TOWN OF EASTON, MARYLAND
March 21, 2005
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance were the Town Attorney Mr. Kehoe, Major Spencer, Town Engineer Mr. Glass, Town Planner Mr. Hamilton and Mr. Karge, the Town Clerk.
At 7:00 p.m., the President of the Council called the meeting to order. Ms. Scott-Taylor opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF MARCH 7 AND MARCH 16, 2005 MEETINGS
Upon motion by Ms. Scott-Taylor seconded by Mr. Wendowski and carried unanimously, minutes of the March 7 and March 16, 2005 meetings were approved as written.
EASTON VOLUNTEER FIRE DEPARTMENT REPORT
Mr. Drew Jensen was present on behalf of the Easton Volunteer Fire Department. He reported on the March activities.
Mr. Jensen stated that the new substation is progressing. It now has doors and windows and looks good.
DR. KAREN SALMON, SUPERINTENDENT OF SCHOOLS, TALBOT COUNTY, PRESENTING THE ONE TO ONE LAPTOP INITIATIVE
Dr. Salmon shared information regarding the laptop initiative for Talbot County Schools. She presented the Annual Report with achievement results as well as financial information. Dr. Salmon included a research synthesis on one to one laptop initiatives across the country for further study and review. She discussed requests for proposals and the award of bids. Ms. Salmon discussed funding for the project and stated that the foundation will try to raise approximately $1.4 million and will cost over the next five years $2.5 million. Dr. Salmon distributed bumper stickers to the council supporting Talbot’s One-to-One Initiative.
ITEMS BY MAYOR WILLEY
Mayor Willey stated that he has 11 candidates that have offered to serve on the Housing Commission.
Mayor Willey stated that from July 30 to August 2, Easton Little League will be hosting the Eastern Regional Senior League Softball Tournament which represents 11 state winners.
Mayor Willey discussed the parking situation at the Easton High School. He stated that there have been problems with student parking and he has asked the Town Attorney to consider legislation to allow students to park on the east side of Mecklenburg Avenue from the football field entrance to the north entrance to the parking lot which should not affect the residents.
Ms. Jackson-Amis asked for the names of the candidates for the Housing Trust Board.
Mr. Wendowski discussed rules and conditions imposed by the Talbot County School Board for the parking for students.
ITEMS BY THE CHIEF OF POLICE
Major Spencer reminded the Council that the Easton Police Department Annual Award Ceremony will be tomorrow evening at the Avalon at 7:00 p.m.
ITEMS BY THE TOWN ENGINEER
The Town Engineer, Mr. Glass reported that work progresses as usual.
Mr. Glass stated that due to the observance of Good Friday, the Town of Easton offices will be closed with no garbage collection but will resume on normal schedule next week.
Mr. Jensen asked if the wastewater facility plant is progressing.
Mr. Glass stated that work is progressing very well.
Mr. Wendowski asked if there is any news from the County Council regarding Dutchman’s Lane.
Mr. Glass stated that he is waiting for that.
ITEMS FROM THE TOWN PLANNER
The Town Planner, Mr. Hamilton stated that he has forwarded a draft of the Zoning Ordinance to the Planning Commission. He stated that they will be discussing it April 21.
Mr. Hamilton stated that the Planning and Zoning Commission recently met and approved the Walgreen’s application at the Texaco site and sent the Passyn’s application back for revisions.
DISCUSSION OF CITIZEN’S CONCERN REGARDING PARKING FOR RESIDENTS AT 101 NORTH WEST STREET
Mayor Willey discussed a resident’s concern in front of the parking house where she resides. He stated that she has received numerous parking tickets. Mayor Willey stated that he has been in contact with the Easton Police Department and he thinks an imminent solution is forthcoming.
CONSENSUS ON THE HISTORIC DISTRICT EXPANSION PROPOSAL
The President of the Council, Mr. Ford thanked Mr. Roger Bollman and the Historic District Commission for their work on this proposal and the effort they expended to educate the public with the rational about the proposal. Mr. Ford thanked the community that participated in the public debate. He discussed the pros and cons of being in the Historic District. Mr. Ford stated that for him, the question of the Historic District expansion is about protecting the communities’ assets. He stated that he feels the proposal before the Council is too expansive. He suggested that the Council consider expanding the Historic District to mirror the boundaries put forth by the National Register lines and not going beyond it at this time. He stated that one of the things he is most concerned about is the loss of neighborhoods; in particular, the East End Neighborhood that has a large amount of rentals and a small percentage of owners. Mr. Ford stated that this is a step in the process and he urged the Council to continue the efforts to educate the public about the advantages of inclusion in the District.
