MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
REZONING HEARING
November 1, 2004
The Board of County Commissioners of Cecil County met in regular session at the County Administrative Building 107 North Street , Elkton , MD on Monday, November 1, 2004 . The following members were present:
Nelson K. Bolender, President
Phyllis Kilby, Vice President
Harry A. Hepbron, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, Commissioner
Constituting a full Board.
The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance.
Linda Prince, Court Reporter, Port Deposit MD, recorded a verbatim transcript of this public hearing.
All witnesses presenting testimony were sworn.
File No. 2004-21: Applicant: Keith A. Baynes. Property Location: N/S Fletchwood Rd. , Elkton MD. Election District: 4. Tax Map 21, Parcel: 884. Presently Zoned: Business Intensive, (BI). Request: To rezone 2.71 Acres from Business Intensive (BI) to Multifamily Residential, (RM) Property Owners: Persimmon, Inc., & Lime Creek Holding Co., c/o Michael Davitt.
Keith A. Baynes, Attorney appeared with Michael Davitt, an officer of Persimmon, Inc., and Lime Creek Holding, to request a parcel consisting of 2.71 acres of undeveloped land on the north side of Frenchtown Road at its intersection with Persimmon Lane be rezoned from Business Intensive (BI) to Residential Multifamily (RM). The basis of the request is that there was a mistake in the 1993 Comprehensive Rezoning, wherein the property was zoned BI in anticipation of a need for additional commercial development. The property continues to be vacant. Across the street is a small commercial strip that contains 4 commercial units. The history of the property is that one-half of the units are consistently vacant. There is another commercial unit approximately one half of a mile to the west and only one shop has been rented to a commercial business. The other commercial spaces are filled with non-paying charitable organizations. Mr. Baynes submitted a letter from the Cecil County Department of Economic Development indicating that said Department has no objection to this rezoning request.
Eric Sennstrom, Director, testified that both the Planning Staff and the Planning Commission recommended approval of this rezoning request. Clifford Houston presented the Planning Staff’s findings of fact.
COMMENTS IN SUPPORT/OPPOSITION: None.
Commissioner Hepbron made a motion to approve the rezoning based upon mistake in the 1993 Comprehensive Rezoning. Commissioner Manlove seconded the motion and was unanimously carried to approval.
FILE NO. 2004-22 – Applicant: Locust Point Enterprises, LLC, Property Location: S/W Locust Point Road , Elkton , MD. Election District: 2, Tax Map: 38, Parcel: 348. Presently Zoned: Northern Agricultural Residential, (NAR). Request: To Rezone 5 acres from Northern Agricultural Residential, (NAR) to Maritime Business, (MB). Property Owner: Locust Point Enterprises, LLC, c/o Richard A. Guttendorf, Jr.
All witnesses presenting testimony were sworn.
David H. Parrack, Attorney on behalf of Locust Point Enterprises, LLC presented a request to rezone 5 acres of land located on Locust Point Road , Elkton , MD from Northern Agricultural Residential (NAR) to Maritime Business (MB). Mr. Parrack presented evidence indicating that the applicant purchased the property known as Locust Point Marina in the fall of 2000. The parcel currently has two zonings. Approximately 5.5 acres is zoned Maritime Business (MB), with the balance of the parcel, approximately five acres, being zoned Northern Agricultural Residential (NAR). Applicant presented testimony and exhibits demonstrating that at the time of its purchase of Locust Point Marina parcel 348 was being used to store boats and trailers in conjunction with the marina use. After its purchase in 2000 the applicant has continued to use the property for the storage of boats and trailers.
The former owner, Barbara Paruszewski presented testimony that she purchased Taylor Marina in 1985. Taylor Marina adjoins Locust Point Marina . Ms. Paruszewski testified that during the time she owned Taylor Marina she occasionally used parcel 348 for the storage of boats and trailers from her marina.
Christopher Wallace also testified that as general manager and an employee of Locust Point Marina since 1984 he was in charge of storage of boats and trailers on parcel 348.
Mr. Parrack submitted letters from residents of the Locust Point area in support of the request. A total of 8 exhibits were submitted into evidence.
Director Sennstrom testified that both the Planning Commission and Staff recommended disapproval of the application based upon no demonstration of a mistake or substantial change in the character of the neighborhood. Cliff Houston presented Planning Staff’s finding of facts.
COMMENTS SUPPORT/OPPOSITION: None
Motion was made by Commissioner Hepbron, to approve the request, based on a mistake in the 1993 Comprehensive Rezoning. The motion was seconded by Commissioner Manlove and unanimously carried to approval.
