KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, December 7, 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; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES  -  The Minutes of the November 2, 2006 meeting were approved as written. 

APPLICATIONS FOR REVIEW

#06-05 York Farm, LLC – Major Subdivision (Final Plat) -  Rick Bailey of York Farm, LLC, is requesting final subdivision approval to create a 1.567 acre lot from his 202 acre farm located on Quaker Neck Road and the East Fork of Langford Creek, in the Seventh Election District.  The property is zoned “RCD” Resource Conservation District and “AZD” Agricultural Zoning District.  The proposed lot will separate the existing house from the farm.  The lot will front York Farm Lane, a private road, which was previously granted a road waiver.  Preliminary subdivision approval was granted in March 2006.

            Rick Bailey was present and sworn in with staff by Chairman Morris. 

            Ms. Martin reviewed the staff report noting applicable law found in Article V, Section 2 of the Land Use Ordinance, and addressing environmental standards and design standards.  To address afforestation, Mr. Bailey will plant an area at the edge of the farm adjacent to the existing forest. A letter-of-credit has been accepted by the County Commissioners. However, deed restrictions pertaining to the afforestation area have not been submitted.

            Ms. Martin recommended final subdivision approval contingent upon submittal of deed restrictions.  Attorney Mowell advised signed plats should not be released until deed restrictions are approved.

            No correspondence has been received on this proposal.  There were no comments from the audience.

            Mr. Bailey advised he has talked with his attorney Paul Bowman who is aware of the deed restriction requirements and is in the process of preparing them.

            There are no dwellings on the farm. Ms. Brown asked if a dwelling would be permitted. Ms. Martin advised only dwelling permitted may be a tenant house (used by someone working on the farm) subject to MALPF approval.  There may be other MALPF restrictions.

            Following a brief discussion, Ms. Brown made a  motion to grant final subdivision approval for a 1.567 acre lot for York Farm, LLC, based on the following:

• This property is a MALPF easement
• This subdivision is in compliance with the requirements of the Land Use Ordinance.
• The subdivision meets all guidelines and restrictions.

This approval is contingent upon the approval of the deed restrictions.  The motion was seconded.  The motion carried by a unanimous vote of approval.

#06-142 Mill Pond Station, LLC – Road Waiver – Danny and Lona Harris wish to subdivide five lots from their 252 acre farm located on Speer Road in the First Election District.  A waiver is requested to allow more than two lots to front onto a public road.  The property is zoned “AZD” Agricultural Zoning District.  Upon receiving subdivision approval, the farm will be placed in the agricultural preservation program.

            Danny Harris was present and sworn in with staff.

            Ms. Martin reviewed the staff reporting noting applicable law found in Article V, Section 1.5 of the Land Use Ordinance.  Article IX, Section 3 of the Ordinance authorizes the Planning Commission to grant a waiver, provided certain criteria is met.

Ms. Martin explained the five lots proposed will be spread out in three locations with no more than two lots adjacent to each other. Placing the houses along the road will not impact the agricultural operation of the farm, nor will it change the character of the area.  Ms. Martin recommended approval of the waiver, since she does not believe it will cause a substantial detriment to neighboring properties. It is consistent with the Comprehensive Plan and the general intent of the Land Use Ordinance. The strict application of these provisions may result in inhibiting the achievement of the goals and objectives of the Comprehensive Plan.

No correspondence has been received in the Planning Office, however Mary Wick, an adjoining property owner did call the planning office.  Mrs. Wick pointed out the possibility of these lots being sold and income generated being used to build a road for further development.

Chairman Morris invited Mr. Harris to speak.  Mr. Harris advised his wife has been working on this subdivision and he is not aware of what is going on.  He noted that Mill Pond Station LLC wishes to create the five lots for their children. Mill Pond Station LLC is a two-family partnership.  This subdivision would create two lots for his children and two for the other family.  Mr. Harris and his wife live in the existing house which would be the fifth lot created from the farm.

