KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met on Tuesday, April 22, 2008, in the 2^nd Floor Conference Room at 400 High Street, Chestertown, MD 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 Gerber, Community Planner; Amy Moredock, Environmental Planner; Mitch Mowell, Planning Commission Attorney.

The following members of the public were also in attendance: Diane and Tom Yeakle of 1128 Green Point Road, Worton; and Chris and Bill Kirk of 11200 Green Cove Drive, Worton.

The purpose of this meeting was to discuss in general the vacation and transient uses in the Marine District, as well as a general discussion of planning in Kent County; i.e. existing marinas, sizes, locations, number and type of slips, availability of infrastructure and procedures.

The Planning Commission discussed requirements for sending recommendations on zoning text amendments.  Mr. Mowell noted that during the last comprehensive rezoning, the workgroup came to a consensus decision to remove lodging from marinas due to the fact that little marine zoning exists in the county and other uses such as houses and/or lodging would overshadow the marine uses. The Intense Marine was removed, where lodging was a permitted use, because there were so few marine zoned lands.  The purpose was to preserve marine industry and waterman.  The only Intense Marine District in the county was annexed by Chestertown.

Discussion of Need:

The Planning Commission discussed the public need for the preservation of marine uses and the difference in a public need vs. private need.  Tourism’s need is to have lodging in areas near the water.

A discussion took place concerning special exceptions and permitted uses in the Marine District.  Members also discussed size requirements and the continuation of slips available to the public.  Members also discussed transient slips.

The group discussed its comfort with giving up marina land for non-marina uses.  Ms. Morris and Mr. Hickman discussed preserving natural resource-based industry (agriculture and water) vs. preserving the only industry with growth potential, tourism.

Public vs. Private Water/Sewer:

Staff reported that all marinas but Worton Creek Marina, The Wharf at Handy’s Point, Green Point Marina, and Gregg Neck Marina have public systems/hook-ups.  Great Oak has community septic.

Moorings/Lodging/Restaurants:

Moorings are available at Worton Creek, Langford Bay, Georgetown, Long Cove and Great Oak – not many marinas have moorings.  Lodging is available at Great Oak.  Restaurants are available at Worton Creek Marina and Tolchester.  Most marinas have houses of some sort.

Additional discussion:

Members reviewed information presented by staff noting:

• There are not an excess of available slips.
• Tourism is a car-driven industry as well as location-driven and not necessarily marina-driven.
• A buffer is appropriate for a new use that is not marine-related.  The buffer could be as large as 200 feet.
• The Commission is troubled by prohibiting lodging but there is a need to restrict lodging in the Marine District for the good of the county as well as the ordinance/comprehensive plan.
• Need to retain slips.  The approval of a facility for overnight accommodations shall not impose restrictions that will preclude the use of the marina and property for commercial marine uses permitted in the Marine Zoning District, including boat building, storage, and repair, however the continuation of these uses shall not be required.
• Where they exist, historic structures shall be incorporated into the overall project.

After a lengthy discussion the Planning Commission requested staff to prepare a draft text amendment for their review that would include lodging/residence clubs as a special exception with conditions that may include

-          A size requirement which would include a certain acreage

-          Continuation of existing uses slips and include language protective of marine uses

-          An imposed buffer

-          Definition of private destination/residence club;

-          Definition of ownership and payment of the room tax;

-          Prohibition on the lodging/club becoming private homes;

-          Percentage of lot coverage 

The Planning Commission reviewed the following procedures for testifying before the Commission:

-          Time limits should be set for testimony at the Planning Commission meeting.

-          Instead of individual copies of citizen comments, staff is to notify Planning Commission members when comments are available for review in the office.

-          Dinner breaks will be held at 6:00 p.m.

Meeting was adjourned at 9:50 p.m.

________________________________

Elizabeth Morris, Chairman

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