Ms. Jackson-Amis stated that she wants to postpone this consensus due to the fact that many of the issues raised require some more consideration. She stated that this is an important issue and asked for additional time to consider the proposal. Ms. Jackson-Amis discussed residents’ confusion and her concern. She stated that she has a meeting coming up that involves the various churches in Ward IV and they have the ear of a huge number of citizens which is important. Ms. Jackson-Amis stated that she appreciated all the hard work of the Commission. She stated that she is not prepared to go forward today and this issue bears more time. Ms. Jackson-Amis discussed an additional meeting with her constituents to clarify issues.
Mr. Ford stated that he is willing to postpone the consensus until the next meeting.
Ms. Jackson-Amis discussed finding a way to consider the ability to defray tax increases.
Ms. Scott-Taylor stated that she has no problem tabling the issue for two weeks.
Mr. Wendowski stated that he has not had enough information regarding the expansion to the National Historic Register and the differences of the two districts as far as tax credits are concerned.
Mr. Wendowski stated that there are other things on the Council’s plate that he feels are more important such as affordable housing or the impact fee.
Ms. Scott-Taylor asked for clarification regarding the expansion to the National Register.
Mr. Ford stated that this matter is tabled until the next meeting. He encouraged the council members that need more information to seek the answers.
PUBLIC HEARING TO CONSIDER THE APPLICATION OF LOWE’S HOME CENTERS, INC. FOR THE DEVELOPMENT OF A 168,708 SQUARE FOOT HOME IMPROVEMENT CENTER LOCATED ON A 14.86 ACRE TRACT, ADJACENT TO THE EASTON MARKETPLACE SHOPPING CENTER; AT THE SOUTHWEST CORNER OF THE INTERSECTION OF THE EASTON PARKWAY (MD 322) AND GLEBE ROAD. THE PROPERTY IS PRESENTLY IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT. THE REQUEST IS TO CLASSIFY THE 14.58 ACRE TRACT TO PMR TO ACCOMMODATE A NEW LOWES’ HOME IMPROVEMENT CENTER
At 7:50 p.m., the President of the Council opened the public hearing.
The Town Planner discussed the application and the Planning Commission’s concerns which have been addressed by the applicant.
Mr. Hamilton stated that instead of the 915 parking spaces required, the applicant proposes to put in 528 which is a deviation of 387 spaces. He stated that they have asked to reduce the aisle widths between parking stalls down from 27’ to 25’ which the Planning Commission supports. He stated that they have asked to reduce some of the open space from a requirement of 30% to 20.85%. Mr. Hamilton stated that the Planning Commission has asked them to add back some landscaping which they did. He stated that one of the major changes is the separation between a residentially zoned property and the major retail store which would require a setback from the rear of the store from 218’. Mr. Hamilton stated that this application is presented with concept plans and if approved, the engineering and detail design will be finished after the council has approved the zoning and the storm water management plan adopted by the Town of Easton.
The Town Planner stated that the Planning Commission did recommend this application on a 4 to 0 vote.
Mr. Jensen asked how the Council would be assured the applicant would build what has been submitted conceptually. The Town Planner stated that it would be the staff’s job to see that this building looks exactly like it is shown. The Town Planner stated that the storm water pond proposed for the project is entirely under the parking lot and hasn’t been totally engineered.
Mr. Wendowski stated that he has a concern with the street between Food Lion and the proposed Lowe’s. He stated that looking at the PUD that is right behind it; he feels they should be looked at during the same time.
Mr. Hamilton stated that the Planning Commission agrees with Mr. Wendowski and did review both applications at one time. He stated that the applicant for the residential development behind this proposed store is actually in agreement with this layout.
Discussion occurred regarding the storm water management plan for this project. Mr. Hamilton stated that the design process is cost prohibitive until the application is actually approved.
Mr. John Murray was present on behalf of the applicant, Lowe’s. He stated that Lowe’s has applied for a planned major retail zoning district to permit construction of a new Lowe’s Home Improvement store.
Mr. Murray introduced Mr. Pedro Telli from Lowe’s Companies, Mr. David Nemecheck from Boller Engineering, Mr. Mark Vandallin from Mulvaney G2 Architecture, Mr. Ken Schmeed from Traffic Concepts, Mr. Bruce Davis from Appraisal Source and Mr. Murray’s college Mr. Ryan Showalter also from Miles and Stockbridge.
Mr. Murray discussed the history of Lowe’s in Easton their need for an updated, larger store.
Mr. Murray discussed the Town of Easton’s Comprehensive Plan and the proposed project.
Mr. Mark Vandallin from Mulvaney G2 Architecture, Washington, DC presented the architectural design of the proposed Lowe’s. He stated that they have collaborated with the design team and the town to present a site specific solution for the Town of Easton to provide a sensitive solution to the town. He discussed the components of the store. Mr. Vandallin stated that the building was broken down to give each of the sections a unique identity. He discussed the garden center, the open air arcade, and the indoor lumber yard. Mr. Vandallin displayed the material board for the primary building elements and the paint and brick choices.
