KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, November 4, 2004, 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; Rev. Rubin Freeman; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

 MINUTES - The Minutes of the October 7, 2004 meeting were approved after making several corrections.

 APPLICATIONS FOR REVIEW

 Quiet Acres Farm, Inc. / John & Charlotte Loller - Agricultural Land Preservation  - John and Charlotte Loller are requesting approval to establish an Agricultural Land Preservation District for their 269 acre farm located on Rock Hall-Tolchester Road (Route 445), in the Fifth Election District.  The farm consists of 185 acres of cropland, 74 acres of woodland, and several ponds.  Approximately 65.5% of the soils are considered Class II or III.  There are no dwellings or improvements on the property.  The farm is zoning AAZD@, and is outside the 10-Year Water and Sewer Plan.

 Charlotte Loller was present and sworn in with staff by Chairman Morris.

 The Agricultural Preservation Board reviewed this request and recommend the establishment of a district.

 Ms. Martin reviewed the staff report noting applicable law.  The property exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land, therefore staff recommended approval.

 There was no correspondence regarding this application.  There was no comments from the audience.

 Chairman Morris invited Mrs. Loller to speak.  Mrs. Loller informed the Board that she and her husband want to preserve farmland and establish an Agricultural Land Preservation District.  They own several other farms.  Although her son manages this farm, he does not live on this farm.  They do not plan for any children=s lots, however they may build their own home on the farm in the future.

 After some discussion, Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners, recommending they approve the establishment of an Agricultural Land Preservation District for John and Charlotte Loller on their 269 acre farm located on Tolchester Road, based on the following findings:

 S                     The property exceeds the criteria for creating an Agricultural Land Preservation District, and

S                     The proposal complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.

S                     There are no other districts in this area.

 The motion was seconded and the vote unanimous.

 #04-57 John Dierker/Shawn McKinney - Major Subdivision, Final Plat  (1 lot)  - Shawn McKinney is requesting final approval for a major subdivision creating a 3.002 acre lot from the 338 acre farm owned by John and Geraldine Dierker.  The property is located on Fairlee Road (Rt 20), in the Sixth Election District.

 John Dierker was present and sworn in with his surveyor Michael Scott and staff.

 Ms. Martin reviewed the staff report noting four previous subdivisions have occurred on this property.  She also reviewed applicable law found in Article V, Section 1.5 of the Land Use Ordinance.  The proposed lot meets the minimum requirements.  The formal sediment control plan has been approved with a few minor technical corrections, however the forest conservation plan and deed restrictions have not.

 Mr. Scott advised the stormwater management plan has been reviewed and approved by John Kling.  There will be minimal cutting of trees for the home site. 

 No correspondence has been received with regards to the subdivision.  There were no public comments.

 Following review and discussion, Ms. Brown made a motion to grant final subdivision approval for the creation of one 3.002 acre parcel from the Dierker farm, located on Fairlee Road.  The Planning Commission findings were:

S                     The proposal meets all lot minimum requirements.

S                     Final approval is contingent upon the approval of the Forest Conservation Plan and the deed restrictions and the Sediment Control Plan.

 The motion was seconded and the vote unanimous.

 # 03-113 Montabello Hills II / Douglas O=Dell - Major Subdivision - Final Plat  - Douglas and Judith O=Dell are requesting final approval for 19 lots which are Phase II of the Montabello Hills subdivision.  The property is located on the west side of Coopers Lane in the Third Election District and is surrounded by farmland, woodland and single family homes.  The 97.225 acre parcel is zoned ARR@.

 Patricia Langenfelder excused herself from view of this subdivision application.

 Mr. O=Dell was present with his surveyor Michael A. Scott, and was sworn in with staff.

 Ms. Martin reviewed the staff report noting applicable law and relevant issues.  All requirements have been met and letters-of-credit submitted to the County Commissioners. Staff recommended approval contingent upon approval of the deed restrictions.  Attorney Mowell advised he has reviewed the deed restrictions and they are fine.

 Mr. O=Dell noted all requirements have been met.  He reviewed the changes from the preliminary review.  He feels it may be too late in the season to begin work now and will probably wait until spring to disturb the soil.  Covenants and restrictions are just about the same as for the first section of Montabello Hills, but the planted buffer area is included for lots adjacent to Coopers Lane.

 Mr. Scott noted the area is too large for bio-retention and stormwater ponds have been provided.  Mr. O=Dell said he would prefer bio-retention but after reviewing calculations with Soil Conservation it was determined that ponds would be best.  Discussion followed.

 There was no correspondence and no comments from the public in attendance.

 After additional discussion, Ms. Brown made a motion to grant final subdivision approval for the Montabello Hills II Major Subdivision for nineteen lots, located on the west side of Coopers Lane in the Third Election District.  The Planning Commission made the following findings:

S                     The deed restrictions have been approved by Attorney Mowell

S                     A landscape buffer has been provided along Coopers Lane

S                     Required Open Space has been provided

S                     Letters-of-Credit have been submitted

S                     The subdivision is in compliance with the Comprehensive Plan and meets the standards set forth in the Land Use Ordinance

 The motion was seconded and the vote unanimous.

 #04-120 Raymond & Melissa Jordan - Special Exception  - The Jordans wish to operate a general construction business from their home on Edesville Road, in the Fifth  Election District.  The 7.8 acre parcel is zoned AAZD@.

 Mr. Hickman excused himself from review of this application.

