The Board of County Commissioners of Cecil County met in regular session at the County Administrative Building 107 North Street, Elkton, MD on Tuesday, August 12, 2003.  The following members were present:

Nelson K. Bolender, President
Phyllis Kilby, Vice President
Harry A. Hepbron, Commissioner
William C. Manlove, Commissioner
Mark H. Gun, Commissioner

Constituting a full Board.

The meeting was called to order by President Bolender at 10:00 a.m. and opened with the Pledge of Allegiance.

Carol Beresh, Circuit Court Reporter, 129 East Main Street, Elkton, Maryland 21921, recorded a verbatim transcript of this public hearing.

- FILE NO. 2003-08 – APPLICANT:  Jo Ann Church.  PROPERTY LOCATION: S/W Corner of Frenchtown Road and Route 213, Elkton, MD.  Election District:  3, Tax Map: 33, Parcel: 410.  PRESENTLY ZONED:  Rural Residential, (RR).  REQUEST:  Rezone 1.98 acres from Rural Residential, (RR) to Business General, (BG) for the proposed use of a retail landscaping business or any other use permitted in a Business General, (BG) Zone.  PROPERTRY OWNER:  Jo Ann M. Church.

Court Reporter Beresh swore in all witnesses.

Michael J. Onifer, Attorney, Lawrence Church and Glen Eller appeared before the Board to present testimony.

Mr. Onifer introduced into evidence an Application Review Document, the document was marked Applicant Exhibit One.  Mr. Onifer offered to the Board that the applicant Jo Ann Church is seeking approval of the corner property of Augustine Herman Highway and Maryland Route 213, consisting of 1.98 acres from Rural Residential (RR) to Business General (BG) for the purpose of a proposed landscaping business or any other use used in a Business General (BG) zone. 

Safety concerns for access to the property, addressed by citizens in writing were addressed by Mr. Onifer as follows:  acceleration and deceleration lanes are present on Route 213; the property will be accessed through Route 213, or by Frenchtown Road, if 213 is deemed hazardous.  Mr. Onifer also offered that public water and sewer is not available at this location and there is no wetland designation for this area. 

Based on the population change in the area of 52.1%, and the above information provided, rezoning of this property from Rural Residential (RR) to Business General (BG) is requested.  

President Bolender entered into the record two letters of opposition that were submitted by Mary Maloney and Margaret Kaplow.

Cliff Houston Planning and Zoning advised the Board that staff recommended approval.

The Planning Commission recommended disapproval.

Mr. Houston read the Finding of Fact for file 2003-08. A copy of the Finding of Fact is hereto, included as part of these minutes.

Motion was made by Commissioner Manlove, to disapprove the rezoning request, seconded by Vice President Kilby and unanimously carried.

-FILE NO:  2003-09 – APPLICANT:  Michael Charles Smith.   PROPERTY LOCATION:  Rte. 274, Biggs Highway, North East, MD, Election District: 5, Tax Map: 19, Parcel:  612. PRESENTLY ZONED:  Business Local (BL).  REQUEST:  Rezone 1.2 acres from Business Local (BL) to Business General (BG) for the proposed use of a car wash business or any other use permitted in a Business General (BG) zone.  PROPERTY OWNER:  Eugene and Nancy Racine. 

Court Reporter Beresh swore in all witnesses.

Michael C. Smith, Charles Smith and Gene Racine appeared before the Board.

Mr. Charles Smith spoke for the group and offered the following information:  there has been a significant change in the area over the last several years including, a gas station and auto repair business the High’s Store.  In addition there is currently a proposal for a hotel/motel in the area. 

Two major highways border the property. Cecil Community College is across the road, and Rising Sun High School is in close proximity. Mr. Smith believes a car wash would be able to service consumers from those areas.

Mr. Smith further explained that the water system to be installed will be one of a recyclable nature for conservations purpose and the lighting would be directed away from neighboring homes.   He also advised that at the  Planning Commission Hearing, there was one resident who voiced concern. His concerns were regarding, fencing and safety issues.  Mr. Smith indicated that he has spoken with this gentleman and assured him of adequate fencing, shrubbery and tree buffer from his home.

Doris King – voiced concern over the zoning change from Business Limited (BL) to a Business General (BG), not necessarily with the car wash; but the fact, if a car wash does not go through for one reason or another, any business that is applicable to BG Zoning could be placed on the lot. 

Commissioner Hepbron requested clarification on the lighting to be used at the car wash.

Mr. Smith advised him “hood-style” lighting would be used.

Commissioner Guns directed a question to Mr. Houston as to what type businesses were permissible in a Business Limited (BL) Zone.

Mr. Houston explained that business who serve the immediate community for example, a gift store; day care center; tack shop, are the types of businesses permitted in a (BL) Zone.

Vice-President Kilby questioned Mr. Houston, as to the proposal of a hotel in the area, and he advised a site plan has been submitted for a hotel.

Motion was made by Commissioner Hepbron to approve the rezoning, seconded by Commissioner Guns and unanimously carried.