KENT COUNTY, MARYLAND
PLANNING AND ZONING

APPLICATIONS FOR REVIEW

#05-81 Knights Landing II – Major Subdivision – 8 lots (final plat) – Country Living LLC requests final approval of Knights Landing II, Section II – Phase IV which consists of 8 lots and a tot lot in Worton–Butlertown in the Third Election District.  The lots range in size from 9, 750 to 11,715 square feet.  Heather Lane will service six of the proposed lots and Austin Lane will serve the remaining two lots.  Both Austin Lane and Heather Lane will be extended to service proposed parcels.  Access to MD Route 298 will be via Plum Drive.  Street trees will be planted along all proposed roads.  The property is zoned “V” Village.

Present and sworn in by Chairman Morris were: David Stoltzfus, Debbie Orr and Jack Kirby. Attorney Cynthia McCann was also present.

This is a continuation of an existing subdivision.  To date 106 parcels have been created.   According to the Department of Water and Wastewater, these lots received sewer and water allocations prior to the adoption of the moratorium.

Mrs. Owings reviewed the past history of this property.  Preliminary approval for these eight lots was granted by the Planning Commission in October 5, 2006 with conditions.

Mrs. Owings reviewed the staff report addressing relevant issues and noting applicable law found in Article V, Section 7 of the Kent County Land Use Ordinance which addresses requirements for the Village District, specifically: Open Space, Forest Conservation, Environmental Standards, and Design Standards. The Comprehensive Plan encourages this type of development.  Mrs. Owings recommended final plat approval, provided:

• Deed restrictions must be amended and approved by the Planning Commission Attorney that address the protection of street trees, lighting, maintenance of open space, walking paths, stormwater management areas and playground equipment.  There is no provision indicating that the declarant is responsible for maintaining the open space or preserving the street trees.  Clarification on the provision for the amendment of restrictions must also be addressed.
• Letters of Credit or other surety is submitted to and accepted by the County Commissioners of Kent County in the amount of 125% of the cost of sediment control, stormwater management, landscaping, playground equipment, walking paths, and road construction.

Mr. Kirby reviewed the plat with the Planning Commission and advised Mr. Stoltzfus has complied with all subdivision requirements and has addressed previous comments by the Board.  Question was raised as to who will be responsible for open space and the tot lot.  Attorney McCann advised it will be maintained by a homeowners association.  A brief discussion ensued. 

            Chairman Morris invited the audience to comment.  There were no comments.  No correspondence has been received from any concerned citizens.

            After review and discussion by the Board, Ms. Brown made a motion to grant final approval of the Knights Landing II, Phase IV, creating eight lots and a tot lot based on the following findings of fact:

• These eight lots are a continuation of an existing subdivision.
• The proposal meets the requirements of the Land Use Ordinance and is consistent with the County’s Comprehensive Plan.

Granting final approval is contingent upon:

• All Letters-of-Credit be verified and changed, if necessary.
• Open space must be maintained by the developer until subdivision is turned over to a homeowners association
• Landscaping must be provided for the tot lot, and material placed at the bottom of the slide and the playground to make the area safer.

The motion was seconded, and the vote was unanimous.

#07-06 David A. Bramble, Inc. Preliminary Site Plan Review (Office Addition) - David A. Bramble, Inc. requests final site plan review approval of the preliminary site plan to construct two 30’ x 40’ office wings onto the front of the current building 35 feet from the front property line.

            Industrial and business properties surround this site on the southern side of Route 291 and a farm is across the road.  The property is zoned “I” Industrial.

            Present on behalf of David A. Bramble, Inc. was Peter Bourne, who was duly sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting relevant issues and applicable law found in Article V, Section 15 of the Land Use Ordinance which sets forth criteria for development in the Industrial Zone, specifically: Environmental Standards and Design Standards for site plans.  The proposal is consistent with the goals of the Comprehensive Plan.  Ms. Moredock read the Technical Advisory Committee’s comments and concerns.

