COUNCIL MORATORIUM MEETING WITH PLANNING & ZONING

November 16, 1999

The Town Council of the Town of Easton met today at 6:00 P.M. in a special meeting with the Planning and Zoning Commission. The President of the Council called the to order with the following members present: Mr. Willey, Mr. Ford and Mr. Reed. Also attending the meeting were Mayor C. Eugene Butler, Town Attorney Mr. Kehoe, Assistant Town Attorney Ms. Sharon Shilling, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas.

Members of the Planning and Zoning Commission present were Mr. John White, Mr. John Atwood and Mr. Charles Goebel.

Mr. Kehoe briefed those present on the purpose of this meeting. He stated that this meeting is the first of three scheduled workshops between the Town Council and the Planning and Zoning Commission to evaluate the information that had been received. He stated that the Town had various options.

Mr. Kehoe briefed the Council and Planning and Zoning Commission on the issues that confront the Town. He stated that the fundamental issue confronting the Town Council is what is the roll of additional big box retailing in Easton.

The Town Attorney stated that the paramount issue is deciding what changes if any should be made to the Town’s Comprehensive Zone. He stated that if you decide that changes to the Comprehensive Plan are necessary, then specific implementing changes to the Zoning Ordinance will follow. The Town Attorney explained the alternative choices for amendments to the Comprehensive Plan as: 1) You can decide to do nothing, 2) You can decide that additional big box retailing is something that the Town wants to encourage for the duration of the current Comprehensive Plan, i.e., 2002. He explained that if you decide to make that choice, you should revise the Comprehensive Plan to make this point. He explained that there may be changes to the Zoning Ordinance as well.

Ms. Peggy Pickall joined the meeting at 6:09 P.M.

Mr. Willey stated that his understanding is that on or about December 1 the Planning and Zoning Commission would have a report back to the Town Council on the big box issues stating the options. Mr. Willey stated that after that, a Public Hearing would be scheduled, probably in January.

Mr. Ford asked the Planning Commission if they thought they had enough information to make a recommendation. Mr. Atwood thought he had as much information he could work with.

It was the consensus of the Planning Commission and the Town Council that the four options outlined by the Town Attorney were the best options.

The Comprehensive Plan revisions in 2002 were discussed. The Town Attorney stated that whatever decisions were made would be reviewed again in 2002.

Mr. White asked if the Council could reveal their opinions regarding the big boxes. He stated that it would be senseless to make a recommendation if the Council did not agree with their views. Mr. White felt that the public opinion was more against big boxes that those in favor. He stated that those in favor want greater retail variety and better pricing. He stated that if you put all the opinions together, you find that we need to provide greater retail opportunities for a segment our population but not at a cost of the environment or the convenience of traffic flow.

Mr. Ford referred to page 22 of the Comprehensive Plan and stated that it needs to be more precise. He read the selection. Mr. Ford stated that in his opinion, if you read that paragraph in its entirety, its intent is much clearer. He stated that he does not believe that this town needs or desires the type of development that has been proposed in the areas proposed. Mr. Ford stated that it should not be allowed.

Mr. Mayer joined the meeting at 6:26 P.M.

Ms. Pickall suggested defining more clearly the term big box and the maximum size in the Zoning Ordinance. Mr. Ford stated that this would have to be clarified no matter what the decision would be.

Mr. Kehoe stated that another approach would be to put an upper limit on these kinds of stores. He stated that this is an approach that some towns throughout the country are taking. Mr. Atwood stated that he thought the size should be stipulated very clearly. Mr. Ford suggested re-defining what a big box is. He stated that in this community, there is a desire to keep things within a reasonable scale. Mr. White stated that he felt that the free market should be allowed to do what it will but within boundaries and limitations that are necessary to control to maintain a certain balance.

Mr. Willey stated that 25,000 square feet is not a big store and he suggested looking at that. He stated that he was not sure he could live with Option 4 but he could look at Option 3.

Mr. Mayer stated that he really has a passion for trying to reuse commercial property.

The Town Attorney stated that existing stores could enlarge their facility such as Super Fresh. He stated that one of the things that would help in terms of in fill development which means changing something that is already there, is allowing people to have a great deal more flexibility with parking and lot coverage.

