COUNTY COMMISSIONERS

 

REZONING HEARING

August 24, 2005

 

 

          The Board of County Commissioners of Cecil County met for the purpose of a Rezoning Hearing at the County Administrative Building 107 North Street, Elkton, MD on Tuesday, August 24, 2005 at 2:30 PM.  The following members were present:

 

            Nelson K. Bolender, President

            Harry A. Hepbron, Vice President

            Phyllis Kilby, Commissioner

            William C. Manlove, Commissioner

            Mark H. Guns, Commissioner

 

            Constituting a full Board.

 

            The meeting was called to order by President Bolender at 2:30 p.m. and opened with the Pledge of Allegiance.

 

            Linda Prince, Court Reporter, Port Deposit MD, recorded a verbatim transcript of this public hearing.

 

File No. 2005-11 - Applicant:  Herron 393, LLC, David Herron. Property Location:  Zeitler Road, Elkton, MD.  Election District: 3, Tax Map: 26 Parcels: 21 & 23.  Presently Zoned:  Suburban Residential, (SR). Request:  To rezone 393 Acres from Suburban Residential, (SR) to Multifamily Residential (RM) and Business General, and Heavy Industrial,  (M2)   Property Owner:  Marva Ltd., Partnership.

 

            All witnesses presenting testimony were sworn by Al Wein, County Administrator.

 

            On behalf of the applicant, Jay Young, Attorney, Mike Pugh, Corridor Land Services, Creigh Rahenkamp, Expert Land Planner and David Meisken, Developer appeared before the Board in support of the rezoning request in File No. 2005-11 Herron 393, LLC, David Herron.

 

            Mr. Rahenkamp made a presentation to the Board relative to the proposed plan for the parcel of land located on Zeitler Road in Elkton, MD, based upon a mistake in the 1993 Comprehensive Rezoning.  He presented a site plan that was marked Applicant’s Exhibit #1.  The plan as presented, will allow for approximately 1,500 units to include, single family homes as well as multi-family residential with a small amount of commercial use. Mr. Rahenkamp offered his expert opinion in the field of land-use and described the advantages for the community of increased multi-family residential as opposed to single family residential. The requested Heavy Industrial (M2) zoning will allow for a larger buffer area surrounding the existing ATK Facility.  This parcel is located within the County’s development district and is within the County’s Master Water & Sewer Plan area.

 

            Mr. Pugh spoke relative to the Heavy Industrial Zoning (M2) and advised the Board of several meetings with ATK officials.  He presented a letter from ATK, which was marked as Applicant’s Exhibit #2, in concurrence of the proposed buffer as presented.

 

            Discussion took place between the Board and presenters relative to Environmental Protection Agency’s current quarantine of the parcel and the level of clean-up initiatives that may be required as a result of their findings.  Mr. Young advised the Board that the applicant is willing to stipulate that no development will occur until the parcel has been designated as suitable for “residential standards”, according to the EPA guidelines.

 

PUBLIC COMMENT:

 

Ronald Demmler, 30 Childs Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and stated in his opinion, there was no mistake in the 1993 Comprehensive Rezoning.

 

Rebecca Demmler, 30 Childs Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC.

 

Richard Boyce, 100 Harvest Lane, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and commented relative to the contamination.

 

Tom McWilliams, 245 Plum Point Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and commented relating to the levels of contamination and various stages of clean-up that may be required by the EPA.

 

John Bowlsbey, 73 Laurel Run Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and commented relative to the amount of residential homes the proposed plan presents. 

 

Bryan Demmler, Main Street, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and offered his opinion that the parcel best be used for industrial purposes.

 

Dito Papgano - spoke in opposition of the request to rezone by Herron 393, LLC and stated that it was premature to consider any rezoning until such a time the EPA renders their decisions.

 

Lindsie Carter, 131 Blacksnake Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and commented relative to the contamination at the site. She presented correspondence from the EPA dated 1992, to the Board and it was labeled as Opposition’s Exhibit #1.

 

Carmen Lagarelli, 938 Black Snake Road, Elkton – spoke in opposition of the request to rezone by Herron 393, LLC and read a January 5, 1993 Cecil Whig article, entitled “County posts maps for rezoning plans”.  He then read a letter dated September 9, 2004 from President Bolender, addressed to John McDaniel, 1068 Singerly Road, Elkton regarding the 1993 Comprehensive Rezoning.

 

Alice Arbuckle, 42 Matthew Bathon Court, Elkton – read a prepared statement in opposition to the requested rezoning of Herron 393, LLC and presented an overhead presentation. 

 

Luke Arbuckle, 42 Matthew Bathon Court, Elkton – read a prepared statement in opposition to the requested rezoning of Herron 393, LLC and presented an overhead presentation.

 

            Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation presented the Staff Recommendation:  Approval based on:  1). Mistake by County to not provide high density development opportunities in the Designated Growth Area 2).  Not to contemplate inclusion in future service areas for water and sewer.  3). Not to provide adequate commercial opportunity in the area. 4). Not to include M-2 buffer next to industrial use.  Mr. Sennstrom advised the Board that the Planning Commission recommended disapproval.

 

            Mr. Clifford Houston, Zoning Administrator read the Findings of Fact.

 

            A motion was made by Commissioner Manlove to approve the rezoning request of Herron 393, LLC, based upon a mistake in the 1993 Comprehensive Rezoning Plan.  The motion was seconded by Vice President Hepbron and carried to approval by a majority vote of 4-1.

 

VOTE:           Bolender – Y                        Hepbron – Y             Kilby – N

                        Manlove – Y             Guns – Y

 

            There being no further business, the meeting concluded.

 

 

           

 

 

 

                                                                                    _________________________

                                                                                    Alfred C. Wein, Jr.

                                                                                    County Administrator

 

APPROVED:

 

_________________________                                 

Nelson K. Bolender

President