MINUTES OF THE BOARD OF
COUNTY COMMISSIONERS
REZONING HEARING
June 2, 2004
The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, June 2, 2004. The following members of the Board were present:
Nelson K. Bolender, President
Phyllis Kilby, Vice President
William Manlove, Commissioner
Mark H. Guns, Commissioner
Constituting a majority Board.
The meeting was called to order by President Bolender at 5:00 p.m. and opened with the Pledge of Allegiance.
Carol Beresh, Court Reporter, recorded a verbatim transcript of this public hearing.
- JOHN VAN DYKE, SR. – FILE NO. – 2004-06
FILE NO: 2004-06. APPLICANT: John Van Dyke, Sr.: PROPERTY LOCATION: 290 Stevens Road, Rising Sun, MD 21911. ELECTION DISTRICT: 6. TAX MAP: 3, PARCEL: 202. PRESENTLY ZONED: Northern Agricultural Residential, (NAR). REQUEST: Request to rezone 3.8 Acres from Northern Agricultural Residential, (NAR) to Business General, (BG). PROPERTY OWNER: John Van Dyke, Sr.
County Administrator read the application and the sworn in all witnesses.
David H. Parrack, Attorney for the Applicant, presented the Board with the Applicant’s request for rezoning and provided the following:
A request from the applicant, John Van Dyke, Sr., to rezone 3.8 acres of the existing 33 acres at the intersection of US. Rt. 1 and Stevens Road in Rising Sun, MD. Presently there is a two-acre area that is zoned Business General (BG). In 1990 Mr. Van Dyke went before the Board for a rezoning request to use a portion of his property as a garage/trucking business. At that time two acres was rezoned to (BG). The two acres is currently not a sufficient amount of area for use of parking the trucks, therefore, Mr. Van Dyke is requesting the adjoining 3.8 acres be rezoned from (NAR) to (BG).
Mr. Parrack advised the Board, that there has not been any recent rezoning in the area, however, pointed out the existing (BG) properties in the area and their proximity to Mr. Van Dyke’s property. Mr. Parrack further advised the Board that he believes there to be a mistake in the 1993 Comprehensive Plan. He cited Maryland Law to support his argument of “failure to anticipate trends.” Mr. Parrack further stated that according to the American Trucking Association, the amount of the actual tonnage that is trucked has nearly doubled In 1990 the trucking industry employed 2,172 residents of Cecil County. By the year 2000, 7,404 residents of were employed by the trucking industry.
Mr. Parrack produced an aerial photograph of the Van Dyke property. He pointed out the subject area. He further advised the Board that the surrounding property owners are family members of Mr. Van Dyke and there is would be no opposition to the rezoning.
DISCUSSION:
Vice President Kilby requested clarification as to a property that was mentioned by Mr. Parrack as a recent rezoning.
Director Eric Sennstrom, Planning, Zoning, Parks & Recreation made further clarifications as to properties in the area and their zoning status.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
Director Sennstrom advised that the Planning Commission recommended disapproval, based upon no demonstrated mistake in last comprehensive rezoning, no demonstrated change since the last comprehensive rezoning.
Zoning Administrator Houston read the Finding of Facts.
Motion was made by Vice President Kilby to approve. Vice President Kilby clarified her decision to recommend approval. She explained the request is comparable to a rezoning recently granted on Ragan Road. Additionally, she stated that there is a great need for this kind of facility to support the agricultural businesses in the county and that currently there are limited facilities to support this type of operation.
Commissioner Guns, seconded the motion and it was unanimously carried to approve the rezoning request by Mr. Van Dyke.
VINCENT J. JONES - FILE No. 2004-07
APPLICANT: Vincent J. Jones and Vincent B. Jones. PROPERTY LOCATION: E/S MD Rt. 222, Perryville, MD; Election District: 7 TAX MAP: 29, PARCELS: 193, 304, 305 & 306. PRESENTLY ZONED: Development Residential (DR). REQUEST: Request to rezone 2.02 Acres from Development Residential, (DR) to Business General (BG). PROPERTY OWNERS: Vincent J. Jones, Vincent B. Jones and Sheila Anderson.