Peter Bourne reviewed the site plan with the Planning Commission explaining the location of the two proposed additions and the landscape plan.

James Gatto, Chestertown Planning Commission Chairman, sent a letter asking if approved, the Board address Chestertown’s concerns.  Mrs. Owings read the letter into the record.  Mr. Gatto is concerned about the gateways to the town and their appearance.  His letter reads:, “We are requesting that with your approval of the Bramble application you require a minimum 100–200 foot landscaped setback parallel to Morgnec Road.  The setback should include a visual buffer and landscaping of a quality similar to Choptank or SHA sites.  Side and rear yard set backs should be enhanced increased and enforced to limit physical and visual pollution from the site.  If the planning commission member perceive this to be onerous, I would respectively remind them of the set backs you require of the private homeowner [30 and 50 ft front yard grass only setbacks].  It is essential that you address these issues with the same concern and consideration you are addressing social and environmental issues encapsulated in the approval of the use process.”  A discussion ensued regarding landscaping of the site.

            Chairman Morris asked for comments from the audience.  There were none.

            Following review and discussion, Ms. Brown made a motion to grant preliminary site plan approval for the David A. Bramble, Inc. site plan to construct two 30 by 40 foot office wing additions to their current building, 35 feet from the front property line, on their 32 acre parcel on Morgnec Road, near Chestertown. 

This motion is based on the following findings of fact:

• The proposal is consistent with the Comprehensive Plan’s goal to support the expansion of local business.
• The proposal does not encroach into wetlands, buffers, or forested areas on site.
• Landscaping areas are identified and must be finalized prior to final site plan review.  This property is among one of the gateways into Chestertown and landscaping should reflect this fact.
• The applicant should investigate the relocation of the existing fence along Route 291 to enhance the appearance of the gateway into Chestertown.
• The existing tree line has been enhanced by an additional 20 foot landscaped area and providing a nice screen from the properties on the Chestertown side. Additional landscaping is shown to soften the view from Route 291 and the properties to the east.
• There has been a minor change to the original landscaping proposal between the proposed additions, and the road has been altered to include a one-way road connecting the two entrances onsite for safety purposes for visitors and access from emergency equipment.
• Provision for parking and loading appears to be adequate.
• The proposal does not appear it will place unreasonable demands on infrastructure.
• The applicant is working with the Town of Chestertown regarding conceptual water and sewer capacity.
• Stormwater review will address water quality. Stormwater requirements must meet redevelopment standards and must be completed for final site plan review.
• The applicant must submit a sediment control plan prior to final site plan review.
• Any proposed lighting should be dark sky compatible and must be addressed at final site plan review.
• Signage must be addressed at final site plan review.

The motion was seconded, and the vote was unanimous vote.            

Town of Betterton – 1) Extension of Services & Public Facilities; 2) Annexation Resolution Betterton Associates, LLC. – Betterton proposes to annex a 4.456 acre portion of Map 4, Parcel 170 that is owned by Betterton Associates, LLC.  The parcel of land contains 7.629 acres of which 3.173 acres lies within the town boundaries and 4.456 acres lies within the County.

After annexation, the parcel will be classified under the Betterton Zoning Ordinance as “R-2” Single Family Residential, with a 1/4 acre minimum lot size, and also as an In-fill Development Overlay District Zoning.  The allowable density will be not less than 3.5 dwelling units per acre.  The annexation plan indicates that 16 dwellings are proposed by the property owner.  At this time the portion of the property within the County is zoned “CR” Community Residential with an allowable density of 1 dwelling unit per acre.

            Present and sworn in with staff were David Teal, Betterton Town Administrator and Charles MacLeod, Attorney for Betterton Associates, LLC.

            Ms. Martin reviewed the staff report noting applicable law found in Article 23A, Section 19 of the Annotated Code of Maryland which establishes procedures and regulations pertaining to annexation.  The County Comprehensive Plan states, “Insure that towns and villages are attractive places to live and work”and to, “Coordinate planning for growth with the towns and villages.”  Staff recommended approval of the annexation and proposed zoning waiver.

