MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

April 1, 2008

The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, April 1, 2008. The following members of the Board were present:

• William C. Manlove, President
• Mark H. Guns, Vice President
• Rebecca J. Demmler, Commissioner
• Brian Lockhart, Commissioner
• Wayne L. Tome, Sr., Commissioner

Constituting a majority Board.

The meeting was called to order by President Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

Alfred C. Wein, Jr., County Administrator read the application and swore in all witnesses presenting testimony.

File No. 2008-06 - Applicant: Herron 393, LLC.Property Location: 183 Zeitler Road, Elkton, MD. Election District: 3, Tax Map: 305, Parcel 23. Presently Zoned: Multi-Family Residential (RM), Heavy Industrial (M-2), Business General (BG). Request: To rezone 7.62 acres from Business General (BG) to Multi-Family Residential (RM). Property Owner: Herron 393, LLC.

Michael Pugh, Corridor Land Services and David Meiskin, Property Owner, presented a rezoning request to rezone 7.62 acres from Business General (BG) to Multi-Family Residential (RM).

Testimony was presented relating to the applicant's desire to eliminate the 7.62 of commercial zoning that was previously designated in the applicant's original rezoning request. Initially it was anticipated that a small commercial plaza would be located on the site, however, as a result of a recent retail market study and the current market trends, the applicant desires to eliminate the Business General zoning.

The applicant explained that as a result of this request, he proposes to relocate the apartment complex to the front of the development and relocate the town home portion to the rear of the property. There will be no change in the density of this plan.

The request is based on change substantial change in the character of the neighborhood, based upon current amendments to the Master Water and Sewer Plan and the proposed regionalization of water and sewer through the proposed Elkton West Wastewater Treatment Plant.

COMMENTS SUPPORT/OPPOSITION: None

There was discussion between the Board and Clara Campbell, County Attorney for the Rezoning Hearing relating to factors that constitute change.

Eric Sennstrom, Director of Planning & Zoning presented the Staff Recommendation of approval, based upon substantial change in the character of the neighborhood.

The Planning Commission also recommended approval, based upon change in the area.

Cliff Houston, Zoning Administrator read the Findings of Facts.

This decision will be placed on the Board's agenda for consideration at the April 15, 2008 Board of County Commissioner's meeting.

File No. 2008-07 - Applicant: Montgomery Brothers Bedrock Two, LC.Property Location: South Side of Bethel Church Road, North East, MD. Election District: 5, Tax Map: 25, Parcel: 56. Presently Zoned: Heavy Industrial (M-2) and Suburban Residential (SR). Request: Rezone 67.7 acres from Heavy Industrial (M-2) & Suburban Residential (SR) to Multi-Family Residential (RM).Property Owner: Montgomery Brothers, Bedrock Two, LC.

Mr. Wein read the application and swore in all witnesses presenting testimony.

The applicant, Barry Montgomery and Jeff Sellers appeared before the Board and presented testimony in support of their rezoning request located on the south side of Bethel Church Road in North East from Heavy Industrial (M-2) & Suburban Residential (SR) to Multi-Family Residential (RM).

Mr. Montgomery described the topography of the land and the surrounding zoning designations, he explained the need for the demand for additional multi-family residential units within the county.

The rezoning request is based upon substantial change in the area and he cited several of the recent rezonings that were granted.

Mr. Sennstrom presented the Staff Recommendation of approval, based upon substantial change in the character of the neighborhood.

The Planning Commission recommended approval based upon substantial change.

Cliff Houston, read the Finding of Facts.

Vice President Guns questioned the availability of water and sewer to the parcel.

Director Sennstrom advised that the property is not within the Town of North East Water & Sewer Service area, and that an allocation would have to be granted by the Town.

President Manlove voiced concern relating to the close proximity of the former Harbison Walker Plant

COMMENTS IN SUPPORT/OPPOSITION: None.

This decision will placed on the Board's agenda for consideration at the April 15, 2008 Board of County Commissioners meeting.

With no further business to discuss, the meeting concluded.

Alfred C. Wein, Jr.

County Administrator

APPROVED:

William C. Manlove, President