KENT COUNTY, MARYLAND
PLANNING AND ZONING

M I N U T E S

            The Kent County Planning Commission met in regular session on Thursday, October 4, 2007, in the County Commissioner’s 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; F. Joseph Hickman; Marcy Brown; Jay Lancaster; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner and Kim Dixon, Secretary.

             Chairman Morris called the meeting to order at 1:34 p.m. and explained the procedure of the meeting.

 MINUTES – The minutes of the August 2, 2007 and the September 6, 2007 meetings were approved as written.

 APPLICATIONS FOR REVIEW

 Zoning Text Amendment, Village District / Village Master Plan – Ms. Owings reviewed the staff report noting the need to amend the Land Use Ordinance to add language to implement the Master Plans and to clarify that accessory dwelling units are permitted in the Village District.  The followings amendments are proposed:

 Amend Section 7.2 Permitted Principal uses and Structures

A.       Kent County has developed Master Plans for certain designated villages and town growth areas.  These Master plans set forth certain restrictions on the location and types of uses and structures permitted in these Villages.  Any proposed uses and structures in these villages must be consistent with the Village Master Plan.

B.         A building or structure shall be used only for the following purposes and only when consistent with the Master Plan for the specific village area.

Add to 7.2 B. 3, 4, 5, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, and 19 after site plan review and only if consistent with the Village Master Plan

 Amend Section 7.5 DENSITY, HEIGHT, WIDTH, AND YARD REQUIREMENTS by adding footnote #3 to the title

3.         Density, height, width, and yard requirements in villages with adopted Village Master Plans will be determined by the applicable Village Master Plan.

Amend Section 7.6.5 Village General Standards – Open Space by repealing 7.6.5 and replacing the section with the following:

A.         Minor Subdivisions - At a minimum, open space, playgrounds, or other recreational areas shall be set aside at a rate of 1/10 acre per dwelling unit.  If the land is not of significant quality and size for the purpose of providing or developing parks and recreational facilities, the Planning Commission, or where applicable the Planning Director, may permit a developer to pay a fee of $250.00 for each lot or each dwelling unit in lieu of providing land for recreational purposes.  Recreational land required in a subdivision shall be located so as to be reasonably accessible from all lots in the subdivision in accordance with the following:

a.                  Steep slopes, streams, lakes, watercourses, and floodplains may constitute up to 40% of the recreational land.

b.                  At least 60% of the recreational land shall be suitable for dry ground recreational use.

B          Major subdivisions shall provide open space as required in the Village Master Plan or, where not clearly addressed, at a minimum, open space, playgrounds, or other recreational areas shall be set aside at a rate of 1/10 acre per dwelling unit.  If the land is not of significant quality and size for the purpose of providing or developing parks and recreational facilities, the Planning Commission, or where applicable the Planning Director, may permit a developer to pay a fee negotiated with the Planning Commission for each lot or each dwelling unit in lieu of providing land for recreational purposes.  Recreational land required in a subdivision shall be located so as to be reasonably accessible from all lots in the subdivision in accordance with the following:

a.         Steep slopes, streams, lakes, watercourses, and floodplains may constitute up to 40% of the recreational land.

b.         At least 60% of the recreational land shall be suitable for dry ground recreational use.

Amend Section 7.8 – Village Design Standards by adding the following section

D.        The towns and villages of Kent County each have their own distinctive character.  Master Plans have been developed for certain designated villages.  These Master Plans are intended to guide future development while responding to the unique character of each community.  Each Master Plan includes design standards and guidelines for future development.  Any new development in these designated villages shall comply as nearly as possible to design principles outlined in the Master Plans and are encouraged to adhere to the specific design guidelines found in the appendixes of the plan.