Ms. Martin noted she and Mrs. Owings have met with Mrs. Harris on several occasions.  This property is wet-weather perk.  The Harris’ would like to get the road waiver approved and then they will know where to test those sites.  If the waiver is not approved, the Harris’ could relocate the lots so there are not more than two fronting on the road.  As an LLC, MALPF would not allow the Harris’ to create children’s lots for two independent families.

Chairman Morris asked it was the number of lots that fronted the road or the number of accesses, thinking shared entrances could resolve the issue. Discussion followed while reviewing the subdivision plat.

Chairman Morris asked for public comments.  Mary and Fred Wick pointed out that two of the proposed lots are directly opposite from their working farm entrance to the nursery, which is a concern. 

Staff and the Planning Commission discussed options available to the Harris’ with regard to major and minor subdivision and the road issue.

Michael A. Scott, Surveyor, was sworn in, and inquired of staff, if the owners could subdivide their farm creating a parcel in excess of 100 acres for each family, and then come back for two lots each with road frontage? He does not feel the ordinance is clear.  Mrs. Owings replied you count the number of lots since the original parcel when the ordinance was adopted. The ordinance allows for two new lots with road access. If they separated the farm, that would be the two lots. Discussion continued.

Mr. Harris said the purpose of the proposed subdivision design is to provide lots for their children, but not for the lots to adjoin one another.  He does not feel there would be any more development along that road. Mr. Harris feels the lots as proposed will not interfere with irrigation equipment on the farm.

After further discussion, Ms Brown made a motion to deny the Mill Pond Station, LLC request for a road waiver to allow more than two lots fronting on Speer Road, based on the following findings:

• The granting of a waiver is not a minimum easing of the requirement.
• The waiver would not cause a substantial detriment to adjacent or neighboring properties
• The waiver would not be consistent with the Comprehensive Plan and the general intent of the Land Use Ordinance, which is not to strip the roads with lots.
• There is no unusual topography that would substantiate the granting of a waiver since the land is flat.
• The owners have not demonstrated an extraordinary hardship that would require the granting of a waiver.

The motion was seconded.  Staff was asked why they recommend approval.  Ms. Martin replied that the intent of the ordinance is not create a wall of houses and by spreading the lots along the roadway still leaving access into the land, the intent was met.  The waiver language is difficult.  Discussion on the motion continued.  Chairman Morris called for a vote.  The motion carried to deny the waiver request by a five to one vote.

            Chairman Morris encouraged Mr. Harris to meet with staff to check into other possible options.  She pointed out this is the first time the Planning Commission has had an application under the new language. 

STAFF REPORTS

Carla A. Martin – Community Planner – Legislation to create The Kent County Historic Preservation Commission was adopted by the Kent County Commissioners at their November 14, 2006 meeting.  This legislation becomes effective December 29, 2006.  The Commission will hold its first meeting on January 11.

G. Mitchell Mowell, Attorney – Attorney Mowell advised he did have a zoning enforcement case in District Court, specifically a pool in the front yard in Millington.  The inflatable pool was taken down.

Gail Webb Owings, Planning Director – Mrs. Owings reported the County Commissioners have appointed a committee to work on Total Maximum Daily Loads (TMDL).  The committee will be working on taking all of Kent County’s streams off the Impaired Water List by coming up with a program to clean up rivers and streams. The committee includes members from the Farm Bureau, The Agricultural Advisory Commission, and Soil Conservation.

Amy Moredock is in Williamsburg, Virginia, giving a presentation on “Living Shorelines”.

VILLAGE MASTER PLANS

Ms. Martin noted staff will be forwarding comments and any changes to the consultants to make any final changes to the Kennedyville Village Master Plan prior to coming before the Planning Commission for amendment to the Comprehensive Plan. Discussion followed. 

The Community of Fairlee will meet in January to review the draft Fairlee-Georgetown Village Mater Plan. 

The Steering Committee for the Worton-Butlertown have reviewed the draft Worton-Butlertown Village Master Plan and their comments have been forwarded back to the consultants.  The document should be ready soon for approval by the Planning Commission.  After some discussion, the Planning Commission decided to meet with the community and the consultants to review the plan at a night meeting at the church.

There being no further business, Chairman Morris adjourned the meeting.

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Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary