KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, September 1, 2005, 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; Marcy Brown; J. Francis Hickman; Jay Lancaster; Rev. Ruben Freeman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; Elizabeth Carroll, Secretary.

MINUTES - The minutes of the August 4, 2005 meeting were approved as written. The minutes of the April 7, 2005 meeting were approved as written.

APPLICATIONS FOR REVIEW

#05-82 The Presbyterian Church of Chestertown - Concept Site Plan Review - The church wishes to expand its facility to provide a new sanctuary and educational wing. Additional parking is also included in their proposal. The property is located on Gateway Drive, north of Chestertown in the Fourth Election District, and is zoned "IV" Intense Village.

Phillip Rodgers of Lenhardt, Lolli and Rodgers Architects was present on behalf of his clients and sworn in with staff by Chairman Morris.

Ms. Martin noted the history of the property noting a fellowship hall and education wing was approved by the Planning Commission in November 1991. An administrative wing was approved in March 1992.

The church is proposing a 37 ft 6 inch setback from Route 213 for the sanctuary and a 16 ft setback from Gateway Drive for the educational wing. These setbacks will require changing the building restriction line that was established as part of the original Crestview subdivision. The Crestview Architectural Review Committee has reviewed and supports the concept plans and changes to the building restriction line.

Ms. Martin reviewed her staff report noting relevant issues and applicable law found in Article V, Section 8 of the Kent County Land Use Ordinance, specifically: general design standards and parking requirements; landscaping and forest conservation; environmental standards; and stormwater and sediment control.

No correspondence has been received in the office regarding this project.

Chairman Morris invited Mr. Rodgers to speak. Mr. Rodgers informed the Planning Commission that the new sanctuary will seat 350 people, and a 2400 sq ft addition is proposed to the educational wing. A small memorial garden is planned. The applicants have met with the State Fire Marshall who advised them the sanctuary must have a sprinkle system. They may need to dig another well, or try to work something out with the Town of Chestertown regarding public water connection for fire water service. The new construction will match the exterior of the existing structure. Construction is hoped to begin Summer of 2006. Davis, Moore, Shearon & Associates will be preparing the resubdivision plat for revision of the building restriction line. The Planning Commission reviewed the concept plan with Mr. Rodgers asking several questions regarding sidewalk, landscaping, handicap and regular parking.

Chairman Morris invited the people in the audience to comment on the church's proposal. Charles Sommers, resident on South Meadowview Drive, and developer of the Crestview Subdivision, noted the existing building is on the "BRL," building restriction line. The new proposal will encroach the BRL by approximately 32 feet from Gateway Drive. On Route 213 there will be a problem with the BRL also. Mr. Sommers had a copy of the site plan from 1991 along with the recorded deed restrictions. County zoning setback requirements have changed. Mr. Sommers supports the church expansion, but pointed out that there is a right to modify but it requires 75% of the entire tract (99 lot owners) to approve the change. He would like to see this resolved before the church goes further with their site plan. Mrs. Owings noted the applicants will need to get approval from the homeowners association, revise the setbacks on the subdivision plat, and the deed restrictions revised.

Susan Debnam advised church board members met with the officers of the Crestview Homeowners Association and held a public meeting. A letter is in the file from the Crestview Architectural Committee signed by two of the three members. She asked for clarification of number of signatures needed to change the restrictions. Attorney Mowell noted 75% of Tract V property owners must approve and sign the modified deed restrictions which need to be recorded.

Mr. Sommers pointed out that several years ago he went to the entire association for a modification which was turned down. He feels he has established the need for approval of the entire association. Attorney Mowell, as he reads the restrictions, only the property owners in the Tract involved would need to agree to a change.

In closing, Mr. Rodgers told the Planning Commission that they have tried to fit the building into the neighborhood being sensitive to the community as a gateway structure coming into the town and giving the church an identity on Route 213. He expanded on their proposal. Discussion ensued.

After review of the concept site plan for the Chestertown Presbyterian Church, the Planning Commission summarized their comments:

• Dark sky compatible lighting
• Address stormwater management
• Submit forest conservation plan
• Provide additional landscaping of parking lot and perimeter
• Indicate handicap parking spaces close to the entrance
• Add bicycle rack
• Combine two lots
• Provide sidewalk easement
• Explore possible need for another door providing emergency access
• Shadow footprints of adjacent buildings should be shown on plat
• Submit revised subdivision plat changing the building restriction lines as proposed

#05101 Applicants: Peter Evans & Barbara Ellis; Owner: Donald H. Wells Trust - Buffer Variance

The applicants are requesting a variance to place a septic system within the 100 foot Critical Area Buffer. Two septic tanks and a pipe are to be located within the buffer, while the drainage field will be located outside the buffer. The 2.176 acre parcel is located on Buck Neck Road, Chesapeake Landing, in the Sixth Election District. The property is zoned "M" Marine.

Ms. Ellis and Mr. Evans were present and sworn in with staff by Chairman Morris.

The existing dwelling was built in 1985 and is located within the 100 foot Critical Area Buffer. The existing system has been evaluated by the Kent County Health Department to repair a substandard system and to determine whether an expansion to the existing dwelling is viable. The owners intend to remodel and expand the dwelling by constructing a second story addition later this year. The current footprint of the dwelling including the deck is 2,420 square feet; and the proposed 2-story addition is 1,454 square feet. Surrounding comparable parcels contain dwellings of similar to larger footprints.

Ms. Moredock reviewed relevant issues and applicable law found in Article V, Section 13, and Article V, Section 2.7 of the Kent County Land Use Ordinance. Article IX, Section 2.2 of the Ordinance sets forth the criteria for granting a variance. Ms. Moredock recommended approval of the variance contingent upon: replacement system being nitrogen removal system, if appropriate for the site; mitigation of 3:1 for disturbance within the buffer; and if tree removal is necessary, the tree replacement should occur at a ratio of 3:1 square feet of the tree canopy within the buffer.

Correspondence was received from the Critical Areas Commission in which they state that if the Health Department determines the septic tanks cannot be located out of the Buffer for design reasons, then the Critical Areas Commission does not oppose the variance.

Chairman Morris invited the applicants to present their case. Mr. Evans advised the house was built in 1971. Mr. Evans reviewed his site plan with the Planning Commission pointing out the location of the septic system which was installed within 100 feet of the water. He is working closely with the Health Department. The Health Department has informed him that the topography of the parcel creates limitations for the septic and drain field. Mr. Evans submitted photographs of his property. He noted existing septic is inadequate for the existing house by today's Health Department standards and probably inadequate from the 1971 standards because it was not built according to the original design. Discussion continued.

There were no comments from the audience.

After some discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of the buffer variance to allow Peter Evans and Barbara Ellis to construct a portion of a septic system within the 100-foot Critical Area Buffer, provided:

• Vegetation mitigation of 3:1 based on canopy square footage for the removal of two trees within the buffer with a mixture of native species planted in the area of the buffer;
• Mitigation of 3:1 for disturbance within the buffer; and
• A nitrogen removal system should be installed if appropriate to the site.

This recommendation is based on the following findings of fact:

• There will be no substantial detriment to neighboring properties, nor will it change the character of the neighborhood
• The variance is consistent with the Comprehensive Plan and intent of the Ordinance
• The practical difficulty is caused by the condition of the property with steep to moderate slopes comprising most of the lot
• The need for the variance was not caused by the applicants = own actions - the septic system is substandard and the Health Department determines location of replacement septic system.
• The replacement tanks are proposed to be placed in the buffer, while the drain field and reserve area are located outside the buffer. The proposed locations are the flattest on the site
• The granting of the variance is in harmony with the general spirit and intent of the Critical Areas Law and Kent County regulations.

