KENT COUNTY, MARYLAND
PLANNING AND ZONING

            The Kent County Planning Commission met in regular session on Thursday, August 3, 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 S. Sutton; Patricia Langenfelder; Marcy Brown; Jay 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.  Rev. Freeman was absent due to surgery.

APPLICATIONS FOR REVIEW

#06-61 Petroleum Equipment, Inc. – Revised Concept Site Plan – The applicants request site plan review to add eight 35-foot tall petroleum storage tanks to their propane storage and distribution facility located on their 2.49 acre parcel on Morgnec Road (Route 291), in the Fourth Election District.  The parcel is zoned “I” Industrial and “CC” Crossroads Commercial.

            Present and sworn in by Chairman Morris were: Donald Steiner, Frank Williams and Kevin Shearon, along with staff.

            Ms. Martin advised this site was once part of the Chestertown Brick Company and has been used industrially for many years. In April 2002 the Board of Appeals granted a variance to allow the applicant to place three propane storage tanks 45 feet from a residential district and a gravel loading area 24 feet from a residential district.  Final site plan approval for the propane storage facility was granted in September 2002.

            Ms. Martin reviewed the staff report noting relevant issues and applicable law found in Article VI, Section 5 of the Land Use Ordinance which establishes review procedures for site plans. Ms. Martin also noted Technical Advisory Committee comments.

            Staff had a phone call from Jim Gillespie expressing his concern about the road and lack of a maintenance agreement.  Gillespie owns the roadway and Petroleum Equipment has a right-of-way over this road. 

            Mr. Shearon gave an overview of their proposal.  He pointed out that this facility will replace the operation on Route 213.  He noted they are currently working with the State Fire Marshall.  The Fire Code requires a 3-foot wall around the tank which would hold the volume of one tank should there be leakage, thus avoiding underground pollution.  They plan to extend an existing 6-foot chain-link fence.  Although there are two zonings on this property, all structures will be within the “I” Industrial Zone.  Fuels will include diesel, kerosene and heating oil.  They are considering relocating the stormwater area. 

            A question was raised about all the existing propane tanks sitting on the property.  Mr. Steiner showed the board where the tanks will now be stored agreeing they can be landscaped.  A portion of the property is already landscaped.  Previous approval required landscaping to buffer the Rhodes property and view from Route 291. Mr. Shearon said he would review the previous landscaping plan and will provide additional landscaping as required. 

            The applicants explained safety features and procedures to prevent contamination to the ground.

A question was raised about traffic flow. Mr. Williams noted truck traffic is expected to increase somewhat, however traffic will use Route 291 coming from Route 301.  Discussion ensued regarding the proposal.

            There were no comments from the audience.

            Summarizing their discussion, the Planning Commission pointed out Petroleum Equipment should address the following:

• Work with State Highway Administration regarding egress and ingress to Route 291.
• Lighting should be dark-sky compatible.
• Improve landscaping to screen facility from roadway and Rhodes property.  Landscaping will need to reach over30 ft in height at maturity.  Leyland Cypress is not recommended.
• Residential tanks need to be more organized.
• Need road maintenance agreement with Gillespie.
• Loading station needs to be shown on site plan.
• Resolve nontidal wetlands issue.
• Reinforce truck traffic to use Route 301 down Route 291.
• Need to address stormwater management calculations and sediment control.
• Trucks are only on site for reloading and no overnight truck parking is permitted.
• State Fire Marshall is reviewing plan.

#05-81 Knight’s Landing Section II, Phase VI – Concept Plat – Country Living LLC is requesting concept approval of Knight’s Landing II, Section II, Phase VI, which consists of eight lots and a tot lot.  The lots range in size from 9,750 to 11,715 square feet. Heather Lane will serve six of the proposed lots and an unnamed spur will serve the remaining two lots. This is a continuation of an existing subdivision which began in 1989.  The property is zoned “V” Village, and is located in the Third Election District.

            Mr. Hickman excused himself from review of this application because he manages property in the Worton planning area.

            Present on behalf of the applicant was Deborah Orr, David Stoltzfus and Jack Kirby. All were sworn in with staff by Chairman Morris.

            The Department of Water and Waste Water has advised staff that these lots received sewer and water allocations prior to the adoption of the moratorium and therefore can proceed with this eight lot subdivision.

