KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, July 1, 2004, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth Morris, Chairman; Marcy Brown; Rev. Ruben Freeman; Patricia Langenfelder, Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

APPLICATIONS FOR REVIEW

#04-60 Gretchen Stroh - Variance (front yard) - Mrs. Stroh is requesting a variance to construct a 56 square foot deck and steps 6 feet from the front property line. The .24 acre parcel is located on Hillmont Drive in the Fifth Election District. The property is zoned "CAR" Critical Area Residential.

Mrs. Stroh was present and sworn in with staff by Chairman Morris.

Ms. Moredock informed the Planning Commission that Mrs. Stroh's dwelling was substantially damaged during Hurricane Isabel in 2003. The dwelling did not meet the side or front yard setback requirements at the time of the storm, but was permitted to be replaced in the same footprint at the proper elevation. A permit was issued to elevate the dwelling in compliance with floodplain requirements. In order to receive an occupancy permit for the elevated dwelling, safe egress must be provided to the front door to meet building code requirements, otherwise the front door must be blocked off from use.

Ms. Moredock reviewed applicable law found in Article V, Section 2 of the Land Use Ordinance. A variance of 44 feet is needed to construct the steps and deck. Article IX, Section 2.2 of the Ordinance sets forth the criteria for granting variances. Ms. Mordock recommended approval of the variance and that 6 inches of pea gravel be placed beneath the steps and deck.

Chairman Morris invited Mrs. Stroh to speak. Mrs. Stroh informed the Planning Commission that they have redesigned in order to minimize disturbance as much as possible. They are trying to recreate what was there before the flood. She reviewed the site plan with the Board. The Board expressed concern about the closeness of the steps and deck to the road. Mrs. Stroh noted the road is a private road.

There were no comments from the audience. Notices were sent to adjoining property owners but the office has had no response from neighbors.

After a lengthy discussion, Ms. Brown made a motion to forward an unfavorable recommendation to the Board of Appeals on the front yard setback variance for the steps citing:

Should the Board be so inclined to approve the variance, then 6 inches of pea gravel should be placed beneath the steps.

The motion was seconded and after some discussion Chairman Morris called for the vote. The motion carried by a 3-2 vote.

Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of a variance to allow construct of the proposed deck, provided:

This recommendation is based on the following findings:

The motion was seconded. The chairman called for the vote. The motion carried by an unanimous vote.

#04-67 The Worton Project, Lot 1 - Alger Oil, Inc. - Site Plan Review - KRM Development Corporation and Alger Oil, Inc. request preliminary site plan approval to construct a 4000 square foot office building with an attached 4000 square foot warehouse area and fuel and propane storage areas on their 3.417 acre parcel on Commerce Road near Worton in the Third Election District. Commerce Road, a public road, will serve as access to the site. The property is zoned Industrial.

Bruce Wright, engineer for the project, was present and sworn in with staff by the Chairman.

Mrs. Owings noted the history of this property. She reviewed applicable law found in Article V, Section 15 of the Land Use Ordinance which establishes criteria for development in the Industrial District. She further noted the property is served by the Worton public sewer and water systems.

Additional comments by staff included the following:

Staff recommended approval if conceptual landscaping and building elevations are submitted.

Chairman Morris invited Mr. Wright to speak on behalf of his clients. Mr. Wright reviewed the plans with the Planning Commission describing the proposed structures and their uses. Mr. Wright reviewed the site plan with the Board. Discussion ensued.

The Chairman asked for public comments. Mr. Bill Clark, plant manager for Vesicol Chemical noted they have no objections to the proposed project. Mr. Clark asked the maximum number of employees in the office and warehouse at any given time. He asked about the type of materials to be stored in the warehouse. Mr. Wright replied the number of employees on site would be eleven which includes five truck drivers on the road during the day; two in the warehouse; and the rest office staff. Storage will include HVAC equipment for heating and cooling and small supplies.

After review and discussion, Ms. Brown made a motion to grant preliminary site plan approval for a 4000 square foot office/warehouse building with fuel and propane sales and storage areas on the property owned by KRM Development Corporation on Commerce Drive in Worton, contingent on the following:

The Planning Commission took a five-minute break and upon returning began review on a proposed text amendment.