Add 7.4.13 Accessory dwelling unit, one, in principal or accessory structures provided:

a.                  The property owner resides on the premises.

b.                  The accessory dwelling unit is subordinate to the principal dwelling in size and appearance.

c.                   The accessory dwelling unit may be rented but not sold as a separate unit.

d.                  The appearance of the structure and property remain that of a single family dwelling so that the average neighbor is unaware of the accessory dwelling unit’s existence.

e.                   If the entrance to the accessory dwelling unit is separate from that of the primary dwelling, the entrance to the accessory dwelling unit shall be from the side or rear yard.

f.                    One parking space is provided in the rear yard for the accessory dwelling unit.

g.                  The structure meets all applicable Kent County Codes, including the building code, and Health Department regulations.

            Ms. Owings reviewed the relevant issues and applicable law.  Staff recommends approval.  The proposed text amendments are consistent with the Comprehensive Plan.  These amendments do not apply to the Critical Area.  The Comprehensive Plan clearly sets forth a public need to develop and implement the Master Plans so that future growth complements and enhances the character of existing towns, villages, and hamlets.  The Plan also clearly identifies accessory dwelling units as a means to provide affordable rental units.

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

             After a discussion by the Board, Ms. Brown made a motion to send a favorable recommendation to the County Commissioners on the proposed text amendments.  The Board based its decision on the following findings of fact:

o        There is a public need because the Comprehensive Plan has directed that we develop Master Plans for each designated growth area.

o        There are currently three plans in the works.

o        Once the Plans have been adopted it is important that those plans have the ability to be implemented and that this is the implementing language for that to happen. 

o        It complies with the Comprehensive Plan.

o        The Comprehensive Plan directs this to be done and that this is the highest priority.

o        This Zoning Text Amendment allows for accessory apartments.

 The motion was seconded and approved unanimously.

Weston Associates – Major Subdivision Final Review – Richard Lankford and Lewis McDonald request final approval for a major subdivision of one 2.0 acre lot from their 204.26 acre farm located on Still Pond Road (MD 292) north of Still Pond in the Second Election District.  The property is zoned “AZD” Agricultural Zoning District.  The proposed lot will be located off a private road (the existing driveway).  The surrounding area is characterized by open fields and scattered houses. 

Present and duly sworn were; Rick Langford, Lewis McDonald, Michael A. Scott, Surveyor and Carla Martin, Community Planner.

Ms. Martin reviewed the staff report noting the relevant issues and applicable law which includes Article V, Section 1.5, 1.7 and 1.8; Article VI, Section 6.3.B15 of the Kent County Land Use Ordinance.  Staff recommends granting final approval.

There was no correspondence in this matter.

Mr. Scott presented the deed restrictions for the buffer management.  He stated that this is the last lot that can be subdivided from this property.

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

Mrs. Langenfelder made a motion to grant final approval citing:

o        It meets all County regulations.

o        The application is consistent with the Comprehensive Plan.

o        The proposal provides for convenience and safety for vehicular and pedestrian movement on this parcel.

o        There is adequate septic disposal.

o        The proposal minimizes any vegetation removal

o        The lot is integrated into existing landscape.

o        Deed restrictions have been approved.

o        Maryland Agricultural Land Preservation Foundation has approved the two acre lot.

The motion was seconded and approved unanimously. 

Ronald and Robin Fithian – Final Subdivision Plan – Ronald and Robin Fithian request final approval of a seventeen lot major subdivision of their 22.889 acre property on Anderson Avenue and Maryland Route 445 (Tolchester Road).  The property is zoned Community Residential and is served by public sewer and on-site wells. 

Present and duly sworn were: Ronald Fithian; Robin Fithian; Kevin Shearon, DMS and Associates; Harry Smith, Surveyor, and Gail Owings, Director of Planning, Housing and Zoning. 

Ms. Owings reviewed the staff report noting the applicable law and relevant issues including Article VI, Section 6.3B15; Article V, Section 6.7 environmental standards and forest conservation; and Article VI, Section 6 of the Kent County Land Use Ordinance.  Staff recommends approval contingent upon approval of the deed restrictions by the Planning Commission Attorney, final approval of all improvement plans and acceptance of performance sureties by the County Commissioners.

 There was no correspondence in this matter.