Mr. Ryan Showalter addressed the site design issues and the transportation circulation pattern on the site as well as parking. Mr. Showalter discussed deliveries to the site and the truck well for Lowe’s. Mr. Showalter stated that the town’s Zoning Ordinance has parking standards that require 915 spaces which is based on a formula based upon the square footage of the use. He stated that they have coordinated with the Planning Commission and proposed 528 spaces due to much of the store being warehouse. He stated that Lowe’s is continuing to evaluate storm water management for this site and fully intends to comply with the town’s ordinance. Mr. Showalter discussed open space requirements and landscaping. Mr. Showalter stated that they have coordinated with the developer behind the Lowe’s site and they support the mutual proposal as put forth.
Mr. Showalter submitted a traffic study dated January 2005 with an update dated March 21. He stated that the traffic study recommends improvements with traffic only making a right turn out of the shopping center and some curb radius changes. He stated that they are also recommending the construction of a Marlboro Lane bound turn lane coming out of this shopping center. He discussed recommendations from State Highway Administration which include the construction of a north bound right hand turn lane off the Parkway onto Glebe Road. He stated that with all of these improvements, the level of service at every intersection is at C or better.
Mr. Showalter addressed the impacts of adjacent property values. He stated that Bruce Davis Appraisals, LLC evaluated the property values of residential sites adjacent to commercial centers within Talbot County and Queen Anne’s county and concluded that those areas had similar or greater increases in property values over the same values that you saw county wide during that period of time.
Mr. Showalter discussed the PMR development standards and stated that the size and the shape of the site is suitable for the development proposed.
Mr. Showalter requested that the Council follow the Planning Commission recommendation and approve this district with the standards as indicated by the plans and this presentation.
Mr. John Murray discussed the PMR development standards. He asked that the Council authorize the following modifications of the development standards as part of its approval:
1) Rear building setback 50’ from the property line to the primary rear wall.
2) Open space of 20.85%.
3) More than 50% of the off street parking located between the front façade of the store and Route 322.
Mr. Murray stated that Lowe’s will pay for all road, water, sewer and other improvements or sewer extensions required for this project as stated in the Comprehensive Plan.
Mr. Murray stated that they think that this project is compatible with existing surrounding commercial development in terms of size, scale, design and appearance. He stated that they anticipate with the development of Lowe’s at the north end of Easton Marketplace followed by reuse and redevelopment of the existing store will significantly enhance the existing commercial area.
Mr. Murray stated that they fully expect that Lowe’s will be responsible for paying impact fees even if this project moves forward before adoption of an impact fee ordinance. He stated that the same is in effect with the affordable housing ordinance.
Mr. Jensen reiterated that the applicant will pay impact fees.
Mr. Jensen stated that the Council would like to see the existing Lowe’s redeveloped.
Mr. Murray stated that there is a great demand for the site.
Discussion occurred regarding storm water management regulations and low impact development opportunities.
The Town Engineer discussed storm water specifications required by their office.
Ms. Scott-Taylor asked how many delivery trucks are expected per day.
The Lowe’s representative stated that there are approximately ten truck deliveries a day and will generally occur between the hours of 7:00 a.m. to 2:00 p.m.
Mr. Wendowski stated that his main concern is the actual use of the street between Food Lion and Lowe’s. He stated that he also has concerns regarding the present Lowe’s building. He stated that he would not want to see it sit empty for three years like the building in Dover, Delaware while they build across the street. He stated that he would like to not have display merchandise sitting on the front of the building or on the sidewalk.
Mr. Hamilton stated that required parking is forbidden to be used for displaying merchandise without special approval.
Mr. Wendowski asked what is driving the need for a store this size in this area.
Mr. Showalter stated that the demand is clearly all of Talbot County, part of Dorchester County, most of Caroline County and most of Queen Anne’s County.
Mr. Wendowski questioned the size of trees on the project.
It was stated that the trees are the size on the drawing at the time of planting.
Mr. Wendowski asked if this would be reviewed again by the Planning Commission.
The Town Attorney stated that it would.
Mr. Wendowski stated that he would like to know the number of visits this store expects in a day.
Mr. Schmeed stated that the traffic study discusses the number of trips per day.
Ms. Adrienne Hyatt, 375 Glebe Road, stated that the property has been in her family since 1949 and she came forward tonight to discuss her opposition to waiving the setback requirements. She questioned what Lowe’s needs with another 150’. Ms. Hyatt stated that after being present tonight, she is now concerned with the road that separates Food Lion from Lowe’s. She stated that she is truly opposed to having a commercial parking lot exit into the residential portion of that neighborhood. She asked that her concerns be addressed regarding the setbacks.
