KENT COUNTY, MARYLAND
PLANNING AND ZONING

M  I  N  U  T  E  S

The Kent County Planning Commission met in regular session on Thursday, January 3, 2008, 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; Rev. Ruben Freeman; F. Joseph Hickman; Jay P. Lancaster; Marcy Brown; Gail W. Owings, Planning Director; Carla Martin Gerber, Community Planner; Amy Moredock, Environmental Planner; Mitch Mowell, Planning Commission Attorney and Kim Dixon, Secretary.

MINUTES – The Minutes of the November 1 and December 6, 2007 meeting were approved with corrections.

APPLICATIONS FOR REVIEW

Mary Clark – Designation of Historic Site – Mary Clark has submitted a nomination form to have the building located at 12622 Still Pond Road designated as a historic site and listed in the Kent County Register of Historic Places.  The one story wood frame / stucco structure is located on a 2.33 acre lot at the southern edge of Still Pond.  The building was originally used as a school house and was most likely constructed in the 1920s.  The property is adjacent to other historic buildings and the area is predominately single family residential. 

Present and duly sworn was Jay Yerkes, Blue Heron Contracting.

Carla Gerber, Community Planner, presented the staff report which includes the applicable law Chapter 187, Code of Public Laws of Kent County, Historic Preservation.  Staff noted that the Board of Education obtained the property in 1922 and transferred the property to the Trustees of the Still Pond Community Center in 1952.  The Clark family purchased the property in 1970.  No information on construction dates or builder has been provided.  Recently the Clarks obtained a demo permit to remove the two side “wings” in order to stabilize the walls of the main part of the building.  It is Mary Clark’s intent to rehabilitate the structure into living space.  Blue Heron Construction is presently working on renderings and construction plans for the work.

Staff recommends a favorable recommendation be sent to the County Commissioners for designation of 12622 Still Pond Road as a historic site.  The Historic Preservation Commission has also reviewed this application and recommends approval.

Mrs. Gerber read a letter from the Kent County Historic Preservation recommending approval of this application.

Mr. Yerkes testified it has been difficult to find any solid evidence concerning the school.  Research indicates the Board of Education obtained the building in 1922.  The building was also used as a Community Center.  They are going to put an ad in the newspaper asking for information regarding the property.  Mary Clark intends to restore the building to its original condition.  Mr. Yerkes noted that the Historical Society of Kent County has very little information regarding this building.  Mrs. Morris suggested that the Kent County Retired Teachers Association may be able to provide some information on the building when it was used as a school. 

Ms. Brown asked if the two wings had been removed.  Mr. Yerkes said they had.  He presented renderings of the house when construction is complete.  Mary Clark’s intention is to restore the house as close to original as possible   Mr. Lancaster asked what type roof would be put on the house.   Mr. Yerkes replied that the low roof would be a metal roof however they have not decided about the main structure. 

Ms. Morris asked for audience comments.

Mr. Michael Brunner, Still Pond Maryland, was present and duly sworn.  He testified that everyone in the Community loves this building and he urged the Planning Commission to forward a favorable recommendation.

After a brief discussion, Ms. Brown made a motion to send a favorable recommendation to the County Commissioners citing the following:

• The structure was a school and community center;
• We do not know if the property is the site of an historic event;
• All teachers and students influence society and are a very important group of people to all of us;
• The property exemplifies the cultural, economic, social, political or historic heritage of the County a school as well as a Community Center. 
• The property is a distinctive gateway into the community of Still Pond. 
• This building is a rare example of a particular style of school in Kent County.
• This project fits the criteria for designation as a historic site to be listed in the Kent County Register of Historic Places. 

The motion was seconded and approved unanimously.

Roland Clayton – Sand and Gravel Pit – Preliminary and Final Site Plan – Roland Clayton Company, LLC requests preliminary and final site plan approval of an approximately 64 acre sand and gravel pit on its 221 acre farm off Walnut Tree #10 School Road near Massey.  The operation will include a washing operation and the sale of washed sand and common borrow.  A small work trailer and barn will be on the site.  The pit will be reclaimed as an aquaculture pond.  A haul road will lead from the site to Walnut Tree #10 School Road.  The property is zoned Agricultural Zoning District and is generally surrounded by farmland and woodland.  A single family dwelling is located to the west of the site.  Non-tidal wetlands are located on the farm but will not be disturbed by the creation of the pit or the haul road.