The motion was seconded and the vote unanimous.

#05-41 Applicants Barry & Stacey Feaga; Owner: P.Thomas Mason - "Worton Station," Major Subdivision Revised Concept Plan & Road Waiver - Barry and Stacy Feaga have submitted for concept review a revised development proposal that includes:

• 92 building lots – Porters Grove Road & Worton Road
• 1 lot for potential commercial development
• Approximately 8.2 acres of open space which includes approximately 2 acres recreational area
• And approximately 1.2 acres of green area.

The development is proposed for an approximately 41 acre parcel owned by Thomas Mason on Porters Grove Road and MD Route 297 in Worton, of the Third Election District. The single-family dwellings are arranged on lots of 9500 to 9600 square feet with a few larger lots. The proposed commercial area is at the intersection of Route 297 and Porters Grove Road. The 2.1 acre recreational area is adjacent to the County Parks and Recreation site. Additional open space is distributed along Porters Grove Road in a green and adjacent to the stormwater management area. The property is zoned Village and is served by public water and sewer.

Developer Barry Feaga and Planner Melanie Moser were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the lengthy staff report and relevant issues with regards to this proposal. The Comprehensive Plan states that "Growth is planned to occur in and around existing communities in a way that compliments and enhances their character." Article V, Section 7 of the Land Use Ordinance sets forth the criteria for the Village District. The ordinance addresses general standards, environmental standards and design standards for development in the Village District. Mrs. Owings presented staff comments.

The applicants have requested a road waiver which is needed for the private roads serving those lots that do not abut upon a public road, specifically Lots 36 and 37. The proposed common drive does not meet the right-of-way requirements for a private road and a road waiver is necessary. Mrs. Owing noted Article V, Section 7.8.C and Article IX, Section 3 addresses road waivers.

Maryland Department of Transportation/State Highway Administration, in their letter of August 10, 2005, have indicated the following:

• A Traffic Impact Study (TIS) must be conducted to see what impacts this development will have on Route 297 and surrounding roadways.
• The access into the site off MD Route 297 must be constructed in accordance with the Maryland State Highway Access Manual. An acceleration lane, deceleration land and a possible by pass lane.
• Storm drains and computations must be submitted for review.
• Any additional right-of-way needed for the proposed widening must be deeded in fee simple to SHA.
• Further comments may be warranted as the project progresses.

Chairman Morris invited the applicants to speak. Mr. Feaga advised that after review before the Planning at a previous meeting, he went back to drawing board. He hired a professional planner, Melanie Moser of Moser Consulting, who will be explaining the changes to the project. Mr. Feaga said he met with the Worton town residents twice as well as other discussions with citizens, and he feels the plan before the Planning Commission is a result of those meetings.

Melanie Moser, a landscape architect and land planner, noted she heard concerns expressed at the previous planning meeting, and taking them into consideration they met with the community and shared a new plan. She reviewed at length the revised concept plan. Discussion continued between the Planning Commission members and the applicants on issues that included entrance, open space, bike trails, common area, design, afforestation, commercial area.

Attorney Chip MacLeod, attorney for the applicants, said he is sure his clients are willing to sign the new Developers Rights and Responsibilities Agreement regarding this project.

Mr. Feaga advised the cost of the homes with attached garages in his development will probably start at $350,000. He shared a schematic of dwellings. Phasing is proposed with possibly 10-20 houses to be built per year. A homeowners association will be initiated. Boat storage may be limited based on size. Bike trails will be completed as each section is completed.

Chairman Morris asked for public comments. Mr. Bill Crowding, a Worton resident, was sworn in and advised he met with the developers, and feels the plans are greatly improved, however he is opposed to an entrance to the development on Porter Grove Road, other than for emergency use only. Traffic along Porters Grove Road is a problem now with amount of traffic and excessive speed. He is opposed to deep ditches along the road and sidewalk. Narrow roads help to slow down vehicles.

