August 2, 1999

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the president of the Council, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mr. Reed and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Glass, Chief Harvey, Town Attorney Mr. Chris Kehoe, Assistant Town Attorneys Mr. Steve Kehoe and Ms. Sharon Shilling, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas.

The meeting was opened with prayer led by Mr. Ford. Mr. Ford led those present in the Pledge of Allegiance.

Mr. Mayer made a motion, seconded by Mr. Reed and carried to approve the minutes of the July 15 and July 19, 1999 meetings.

The President of the Council brought a letter from The Easton Volunteer Fire Department, Inc. to the floor requesting permission to hang three banners on the street poles across from the firehouse at Christmas.

Mr. Bob Wicker of Easton Volunteer Fire Department stated that the large candles usually placed on these poles will be replaced with banners just to change up a little bit.

Mr. Mayer moved approval for the banners at Christmas at the Firehouse seconded by Mr. Heinmuller and carried unanimously.

The Town Planner, Mr. Hamilton, briefed the Council on the letter from the Chairman Planning and Zoning Commission’s letter of recommendation for the Easton Club’s PUD amendment for a 176 unit multi-family residential neighborhood. Mr. Hamilton displayed a site plan. Mr. Hamilton stated that due to large opposition, the Planning and Zoning Commission had previously denied the application. The issues were later resolved and the applicant came forward to the Planning and Zoning Commission with a new application, which had very little opposition. Therefore, after review, the Planning Commission recommended approval as it appeared to them all the issues and controversies had been resolved.

Mr. Hamilton introduced Bruce C. Armistead, Esq., who represents the applicant.

Mr. Armistead stated that it is the Council’s prerogative to schedule a public hearing. He stated that a large amount of public scrutiny and comments have already occurred. He asked for questions.

Mr. Hamilton stated that the original PUD had been approved with an emergency only access to Waverly Road.

Mr. Reed stated that he is still receiving telephone calls from residents in his ward that oppose the amendment.

Mr. Willey stated that substantial comments had been received and he felt it almost imperative to schedule a hearing in order to hear public comments.

It was the consensus of the Council to schedule a Public Hearing on this issue although Mr. Heinmuller stated that he would be willing to support the Planning and Zoning at this time.

Mr. Willey stated that he would like to schedule a Public Hearing for September 7 at 8:30 P.M.

At 7:17 P.M., the President of the Council opened the Public Hearing to obtain public comments on the proposed comprehensive revision of the Easton Zoning Ordinance and the official Zoning Map of the Town.

Mr. Lynn Thomas, Assistant Town Planner, briefed on the comprehensive revised Zoning Ordinance. He stated that the Planning Commission and staff had been working on this project for approximately a year and a half, beginning a few months after the Comprehensive Plan was adopted. Mr. Thomas stated that the retail shopping center and the big box standards have been proposed in order to implement the Comprehensive Plan. Mr. Thomas stated this ordinance proposes extensive landscape guidelines which apply to all forms of development and largely improving the appearance to what people consider to be the most unattractive of all uses in Easton; mainly shopping centers and stand alone and big box stores. Mr. Thomas stated that fortunately, it was not necessary to reinvent the wheel when trying to come up with these standards. Fort Collins, Colorado already had a nationally recognized and acclaimed set of guidelines for such development. The time the Planning Commission spent reviewing these standards over the last month or so, was an attempt to modify them so that they are as appropriate in Easton as the original standards were in Fort Collins. Mr. Thomas stated that the most significant revisions address the setbacks for this proposed use and a brief subsection to cover the abatement of potential nuisances to neighboring properties. Mr. Thomas stated that the most significant changes in the Ordinance are: some additions/revisions/deletions to the Definition Section, several changes to the Table of Permissible Uses, totally rewritten Historic District Regulations, new supplemental standards for several uses, including Big-Box and shopping centers as described previously, extensively revised landscaping standards, creation of a new Zoning District, Planned Major Retail for review of shopping center and big-box retail uses and two map changes.

Mr. Thomas pointed out that tonight’s hearing is not about a moratorium on anything. He stated that the moratorium hearing is two weeks from tonight.

Mr. Willey asked if there were questions from the Council.

Mr. Ford stated that asked how the Council would proceed at this point. Mr. Kehoe stated that the suggested procedure would be that after the conclusion of the public hearing, the Council decides whether to pass the Zoning Ordinance or communicate back to the Planning and Zoning Commission with regard to what particular issues that need to be addressed.