Present and duly sworn was Sean Callahan, Lane Engineering. 

Gail Owings presented the staff report reviewing the history of this application.  She also reviewed applicable law noting Article V, Section 1 of the Kent County Land Use Ordinance which establishes the environmental standards and site access standards for the Agricultural Zoning District; and Article V, Section 5 which establishes the site plan procedures and requirements.

Staff noted that extensive non-tidal wetlands exist on site and appropriate buffers are provided to these non-tidal wetlands.  The 100 foot stream protection corridor has been provided for Cypress Branch.  The existing forest is habitat for Forest Interior Dwelling Birds and is being protected.  The applicant has gone to great lengths to preserve habitat, wetlands and other sensitive areas on site. Afforestation is not required due to the amount of existing forest on site.  Access to the gravel pit will follow an existing right of way that leads to Walnut Tree #10 School Road.  This will provide access to the gravel pit operation, any future dwellings, and the farming operation. 

Staff recommends approval of both the preliminary and final site plan subject to acceptance of stormwater and sediment control bonds by the County Commissioners and approval of the sediment control plan by the Kent Soil and Water Conservation District.

Ms. Owings read correspondence from the Kent County Historic Preservation Commission recommending approval of the application.

Mr. Sean Callahan, registered professional engineer, appeared on behalf of the applicant and testified that approval has been granted from the Kent County Board of Appeals to construct the project.  The applicant has applied for a surface mining permit from the Maryland Department of the Environment.  He noted that the applicant will construct an approximately three thousand foot lane from Walnut Tree #10 School Road to the pit.  Most trucks will go up to Philadelphia or to Baltimore.  Truck traffic will be routed to Carroll Clark Road to Route 301.  If trucks do not use this route they will not be allowed to haul material from the site.  He stated that five acres would be opened at one time and reclaimed.  A sixty acre pond will exist at the end of the project.  He stated that the proposed build out is twenty years depending on the market.  A large berm will be constructed between the site and Mr. Wallace’s property.  At the end of the project, the berm will be removed to allow Mr. Wallace to look over the new pond.  Mr. Callahan said he is still attempting to contact Washington College about this project.  He will make contact with Dr. Siedel to discuss this project.

Raymond Wallace, 33133 Spear Road, Millington Maryland, and an adjacent property owner being duly sworn testified that he is very satisfied with the plan as presented. 

Craig O’Donnell, Kent County News, asked how many trucks would be coming and going to the site each day. 

Mr. Callahan responded that thirty to one hundred truck depending on the market.

After a lengthy discussion, Ms. Brown made a motion to grant preliminary and final site plan approval contingent upon approval of sediment control and stormwater management plans by the Kent Soil and Water Conservation District and sediment and stormwater bonds are accepted by the County Commissioners.  Ms Brown’s recommendation is based on the following findings of fact:

• The project is consistent with the mineral resources goals found in the Kent County Comprehensive Plan.
• The project will be conducted in five acre increments and reclaimed as the project progresses.
• A sixty acre pond will exists at the end of the project.
• Approximately forty acres of land will remain tillable on site.
• The site provides for safe pedestrian and vehicular traffic on the site.
• Walnut Tree #10 School Road will be maintained by the applicant to the standards set by the County Engineer.
• The Board of Appeals has approved the Special Exception.
• The approval will be for a five year period.
• A berm will be constructed to protect the neighboring property.
• A forested strip of land also protects neighboring properties.
• The project will not have a detrimental visual impact from the county road.
• Signage should be shown on the site plan.

The motion was seconded and approved unanimously.

Oddmund and Hedvig Angell / Crosby Woods – Major Subdivision – Final Review – Oddmund and Hedvig Angell are requesting final approval of a 10-lot subdivision located off Crosby Road near its intersection with Route 20.  The lots will have access to Crosby Road from a new cul-de-sac.  The 10.7 acre parcel is zoned Village and Community Residential and is located in the Fifth Election District.  Mr. Angell is proposing six 9,500 square foot lots in the Village District portion of the property.  The dwellings will front onto Crosby Road but have entrances from the new road.  These six dwellings may be semi-detached duplex type dwellings or detached single family dwellings.  In addition, four single family dwellings will be built on the back portion of the property.  The existing forest will not be disturbed and sufficient open space has been provided.

Present and duly sworn were Bill Carroll, surveyor, Kevin Shearon, engineer, Davis Moore, and Shearon, and Oddmund Angell.