Dot Smith, resident of Worton, asked about stormwater runoff. There currently is a problem which should be corrected. Mrs. Smith reviewed the site plan with the Planning Commission.

Jim Georgeson, Porters Grove Road resident, pointed out the location of his home which is directly across the proposed subdivision entrance. Old homes are close to the road. He is concerned about increase water and sewer fees because of a new development.

John Nunn, Worton resident, thanked the developers for meeting with the community. He also appreciated members of the Planning Commission and staff for their attendance. The subject property is a focal point of the community and what happens here will set the tone for what happens next in the area. Porters Grove Road, a tar and chip road, is not adequate to handle increased traffic. Feels there should only be an entrance on Route 297. Mr. Nunn has concern about the amount of open space. The community is aware that development will occur, but they want to make sure new development is sensitive to the existing community.

Judge Tom Sisk, owner of property on Worton-Lynch Road, concurs with most of John Nunn's comments. He noted the main spray field for the Worton sewer system is behind a number of homes and not sure if it will affect any of the proposed home sites. Traffic along Porters Grove Road and Worton-Lynch Road already is a problem which will only be increased with more development.

In response to public comments, Melanie Moser, the subdivision has purposely made the entrance on Porters Grove Road and indirect route. Methods of traffic calming along Porter Grove Road need to be addressed, possibly in the Village Master Plan.

Mr. Feaga assured the board that his his development will be a quality project and will do what he can to keep it so. He noted the 40 ft right-of-way will include of sidewalk on each side, grassed area, curb and 26 ft of road width. Parking may be restricted to one side of road.

After some discussion about the need for a road waiver for the development, Mr. Feaga asked to table his request for a road waiver at this time. A road waiver will be requested at preliminary review.

Summarizing the review and discussion, the Planning Commission offered the following comments:

• The Comprehensive Plan directs growth to occur in and around existing communities in a manner that compliments their character.
• Open space at a rate of 1/10 acres per dwelling unit should be provided on site.
• Deed restrictions should address phasing, boat/camper storage, and the character and location of structures.
• Indicate phasing on preliminary plat
• Vary lot size and shape
• Provide diversity in house size and price
• Avoid ponds
• Trees should be planted along the rear of the properties
• Eliminate the entrance onto Porters Grove Road
• Lighting should be dark sky compatible.

GENERAL DISCUSSION

Mr. Hickman asked about the letter that was sent from the Planning Commission to the County Commissioners about a moratorium and the village master plans, and if staff has received a response to their letter. Mrs. Owings replied that the County Commissioners have placed funding in the budget for the village master plans. The RFP for Kennedyville has been released with responses due next week, after which the RFP for Worton will be release. The request for a moratorium has been given to the County Commissioners for their consideration, but staff has not been advised of any decision by the County Commissioners. Discussion continued as to the procedure for a moratorium.Following additional discussion the Planning Commission agreed to send another letter to the County Commissioners urging the County Commissioners to adopt a moratorium for 18-months or until the adoption of the Village Master Plans.

The Planning Commission was given a summary of Monday night's public workshop. Ms. Martin reviewed the hand-out. A copy of the same packet was also given to the County Commissioners. The Board agreed to review the summary and staff will work on the document for discussion on September 13 at 7:30 PM.

STAFF REPORTS

Gail Webb Owings, Planning Director - Mrs. Owings informed the Planning Commission of three public meeting regarding improvements to Route 301in Delaware - September 12 and 13 in Middletown, and September 19 in Townshend.

Amy G. Moredock, Environmental Planner - The Upper Chester River WRAS Strategies Group continues to meet. Having addressed two of their three goals, they hope to complete the third goal and prepare the white paper this Fall.

There being no further business, Chairman Morris adjourned the meeting at 5:20 PM.

_____________________________

Elizabeth H. Morris, Chairman

_____________________________

Elizabeth Carroll, Secretary

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