Zoning Text Amendment - Minimum Lot Size in the Village District - Carl Wright of Wright Land Development, LLC has submitted a text amendment to amend the Land Use Ordinance, specifically: Article V, Section 7.5:

The minimum lot size shall be reduced to 5,500 square feet when the applicant conducts a charrette. A charrette is defined as an intensive 2 or 3 day planning workshop in which residents, business owners civic leaders, county planners, officials, and/or other interested parties meet with the applicant and their design team of architects, planners and designers.

Developers Stuart Sirota of Baltimore, Maryland and Carl Wright of Swathmore, Pennsylvania were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed her staff report informing the Planning Commission of the procedure for amending the Land Use Ordinance. Mrs. Owings noted the County's Comprehensive Plan and that it encourages flexibility in the design of subdivisions in or adjacent to our towns and villages. The Planning Commission has previously said they would like the flexibility of altering development plans when a Village Master Plan has been completed for a village. A charrette pretty much does a majority of what would be involved in developing a village master plan. Mrs. Owings further noted the proposed amendment requires the Planning Commission to reduce lot size without providing assurances that an acceptable development reflects the character of the area will result. Staff, therefore recommended denial of the text amendment as presented.

Mrs. Owings read staff's recommended change to the proposed amendment to Article V, Section 7.5 Neighborhood Development, and the addition of Article V, Section 7.8C13 Traditional Neighborhood Development.

Mr. Sirota gave a power point presentation showing a traditional neighborhood development and their ideas to protect a town and keep growth from a suburban type development. He related the slide presentation to the proposed text amendment. A key to their development strategy is a document produced by the Maryland Department of Planning, "Design Characteristics of Maryland's Traditional Settlements."

Mr. Sirota further explained their ideas for development of a village.

The Planning Commission asked various questions of the applicants. Several members of the Planning Commission attended the charette. They felt that a development should not hinge on having a charette. The Board felt they could not support the text amendment as presented by Wright Land Development LLC.

After some discussion, the applicants asked that this amendment be tabled at this time. They will resubmit a revised text amendment for further consideration, however they asked for additional discussion of staff's suggestions. Discussion continued.

The audience was invited to comment. Mrs. Airlee Johnson feels the proposal is a great concept. With different builders and various plans, it may avoid a cookie cutter type development.

Ann Hoon asked what percentage of the Kennedyville area residents attended the charette. It was estimated that over the course of the three days 60 to 80 people attended.

Elizabeth Watson, speaking as a private citizen, encouraged this approach which is an effort to match Kennedyville. Find flexibility but at the same time protect property rights.

After some discussion, Mr. Sirota pointed out reasons for reducing lot size.

The Planning Commission discussed further the Village Master Plan concept. Chairman Morris advised the applicants that they may prepare a new amendment as may the Planning Commission. The Board encouraged the applicants to consider today's comments in preparing a new text amendment.

Stories of the Chesapeake Heritage Area - Elizabeth Watson was present and spoke to the Planning Commission explaining the purpose of this project.

"The plan will set the standard for saving the character of communities and sites in Caroline, Kent, Queen Anne's and Talbot Counties for generations to come. Its recommendations will help to direct decisions on public investment and future policies affecting natural, historic and cultural resources. For this plan, grassroots supporters have identified 160 heritage-related projects, from restoring historic structures to creating educational programs."

Today, Ms. Watson is requesting the support of the Planning Commission in the form of a resolution. Mrs. Owings explained the benefits of participating in the program.

Following some discussion, Rev. Freeman made a motion to support the Chesapeake Heritage Area Program by using the sample resolution for certification given to the Planning Commission, however the resolution should be written saying " the County may amend the Kent County Comprehensive Plan to adopt the portions of the Management Plan relevant to the Comprehensive Plan as a strategy to implement the Comprehensive Plan;" The motion was seconded and the vote unanimous.

Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending they accept and approve a "Resolution for Certification for the Stories fo the Chesapeake Area" and the establishment of a Certified Maryland Heritage Area. The motion was seconded and the vote unanimous.

Comprehensive Plan Review Committee Schedule - Mrs. Owings discussed with the Planning Commission a draft schedule prepared by staff and confirmed dates. The Board will begin its review process Tuesday, July 6, 2004 at 7:00 p.m, at which time they will discuss the "Overview of the Visioning Session." They will meet again on Tuesday, July 20. The Planning Commission agreed to accept written comments from the public for review and consideration.

The Board is considering reviewing the Comprehensive Plan by sections as follows:

There being no further business, Chairman Morris adjourned the meeting at 4:45 pm.

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Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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