Carla Gerber presented the staff report noting the history of the project.  She further provided the applicable law including Article V, Section 7.5 which establishes the area, density, and width requirements for the Village District; Article V, Section 6.5 which establishes the area, density and width requirements for the Community Residential District; Article V, Section 7.6 which sets forth the general standards for the Village District; Article V, Section 6.6 which sets forth the general standards for the Community Residential District; Article V, Section 7.7 and Article V, Section 6.7 which sets forth the environmental standards; Article V, Section 7.8 and Section 6.8 which sets forth design standards; Article V, Section 7.8.C.10 which sets forth the Village subdivision standards and Article V, Section 6.8.B.4 which sets for the Community Residential subdivision standards.

Staff noted that all of the proposed lots meet the minimum requirements.  The smallest lots are along Crosby Road in the Village District portion of the property.  These six lots are 9,500 square feet (.0218 acres) and approximately 63 feet wide.  The four lots in the Community Residential portion of the property range in size from 0.530 acres to 0.835 acres, averaging 0.62 acres.  A building restriction line for lots nine and ten has been established to meet the minimum lot frontage requirements.  Lots 1-6 will be through lots and have “front” yards on both Crosby Road and the proposed cul-de-sac. 

Almost 56% of the entire parcel is in open space mostly as deed restricted forest.  The applicant has not defined a specific walking trail in the forest, but residents will be allowed to walk in the woods.   All of the existing forest will be retained, mostly as open space.  No threatened or endangered species have been identified on the site.  The applicant has included a 25 foot forest and non-tidal wetland buffer along the edge of the forested area.  Stormwater management plans have been approved.  A 15 foot wide slope and utility easement exists along the frontage of all lots and the proposed road.  All of the lots contain suitable building sites and the double frontage lots are deep enough to accommodate a dwelling and customary accessory structures.  Public water and sewer is available, as is electric service.

Staff recommends granting final approval contingent upon approval of letters of credit for all improvements and deed restrictions.

There was no correspondence in this matter.

Bill Carroll testified that a Citizen Participation meeting was held and only one couple showed up at the meeting.    Deed restrictions and the easement have been prepared.   A road name has not been selected at this time.  Letters of credit are pending at this time.  A 15 foot wide slope and utility easement will be shown on the plat along the lot frontage of all lots.  Landscaping and street trees will be placed behind this easement.

Kevin Shearon testified that the landscape plan is part of the improvement plan.  Mr. Shearon explained the stormwater management plan for the site. 

Ms. Morris asked Ms. Gerber about lots one through six having two front yards.  Ms. Gerber stated that they are currently zoned village which only requires twenty foot front yard setback and she feels that the lots are sufficiently deep.  She stated that any sheds would not be permitted on the Crosby Road side; they would be required to be on the side of the new road.

There were no comments from the audience.

After a discussion, Ms. Brown made a motion to grant final site plan approval citing the following:

• The property is currently zoned Village and Community Residential.
• A Citizens Participation meeting was held.
• The final landscaping plan has been submitted.
• Deed restrictions have been submitted however they need to be approved by the Planning Commission attorney.
• Letters of Credit must be approved by the County Commissioners.
• The lots meet the minimum requirements.
• The six lots on the front of the property may be duplexes or single family dwellings with two front yards.
• The new road needs to be named.
• The back section of the property will consist of four larger homes.  This with the smaller homes will create a nice diversity of homes.
• 6.2 acres of existing forest will be retained as open space.
• Army Corp of Engineers has determined there are no wetlands on the property.
• There is a 25 foot forest and non-tidal buffer along the edge of the forested area.
• Stormwater Management has been approved.
• There will be a 15 foot easement on the front of each lot.
• There will be a single entrance from Crosby Road ending in a cul-de-sac.
• Public water and sewer and electric service is available for the project.
• No threatened or endangered species have been identified on the site.
• Street trees have been shown.
• All lots contain suitable building sites and the double frontage lots are deep enough to accommodate a dwelling and a customary accessory structure.

The motion was seconded and approved unanimously.