Mr. Smith stated that there have no significant changes to the plan since the Planning Commission reviewed it a preliminary review.  Mr. Shearon noted the applicants are using low impact stormwater management techniques.  Mr. Smith stated that there have been additional restrictions placed on the back of lots 6, 7 and 8 for a fifty foot forest retention area needed to meet stormwater management requirements.  He stated that the pedestrian walkway that was proposed to go across Mr. Eckenrode’s property will not immediately happen.  Mr. Eckenrode has refused to sign the agreement however may do so in the future.   

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

After a discussion, Ms. Brown made a motion to grant final approval citing the following findings of fact:

o        The project was designed to fit into the environment through minimal tree removal.

o        It is understood that Mr. Eckenrode will not sign an agreement for the walking path at this time.

o        The Town of Rock Hall has approved the sewer allocation.

o        The lot sizes are the same but widths vary.

o        Street trees are provided.

o        Lighting will be dark sky compatible.

o        There will be deed restrictions for lots 6, 7 and 8 stating the forested area must remain.

o        There will be a payment into the forest conservation fund.

o        Tree removal will be minimal.

o        The Rock Hall Fire Department has said the roads are adequate however the additional lots will strain their resources and asked if the applicant would consider a donation that would assist them.

o        This approval is contingent upon the approval of the deed restriction by the Planning Commission’s attorney.

 The motion was seconded and approved unanimously.

At this time the Planning Commission took a short break. 

Caulk’s Field LLC – Preliminary and Final Site Plan Review – Caulk’s Field LLC requests approval of the preliminary and final site plan review for a 1½ story, 4533 square foot, retail store and covered fuel island on its 1.17 acre property on Maryland Route 20 near Fairlee.  The property is zoned Crossroads Commercial. 

Present and duly sworn were: Edward Schaffer, Kevin Shearon, DMS and Associates, and Gail Owings, Director of Planning, Housing and Zoning. 

Ms. Owings reviewed the staff report noting relevant issues and applicable law as found in the Kent County Land Use Ordinance including Article V, Section 10.5, Article V, Section 10.7 Environmental Standards; Article V, Section 10.7B 3; forest conservation; Article V, Section 10.8B 2 parking design standards; Article VI, Section 1 parking standards; Article V, Section 10.8B landscaping requirements; Article V, Section 10.8B10 building mass, size and scale; and Article VI, Section 5 site plan procedure.  Staff noted that this is a project which due to the overall size of the building could qualify for administrative review but given the location and nature of development, review by the Planning Commission was appropriate.  Staff recommends approval of both preliminary and final site plan review contingent upon the following:

o        Approval of the sediment control and stormwater management plans.

o        Payment into the forest conservation fund in lieu of planting forest on site.

o        Acceptance of the letters of credit by the County Commissioners.

o        Clarification of lighting, signage and canopy design. 

There was no correspondence in this matter.

Mr. Shearon stated that they are requesting preliminary and final approval.  He said the bike easement has been removed from the plans.  He stated that the stormwater management plan has been approved.  He said that all letters of credit would be submitted shortly.  He showed a picture of what the proposed fuel island will look like.  He stated landscaping had been added in the front of the building.  He said the pole height will be fifteen feet and lighting will be dark sky compatible.  He stated the sewer has been approved by Wayne Morris, Director of Water and Wastewater.  Ms. Morris asked where the mechanical equipment will go.  Mr. Shearon stated that it will be on the roof top or in the back of the building.  Ms. Brown asked if both entrances would be two way.  Mr. Shearon said yes. 

Ms. Morris asked for audience comments.  Mr. O’Donnell asked if there will be a porch across the front of the building.  Mr. Shearon said there would be one on the front and side of the building. 

After a discussion Ms. Brown made a motion to grant preliminary and final approval citing:

o        It will be a 4,533 square foot store and a covered fuel island.

o        It is consistent with the Comprehensive Plan; it is in an existing business, and they are redeveloping the site.

o        It is consistent with the Land Use Ordinance.

o        The site is safe for vehicular and pedestrian traffic.

o        The proposal complies with parking and loading requirements.

o        The highway can handle the traffic generated by the site.

o        The applicant has received an Administrative Variance for front and side yard setbacks.

o        The applicant has designed the site to integrate into the existing community.

o        Lighting will be dark sky compatible and poles will be fifteen feet in height.

o        The structure was designed to fit into the rural nature of the area.

o        There will be no outside sales other than an ice machine.

o        Canopy for the fueling island will be as submitted to the Board.

o        One sign that is placed in the same location of the old sign will be constructed. 