File No. 2004-23: Applicant: Ronald D. and Cheryl Creeger. Property Location: Sylmar Industrial Park , Rising Sun, MD. Election District: 6, Tax Map 4, Parcels: 26 & 186. Presently Zoned Village Residential, (VR). Request to rezone 1.46 Acres from Village Residential, (VR) to Business General, (BG). Property Owner: Harold and Jewelyn Montgomery.
All witnesses presenting testimony were sworn.
Keith A. Baynes, Attorney and Ronald Creeger appeared on behalf of the above request to rezone the remaining 14.592 acres of the Sylmar Industrial Park located east of U.S. Route 1 from Manufacturing Industrial (M1) to Business General (BG) for the construction of a new hardware store. Photographs were presented to the Board of the subject property.
Testimony was presented that this parcel has unsuccessfully been marketed for industrial use. Photographs and testimony demonstrating that this property was surrounded by other commercially used property was presented.
Mr. Baynes is basing this request upon a mistake in the 1993 Comprehensive Rezoning.
Director Sennstrom testified that both the Planning Staff and the Planning Commission recommended approval of this rezoning request. Cliff Houston, Zoning Administrator presented the staff findings of fact.
COMMENTS SUPPORT/OPPOSITION:
None
Motion to approve the request to rezone parcels 26 and 186, Lots 3 and 4, from Manufacturing Industrial to Business General (BG) was made by Commissioner Hepbron, based upon mistake in the 1993 Comprehensive Rezoning. Vice President Kilby seconded the motion, which was approved unanimously.
File No. 2004-16: Applicant Jacob Charles and John Miller 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 rezone 102.6413 Acres from Northern Agricultural Residential (NAR) to Development Residential (DR) and land use district change from Rural Conservation District to Development District. Property Owner: Jacob Charles Bailiff and John Miller Bailiff.
All witnesses presenting testimony were sworn.
Robert V. Jones, Attorney appeared with the applicants, Jacob Charles Bailiff and John Miller Bailiff. Representatives of the Elliott Building Group as well as the proposed developers of the property also appeared to present a request to rezone approximately 72 acres of property located west of Bailiff Road from Northern Agricultural Residential (NAR) to Development Residential (DR). In addition, the applicant is seeking the expansion of the Development District to include 72 acres as part of the Development District and remove it from the Rural Conservation District. The entire parcel 48 on map 24 consists of 102.6413 acres, however approximately 30 acres of the property is currently in the Development District and is already zoned DR.
Mr. Jacob Bailiff testified that the property has been owned by his family since 1926. He and his brother inherited the property five years ago. The property has not been farmed in three year and only 24 acres of the subject 72 acres are tillable. The rest of the property is not suitable for farming purposes. The property is surrounded by housing development and the Logan property, which presently houses a horse farm.
David Shafkowitz of the Elliott Building Group of Langhorne Pennsylvania testified and presented the background of his company and the interest in developing a planned residential community of approximately 125 single family homes on the property. The number of units is less than the maximum 154 units permissible, if the parcels on both sides of Bailiff Road were developed to their maximum.
James Keefer, a landscape architect with Morris & Ritchie, appeared and presented a concept plan for the Bailiff property. He also presented a map of the area showing the zoning parcels. He testified relating to the proximity of the Bailiff property to numerous residential developments and the Cecil County Dragway. He rendered his opinion as to the most suitable use of this property.
Timothy F. Madden of Morris & Ritchie, a certified planner and registered landscape architect testified relating to the boundary line of the subject property. He indicated that the line between the Rural Conservation District and the Development District was improperly drawn, thereby splitting the Bailiff property into both districts. He further testified to the extension of public water and sewer.
COMMENTS SUPPORT/OPPOSITION:
Mr. and Mrs. Ron Demmler testified in opposition to the rezoning request.
Mr. Jones testified that the request is made based upon a mistake in the split zoning of the property.
Director Sennstrom, testified that both the Planning Staff and the Planning Commission recommended disapproval of the requested rezoning based upon a failure to establish a mistake in the zoning of this parcel in the Comprehensive Rezoning of 1993 and a failure to establish a change in the character of the neighborhood since the said Comprehensive Rezoning. Cliff Houston, Zoning Administrator read the Planning Staff’s findings of fact.
Vice President Kilby made a motion to disapprove the requested rezoning based upon a failure to establish an error in the zoning of the property at the time of the 1993 Comprehensive Rezoning and a failure to establish a change in character of the neighborhood. Commissioner Guns seconded the motion. The motion was carried by a majority vote.
VOTE: Bolender – Y Kilby – Y Hepbron – N
Malove – Y Guns – Y
____________________________
Alfred C. Wein, Jr.
County Administrator
APPROVED:
_________________________
Nelson K. Bolender
President