Lawrence and Associates – Prestwick Woods – Re-subdivision / Major Subdivision – Preliminary Review – Lawrence and Associates request preliminary review of their 12-lot resubdivision / major subdivision, Prestwick Woods, on Lovers Lane, near Chestertown, in the Seventh Election District.  The lots range in size from approximately 1.013 to 2.32 acres and are arranged to minimize disturbance to the steep ravines, wetlands and specimen and other significant trees on the site.  Approximately 17 acres of open space is provided.  Three public roads will be constructed and dedicated to the County.  Public sewer and private wells are proposed.  The property is zoned Rural Residential and is located within the Stories of the Chesapeake Heritage Area.  The Country Club golf course consisting of wooded areas and turf is immediately to the west and north of the property.  Single family dwellings sited among wetlands and forests are to the east of the property.  Farmland is to the south of the property.

Present and duly sworn was Kent Lawrence.

Gail Owings presented the staff report noting the history of the project.  She further reviewed the applicable law including the following sections of the Kent County Land Use Ordinance: Article V, Section 4 which establishes the area, density and width requirements, environmental and design standards for the Rural Residential District; Article XI, Section 2.223 which defines open space; and Article VI, Section 6 which establishes the review standards for a preliminary subdivision plan.

Staff noted that letters were sent to the Town of Chestertown and the Chestertown Fire Company requesting comments.  Staff reviewed the open space requirements noting that the net tract area of the site is 23.283 acres.  Therefore, the amount of required open space is 9.313 acres.  Approximately 17 acres of open space is provided.  At least 50% of the required open space is in a visually identifiable area and with the exception of the connecting paths the open space is more than 50 feet wide and more than 5,000 square feet in area.

Staff stated that the property is unique and environmentally sensitive.  It is part of a much larger forest and wetland system extending south and west along Lovers Lane.  It is most likely Forest Interior Dwelling Bird habitat and includes several specimen trees.  The Maryland Department of Natural Resources Heritage Division that it does not have any records of sensitive species on site.  However, a State-listed Threatened Climbing Fern has been noted in the vicinity of the property and could occur on the site.  The habitat for this fern is within the portion of the property identified as a forest conservation, stream protection corridor, or other protected buffers.

A 100 foot stream protection corridor for the blue line stream near the property line and a 25 foot buffer around the non-tidal wetlands have been provided.  Protective language or an easement on the open space and buffers should be included in the deed restrictions.

A permit from the Maryland Department of the Environment and the Army Corp of Engineers will be required for the disturbance to non-tidal wetlands in the area of the road.  Deed restrictions need to address Forest Interior Dwelling Birds, wetlands, stream protection corridor, and forest protection.  Extra attention should be given to the stormwater management on the site to ensure that the wetlands at the toe of the bank are not disturbed.  A Forest Stand Delineation has been submitted and the priority forest has been preserved on-site.  A preliminary Forest Conservation Plan establishes that approximately 19 acres of the forest will be retained and 16.3 acres to be cleared.  The amount of clearing could be less depending on the plans of the eventual property owners.  Approximately 2.88 acres of afforestation is required due to the amount of proposed clearing.  Since the remaining portion of the property is forest, the afforestation requirements will be met by paying into the forest conservation fund. 

There are 22 specimen trees on site, mostly White Oaks but also Northern and Southern Red Oaks, Sweet Gums, Willow Oaks, and American Beech.  Three possibly five of the 22 specimen trees will be disturbed during the construction of the road and dwellings.  Another two specimen trees are located in the center on lot 10. However, careful placement of the dwelling could preserve these trees.

Staff noted that the County Engineer has stated that the proposed road design complies with the County standards.  Roads impacted by the development include Lovers Lane, Airy Hill Road, and Quaker Neck Road.  The plan includes a widening easement along Lovers Lane.  Quaker Neck Road is a State road capable of handling traffic from the site.  The County Engineer has stated that Lovers Lane is capable of handling the traffic generated by the development.  Due to the sensitive nature of the project site and surrounding area, TAC agreed that requiring a 10 foot pedestrian / bike easement is not appropriate. 

Staff recommends approval of the preliminary plat. 

Correspondence received included a letter from the Kent County Public Schools regarding school bus traffic on Lovers Lane. 

Mr. Lawrence testified that to the best of his knowledge he has submitted all the required documents and addressed all the issues requested for this project.  He stated the entrance to lot nine has been moved to minimize the impact.  He has documented that public sewer will be provided.  The new sewer line will be used for his project and to remove failing systems along Quaker Neck Road and Lovers Lane. 