Mr. Kehoe clarified No. 3 option for Mr. Ford. He stated that this is just an outline for discussion purposes.

Ms. Pickall stated that maybe concentration should ensue on a particular concept.

Mr. Hamilton reviewed sites where big boxes as currently designated could be located.

Mr. White stated that the retail market is not only catering to Easton but to Talbot County residents and neighboring communities. Ms. Pickall stated that the decision needs to be made how big the town wants to get and how many people they want to serve.

Mr. Heinmuller arrived at 6:56 P.M.

Mr. White stated that we need to think of big box in a broader scale other than numbers of square feet. He stated that one of the big problems of big boxes is the amount of parking space required.

Mr. Ford stated that the Comprehensive Plan is quite clear when it says that we do not need any more shopping centers at this time. He stated that one of his concerns is to legislate creativity and well planned growth, both commercial and residential, taking away as an option, forcing developers into such a narrow tunnel that we are robbing them of the opportunity to be creative which was the original intent of the PUD process.

Ms. Pickall stated that the applications received have not been leaning towards quality development but density intensity.

Mr. Ford stated that it was not the intent to force developers into not developing commercially zoned property but we do almost legislate new creative approach as to how that property is to be developed. He stated that the development community must be given options. Mr. Ford stated that you cannot put down a shopping center. He stated that you could not put down a store that is 130,000 square feet. He stated that with the best of intentions, the Town could run the risk through legislation of creating untenable situations for developers that will harm the community, not help it. Mr. Ford stated that the development community must be given options within a scale and a balance.

Mr. Atwood referred to the Ft. Collins legislation and stated that he felt they are taking away developers creativity.

Mr. Willey reviewed the Options outlined. He stated that Option 1 is no option and that 2, 3 and 4 will require Zoning Ordinance changes or additions. Mr. Willey stated that Mr. White had a good idea when he stated that the Council needs to give the Planning Commission an idea of what option they want to pursue and what their thoughts are.

Mr. Ford stated that his preference was for Option 4.

Mr. Mayer stated that he preferred Option 3 with limits on big boxes to 25,000 to 60,000. He stated that he felt that the opportunity should be there for developers.

Mr. Reed stated that due to the fact that the big box size has not been determined, he was in favor of Option 4. Mr. Reed stated that he did not know if the infrastructure could stand additional big box stores of 60,000 square feet. He stated he also has concerns about traffic and empty big boxes in the future. Mr. Reed discussed his concerns for fire protection. He stated that he does not think the Town is ready for this type of development. He suggested putting big box retail development on hold until we are prepared for the traffic and infrastructure.

Mr. Heinmuller stated that Easton is a commerce center and will be in the future if it continues to grow and provide the needs of people who live here. Mr. Heinmuller stated that this town has changed whether we like it or not. There are now more people that need more choices. He stated that his preferred option would be between Option 2 and Option 3. Mr. Heinmuller stated that rules and regulations have to be written that are fair to the town, fair to the landowners and they have to be fair to the people. He stated that there is room for large retail but that it should be controlled in such a way to have minimum impact on the environment and the roads and public services.

Mr. Charles Goebel stated that it has been very helpful to hear the Council members. He felt that the Planning Commission had lacked an overall attitude or position on big box or retail development. He felt that this has been a useful exercise and stated that what is called for is the balance that Mr. White has expressed. He stated that he is in the area of Option 3 and Option 4. He stated that he can see placing a cap on an upper limit of big box size.

Mr. Willey stated that his preferred Option is No. 3. He stated that there are things that need to be considered whatever the decision, such as the impact that such a store would have on the area that would include environmental issues, traffic and the infrastructure.

Mayor Butler stated that he thought the two bodies, the Planning Commission and the Council, should get together separately and make some decisions and put them on the table. He felt that the decision should be between Option 3 and Option 4. He felt it is time to make some hard nose decisions and go with them.

Mr. Willey stated that he did not feel that additional workshops were needed this week.

The Town Attorney stated that he did not think anymore workshops were needed this week. He stated that if certain Options were decided upon, than clearly changes to the Zoning regulations would follow.

Mr. Willey asked that copies of the Planning Commissions’ recommendations be forwarded to the Council.

It was unanimous to adjourn the meeting. The President of the Council adjourned the meeting at 7:30 P.M.

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Town Clerk