            Mrs. Owings reviewed the staff report noting relevant issues and applicable law found in Article V, Section 7 of the Land Use Ordinance addressing environmental and design standards.  Mrs. Owings comments included the following:

• The lots should be renumbered to reduce future confusion.
• Where is the open space?  A tot lot should be developed with some playground equipment not just a space provided.
• Input expressed by property owners at the Worton-Butlertown Village Master Plan meetings is that open space must be provided in a subdivision.
• Additional access to the open space should be provided and the open space clearly delineated on the plat.
• The applicant should clarify the amount of open space / recreational land and design the open space to comply with the ordinance.
• Street trees will be required, the species revised and the size increased.
• Lot size and shape should be varied.
• Proposal complies with density and bulk requirements of the ordinance.
• Developer needs to meet with the community to discuss the project design.
• Comprehensive Plan encourages development in and around existing towns and villages. Worton is identified as a village serviced by public water and sewer, thereby a growth area.

No correspondence has been received from neighbors regarding this eight-lot proposal, nor were there any comments from the audience.

Jack Kirby, of Kirby & Associates, reviewed the concept plat for the proposed eight lots which have received allocation.  Roads are already constructed.  Sewer connections have been roughed in for the expansion.  Mr. Kirby feels stormwater management meets the needs for the lots proposed.  Applicants have contacted various companies for tot-lot equipment.  Sidewalk connections along Route 298 will be done once the issue of an easement across the lands of Solloway is resolved.  An open space plan will be provided at preliminary submittal.  The applicant plans to pay fee in lieu of for afforestation.

Mr. David Stoltzfus advised the average cost of the new homes is estimated at $150,000.  It is anticipated there is enough land for development of forty to fifty homes.  Cost of homes could be more if additional open space is required.  In response to staff’s comments about possible options for affordable housing, Mr. Kirby said he would discuss the issue with Mr. Stoltzfus if the Planning Commission so wished.

A discussion ensued about the stormwater management plan. 

During review, the Planning Commission pointed out issues that need to be addressed:

• Need to see a plan for the remaining 27-acres to see how it all fits together
• Renumber proposed lots
• Address sidewalk
• Need tot-lot shown on plat
• Additional open space should be considered.
• Stormwater management cannot be part of open space
• Address landscaping with larger size street trees
• Lighting should be dark-sky compatible and at human scale

Hearing comments from the Planning Commission, Mr. Kirby said they would be considered when submitting their preliminary plat.

#06-82 Millard Reed – Special Exception (gravel pit renewal) - Mr. Reed is requesting an extension of his special exception to allow him to continue the operation of an existing 2-acre sand and gravel pit on his 250-acre farm located on MD Route 297 in the Third Election District.  The property is zoned Agricultural Zoning District. 

            Mr. Reed was present and sworn in with staff by Chairman Morris.

            Ms. Martin reviewed the staff report noting this property was granted approval for a sand and gravel pit in 1990, 1993, 1998 and 2001.  The Board of Appeals on July 5, 2001, granted an extension of the conditional use provided the operation was not enlarged beyond its current size and continues to be in strict compliance with the sediment control plan, and that:

o        The conditional use shall be for a period not to exceed the statutory maximum for renewal;

o        No material may be brought from the site for processing, mixing or similar purposes;

o        The operation is under an approved operation and restoration plan from the Surface Mining Division of the Water Resources Administration, Department of the Environment, and

o        The sediment control and reclamation plans are strictly followed.

Ms. Martin noted applicable law found in Article VII, Section 7.52 which provides the criteria for granting a special exception. She noted the top soil which has been removed, which has created a berm that provides an adequate screen between the gravel pit and the Crestview Subdivision.  Ms. Martin recommended approval of the special exception contingent upon the sand and gravel operation not being enlarged and continuing in strict compliance with the sediment control plan.

No correspondence was received from adjoining property owners and there were no comments from the audience.

Mr. Reed was invited to comment on his application.  He noted he has a mining permit and reclamation plan from the Department of the Environment.  His sediment control plan has been updated. Mr. Reed said he will continue use of the gravel pit as he has in the past.

After a brief review, Mrs. Langenfelder made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of Mr. Reed’s special exception to allow him to continue the operation of his 2-acre sand and gravel pit.  The Planning Commission findings included the following:

o        This has been the site of a gravel pit since 1990;

o        There is an approved mining permit and reclamation plan on file with the Maryland Department of the Environment;

o        The sediment control plan is approved;

o        Hours of operation will continue to be limited from 7 am to 5 pm; and

o        The proposal is consistent with the intent of the Comprehensive Plan;

The motion was seconded and the vote unanimous.

            STAFF REPORTS

            Amy G Moredock, Environmental Planner – The Upper Chester River Watershed Restoration Action Strategy has been completed and submitted to the State of Maryland.

            On September 25, Ms. Moredock will be participating in the Rotary International Group Study Exchange Team and will be traveling to Ireland for a month, meeting with planners and environmental organizations sharing ideas.