Mr. Lawrence presented a power point that illustrated the property line between his property and that of the Country Club.  He also presented examples of the homes he proposes to build on the site.  He stated that the State had conducted a traffic study beginning on September 8, 2007.  This study showed a total of 118 vehicles traveling Lovers Lane.  This figure is 47% of the number used to estimate most rural roads in the County.  Mr. Lawrence stated that he has submitted a planting plan, Forest Conservation Plan and has addressed the Forest Interior Dwelling Birds on site.  He has also submitted the stormwater management plan and the utility service agreement. 

Mr. Hickman stated that he is concerned about the forest easement between the lots.  He asked how we could be sure it would remain and be maintained.  Ms. Owings stated that would be an enforcement issue.

George Smith being duly sworn testified that Mr. Carter Stanton, Department of Public Works, indicated that there are plans to improve the bridge on Lovers Lane.  They expect the work to begin sometime this spring or summer.  Mr. Smith raised issues such as who would own the sewer line and who would bill for the service of the sewer line. Mitch Mowell explained that was an issue that needed to be addressed by Public Works; it was not a decision for the Planning Commission.

Ms. Brown stated that she hates to see development go into a totally forested area however; the applicant should be commended for preserving the trees and the canopy. 

After a discussion, Ms. Brown made a motion to grant preliminary subdivision approval citing:

• Approximately 17 acres of open space on the property will be retained on site.
• Three county roads will be constructed.
• The applicant has tried to maintain as much forest as possible.
• The project is in compliance with the Comprehensive Plan that directs growth to occur in and around existing communities and it encourages conservation subdivision.
• The project complies with the density, bulk and environmental design standards set forth in the Land Use Ordinance.
• The Department of Water and Wastewater has said that there is the availability of public sewer for this project. 
• The property line along the western edge of the property has been clarified by a surveyor. 
• The County Roads has commented that the traffic impact of this subdivision will be fine and can be handled by Lovers Lane.
• There is a possibility that the bridge that is on Lovers Lane may be rebuilt and reconfigured. 
• The Planning Commission has information on the Forest Interior Dwelling Bird habitat and this project tries to maintain as much of the canopy as possible. 
• There will be deed restrictions to address Forest Interior Dwelling Birds, wetlands, and the stream protection corridor and forest protection.
• A Forest Stand Delineation was submitted. And the afforestation requirments will be met by paying into the Forest Conservation Fund.
• There are several specimen trees on site.  It will be indicated to the property owners that any specimen trees that are on their property hopefully will be maintained and will remain.
• The natural state of the landscape has been designed to maintain the natural view of the landscape from the road and adjacent properties.
• Lighting should be dark sky compatible and human scale.
• Due to the sensitive nature of the project site and surrounding area a ten foot pedestrian / bike easement will not be appropriate.

The motion was seconded and approved unanimously.

Presbyterian Church of Chestertown – Private Nursery School – Special Exception and Site Plan – Presbyterian Church of Chestertown requests a special exception and site plan approval to operate a private nursery school in an existing building on the property owned by the Church on Gateway Drive in the Fourth Election District.  They propose to establish a nursery school utilizing existing space with the goal of beginning the school in September 2008, offering a two-day per week morning program for two and three year olds.  The property consists of 3.9 acres and is framed by Washington Avenue/Route 213, Southgate Drive and Gateway Drive and is located in the Crestview subdivision on the northern edge of Chestertown.  It is surrounded by residential and commercial development.  The structures, playground and parking needed for the nursery school exists.  The property is zoned Intense Village. 

Present and duly sworn were Sue Basener and Sara Holben.

Amy Moredock presented the staff report which includes the history of the property.  She noted the applicable law including the Kent County Land Use Ordinance Article VII, Section 2 which sets forth the general standards to all special exceptions; Article VI, Section 7.38 which grants the Board of Appeals authority to grant a special exception for private schools in Intense Village; and Article VI, Section 5.3.A.6 which sets forth site plan review standards.

Ms. Moredock noted that the proposal is consistent with the Comprehensive Plan and general intent of the Ordinance.  A private nursery school of this size will not have an adverse impact on the neighborhood, community facilities or traffic.  As the school will operate in an existing building it will not have an adverse effect on water quality, fish and wildlife habitat.  There are no historic structures onsite. 

Staff recommends approval of the site plan.  Staff recommends a favorable recommendation of the special exception to operate a private nursery school within the existing building onsite. 

There was no correspondence in this matter.

Sue Basener, representing the Presbyterian Church testified the church has a new sanctuary and with more space they would like to reach out to the community in ways that are meaningful.  The school will start out by using two Sunday school rooms and the existing fellowship hall could be used for indoor activities.  They currently have a brand new playground.  This nursery school will be opened to the community. The maximum amount of students would be six per classroom for a total of twelve. 