The approval would be contingent upon:

o        Health Department approval.

o        State Highway approval.

o        Sediment and Stormwater Management approval.

o        Mechanicals to be placed to the rear of the building.

o        Letters of Credit must be accepted by the County Commissioners.

 The motion was seconded and approved unanimously. 

Mr. Lancaster made a motion for a favorable decision for two entrances finding:

o        Delivery trucks will be able to enter and exit the site more safely.

o        Cars traveling down the road will have a choice of which entrance to use.

o        The entrances are far enough apart to allow for circling of the building

o        It is safer to have two entrances due to the Speed on Route 20 is 50 miles per hour and there is a curve in the area

The motion was seconded and approved unanimously.

Worton Station, LLC & Barry Feaga – Preliminary Subdivision Plan – Continuation from August Meeting – Barry and Stacey Feaga have submitted for continued review the Worton Station mixed use project.  The development is proposed on an approximately 41-acre property owned by the applicants on Porters Grove road and Maryland Route 297 in Worton.  The property is zoned Village. 

Present and duly sworn were: Barry Feaga; Kevin Shearon, DMS and Associates, and Gail Owings, Director of Planning, Housing and Zoning. 

Mr. Hickman reclused himself from this application. 

Ms. Owings reviewed the staff report noting the relevant issues and applicable law as found in the Kent County Land Use Ordinance including Article V, Section 7.5 density, height, area and yard requirements; Article V, Section 7.6 open space and general requirements; Article V, Section 7.7 environmental standards; Article V, Section 7.8A and B general design standards; Article V, Section 7.8C1 site access, and Article VI, Section 6.3B15.  Staff recommends approval of the preliminary plan.  The plan is reflective of that reviewed favorably at the conceptual level.  The proposal to place garages in the rear yard is commendable and should be included in the deed restrictions.   

There was no correspondence in this matter.  However the Planning Office received two phone calls that questioned the traffic study and its accuracy and possibly moving the emergency entrance.   

Mr. Shearon stated that the phasing of the plan had been added to the plat.  Two lots will be fronted onto Porter’s Grove Road and the private road has been eliminated.  Building number six has been eliminated and the area returned to open space.  Mr. Shearon said a letter regarding the traffic impact study had been sent to the Planning Office.  Ms. Morris asked if the required 4.6 acres of open space was accounted for.  Mr. Shearon said no they are asking for an open space concentration waiver. 

Ms. Morris asked for audience comments.  Bill Crowding was duly sworn.  Mr. Crowding stated that he feels the emergency access road should be moved so that it is not directly across the road from the houses that are already there.  He would like to see the bike paths built first.  He said that Porter’s Grove Road has an existing drainage problem and would not want to see it made worse.  There were no other audience comments. 

Ms. Morris asked what the price range of the homes would be.  Mr. Feaga stated that they will be from $275,000 to $400,000. 

After a discussion Ms. Brown made a motion to grant preliminary subdivision approval finding:

o        There will be 91 lots for single family dwellings.

o        All lots, including the ones fronting on Porter’s Grove Road (lots 10 and 11), will be included in the deed restrictions.

o        There will be 9.9 acres of open space

o        Almost six acres of the open space will be in the residential section and approximately four acres will be in the commercial section.

o        Although the open space is not in a 4.6 acre block, the current design is more acceptable to have several smaller spaces.

o        There will be five public roads that will be deeded to the County.

o        The lot sizes will vary from 9,500 square feet to 14,775 square feet with 17 percent of the lots exceeding 10,000 square feet.

o        There will be a variety of house designs and sizes.

o        The will be impervious surface limits placed on each lot.