County Administrator Wein read the application and swore in the witnesses.
David H. Parrack, Attorney for the Applicant, appeared before the Board and presented the following:
Mr. Vincent Jones, one of the owners of the subject property appeared and stated that one of the subject parcels is owned by Shelia Anderson. He is currently under a contract with Ms. Anderson to purchase her parcel. The purpose of this rezoning request is to eventually sell the property for commercial use. Mr. Jones has had several inquires as to the purchase of his property. In 2002 a request to rezone was filed by Mr. Jones, however, withdrawn, due to traffic concerns that had arisen. Subsequently, Mr. Jones has contracted the Traffic Group to conduct a traffic study and make appropriate recommendations to resolve any traffic safety issues.
Mr. Parrack presented Tax Map 29 and defined ownership of each of the parcels on the map. The map was entered into evidence as Applicant’s Exhibit 1.
Mr. Wes Guckert, President of the Traffic Group appeared before the Board and offered his findings and recommendations regarding any traffic concerns that may exist. Mr. Guckert has been qualified as an expert witness in the area of traffic control and rendered his expert opinion as to the safety of ingress and egress utilizing the recommendations of his firm.
DISCUSSION:
Vice President Kilby inquired as to the location of the proposed entrance and exit. She also requested at which time of the day the traffic study was conducted.
The location of the entrance and exit was determined. Mr. Guckert further explained the various times and methods used in the traffic study.
Commissioner Guns asked for clarification of Mr. Parrack’s argument as to “mistake in the Comprehensive Plan.”
Mr. Parrack explained that the Comprehensive Plan calls for intensive commercial use around the interchanges of the county, specifically, those uses that cater to workers in the area. The entities that have expressed interest in this property, a convenience store and an auto parts store would fall in line with the plan.
Further discussion included the possibility of annexation into the Town of Perryville, water & septic problems in the area and the lack of water in the Reservoir Road area.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
Director Sennstrom advised that the Planning Commission recommended disapproval, based upon no demonstrated change in neighborhood since last comprehensive rezoning, no demonstrated mistake in last comprehensive rezoning.
Zoning Administrator Houston read the Finding of Facts.
Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to deny the rezoning request by Mr. Jones.
YORK BUILDING PRODUCTS /STEWART ASSOCIATES - FILE NO. 2004-08
APPLICANT: York Building Products Company/Stewart Associates. PROPERTY LOCATION: Elk Neck Blvd., Elkton, MD 21921. ELECTION DISTRICT: 5, TAX MAP: 42, PARCEL: 435. PRESENTLY ZONED: BUSINESS GENERAL, (BG). REQUEST: To Rezone 5.7 Acres from Business General, (BG) to Suburban Residential, (SR). PROPERTY OWNER: York Building Products Company, Inc.
County Administrator Wein read the application, and all witnesses were sworn.
David H. Parrack, Attorney for the Applicant appeared before the Board with a request to rezone 5.7 Acres from Business General, (BG) to Suburban Residential, (SR). Mike Vaughn, a representative from Stewart Associates appeared with Mr. Parrack on behalf of this request.
The property is located in the Villages of Elk Neck Community and was rezoned in 1991 from a residential status to a commercial status. During the conception of the project, the idea was to include a commercial property within the development to service the residents of the community. At this time it is the desire of the community not to have a commercial area in the community. A representative of the homeowner’s association was in attendance to speak on behalf of the community. Mr. Vaughn further added that the 5.7 acres could accommodate three homes.
COMMENTS IN SUPPORT:
John Clewer, President of the Elk Neck Village Homeowner’s Association, spoke on behalf of the residents and expressed their desire to have this property rezoned to a residential status.
COMMENTS IN OPPOSITION:
None.
Director Sennstrom advised that the Planning Commission recommended approval, based on change in neighborhood since last comprehensive rezoning.
Zoning Administrator Houston read the Finding of Facts.
Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the request of York Building Co.