MINUTES OF THE BOARD OF
COUNTY COMMISSIONERS
REZONING HEARING
December 17, 2002
The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, December 17, 2002. The following members of the Board were present:
Nelson K. Bolender, President
Phyllis Kilby, Commissioner
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 5:30 p.m.
Carol Beresch, 129 East Main Street, Elkton, MD 21921, recorded a verbatim transcript of this public hearing.
- KINGS WAY NINETY-FIVE, INC. REZONING
FILE NO. 2002-10 APPLICANT: Kings Way Ninety-Five, Inc., PROPERTY LOCATION: 189 Bell Hill Road, Elkton, MD 21921, election District 3, Tax Map: 27 parcel: 260, 257, 1129-lot2. PRESENTLY ZONED: Developmental Residential (DR) REQUEST: Rezone 26 acres from Development Residential (DR) to Business Intensive zone. PROPERTY OWNER: Todd Montgomery.
County Administrator Wein read the application, and all witnesses were sworn.
H. Barry Montgomery, John K. Burkley, II and Patrick J. Ulrich appeared before the Board to present testimony.
Mr. Montgomery presented a map depicting the exact location of property (Applicants Exhibit 1). Three aerial photographs were also presented (Exhibit 2 – a). b.) & c)). He described the property and the fact that he believed there was an error in the original zoning of the parcel during 1993 Comprehensive Plan.
John K. Burkley, II, presented testimony as to what he believes was a mistake in the zoning of this land, and that based on its location, the fact that it is bordered on three sides by businesses, and the fourth side by power lines – it only makes sense to use this property as industrial or commercial. He presented a large aerial photograph of the area. Mr. Burkley stressed that the proximity to I-95 and direct access to Route 279 makes this a perfect site for business.
Mr. Burkley responded to Commissioner Guns that there was not an infrastructure of this area available at this time.
Mr. Montgomery indicated that all the adjoining properties are serviced by the Town of Elkton, and that a water and sewer line run through the front of the property. Annexation into the Town was unsuccessful in 1997- 98. Due to the intended nature of the property, possible flex-space, warehousing type situation, he believes there will be ample water and sewer available.
In response to Commissioner Kilby, Mr. Montgomery indicated that the proposed annexation into the Town in 1997-98 was the same proposal as is now. He also indicated that the he possessed letters stating that the Planning Office was in agreement to have it rezoned at that time.
Mr. Ulrich testified regarding the recent physical changes in the area, namely the new Hampton Inn; Cracker Barrel Restaurant; High’s Store; Taco Belle & KFC. By rezoning this property, it will allow additional industry to come into the County.
Mr. Ulrich responded to Commissioner Kilby’s question about any zoning changes in the area. He indicated the recent businesses were originally zoned C-2, C-3 and there had not been any zoning changes. That this is a very popular, desirable area due to the proximity of the I-95 Interchange.
In response to Commissioner Manloves’s inquiry as to the possibility of annexation into the Town of Elkton in the near future, Mr. Montgomery stated that he has spoken with Town Officials numerous times, the last time approximately one month ago, and that the Town has no plan to annex in the near future. He further stated that if in fact, the Town were to annex, the current zoning would allow for housing. With his current plan for the property, it would only require minimal water sewer use.
Mr. Burkley added that from a market standpoint, rezoning at this time would be advisable, as the industrial market is as strong as it has ever been and will not last forever. By rezoning and developing now we will be able to attract business.
Mr. Montgomery stated that due to the commercial intersection there are a lot of service users that want this accessibility, he feels this is a good move for the County, it will create jobs and tax base. This is not an appropriate place to put houses.
In response to Commissioner Guns question regarding access from Appleton Road, Mr. Montgomery stated that would not happen. There is some wetland area that will not be disturbed and a buffer zone, he stated that it would be prohibited to do disturb that area.
COMMENTS IN SUPPORT –
Douglas Johnson, Blue Ball Road, Elkton, spoke in favor of the rezoning. Mr. Johnson feels there was a mistake in the 1993 rezoning for this property. He stated that this area is clearly a business district and that we must provide land for this type of use.
Mr. Ray – I couldn’t understand a word he said.
COMMENTS IN OPPOSITION –
Zoning Administrator, Houston read one letter in opposition that was sent from Mrs. Dianne Hair, 19 Feeder Road, Elkton. In her letter Mrs. Hair’s concerns have to do largely with the increased traffic and the condition of Belle Hill Road, specifically, the lack of drainage and shoulders on the road.
Eric Sennstrom, Director of Planning and Zoning indicated that the Planning Commission has recommend approval of this rezoning.
Zoning Administrator, Houston read the Findings of Fact for file 2002-10. A copy is attached to the minutes.
A motion was made by Commissioner Kilby to disapprove the rezoning application submitted by Kings Way Ninety-Five, Inc., due to the fact that there has not been any significant change to the area, other than change that naturally occurs in the area, because of the zoning what was intended for the area.
Motion died for lack of a second.
Motion made by Commissioner Guns, seconded by Commissioner Hepbron and a third by Commissioner Manlove to approve the rezoning application submitted by Kings Way Ninety-Five, Inc., to rezone 26 acres from Development Residential (DR).
VOTE: Commissioner Kilby – N, Commissioner Hepbron – Y,
Commissioner Manlove – Y, Commissioner Guns – Y