o        The fifty foot road coming off Route 297 is safer than coming off Porter’s Grove Road.

o        An emergency entrance to Porter’s Grove Road will be relocated to be opposite the right of way existing across the road.

o        A deed restriction for boats and campers will state they must be stored inside.

o        A deed restriction will state that garages must go in the back yard.

o        The pace of the project will be looked into at final.

o        Phasing 1, 2 and 3 are fine as shown.

o        Walking paths must be completed with each phase.

o        Single family dwellings are a permitted use.

o        The applicant will pay into the Forest Conservation Fund.

o        The deed restrictions will include the design criteria.

o        Roads standards to be worked out with the County Engineer and brought to final.

o        Trees need to be planted along rear of property and landscaping plan must be presented at final.

o        Fire Department will check the road size.

o        Lighting must be dark sky compatible.

o        Signs will be discussed at final.

o        Walking path in phase one will stop at the end of the residential area unless common area is done.

o        The State Highway has commented on the traffic study. 

The motion was seconded and approved with Ms. Brown voting against it. 

Ms. Owings reviewed the staff report pertaining to the conceptual commercial site plan noting the applicable law and relevant issues as found in Article V, Section 7 and Article VI, Sections 1 and 5 of the Kent County Land Use Ordinance.  Staff made the following comments:

o        Porter’s Grove Road is the technical front yard of the commercial parcel.  The proposed structures comply with the minimum yard requirements.  Commercial uses permitted in the Village District are limited to offices, dinner theatres and playhouses, financial institutions, restaurants without drive thru facilities, personal service establishments, public uses, neighborhood retail, antique shops and recreational uses.

o        The design of signs and structures should reflect the heritage and architectural style of Worton and should use varied massing to limit the appearance of bulk.  Placing the taller structures toward the middle of the property helps limit the visual impact of the commercial structures.

o        Sidewalks and walking paths are included throughout the commercial area.  Once a car is parked, safe pedestrian movement is provided. 

o        Provision is included for safe bicycle circulation.

o        Display areas are not addressed.  Sign locations should be addressed at the preliminary plan.

o        Access to the commercial site is from the public road to be constructed.

o        Parking is provided on the side facing away from Route 297 and with the exception of nine spaces away from Porter’s Grove Road.

o        Loading spaces are appropriately located.

o        The plan does not indicate locations for the trash boxes.

o        Adequate area is available for landscaping.

o        At least 10% of the parking lot is landscaped.

o        Screening may be needed around the trash boxes and along the areas where car lights may shine into properties across Porters Grove Road.

o        The variation of building height has the potential to serve as an orderly transition to the exiting buildings in the surrounding area.

o        Building elevations will be required at preliminary review.

o        The proposal is generally consistent with the Comprehensive Plan.

o        With the exception of the parking, the proposal appears to comply with the regulations found in the Ordinances.

o        The design is conducive to safe movement about the site.

o        Discussion of potential users is necessary to determine the impact of the project on infrastructure.

o        Preliminary review will address the adequacy of sewerage disposal as this is dependent upon the proposed upgrade of the Worton Treatment Plant.

o        Landscaping and screening will be needed to address the protection of neighboring properties from glare, etc.

o        The area of tree removal is minimized since no trees are on the site.

o        Building designs and landscaping plans need to be developed in a manner to integrate the development into the community.

 There was no correspondence in this matter. 

Mr. Shearon said he is looking for the Planning Commissions comments regarding the layout.  He said the buildings will look like they have two fronts.  Ms. Morris asked if the commercial area would be built all at one time.  Mr. Feaga said no it will be phased.  Mr. Shearon stated that the plan shows 149 parking spaces however the ordinance requires 175.  They feel that 149 spaces will be plenty.  Ms. Morris asked if the handicapped parking spaces were wide enough.  Mr. Shearon said yes. 

Ms. Morris asked for audience comments, there were none. 

After a discussion the Planning Commission made the following comments;

o        Lights must be dark sky compatible.

o        149 parking spaces are acceptable.

o        Signs will be addressed at preliminary.