Ms. Brown asked if it was anticipated to add four year old children.  Ms. Basener stated that it is their hope that they would be able to eventually grow the nursery school to include four year olds.  Nursery school is defined as youngsters under the age of five and less than six hours per day.  They do have additional classrooms that could be used.  Ms. Basener stated that in the future if they have four year olds, then a five day program would be possible.  They would like to begin their nursery school in September of 2008.

Ms. Morris asked for audience comments.

Henry Anderson, President of the Crestview Community Association, being duly sworn testified that the Community Association has no objections to the project.

After a brief discussion, Ms. Brown made a motion to send a favorable recommendation to the Board of Appeals for the Special Exception citing:

• The Presbyterian Church requests to operate a nursery school in an existing building, utilizing existing classrooms.
• The school will start in September 2008 offering a two day per week morning program for two to three year olds.
• They will be a nursery school as defined by the State and could expand to five mornings per week but classes must be held within the existing building and use the existing playground. 
• This is in compliance with the Comprehensive Plan in that is promotes new educational services and programs within the County.
• This school is on the Presbyterian Church property, so that is the closest house of worship or public gathering.
• The project fulfills a need within the community for nursery schools.
• The traffic patterns have been established by the church.  It has access on to Gateway Drive.
• The site is surrounded by residential and community development.
• This project will have little impact on community facilities and services.
• The playground exists on site.
• It will have no impact on water quality, fish or wild life habitat.

The motion was second and approved unanimously.

Ms. Brown made a motion to grant final site plan citing:

• This project complies with the Comprehensive Plan.
• This project promotes educational services within the community.
• The nursery school will be in an existing building.
• The nursery school will use an existing playground that is fenced.
• This project will have little impact on the surrounding area.

The motion was seconded and approved unanimously.

William Cording – Special Exception – Cottage Industry and Site Review – Warehouse, Distribution and Assembly of Water Quality Test Kits and Other Similar Kits – William Cording proposes to operate a cottage industry to warehouse, distribute, manufacture and assemble water quality test and other similar kits from the 40 x 60 foot accessory building behind his home on 25022 Cording Road in the Third Election District.  If approved under the cottage industry special exception, Mr. Cording will accept deliveries, repackage materials, assemble and manufacture some parts of the test kits.  Mr. Cording’s approximately 3.021 acre property is zoned Agricultural Zoning District.   A house and the 7,200 square foot accessory building are on the property.  A farm surrounds the property with a steep ravine to the rear of the building.

Present and duly sworn were William L. Cording, Jr. and Jaime Patterson.

Gail Owings presented the staff report noting the applicable law which includes the Kent County Land Use Ordinance Article XI, Section 2.70 which defines a cottage industry; Article VII, which authorizes the Kent County Board of Appeals to grant a special exception for a cottage industry in the AZD; and Article VI, Section 5 which outlines the procedures and requirements for site plan review.

Ms. Owings noted that the use will be in an existing building and is incidental to the dwelling.  Churches and other public places are not located in the vicinity.  The proposal is appropriate to the site and will not impact the environment, farming operation, neighboring properties or historic structures.  It will not create an unusual amount of traffic or other impact on infrastructure.  The proposal is consistent with the Comprehensive Plan.  The business is planned to operate in an existing building with no outside alterations.  Staff recommends approval of both the site plan and special exception.

There was no correspondence in this matter.

William Cording testified that the business will have ten employees.  He stated that there will be one UPS truck to the site per day and one tractor trailer per week.  Parking is available onsite for employees.  The Health Department has approved three restrooms for the building.  He stated that no other property will be able to see the property. 

There were no audience comments.

After a discussion, Ms. Brown made a motion to send a favorable recommendation to the Board of Appeals for the Special Exception citing:

• Mr. Cording will accept deliveries and repackage materials, assemble and manufacture some parts of the test kits.
• The proposal will not involve any hazardous materials.
• Recycling bins will be installed in the building to recycle packaging.
• This project will be done all in an existing building.
• The proposal meets the definition of a cottage industry as defined in the Kent County Zoning Ordinance.
• The use will be incidental to the dwelling.
• The building is appropriate to its setting.
• No sales are proposed.
• The Cottage Industry will not create an unacceptable environmental impact.
• The Cottage Industry will generate one UPS truck per day and one tractor trailer per week.
• There will be ten employees.
• Parking is available onsite for the employees.
• Farmland surrounds the site with the closest dwelling two to three miles away.
• There will be no impact of the development on community services or facilities.
• The proposal is consistent with the Comprehensive Plan.