Mr. Kehoe commended Mr. Thomas on his summary reviewing the changes to the Zoning Ordinance. Mr. Kehoe asked that the Zoning Ordinance be viewed as a whole.

Mr. Mayer asked if the handwritten letter received by Mr. Murray had been reviewed by the Planning and Zoning Commission. Mr. Kehoe stated that they had not but he could address some of the points later in the meeting.

Mr. Thomas showed the audience the map changes the Commission is proposing. He stated that Mr. Steve Kehoe pointed out that the Ordinance was introduced for a first reading on July 14.

The President of the Council opened the floor for audience comments. He asked that comments be limited five minutes.

Mr. Milton Erden, 27310 Powatan Avenue, Easton, stated that he would like to mention two items that have not been addressed. Mr. Erden stated that a speaker at the Chamber symposium stated there are 800 derelict centers around the nation. He stated that the Town is stuck once the establishment leaves the Big-Box. He feels that could be remedied by instituting a restitution bond of some sort that would be required of the developer to remove the eyesore and prepare the site for re-use but without the huge structure that stays there forever. Mr. Erden also suggested that the approval process on all major projects, particularly big-boxes and megastores, be required to have traffic and environmental studies as part of the initial application, technically a part of the sketch plan at the cost to the developer. Mr. Erden stated that if you act without real knowledge or data, you would base your plans on an unproven assumption and that is not fair treatment for the city.

Dr. Callum Bain, 9704 Bantry, stated that he is not a developer and not experienced in these matters. He commended the Planning and Zoning Commission for the dedication. Dr. Bain stated that he wonders if the Commission is asking themselves the right question. Dr. Bain stated that the Ft. Collins architectural detail is irrelevant as is the landscaping. Dr. Bain stated that we are faced with big-boxes to be placed at the junction of Rt. 50 and Rt. 322. He stated that transportation problems are not only north and south but also east and west. Dr. Bain stated that he is a member of the Talbot River Protection Association and is concerned about the impact of the development on the Tred Avon River. Dr. Bain stated that the MD Department of the Environment has stated that the Choptank and the tributaries are already impaired. Dr. Bain stated that before boxes are put in, he suggests building the roads. Dr. Bain stated that developments cannot be put in without having adequate state of the art stormwater engineering.

John Murray, Esquire, asked that the written letter handed out earlier this evening be made part of the record. Mr. Murray offered an observation. He stated that these zoning amendments have been in the works for approximately 18 months and this is the first time the public has had the opportunity for interaction with the Council. Mr. Murray stated that with the landscape requirements in a large open space context, you effectively spread the commercial uses around and effectively promote sprawl. He stated that he would like to speak about the three floating zones; PUD, PMR and CM. Mr. Murray stated that there are procedural conflicts. He suggested making the Comprehensive Plan much more detailed, concrete, specific and based more on public criteria. Mr. Murray discussed Bucktail versus Talbot County and the issues and challenges. Mr. Murray discussed parking and stated that the Council should have big box use specified and it should have the same ratio for parking as shopping centers. Mr. Murray discussed signs and entrances with buildings having multiple uses. He stated that the idea of building sidewalks should be related to going somewhere.

Ms. Libby Dawkins stated that she has not read the Ordinance but questioned if the Town would run out of water. Ms. Dawkins stated that the Town of Easton has become hotter. She stated that there is more concrete, blacktop, buildings, people, cars, trucks and more of everything. Ms. Dawkins questioned if the runoff from streets has been taken care of. Ms. Dawkins stated that when walking the area she lives in, it is 50% blacktop. She stated that trees are needed to cool the air. Ms Dawkins asked that every little thing be looked at as well as the big things. Ms. Dawkins questioned the capacity of the sewer system. Ms. Dawkins thanked the Council.

Mr. Terry Richardson, General Manager of Lane Engineering, commended the Planning Commission for their enormous amount of work. Mr. Richardson directed his comments to the PMR district. Mr. Richardson stated that the presupposition of the PMR has negative effects on the Town of Easton and inappropriate for the Zoning Ordinance. Mr. Richardson stated his concerns related to the 30% open space requirements, which he thinks will encourage developers to provide minimal landscaping. He thinks the two requirements are compatible and should be counted together. Mr. Richardson stated that he thinks that this requirement will encourage larger commercial developments and therefore contribute to urban sprawl. He stated that the "three strikes and you’re out" process could be very damaging where a plan is evolving. He encouraged making the Comprehensive Plan and the Zoning Ordinance consistent so that the Zoning Ordinance implements the guidelines established in the Comprehensive Plan. Mr. Richardson thanked the Council for their time.