Roland-Clayton Company, LLC – Sand and Gravel Pit Special Exception and Conceptual Site Plan – Roland-Clayton Company, LLC requests conceptual site plan review and approval of a special exception to operate an approximately 64 acre sand and gravel pit on its 221 acre farm off Walnut Tree #10 School Road near Massey.  The operation will include a washing operation and the sale of washed sand and common borrow. The property is zoned Agricultural Zoning District. 

Present and duly sworn were: Stephen Meehan, Attorney; Shawn Callahan, Lane Engineering, and Gail Owings, Director of Planning, Housing and Zoning;. 

Ms. Owings reviewed the staff report noting relevant issues and applicable law including Article VII, Section 2; Article VI, Section 7.52 and Article V, Section 5 of the Kent County Land Use Ordinance.  Staff recommends approval of the special exception with the following conditions:

o        Materials will not be brought from off site for mixing, processing, etc.

o        The final site plan should include project phasing so that reclamation may begin before the completion of the entire project.

o        All equipment and materials should be screened by landscaping and the berm.

o        Sediment control plans are approved by the Soil and Water Conservation district.

o        An area of landscaping may be appropriate along the area within view of the single family home.

o        All state permits are received.

There was no correspondence in this matter. 

            Mr. Callahan stated that this site is a ways off the road and next door to a farm that has a layer operation owned by ISE America.  The property is two hundred-twenty acres in size.  He said this is a sixty acre pit.  This is a small pit on a large parcel of land.  He said the road would be maintained to the County standards.  He showed what would be located where on the property and said this operation would be small compared to other operations in Kent County.  He said there would be approximately two employees for this operation.  

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

            After a discussion, Ms. Brown made a motion for a favorable recommendation to the Board of Appeals finding:

o        The area used will be reclaimed as a pond.

o        The surrounding land is agriculture.

o        The applicant will maintain #10 Walnut Tree School road.

o        Houses of worship or buildings for public gathering are more than two miles from the site.

o        This project conforms to the Comprehensive Plan.

o        This project conforms to the Land Use Ordinance.

o        There will be no materials brought from off site.

o        The equipment should be screened with a berm.

o        The Department of Natural Resources letter states there are no rare or threatened species on the site.

o        The sediment control plan has been approved

o        This project won’t impact wetlands.

o        No forest will be disturbed.

o        No threatened or endangered species will be disturbed.

o        Hours of operation will be 7:00 a.m. – 5:00 p.m. Monday through Friday and 8:00 a.m. – 12:00 p.m. on Saturdays.

o        There will be no over night parking of trucks on the site.

o        Traffic should be routed as to avoid the villages. 

The motion was seconded and approved unanimously.

The Board made the following comment on the concept site plan:

o        Consider the condition of the road.

o        Provide a map showing how the trucks will leave the property and what roads they will take.

o        This project conforms to the Comprehensive Plan.

o        Safety of vehicular and pedestrian traffic off site should be reviewed.

o        There are reasonable demands on infrastructure.

o        Does Mr. Wallace want a visual buffer between this site and his property?

o        There should be no trucks parked on the property over night.

Worton Creek Marina – Height Variance – John Patnovic, owner / operator of Worton Creek Marina requests a height variance to construct a boat repair shop at a proposed height of 47 feet.  The 16 acre property is located on Buck Neck Road in Chesapeake Landing in the Third Election District.  The property is zoned Marine and is located along the Worton Creek.    

Present and duly sworn were; Elizabeth Patnovic; John Patnovic, and Amy Moredock, Environmental Planner. 

Ms. Moredock reviewed the staff report noting relevant issues and applicable law including Article V, Section 13.5, and Article IX, Section 2.2 of the Kent County Land Use Ordinance. 

Staff recommends approval. 

Ms. Moredock read a letter received from Maryland Department of Environment. 

Mr. Patnovic stated he wants to be able to work on boats inside in the winter.  He will be working on forty foot high boats so he will require a forty seven foot high building.  He said his business needs to have a building this tall to make boat repairs to sustain his business.