this proposal.

Ms. Martin noted this farm is a part of a block of over 4800 acres of proposed districts, districts and easements that extend from Turner’s Creek to Kennedyville.  The property is located within the Agricultural Priority Area and is along the Chesapeake Country National Scenic Byway.

Ms. Martin reviewed applicable law found in Code of Public Laws of Kent County which establishes a program of Agricultural Land Preservation.  This property meets or exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.  Staff recommended approval.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Mr. Jacobsen said he had nothing additional to add to staff’s report.

Any correspondence received supports establishing a district.  There were no comments from the audience.

            Mr. Lancaster made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the Fairfield One LLC, request to place their 203 acre farm, located on Chesterville-Locust Grove Road in the Second Election District., in an Agricultural Land Preservation District, finding:

• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The farm is part of a block of over 4800 acres of districts and easements in that area
• The farm consists entirely of cropland and 100% of the soils are considered Class II or III.
• The property is outside the Ten-Year Water and Sewer Plan
• The Agricultural Preservation Advisory Board recommends approval.

The motion was seconded and the vote unanimous.

 

            #06-40  Alberta Lindauer – Major Subdivision (1 lot) – Final Plat.  - Alberta Lindauer wishes to create a 21.0 acre parcel from her 74 acre parcel on Worton Road (Route 297) in the Third Election District.  The property is zoned “I” Industrial and is across Route 297 from industrial and business uses including CFF and the proposed county business park, otherwise the property is surrounded by farmland.

            As an adjoining property owner, Chairman Morris excused herself from review of this subdivision proposal.  Mr. Hickman said he owns a farm adjoining the Lindauer property but did not feel it would affect his review or recommendation.

            Mrs. Lindauer was present and sworn in with staff by Vice-Chairman Sutton.

            Mrs. Owings reviewed the staff report noting applicable law and relevant issues.  Staff recommended approval contingent upon approval of the sediment and stormwater management plans.   Since this lot is for family, the Intra-Family Transfer Declaration of Intent may be completed and a forest conservation plan will not be required.

            After a brief review and discussion, Ms. Brown made a motion to grant final plat approval for the Alberta Lindauer Subdivision, to create one 2.0 acre parcel from her 74 acre parcel on Worton Road, contingent upon approval of sediment and stormwater management and stormwater management plans.  The Board found this proposal to be consistent with the requirements of the Land Use Ordinance, and is consistent with the goals of the Comprehensive Plan. 

The motion was seconded and the vote unanimous.

 

#05-108  Rumit H. Dusia – Concept Site Plan -  Mr. Dusia is requesting concept review for a proposed 2400 square foot convenience store with a four-pump two-island fuel facility on his property at the intersection of Routes 20 and 21 (previously the site of Dierker’s Store/Caulks Field Café.)    The 1.508 acre parcel is zoned “CC” Crossroads Commercial. 

             Rumit Dusia, Kevin Shearon and Ken Parcher were sworn in with staff by Chairman Morris.

            Mrs. Owings addressed relevant issues and applicable law found in Article V, Section 10 of the Land Use Ordinance.

            Mr. Shearon stated that the existing building has fallen into disrepair.  Mr. Dusia looked at several different layouts to keep and renovate the existing building and add another building to serve as a convenience store.  The only way to do that was to flip the site and have the canopy out front.  By tearing the building down the building will be in the front and the fuel islands in the rear.  They feel strongly that the two entrances to the site promote safety not only for vehicle but for fuel drop off and deliveries to the store.  The proposal would reduce the impervious surface. 

            Neal Brenner was sworn in by Chairman Morris. 

            Mr. Brenner described the concept of the building; it is to emulate a canning or crab factory, giving it an old look. 

            Mr. Shearon said they have added the bike rake and the pedestrian easement along the front of the property.