The motion was seconded and approved unanimously.

Ms. Brown made a motion to grant concept, preliminary, and final site plan approval citing:

• The Comprehensive Plan calls for expansion of this type of business in the County.
• This is for a proposal to operate a warehouse, distribution business.
• An existing 40 by 60 foot accessory building will be used for the business.
• The business will accept deliveries, repackage materials, and assemble parts of the test kit.
• The proposal will not involve any hazardous materials.
• Recycling bins will be installed in the building to recycle packaging materials.
• The site is located away from any other residents or other places of public gathering.
• The project will use a private road and will not affect any other traffic patterns.
• The project complies with the Comprehensive Plan and Land Use Ordinance.

The motion was seconded and approved unanimously.

Agricultural Land Preservation Ordinance

Carla Gerber presented the staff report explaining that due to recently enacted legislation, the County needs to re-write its Agricultural Preservation Ordinance. Districts have been eliminated at the state level and counties have been given the option of requiring districts at the County level.  As of July 1, 2007, districts were no longer required in order to apply to sell an easement (although Kent County chose to not allow any non-district landowners from applying).  After June 30, 2008, the Foundation will no longer accept district applications, and all districts will be terminated by June 30, 2012 unless the landowner has sold an easement.

The Kent County Agricultural Preservation Advisory Board and the Kent County Agricultural Advisory Commission have met jointly to draft a new ordinance.  The majority of both boards was of the opinion that districts are beneficial and should be kept but the term should be reduced to three years.  The minimum criteria (size, soils, location) still apply and will continue to follow state law.  Under the proposed ordinance, district applications would be reviewed by the local Agricultural Preservation Board, the Planning Commission, and the County Commissioners.  The County Commissioners would have the final authority to accept or reject a district application following public hearing.  The process essentially remains unchanged except that district applications would no longer be sent to the State for approval by the MALPF Board of Trustees.

The proposed ordinance also contains a termination provision following three years or for under three years for severe economic hardship.

After a brief discussion, Joe Hickman made a motion to send a favorable recommendation to the County Commissioners to amend Chapter 71 of the Land Use Ordinance to include the additions and deletions as presented.

The motion was seconded and approved unanimously.

Priority Preservation Area

Carla Gerber presented the staff report noting that additional legislation enacted over the past two years requires certified counties to develop a Priority Preservation Area (PPA) element for their Comprehensive Plans.  There are a number of required components for the PPA element, but the intent is for counties to establish an acreage goal for a defined area, develop strategies to achieve the goal and evaluate the effectiveness of its program.

The County’s Agricultural Preservation Program has recently been re-certified by the Maryland Department of Planning and the Maryland Agricultural Land Preservation Foundation.  Overall, the State was satisfied with the County’s current policies and rate of preservation versus the rate of conversion for development.  Kent County must amend the Comprehensive Plan to include an approved Priority Preservation Area element before the county’s next certification review in July 2009.

The Agricultural Preservation Advisory Board and the Agricultural Advisory Commission have jointly reviewed the draft PPA.  It was decided that the best approach was to draft the PPA as an appendix to the Comprehensive Plan with appropriate sections from the Plan copied into the appendix.  The mapped PPA / acreage goal will include all land zoned Resource Conservation District or Agricultural Zoning District minus any lands defined as growth areas by the Village Master Plan or Town Comprehensive Plans.

After a brief discussion, the Planning Commission agreed to bring thoughts and comments to the next meeting.

Staff Reports:

Carla Gerber – Ms. Gerber reported that the Historic Preservation Commission will change its meeting date so that the Commission will have an opportunity to send recommendations to the Planning Commission.

Gail Owings –Kent County will be working with Washington College to do a build out scenario for Worton both with existing zoning and under the draft master plan.   She informed the group that they are attempting to set up a meeting with the Kent County Planning Commission, the Eastern Shore Land Conservancy and the Town of Chestertown’s Planning Commission.  She asked for a date the week of January 28, 2008.  It was agreed that the 29^th or 30^th would be good dates. 

There being no further business the meeting was adjourned at 6:03 p.m.

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Elizabeth Morris, Chairman

 

__________________________________

Kim Dixon, Clerk