Mr. Al Goetze, 24420 Mallard Place, St. Michaels, addressed the Council regarding sensitive areas. Mr. Goetze stated that the runoff from the town will flow into the north and south branch of the Tred Avon River. Mr. Goetze referred to the 1997 Comprehensive Plan and the environmental impact from development. Mr. Goetz discussed the Talbot County water quality testing program. Mr. Goetz questioned corrective costs for impairment.

Mr. Philip Ross, Petrie, Dierman, Kuhn, offices at 1430 Springhill Road, McLean Virginia, addressed the Council regarding retail services and consumer goods at a competitive basis. Mr. Ross stated that the PUD process defines standards that are well defined and quite strong. He asked that the Council consider no revision to the Ordinance that is not written in a neutral tone. He stated that 30% of expendable dollars in Talbot County leave this county and are spent elsewhere creating more cars on the road and more congestion. He asked that the center of commerce be reinforced and asked that the Council provide for the services and goods that the people want.

Ms. Eileen Deymier, Easton, respectfully requests that the Council table the changes to the Zoning Amendment to such time after the vote of the moratorium is taken. She stated that once the moratorium is passed, then there should be complete discussion of everything that impacts on the Town of Easton regarding development. Ms Deymier stated that passing this Ordinance would be premature and asked that zoning issues be tabled until such time the moratorium is acted on.

Bruce C. Armistead, Esq., stated that he wanted to address the Council regarding map issues. Mr. Armistead stated that he represents Mr. Mears and discussed the changes requested on Glebe Road. Mr. Armistead stated that the first map change request is for a 60 ft. shift of boundary on the south side of Glebe Road. The second map change is on the northeast corner of Glebe Road and Rt. 322. Mr. Mears has proposed that the property be re-zoned from residential to commercial. Mr. Armistead reviewed the surrounding properties’ zoning classifications and stated that this property is a relatively minor strip that does but a residential subdivision with no prospect of traffic interchange on this property. He asked the Council to consider the use of residential on this site and stated that children playing in this vicinity would not be a good land use decision.

Mr. Tom Alspach responded to Mr. Armistead’s remarks by stating that people in the residential section of this requested re-zoning would not consider this change to be tinkering. He stated that he suspected that the people that live in this parcel are probably not aware of the requested zoning change and would be here in numbers if they knew this request was before the Council. Mr. Alspach’s concern was to limit commercial property on the bypass.

Mrs. Sylvia Gannon, 29110 Airport Road, spoke on behalf of her family regarding a piece of property on Route 50 near the railroad. Ms. Gannon stated that this property is facing Rt. 50 and is backsided by commercial. She suggested this property be changed to light industrial with the necessary limited entrances.

The Town Planner stated that this request had been before the Planning Commission and they did not choose to recommend this change in zoning. Mrs. Gannon asked for reconsideration. She stated that this is common sense usage and would not be appropriate for residential. She asked that when the changes are being considered, do it with practicality in the best interest of good planning for the community.

The Town Planner discussed the property site Mrs. Gannon referred to and explained the history of the zoning for that parcel.

Mr. John Wright stated he is the owner of three properties at 8706 Commerce, The Glebe Road Association. Mr. Wright stated he lives in St. Michaels. Mr. Wright stated that he is interested in one small change in the Zoning Ordinance. He stated that his daughter runs a child daycare in the Commerce Road building and she would like to upgrade her program and be licensed by the State Board of Education as a Nursery School. Mr. Wright feels this would be an addition to this community. He stated that when going into the Light Industrial Zone, a Special Exception is not even allowed to be considered for schools of which a Nursery School is considered. He stated that they want the right to apply for a Special Exception. Mr. Wright asked the Council to consider the small guys and to act on the Zoning Ordinance.

Mr. Ross stated that it all goes back to convenience. He discussed entrances to buildings and parking. He asked the Council’s consideration to strike the requirement for two entrances and the requirement to have only 50% of parking in the front or sides of the building.

The President of the Council closed the Public Hearing at 8:40 P.M. He reminded the Council that the record for comments would be held open through the end of this week.

The President of the Council declared a six-minute recess.

The President of the Council brought Ordinance No. 396, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE CODE OF THE TOWN OF EASTON BY REPEALING AND REENACTING CHAPTER 28 OF THE TOWN CODE, WHICH SETS FORTH THE TOWN’S ZONING ORDINANCE" to the floor.