 Missy Jordan and Raymond Jordan were present and sworn in by Chairman Morris.  Also in attendance was the Jordan=s attorney James Malaro, Centreville, Maryland.

 Ms. Martin reviewed the staff report advising the Jordans have a new office and several old farm sheds for their businesses on their property, specifically Jordan Custom Builders and Chester River Marine Construction.  They currently have six employees but expect to have as many as eight. 

 Ms. Martin reviewed applicable law and relevant issues, specifically reading the regulations for a Acottage industry@.  The proposal meets the criteria of the Land Use Ordinance and is consistent with the Comprehensive Plan.  Staff recommended approval.

 Correspondence has been received regarding this project.  A letter was received from Francis J. Hickman, farm manager for Farm and Industrie Maschinen.  They do not feel this proposal is consistent with the nature of the surrounding farmland.  The business will have a negative impact on wildlife and does not appear to be the most appropriate use of the land.  Should a special exception be granted, they are concerned about enforcement of the provision. They recommend this application be denied.

 A letter was received from Thompson A. Maher, representing, Piney Neck Partners LLC and Island Creek Enterprises, expressing their objection to the proposed special exception.  They do not feel the requested use is  consistent with the AZD zoning definition and is not in keeping with the character of the neighborhood. 

 E. L. Denning, a resident on Edesville Road, expressed his objection to the proposed special exception.  This property was just purchased by the Jordans.  They are in the building business and are aware of the zoning regulations.  The business should be operated in a commercial district.

 James and JoAnne Wright, who live across the road from the Jordan property, sent a letter advising they have no objection to the  businesses on the Jordan property.  The Jordans keep their property very neat and it is quiet. They do not feel this will negatively affect their property.

 Chairman Morris invited the applicants to speak.  Mr. Jordan said they were not aware there was so much objection  to their business.  They are not financially capable of purchasing commercial property at this time.  This is the same size business they operated on Langford Road, but on a small parcel.  They checked with Planning and Zoning and were aware a cottage industry would be allowed.  Mr. Jordan feels they are improving the site with a stoned driveway and addressing an erosion problem.  Business traffic would include: 10,000 pound pick-up trucks; and deliveries by UPS.  Traffic

 The Jordans reviewed their proposal and site plan with the Planning Commission.  Discussion ensued regarding the businesses.

 Following review, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the special exception for a cottage industry for Raymond and Melissa Jordan at their Edesville property, conditioned upon:

 -           Hours of operation are limited to 6:00 AM to 8:00 PM

-           Outdoor storage is limited to 1200 square feet and the area must be clearly delineated and shown on the site plan

-           The approval for the cottage industry on Broadneck Road will cease.

 The Planning Commission=s decision is based on the following:

 -           The Comprehensive Plan encourages the development of home-based business and cottage industries.

-           The use will not cause a detriment to neighboring properties or impact on fish, wildlife and plant habitat.

-           The proposal complies with the standards set forth in the Land Use Ordinance.

-           Churches and other public places are not located in the vicinity.

 Chairman Morris called for a vote.  The motion carried by a unanimous vote.

 STAFF REPORTS

Amy G. Moredock, Environmental Planner  - Ms. Moredock reported the Hazard Mitigation Plan has been submitted to the State for their final review. 

 The Sassafras River Association continues to meet.  They met last night and are planning a meeting for April 2005 to open membership for the entire watershed.

 Chairman Morris noted that Carla A. Martin and some planners from other counties were recognized for their work on the Rural Legacy Plan.  Two Kent County Board members were recognized last year.  The Chairman congratulated Ms. Martin for all the work she had done.

 Gail Webb Owings, Planning Director  - Mrs. Owings distributed correspondence from the Board of Appeals with their decisions regarding projects forwarded to them by the Planning Office.

 Mrs. Owings noted two upcoming meetings of interest to the Planning Commission and encouraged the board members to attend, specifically:

 C                     The Nature Conservancy will be holding a community workshop on Monday, November 15 at the Millington Elementary School, and on Tuesday, November 16 at the Blackbird Community Center, to discuss preservation issues for the Blackbird-Millington Corridor.

C                     Maryland Citizen Planners workshop in Chestertown, November 29, APaying For Development - What=s New?@  The workshop will be held in the County Commissioners Hearing Room.

 Mrs. Owings noted it was time to schedule meetings with the incorporated towns as the Board and Staff work on the Comprehensive Plan.  After some discussion, it was decided who would attend the towns, as follows:

Chestertown Plan. Commission - All County Planning Commission members

Betterton - Marcy Brown and Elizabeth Morris

Galena - Jay Lancaster and Pat Langenfelder

Rock Hall - Rev. Freeman and Joe Hickman

Millington - Bill Sutton and Elizabeth Morris

 Staff will contact towns to schedule dates.

 Mrs. Owings commented on the meeting format for the public meeting.  It was decided to hold the meeting on Wednesday, December 1, 2004, at Casey Forum, Washington College.  The Board decided to open with a brief overview and then break up into discussion groups rotating from one group to the other.  Notice will be sent to those individuals who attended the previous meeting along with notice in the Kent News, WCTR, and county website.

 Staff is gathering together material that will be sent to board members for the next meeting.  Material will include sections: Economy, Countryside, and Environment.  Board members should call staff with their comments.

 There being no further business, Chairman Morris adjourned the meeting at 3:45 PM.

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Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary