|
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS REZONING HEARING July 29, 2008 The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, July 29, 2008. The following members of the Board were present:
William C. Manlove, President Mark H. Guns, Vice President Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner
Constituting a full Board.
The meeting was called to order by President Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.
Alfred C. Wein, Jr., County Administrator read the application and swore in all witnesses presenting testimony.
File No. 2008-010 - Applicant: Jacob Bailiff. Property Location: 424 Bailiff Road, North East, MD. Election District: 5, Tax Map: 24, Parcel 48. Presently Zoned: Northern Agricultural Residential, (NAR). Request: To amend the Comprehensive Plan from Rural Conservation District to Development District and to rezone 72 acres from Northern Agricultural Residential, (NAR) TO Development Residential, (DR). Property Owner: Jacob C. and John M. Bailiff.
Keith A. Baynes, Attorney for applicants, appeared with Jacob and John Bailiff in support of a request to rezone 72 acres, located at 424 Bailiff Road, North East, MD from Northern Agricultural Residential (NAR) to Development Residential (DR). In addition the applicants are requesting to amend the Comprehensive Plan from Rural Conservation District to Development District.
Mr. Baynes presented the following documentation to the Board: Cecil County Land Use Plan Map; Master Water & Sewer Plan Water Service Areas; Master Water & Sewer Plan Sewer Service Area Maps, which were marked as Applicants Exhibits 1, 2 & 3 respectively.
Mr. Baynes advised the Board that the entire parcel is approximately 102 acres and that the rezoning encompasses property located on the west side of Bailiff Road. The property is surrounded by Cecil County Drag Strip and several housing projects. Water and sewer are available to the property and he contends that there was a mistake in the last Comprehensive Rezoning, in using Bailiff Road as opposed to a natural boundary, which he suggested would be Stony Creek.
The remainder of the Bailiff property located on the east side of Bailiff Road is currently zoned Development Residential (DR) and the applicants desire to be able to develop the property.
Mr. Baynes advised the Board that the applicants would be in agreement to amending the application from Development Residential (DR) to Suburban Residential (SR) if the Board would allow them to make the amendment.
COMMENTS SUPPORT/OPPOSITION:
Robert Adams, 532 Bailiff Road, North East, MD - spoke in opposition to the request for rezoning, his concerns are for the roads and schools.
Fred Issac, 712 Bailiff Road, North East - spoke in opposition to the rezoning request.
Ted Logan, 360 Logan Road, North East - spoke in opposition to the request for rezoning. Mr. Logan owns the surrounding farm and stated that this land has been farmed for many years, he is concerned that by changing the rezoning, it will allow for future zoning changes in this rural area.
Patricia Cameron, Montgomery Oaks, North East - spoke in opposition to the rezoning request.
Joyce Koger, North East, MD - spoke in opposition to the rezoning request.
Eric Sennstrom, Director of Planning & Zoning presented the staff finding to the Board. The Planning Staff recommended approval of the change from Rural Conservation District (RCD) to Development Residential (DR) based upon a mistake in the 1993 Comprehensive Rezoning.
The Planning Commission recommended disapproval of the land use and disapproval of the rezoning, no mistake, Bailiff Road is the proper boundary for the change in land use.
Clifford Houston, Zoning Administrator read the findings of facts.
Mr. Houston also read a letter from the Maryland Department of Planning that stated this rezoning would not be consistent with the department's smart growth plan.
Jacob Bailiff advised the Board that Stony Creek would be more of a natural border and that it runs along I-95.
John Bailiff advised the Board that this farm has been in his family since the 1920's and that they are no longer able to farm the property profitably.
No motion was made by the Board to allow for this application to be amended.
The decision for this rezoning request will be placed on the Board of County Commissioner's agenda on August 19, 2008.
Administrator Wein read the following application and swore in all witnesses presenting testimony.
File No. 2008-11 - Applicant: Collette's Inc. Property Location 4905 Pulaski Highway, Perryville, MD 21903. Election District: 7, Tax Map: 29, Parcel: 637. Presently Zoned: Business General (BG). Request: To rezone 6.2529 from Business General, (BG) to Business Intensive, (BI). Property Owner: David & Kathleen C. Collette.
Keith A. Baynes, Attorney for applicants appeared with David & Kathleen C. Collette in support of a rezoning request to rezone 6.2529 acres from Business General (BG) to Business Intensive (BI).
Mr. Baynes presented the following documentation: Photograph and supporting letter from the Collettes and a packet of approximately 27 letters and one signed petition in support of the rezoning request. The documents were marked Applicants Exhibits 1 & 2 respectively.
Mr. Baynes advised the Board that the applicant's seek rezoning of this property from Business General (BG) to Business Intensive (BI), due to a Maryland state regulation that requires businesses that perform commercial axle inspections, to be zoned Business Industrial (BI). He advised the Board that when the Collette's requested the original rezoning five-years ago, they were unaware of this regulation.
The request is based upon substantial change in the neighborhood, based upon the growth of the shopping center to the west and the medical building to the east.
Mr. Collette stated that he is the only licensee in this area that is certified to perform these type of inspections and that many area businesses depend on the services, including local bus companies as well as local fire departments. He further stated that there would be no further improvements or changes to the property as a result of this zoning change. He also stated that the loss of this revenue would be detrimental to his business.
Vice President Guns commented about the previous rezoning and stated that it was his understanding, there would be no truck storage at the location when the property was rezoned to Business General several years ago, and the area is currently storing trucks. He is concerned that if the property was to be further rezoned what type of business activity would be taking place.
COMMENTS SUPPORT/OPPOSITION:
Joseph Gilbert, commented in support of the rezoning, he stated that the Collette's support the local businesses and volunteer fire companies with services through their business. He further stated that this location would be a safer ingress/egress for school buses, and that Collette's are the only inspections close by for local businesses.
Mary Martin, 4899 Pulaski Hwy., commented in opposition to the rezoning request. She owns the adjoining business and is concerned about the location of a truck terminal next door. She does not support a Business Intensive Zoning at this location.
Bill Martin, Jr., commented in opposition to the rezoning request and stated that he owns several residents in Chesapeake Landing and is concerned for the traffic issues associated with this type of zoning.
Bill Martin, Sr., commented in opposition to the rezoning request.
Zoning Administrator Houston advised the Board that he had received a letter of opposition from Wayne Lambert.
Director Sennstrom presented the staff recommendation of disapproval, no demonstrated mistake or change since the last Comprehensive Rezoning.
The Planning Commission recommended approval, based on change since the last Comprehensive Rezoning.
Zoning Administration Houston read the findings of facts.
The decision for the rezoning request will be placed on the Commissioners agenda for August 19, 2008.
> |