MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

May 4, 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, May 4, 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

                James T. Mullin, Commissioner

Constituting a majority Board.

The meeting was called to order by President Lockhart at 2:00 p.m. and opened with the Pledge of Allegiance.

File No. 2010-02 – Applicant: Agent Manor Road Lots, LLC c/o Dwight Thomey, Agent. Property Location: Near the intersection of Belle Hill Road & Appleton Road, Elkton, MD  21921. Election District: 3, Tax Map: 303, Parcels 1131, & 1132, Lots 4 & 5.  Presently Zoned:  Development Residential, (DR).   Request:  To rezone 8.127+/- acres from Development Residential, (DR) to Multi-Family Residential, (RM). Property Owner: Kings Way Ninety-Five, Inc., c/o H. Barry Montgomery

All witnesses presenting testimony were sworn.

Dwight Thomey, Attorney, appeared in support of a rezoning request by Agent Manor Road, LLC of the rezoning request and introduced Steven Moore, Stravou Associates, Inc., and Ray Jackson, who provided the Board with a brief presentation of the proposed project relating to this rezoning request. 

Applicant proposes a multi-family residential complex that will offer work force affordable housing at said location that will be developed, owned and operated by the Stravrou Associates.

Commissioner Demmler commented that water & sewer is currently not available to these parcels at present and questioned the timing of this request.

Mr. Thomey advised that the rezoning request is only the initial phase of the project and that the applicant is hopeful that this project will work in parallel with the water & sewer infrastructure plan.

The request is based upon a mistake in the 1993 Comprehensive Rezoning that failed to allow for greater density levels throughout the development district, particularly in the area of the I-95 Interchange area.  Mr. Thomey further based the request on significant change in the area since the 1993 Comprehensive Rezoning and cited two rezoning in the area, Rezoning 2002-10 and 2007-04; additionally he cited a recent Board of Appeals ruling which allows for mixed unit development across Belle Hill Road from the subject property.

Eric Sennstrom, Director of Planning & Zoning presented the staff recommendation of approval, based upon mistake in the 1993 Comprehensive Rezoning and significant change in the character of the neighborhood. 

The Planning Commission made a recommendation of approval, based upon a mistake in the 1993 Comprehensive Rezoning and significant change in the character of the neighborhood at their April 19, 2010 meeting.

Cliff Houston, Zoning Administrator read the findings of facts.

COMMENTS IN SUPPORT/OPPOSITION:

No comments were offered.

Mr. Thomey offered closing remarks in support of the rezoning request.

This matter will be placed on the Board's agenda for May 18, 2010 for a decision.

With no further business, the meeting adjourned.