            Mr. Teal informed the Planning Commission that the annexation property is located on the southern boundary of the Town at the end of Fourth Street and adjacent to Fifth Avenue.  The predominant existing land use in the vicinity of the Annexation Property is residential.  The subject property is located within the Town’s “Sphere of Influence” according to the Town’s Comprehensive Plan.  The property is currently zoned “CR” Community Residential under the Kent County Zoning Ordinance.  After annexation the property will be classified as “R-2” Zoning with In-fill Development Overlay Zoning.  Mr. Teal noted this property contains sufficient land for such public facilities as may be required as a result of its annexation and development.  There is no existing agreement between the parties concerning dedication of portions of the property for public facilities.  The proposed development will be served by Betterton public water and sewer.  Other services such as emergency services, street maintenance and refuse collection will be provided.

            The Planning Office has received no written correspondence has been received from any neighbors regarding this annexation proposal.

            Chairman Morris invited the audience to comment.  Cynthia and Brice Sutton of 500 Main Street, Betterton stated that they would like to have their property annexed into the Town at the time the proposed property is annexed.  They feel that by not including their property (which adjoins the Betterton Associates property) in the annexation, there could be future problems with stormwater run-off from any development, and who would they contact if there are problems – county or town?  Mr. and Mrs. Sutton are concerned that no one, including the Town or the developer, has come to them to discuss this issue.  The Suttons request their 1.22-acre parcel be added to the annexation plan.

            Mr. Teal informed Mr. and Mrs. Sutton that the proper procedure to request annexation is to submit a request to the Mayor and Council.  An application fee is also required with submittal of a legal description.

Attorney MacLeod noted that due to the time already involved and the cost of this annexation project to his clients, he feels it would be unfair to ask them to start at the beginning to include the Sutton’s property.  He does not have an issue with the Suttons being included in the annexation; however he does not want their request to slow down the Betterton Associates application.  Discussion followed.

            After further review, Ms. Brown made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the annexation request for the Betterton Associates to annex the 4.456-acre portion of their 7.629-acre parcel (Map 4, Parcel 170) into the Betterton town limits, based on the following findings:

• The annexation is consistent with the Kent County and Town of Betterton Comprehensive Plan.
• The annexation agrees with the growth plan.

As part of their recommendation, the Planning Commission suggests that the annexation include all of Fifth Avenue (not just to the center-line of the right of way) and the portion of Map 100, Parcel 1529 (Sutton parcel) that lies in the county, so long as the inclusion of these areas does not hold up the process for the current request.  The motion was seconded and the vote unanimous.

            Ms. Brown made a motion to recommend the County Commissioners grant a zoning waiver of the five-year zoning requirement for the Betterton Associate, LLC proposal to change the County zoning of “CR” Community Residential to Town zoning of “R-2” Residential.  The Planning Commission finds this request to be consistent with the Comprehensive Plan’s strategies for coordination of growth with the towns and infill development. 

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

STAFF REPORTS

            Amy G. Moredock, Environmental Planner – Ms. Moredock updated the Board on the Drayton Manor Growth Allocation Hearing held on January 23, 2007 before the County Commissioners.  About 30 to 40 residents spoke during the public comment portion of the hearing.  There will be a thirty day comment period.  The commissioners will make a decision after that date.

            Gail Webb Owings, Planning Director – Mrs. Owings reminded the Board of the February 6 meeting

At Mt. Olive AME Church in Butlertown for the Worton-Butlertown Village Master Plan.

            After some discussion, the Planning Commission agreed to meet again on February 15, at 7:00 p.m. in the County Commissioners Hearing Room to discuss the status of the village master plans and how to proceed. 

There being no further business, Chairman Morris adjourned the meeting at 4:11 p.m.

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Elizabeth H. Morris, Chairman

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Kimberly B. Dixon, Secretary