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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
REZONING HEARING March 9, 2010
The Board of County Commissioners of Cecil County met for the purpose of a rezoning hearing at the County Administration Building, 200 Chesapeake Blvd., Elkton, MD on Tuesday, March 9, 2010. The following members of the Board were present:
Brian L. Lockhart, President Rebecca J. Demmler, Vice President Wayne L. Tome, Sr., Commissioner Robert J. Hodge, Commissioner
Constituting a majority Board.
The meeting was called to order by President Lockhart at 3:30 p.m. and opened with the Pledge of Allegiance.
File No. 2010-01- Applicant: Cynthia Monger. Property Location: Corner of Little Egypt Road & New London Road, Elkton, MD. Election District: 4, Tax Map: 7, Parcels 298, 299 & 300. Presently Zoned: Suburban Residential (SR). Request: To rezone 3.5781 acres from Suburban Residential (SR) to Business General (BG). Property Owners: Cynthia L. Monger and Eric S. Sennstrom.
All witnesses presenting testimony were sworn in by Administrator Wein
Keith A. Baynes, attorney for applicant, and applicant, Cynthia Monger appeared before the Board and presented testimony in support of a rezoning request to rezone 3.5781 acres from Suburban Residential (SR) to Business General (BG), located at the corner of Little Egypt Road & New London Road, Elkton, MD.
Mr. Baynes presented testimony that the property is the former Monger Farm a 32 acre farm that has been in Ms. Monger's family. At one time, pre-dating zoning, there was commercial activity on the property, a gas station and store was operated by the Monger family.
The request is based upon a mistake in the 1993 Comprehensive Rezoning that failed to allow for commercial zoning at various intersections throughout Cecil County. This request is consistent with other intersections throughout the county that have planned commercial zoning such as: Route 273 and Appleton Road and Blueball Road and Route 273. Mr. Baynes cited numerous State Highway Administration traffic counts that data support the fact that this particular intersection is travelled more than any other intersection that is zoned for commercial activity.
Ms. Monger testified that the intended use for the property would be for a small commercial activity, perhaps a "Doggie Daycare", but at this time, does not have a definitive plan.
Commissioner Comments:
Commissioner Hodge asked for a best estimate of the time-frame in which commercial activity took place at the location.
Mr. Baynes responded that it was more than likely in the 1960's and 1970's, but could offer no definite time frame
David Black, Office of Planning & Zoning presented the staff recommendation of disapproval, based upon no mistake in the 1993 Comprehensive Rezoning and the Planning Commission's recommendation of disapproval, based upon no mistake in the 1993 Comprehensive Rezoning at their February 16, 2010 meeting.
Mr. Black read the findings of facts.
COMMENTS IN SUPPORT:
Sandy Buchanan, 466 State Road, West Grove, PA – commented in support the rezoning.
COMMENTS IN OPPOSITION:
William F. Riddle, Attorney – on behalf of adjoining land owners, commented in opposition to the rezoning request. He stated that this was an example of "spot zoning" and stated there are site and traffic issues with the intersection.
Sue Fuhrman, Elkton, MD – spoke in opposition and stated that this rezoning was a conflict of interest.
Alan Fox, Ellwood Lane, Elkton, MD – spoke in opposition to the rezoning request and stated that the intersection was a hazardous area.
Lois Drake, 11 East Parkway, Elkton – spoke in opposition to the rezoning request.
Earl Loomis, 11 East Parkway, Elkton – spoke in opposition to the request and stated that there are commercial shopping districts within a three minutes drive from either direction, and there is no demonstrated change to this area that would warrant a rezoning.
Ron Hamlen, 11 Locharron Drive, Elkton – commented in opposition and spoke of a conflict of interest in the rezoning, as a result of the co-owner Mr. Senntrom and his position in the Office of Planning & Zoning.
John Williams, 1 Woodbine Circle, Elkton – commented in opposition and stated that there have been no significant changes in this area that would warrant a rezoning.
Virginia Baldwin, New London Road, Newark, DE – commented in opposition and spoke of the significance of a historic marker located in the area.
Mr. Baynes offered closing remarks and stated that there was absolutely no evidence of any conflict of interest and that Mr. Sennstrom should be afforded the same right to apply for a rezoning request as any other property owner in Cecil County.
This matter will be placed on the Board's agenda for March 16, 2010 for a decision.
With no further business, the meeting adjourned. > |