The President of the Council also brought a letter from the Gannon Family Ltd. Partnership regarding the Zoning Ordinance to the floor.

The President of the Council brought Ordinance No. 390, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON ZONING ORDINANCE BY ADDING SECTION 1000 TO IMPOSE A TEMPORARY MORATORIUM UPON THE REVIEW AND CONSIDERATION OF BIG BOX RETAIL APPLICATIONS AND TO REQUIRE THE EASTON PLANNING AND ZONING COMMISSION TO INITIATE A REVIEW OF THE COMPREHENSIVE PLAN AND ZONING REGULATIONS REGARDING SUCH USES AND TO REPORT TO THE TOWN COUNCIL REGARDING ITS RECOMMENDATIONS" to the floor for a first reading.

The President of the Council stated that a petition had been received by the Mayor and Council regarding the development of retail stores.

Mr. Mac Allen was not present to address the Council.

Mayor Butler asked that everyone keep in mind the overturned tombstones in the cemetery. He stated that he is in the process of sending requests for contributions for repairs and a fence.

Mr. Heinmuller suggested contacting Mr. Chester Gates regarding help for the cemetery.

The Chief stated he had nothing for the Council at this time.

The Town Engineer, Mr. Grunden, stated that the curb, gutter and sidewalk are wrapping up on North Street and then they will continue to move to other projects.

The Town Engineer reported that on July 22, there was a tremendous storm, which resulted in localized flooding. The Town Engineer’s office has addressed the concerns with the constituents and investigated reports of storm drain blockages. He stated that there is an on-going maintenance program that will be continuing.

The Town Engineer stated that the Public Works Department is short on vehicles and they have received two bids. One bid did not meet the specifications so the vehicle will be purchased upon approval by the Council from Bob Smith Buick.

Mr. Mayer made a motion to approve the bid submitted by Bob Smith Buick, seconded by Mr. Ford and carried unanimously.

Mr. Grunden reported on the Utilities side and stated that the hot dry weather has taxed many utilities systems. Mr. Grunden stated that the systems in Easton are well equipped to handle such demands. He stated that the water and waste water systems are functioning properly and have adequate capacity to meet these demands.

On the electric side, the General Manager reported that Easton has reinvested in its plant and has been able to handle the demand without rolling black outs.

Mr. Grunden asked for an Executive Session regarding personnel.

Mr. Heinmuller asked if the funds were available to complete the Brooks Drive extension. Mr. Grunden stated that the bond was put in place by the previous owner/developer. Mr. Grunden stated that they are attempting to determine what contract specifications FHA needs to release the funds to go ahead with the work. Mr. Glass stated that the process should be expedited in the near future.

Mr. Heinmuller stated that a question had been raised about a specific type of storm grates and the normal flow of traffic for bicycle riders. Mr. Grunden thought those storm grates had been eliminated and asked for clarification on sites where there is concern.

The Town Attorney, Mr. Kehoe stated that he had several items for Executive Session with regard to potential litigation.

Mr. Ford stated that if anyone missed the planning symposium, it will be on Easton Cable in the next few days. He stated that the times are listed on the schedule preview.

The President of the Council reviewed the Council’s upcoming calendar.

Ms. Carolyn Jaffe invited the Council to National Night Out Against Crime at the Port Street Condominium tomorrow night.

Mr. Ford made a motion, seconded by Mr. Mayer and carried unanimously to go into Executive Session at 9:00 P.M.

The President of the Council closed the Executive Session at 10:14 P.M.

Mr. Ford discussed the MPT live panel moratorium taping.

Mr. Grunden discussed the County’s request to erect a light at the intersection of South Street. The consensus of the Council was for the County to install lights near the health department parking lot for optimum lighting.

Mr. Grunden discussed the water and sewer rate revision. He asked the President of the Council to set a Public Hearing in September. The President of the Council set the Public Hearing for September 20.

The Town Clerk briefed the Council on Mr. Bibb’s inquiry on whether the Town would be able to fund the demolition costs for the property on West and Port. The Town Attorney stated that the property could be demolished and a lien be placed on the property.

The Town Clerk asked permission to forward a letter requesting a clock be placed at the county pool to the County Council for action. The consensus was to forward the letter.

Mr. Mayer made a motion to adjourn, seconded by Mr. Heinmuller and carried unanimously. The President of the Council adjourned the meeting at 10:15 P.M.

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Town Clerk