            Mark Conner, Manager of Chesapeake Farm, is concerned about the traffic flow for this property.  He feels that one entrance on Route 21 would be safer.  He would like to see the gas pumps as unobtrusive as possible.  He asked exactly what is going to be in the convenience store, will they sell beer?  Mr. Shearon said that Mr. Dusia owns the store in Galena and it would be like that one.  Pending approval he would like to sell beer and wine but no liquor. 

            After a brief review and discussion, Ms. Brown made a motion to grant final plat approval for the Alberta Lindauer Subdivision, to create one 2.0 acre parcel from her 74 acre parcel on Worton Road, contingent upon approval of sediment and stormwater management and stormwater management plans.  The Board found this proposal to be consistent with the requirements of the Land Use Ordinance, and is consistent with the goals of the Comprehensive Plan. 

 

#06-48 Edwin Fry – Special Exception (Gravel Pit) – Edwin Fry of Fair Hill Farms, Inc. is requesting an extension of his special exception approval to operate an approximate 8 acre sand and gravel pit located in the northwestern corner of his 404 acre farm located on Augustine Herman Highway (Route 213), in the Third Election District.

            Mr. Fry was present and sworn in by Chairman Morris.

            Mrs. Owings reviewed the staff report noting applicable law and relevant issues. 

            Mr. Fry said he is asking for a renewal of the permit, which he does every five years. 

            After a brief review and discussion, a motion was made to send a favorable recommendation to the Board of Appeals, finding that it is an eight acre standing gravel pit located in northwestern corner of his approximate 404 acre farm located on Route 213.  The parcel is zoned ADD and surrounded by farmland.  The gravel pit does not require any buffer because it is not able to be seen from the road.  The gravel pit has been up and running since 1989 and there have been no adverse comments about it in the record.  The proposal is consistent with the intent of the Comprehensive Plan.  The number of trucks expected to use the lane is not expected to increase. No material will be brought from off site for process or mixing and the operation will not affect non-tidal wetlands.  The gravel pit will not be enlarged above the current eight acres.  This in contingent upon the gravel pit continuing in the strict compliance of the sediment control plan.  There is a current mining permit and recommendation from the Maryland Department of the Environment.

The motion was seconded and the vote unanimous.

 

            #06-46 David A. Bramble / Marie L. Orem – Special Exception (Gravel Pit) -

   Route 298, Sixth Election District

Ms. Martin reviewed the staff report noting applicable law and relevant issues. 

Mr. Bramble was present and sworn in by Chairman Morris.

Mr. Bramble said he would like to renew his permit.  The pit is used approximately three months per year, approximately 10,000 tons of material.  He would like to use it for projects in this area for the next ten to twenty years.  There is about 10 acres left.   

After review and discussion, Ms. Brown made a motion to grant an extension of a special exception to operate an existing 19.66 acre sand and gravel pit on the 153 acre farm owned by Marie Orem.  The Board finds this request to be consistent with the Comprehensive Plan and the Land Use Ordinance. Dredge material from the maintenance dredging of the Rock Hall Harbor Channel will be part of the reclamation plan.  Conditions applied to this application include the following:

• The sand and gravel operation is not further enlarged;
• The operation is under an approved operating and restoration plan from the Surface Mining Division of the Water Resources Administration, Department of the Environment; and
• The sediment control and reclamation plans are strictly followed.

The motion was seconded and the vote unanimous.

 

#06-42 David A. Bramble, Inc. – Variance (office & mechanical shop) -

  Morgnec Road, Fourth Election District

Mrs. Owings reviewed the staff report noting applicable law and relevant issues.

Peter Bourne was present and sworn in by Chairman Morris.

Mr. Bourne said that his company has decided they need to expand their current office building because they currently have 16 or 17 office employees and the company files.  When Mr. Bramble first had this building built he did not anticipate his company growing this much.  After review of the property and the use, they feel the best place to put the addition would be in the front towards the road forty feet.  They also feel this could be an opportunity to put the parking in the back.  This property has been a safe entrance and exit and they do not want to change that. 