            Carla A. Martin, Community Planner – Thirty-one people applied to sell MALPF easements for FY 2007.  Five of the applications have since received FY 2006 offers which they have accepted. 

            The Planning and Zoning website has been updated with the various applications for the office and can be downloaded and are hopefully more computer friendly.

            Gail W. Owings, Planning Director – The State held an information meeting on the application of sewage sludge to a farm on Bayshore Road and Fairlee Landing Road that would be near the community of Georgetown.  The meeting was well attended with citizens expressing their concerns.  The County Commissioners are writing to MDE opposing the proposal because of the quality of the soils on the site and its location. The Commissioners are asking MDE not to issue a permit until it goes through the local process. The Planning Commission discussed procedures with staff.

            Representatives from the community of Still Pond met with the County Commissioners requesting a moratorium on subdivision and the demolition of structures until completion and approval of the Still Pond Village Master Plan.  The County Commissioners requested staff to discuss this matter with the Planning Commission and prepare a recommendation that would include a two-year moratorium on subdivision and demolition of structures.

            Elizabeth Watson, Executive Director, Eastern Shore Heritage, Inc., talked to the Planning Commission about the preservation of structures, noting a way to establish a historic district would be by a “period of significance.”  Still Pond is special because of its late 19^th century character and she suggested the establishment of a “period of significance” moratorium on demolition of structures constructed prior to 1931. Attorney Mowell pointed out the legality of putting restrictions on property, advising the Planning Commission they should be very careful on any decision.  A discussion ensued.

            In an effort to define the boundaries of Still Pond, staff printed maps for review by the Planning Commission, showing ½ mile to a mile surrounding Still Pond.   

Ms. Brown made a motion that all applications for demolition of any structure within ½ mile of the intersection of Still Pond, including Parcel 246 must be approved by the Planning Commission  The motion was seconded and the vote unanimous.

            A moratorium on major subdivision for the Still Pond community was discussed. Staff noted Still Pond and Edesville are slated for village master plans for FY-2007.  Following review and discussion, Mrs. Langenfelder made a motion, to add to the Planning Commission Bylaws:

o        Any major subdivision, throughout Kent County, must have a Citizen Participation Plan, which includes a formal meeting with the community, before the Planning Commission will entertain concept review. 

The motion was seconded. While discussing the motion, it was noted:

o        The Comprehensive Plan emphasizes the need for this review.

o        This statement should be added to the Land Use Ordinance and a draft prepared for consideration at next month’s Planning Commission meeting.

o        This motion becomes affective as of 1:30 p.m., the beginning time of today’s meeting.

Chairman Morris called for the vote on the motion.  The vote was unanimous.

            Mrs. Owings informed the Board that the County Commissioners have requested the Planning Commission discuss a text amendment to the zoning ordinance requiring an applicant to demonstrate their project has adequate access to a primary road and that that access can handle the traffic generated by their development.  An amendment would allow the Planning Commission to consider the impact on the roads and the applicant provide surety that the roads in that particular area are capable of handing the traffic generated by the project.  Discussion followed.  Staff will prepare an amendment for consideration by the Planning Commission at their September 7 meeting.

            Kent County has received funding for Phase VI of the Housing Rehab Project for $300,000 plus for rehabilitation of houses.  Mrs. Owings explained the requirements for a loan.

            Village Master Plans – Consultants are in the process of preparing the Worton Master Plan.  Fairlee/Georgetown VMP is scheduled for their third meeting August 15 at Potters Ministries Church.  Another meeting will be scheduled in September for the Kennedyville plan.

            GENERAL DISCUSSION

            Ms. Brown noted she met with Jim Anderson and Tracy Stone before the County Commissioners to suggest a Bay Bridge Watch Group / Monitoring Group be established.  It was suggested that a member of the Planning staff be part of that group and records be established. It would only be a monitoring group to keep a watch as to what is going on and report back to the County Commissioners. 

            Mr. Hickman reported on the meeting held by the Cecil County Planning Commission.  The Kent County letter was presented.  The proposal was voted down 5-0.  The Cecil County Commissioners will consider the same proposal on August 14

            Mr. Sutton asked about the Board of Appeals decision on the Paupers Promise Country Inn application of Eren Rose. The special exception application was denied. One of the reasons for the denial was that the lane going back to the house was not adequate. It was also felt that the use was not compatible with the neighborhood.

            There being no further business, Chairman Morris adjourned the meeting at 4:20 p.m.

 

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Elizabeth H. Morris, Chairman

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Elizabeth Carroll, Secretary