Mr. Tom Alspach was present on behalf of Talbot Preservation Alliance and discussed to what extent Lowe’s should be required to identify who is going to go into this new site. He stated that part of this application requires that this applicant conform to the Comprehensive Plan and require the applicant that is building a new store to couple their plans with details regarding the use of their existing store. Mr. Alspach stated that this is the largest application since the adoption of the new Comprehensive Plan and the Council is being asked to lower the bar instead of raising the bar. He stated that this applicant can and should meet detailed storm water plans when submitting the project. Mr. Alspach suggested that there are several issues and standards that need to be addressed before this council takes action on this project. He discussed the traffic study and the assumptions. Mr. Alspach discussed the growth rate and stated that we need to plan for that. He discussed trips generated to the store at peak hours and suggested the council get concrete answers. He suggested that the Artery project for townhomes that abutt the Lowe’s project be reviewed in conjunction with this project by the Planning Commission. Mr. Alspach stated that more answers are necessary; more information on the traffic, answers to the questions we’ve raised, the need to insist on a real bio retention plan that the Council can approve and the public can scrutinize and the council should look at the two projects together. Mr. Alspach stated that he is not here to oppose Lowe’s because TPA believes they should be in town on sewer and water but they shouldn’t have the bar lowered for them and they should conform to the standards the other projects have conformed to.
Mr. Dirck Bartlett, 7905 Bloomfield Road, questioned the calculations regarding the open space. It was clarified that it is 20.85%. Mr. Bartlett asked how it is calculated.
Mr. John Jessup, President of Talbot River Protection Association, echoed Mr. Alspach’s concerns. He stated that the Association is not opposed to Lowe’s but are there to scrutinize how the storm water is handled.
Mr. Tom Hughes, 9284 Chenar Farm Road, Easton; asked the applicant where the property line is on the right hand side of the Lowe’s property. He urged the Council to look at that situation. He discussed the ditch that is there now and the water that is going through it. Mr. Hughes discussed the movement of dirt for the Artery development. He stated that there was a detailed storm water plan for the Dudrow project and Elm Street and urged the Council to seek answers for this project.
Mr. Walter Stone, 6 Brickford Lane, Baltimore, Maryland represents Mears Properties and Easton Marketplace. Mr. Stone addressed the vacant stores at Easton Marketplace. Mr. Stone stated that they have been relying on retail consultants who advise that now is the time to upgrade some of the stores at the center. He stated that there is a lot of demand for lease space.
Mr. Carl Lee Wooters, 383 Glebe Road stated that he is a general contractor and goes to Lowe’s everyday. He stated that he does not know why they need a new Lowe’s as they can improve on what they have already.
Mr. Ryan Showalter addressed comments made during the hearing. He stated that the developers are more than willing to work with the town in solving any concerns.
At 9:39 p.m., the President of the Council closed the public hearing. Mr. Ford stated that the written record would be kept open until the end of business on Friday.
The President of the Council, Mr. Ford stated that the council may want more of an assurance on the part of Lowe’s concerning their existing building and its subsequent use. He stated that there may be more discussion about the road between Food Lion and Lowe’s and the thru road to Glebe. Mr. Ford stated that the Council will insist that the applicant comply with whatever regulations and fees regarding impact fees and affordable housing.
RECESS
The President of the Council declared a two-minute recess.
RECONVENE
At 9:48 p.m., the President of the Council reconvened the regularly scheduled meeting.
APPROVAL OF INVOICES TOTALING $546,878.33
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, invoices totaling $546,878.33 were approved for payment.
ITEMS BY MEMBERS OF THE COUNCIL
In Mr. Bond’s absence, Ms. Scott-Taylor reminded those present that the Annual Easter Egg Hung will be held Saturday on the County Courthouse lawn at 10:00 a.m.
Ms. Scott-Taylor congratulated the Town of Easton Potato Race Team that won last Thursday on Washington Street.
Mr. Jensen stated that the Council needs to discuss Lowe’s storm water management issue.
Mr. Wendowski discussed the resolution for the Hazard Mitigation Plan. He asked if all we need to do is say that we agree.
Mayor Willey stated that all they are looking for is that we agree with the Plan.
Ms. Jackson-Amis asked that the next meeting agenda include a discussion of the issue of surplus property; specifically, the condominium property at 126 Port Street. She stated that a determination has been made and it should be part of public discussion that there is contemplation that this property is going to be transferred. She stated that this concerns her and she would like to dispose of issues of before divesting the property.
Mr. Ford stated that we anticipate scheduling a public hearing at the next meeting to go over an impact fee ordinance. He stated that the particular content of that ordinance are available in report form that we received from Tischler and can be obtained by contacting the Town Clerk at the Town Office. He stated that the draft ordinance should be available by the end of the week.
ADJOURNMENT
There being no further business, upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 9:53 p.m.
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Town Clerk