After review and discussion a motion was made to send a favorable recommendation to the Board of Appeals on behalf of David A. Bramble who is requesting a variance of the front yard setback.  To construct an addition onto the front of the existing office building that will be 35 feet from the front property line.  As a finding of fact there is practicable difficulty because the structure of the office building does not allow them to build up, the wings cannot be built back or away front the yard because it would interfere with the entrances to the garage, there are also utilities on the sides that prohibit building in that area and the entrances do not allow to build there.   In building closer to the road there is a finding that they will move their parking to the side and rear of the building.  Landscaping will be done to create a more pleasing view.  The practicable difficulty is caused by the conditions of the property and the development of the property.  The variance will not cause a substantial detriment to the adjacent or adjoining properties, it will not change the character of the neighborhood or district, it is consistent with the Comprehensive Plan that allows for the enlargement of an existing business.  They will need a front yard variance of 65 feet.  The granting of the variance will not affect water quality and may well help the water quality because of proposed landscaping. 

The motion was seconded and the vote unanimous.

 

#06-57 Pauper’s Promise LLC – Special Exception (Country Inn) - Eren Rose and Linda Learman of Pauper’s Promise LLC, is requesting a special exception to operate a country inn in an existing structure. The proposed River House Inn consists of four bedrooms, three baths, a family room, kitchen, living room and outdoor deck and patio.  The 3.5 acre property is located on Learman Road, Seventh Election District.  The property is zoned “RCD” Resource Conservation District.

            Eren Rose and Linda Learman were present and sworn in with staff.

Ms. Moredock reviewed the staff report noting applicable law and relevant issues.  Staff recommended approval.

Correspondence was read.

Ms. Learman stated she had provided a narrative in advance.  She said they are not going to change the structure, changes will be cosmetic only.  The number of people that would stay would be approximately 10 at one time, the use in general will be much different that it has been. 

            Following review and discussion, Mr. Hickman made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of a special exception to allow Eren Rose and Linda Learman of Pauper’s Promise, LLC to operation a country inn in an existing structure.  This recommendation is based on the following:

• The structure existed prior to August 1, 1989.
• The number of rooming units provided on the site is limited to fifteen excluding resident management quarters. The proposed River House Inn consists of four bedrooms, three bathrooms, a family room, kitchen, living room, and outdoor deck and patio. The owners reside in a dwelling on the neighboring parcel.
• No dining facility shall be permitted in the RCD District. A continental breakfast will be provided.
• The site has access to a public road. This access is capable of supporting the passage of emergency vehicles.
• There is sufficient acreage for the proposed use and activities.
• No exterior changes to the site structure are proposed. Extension or enlargement of the structure may not exceed 50% of the gross floor area of each individual building above that which existed as of August 1, 1989.
• Adequate landscaping appears to exist onsite. Tree removal as a result of parking overflow should be minimized.

Mr. Hickman also noted that, as discussed by the Planning Commission, rooms must be rented at rates specified per room for definite periods of time. The proposed River House Inn must be advertised as a Country Inn and registered with the Kent County Tourism Board.

The motion was seconded and the vote unanimous.

 

STAFF REPORTS

Amy Moredock – A meeting was held regarding the Fairlee Master Plan, there will be another meeting in July with the location to be determined.  The meeting was very well attended. 

Gail Owings – Worton and Butler had their final public meeting.  The consultants did a good job with working with us.  There may be a firestorm coming from the recommendations of change.  Mrs. Owings advised the board they would be getting a Land Preservation Recreation Plan which is a combination of environmental section Plan, the Ag Preservation and Recreation needs of the Comp Plan.  It is a requirement of the state that it be completed by July 1.  It is from the Maryland Department of Natural Resources and is require to get the money from Program Open Space.  They should be mailed out next week.  Mrs. Owens informed the group that she had attended the Reality Check.  Mrs. Owings informed the Board that Housing will become a part of Planning and Zoning as of July 1^.

             There being no further business, Chairman Morris adjourned the meeting at 5:15 p.m.

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 Elizabeth H. Morris, Chairman        

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Elizabeth E. Carroll, Secretary