TOWN OF EASTON, MARYLAND
Draft Zoning Ordinance Workshop
June 13, 2005
Councilmember Moonyene Jackson-Amis
Mr. Hamilton, Town Planner; Mr. Lynn Thomas, Long Range Planner, Mr. Zach Smith, Current Planner, Planning and Zoning Commission members: Ms. Linda Cheezum, Mr. Dan Swann, Mr. Chris Brownawell, Mr. John Atwood and Mr. Tom Moore.
CONVENING
At 6:00 p.m., the President of the Council called the meeting to order.
WORKSHOP
Mr. Hamilton discussed a slide show regarding the six significant changes to the Zoning Ordinance.
Mr. Zach Smith stated that the entire ordinance has been re-ordered partly recommended by the Town Attorney.
Mr. Smith stated that the most significant change is the TN (Traditional Neighborhood) District.
Mr. Hamilton stated that the TN District is designed to create blocks with alleys with a mix of lot sizes and housing in that block allowing for a small percentage of commercial development to serve those in the neighborhood to be incorporated in a subdivision of this kind. Mr. Hamilton stated that developers will follow the TN standards or come back to the Council for permission to re-zone the property to R-10A or R-7A or PUD. He stated that this will be the route that most developers will want to follow.
Mr. Smith stated that another big change was the elimination of the Planned Major Retail District. He stated that all approved Planned Major Retailers will be treated as PUDs.
The Town Planner stated that this will open up where you can locate that type of development and all the provisions that were there before are still there; nothing changes but the name of the process.
Mr. Smith stated that they increased the maximum residential density in the CR District to 30 units per acre. He stated that they derived at this number based upon the Shireton and thought it acceptable to replicate that.
Mr. Atwood stated that the Shireton is unique due to the fact that there is underground parking.
Mr. Hamilton stated that the site plan review process that creates this new density will have to address parking which can’t be addressed unless there is an opening in the ordinance to allow discussion.
Mr. Smith stated that the Critical Area section of the Zoning Ordinance has been updated. He stated that the Critical Area Commission forwarded a model ordinance and it was trimmed down to fit Easton but still reflect the current state laws.
Mr. Hamilton stated that this does not change anything but brings the Town of Easton into compliance with Critical Area Commission.
Mr. Smith stated that they have created a requirement for the contiguous property owner notification for site plan reviews basically stating that Planning Commission site plan reviews will notify contiguous property owners.
Mr. Wendowski stated that it is not what he is looking for but it is a move forward. Mr. Wendowski questioned what the ordinance would say.
Mr. Hamilton stated that it would state contiguous. Mr. Hamilton stated that this would require contiguous property owners that something is being proposed.
Contiguous versus adjacent property owners was discussed.
Mr. Wendowski discussed Talbot County’s process in identifying property owners of proposed projects.
Ms. Jackson-Amis asked if the applicant could send notice and provide proof of service. Ms. Jackson-Amis suggested Certified Mailing with 200’ feet from property line.
Mr. Ford stated that it could be put in the ordinance that the applicant is required whether the proposal is contiguous or adjacent or 200’, to send by registered mail to the addresses supplied by the Planning office.
Mr. Ford suggested a public hearing.
Mr. Hamilton read suggested language which included the costs to be borne by the applicant and mail to be certified.
Mr. Hamilton discussed requests from individual citizens. He stated that the Planning and Zoning Commission has reviewed the requests along with the Comprehensive Plan and made recommendations.
The zoning changes around the WaWa proposal were discussed. Mr. Smith stated that this was proposed by the Town of Easton to clean up the zoning and make it consistent with their building site.
The Town Planner discussed the parcels around the town the Planning Department proposes to be TN classification. Mr. Hamilton stated that if the lots were re-zoned, it would create 657 acres of TN zoning and would be the easiest way for a developer to go. He discussed going through the subdivision process if this zoning was effective.
Mr. Atwood stated that he thinks that the Council should have final say on major proposed projects.
Mr. Hamilton discussed requirements of projects in the TN zoning.
Improvements to Dutchman’s Lane were discussed.
Mr. Brownawell discussed having two sets of eyes; Planning and Zoning Commission and the Council on proposed projects.
Ms. Jackson-Amis questioned methods of control.
Mr. Thomas stated that you can’t just because you don’t want to grow anymore say that we’re not growing anymore. He stated that you can stop annexing property or say that our sewer wastewater facility is at its capacity and we do not wish to expand it due to the cost.
Mr. Ford suggested looking at the Traditional Neighborhood District based on all the public hearing wars that the Council has been through; both at the Planning Commission and the Council level and put into this zoning things that we want to have happen. He suggested making a TN District that is clear and has in it the things that we have been battling over for the last five or six years.
Mr. Jensen stated that he wonders if that is gullible on a piece by piece basis
Mr. Ford stated that he wants to get to where the Council has clear policy about what we want and don’t make it so hard for a developer to do that and the elected officials input is at the policy level and the Planning Commission’s input is implementation and if we don’t like the policy by what we see by what is happening on the ground then the policy is changed.
Mr. Jensen stated that he does not know that one zoning category can fit all situations.
Mr. Brownawell discussed the input the Planning Commission has on a PUD application.
Mr. Hamilton discussed the contributions from developers for improvements to Dutchman’s Lane.
Recent traffic studies and levels of service were discussed.
The Town Planner, Mr. Hamilton discussed the pieces of properties that were not included in the TN Zone. He stated that he thinks we need some way for the Planning Commission to turn it down based upon design. Mr. Hamilton stated that we are blocked from doing that.
Mr. Hamilton stated that he does not anticipate a lot of changes with the Subdivision Regulations.
Mr. Ford stated that if the Council enacts a Traditional Neighborhood District, and especially if we pre-map it, we won’t see a residential PUD. So we either say that we don’t like that and want to see the specific applications and want to stick with the existing PUD process or do we take a look at this TN Zone and try to put in here the kind of policy that makes it easy for the developer to create the kind of development that we want.
Mr. Jensen stated that this type of ordinance might make it too easy and the Council may not get the things they want for the Town.
Mr. Ford stated that another way to get another set of eyes on this is to not pre map it; to create the zone without pre mapping it.
Ms. Jackson-Amis stated that whatever process we have, there should be a balance and having the Council have a say somehow is important because the Council is constituency driven.
Mr. Wendowski stated that he thinks the zones need some work but would like to see the subdivision regulations strengthened.
Mr. Hamilton stated that the Planning Department will have some language for the Planning Commission in the near future so there can be something to consider in the subdivision regulations.
Mr. Jensen stated that he has a problem with the Planned Redevelopment District. He stated that there are big parts of the residential Historic District zoned PRD. Mr. Jensen asked if this could be looked at during this process.
The Town Planner stated that the overlap of the PRD and Historic District pose no conflict. The PRD is flexibility and the Historic District is architectural control.
Mr. Wendowski stated that on page 1-9 there is a repeat of items that are under section 1-11, Application of Regulations.
Mr. Wendowski stated that he has an issue with signage, mega church and light ordinances.
Mr. Hamilton stated that the Town Engineer has included light ordinance requirements.
ADJOURNMENT
There being no further business, Mr. Ford adjourned the workshop.
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Town Clerk