TOWN OF EASTON, MARYLAND
Draft Zoning Ordinance Workshop
July 27, 2005
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Mr. Robert Karge, Town Clerk; Assistant Town Attorney, Ms. Sharon Van Emburgh; Mr. Tom Hamilton, Town Planner; Mr. Lynn Thomas, Long Range Planner and Mr. Zach Smith, Current Planner.
CONVENING
At 6:30 p.m., the President of the Council called the meeting to order.
WORKSHOP
The President of the Council stated that this meeting is a continuation of the July 11 meeting. He stated that the next step would be for the Planning Commission to incorporate suggestions and send back to the Council and then a public hearing.
REQUESTED ZONING CHANGES
The President of the Council stated that there is a request to rezone three Parcels behind GM Giant – R10A/A1 to CG.
Discussion occurred regarding the creek behind the parcels.
The President of the Council stated that before he could reach a decision, he would like more information on the parcels regarding where the non-developmental boundary line is.
The Town Planner stated that if Mr. Denny owns the parcels and he is not aware of the request, he should get in contact with him to see if this is what he really wants to do.
The President of the Council stated that there has been a rezoning request for the East End, Aurora/Dover/Pennsylvania Avenue are from CG to CR.
Discussion occurred regarding down zoning to R7A in certain portions.
The Town Planner suggested doing this at a later date and looking at the land use and contacting the actual property owners to come up with the proper zoning and be more specific.
The President of the Council suggested asking the staff to take a look at the existing uses in these areas. He stated that any suggested zoning changes, the Planning Commission consider in the document reflect those current uses such as if it is zoned commercial and has an existing commercial use, leave it commercial and if it isn’t being used commercial and is zoned commercial, consider rezoning.
Mr. Thomas stated that his suggestion would be whether to leave it General Commercial or CR which is downtown commercial which primarily would permit mixed uses with no required parking.
Traditional Neighborhood District
The President of the Council stated that what he heard at the workshop and the public comments at the public hearing and from the Council, he is assuming that as written, the Traditional Neighborhood District as written as a by right zone is not currently an option.
Mr. Ford stated that he would like the Council to consider if there are parts of that zone or philosophy behind it that may be incorporated into the PUD process or other zones within the town.
Mr. Thomas stated that a lot can be done by adding much of the language of the TND to either the subdivision regulations so that they apply to all subdivisions or in appropriate places in the Zoning Ordinance.
Mr. Thomas stated that he has the first very rough draft of the revised Subdivision Regulations and there are two major additions; the section for which a project can be turned down and incorporating the design chapter pertaining to the design standards that would be applied to any subdivision anywhere.
Mr. Ford discussed why he is in favor of the TND. He stated that he find the current process for approval for a PUD to be exceedingly erroneous not only for the developer but also for public officials. He stated that what he heard from the Planning Commission and fellow elected officials and the strongest sentiment from the public not in support of the TND, is by right zone removes the second set of eyes to review a major application. Mr. Ford asked that the Council consider that when a PUD or PRD, commercial or residential, that the elected officials focus on the impact that the development brings to the community such as transportation, environmental, storm water management; the things that we seem to hear most about during public hearings and not on site design and architectural concerns when that has been vetted by staff and Planning Commission fairly thoroughly during their review.
Mr. Hamilton stated that if the Council is concerned with the design and appearance on top of the impact and if you like the design and appearance of the TND, they can borrow from those to put in their conventional subdivisions, they can be put as supplemental standards for a TND PUD neighborhood.
Growth Rate Controls
Mr. Ford stated that the permitting applications have been in excess of 5%. He discussed ways to control growth with the Zoning Ordinance.
The Town Planner stated that there are several mechanisms for regulating the number of building permits to be issued; that is not in the Zoning Ordinance but just an ordinance that states that there will only be a number of building permits issued per year.
Mr. Jensen asked what would be a growth control in the Zoning Ordinance.
The Town Planner stated that you could go into each one of the zoning classifications and reduce the densities.
Sewer capacities for the new plant were discussed.
The Town Planner suggested that the planning staff meet with the Town Attorney and the Town Engineer who is also an Easton Utilities employee and return to the Council with numbers and recommendations.
Other items from public hearing/public comments
The President of the Council discussed the cumulative impact of projects being reviewed. He stated that he understands that if an application is before the Planning Commission or the Council, rather than look at a single traffic study or a single storm water management plan, the Planning Commission and the Council should have available other projects that are happening concurrently that are impacting the same area so the Planning Commission is aware of the impact of the particular application and its cumulative effect.
The Town Planner stated that this should be addressed with the Town Engineer as well.
The Town Planner stated that he does not think that traffic models should be able to demonstrate that a development works or we don’t approve it.
Storm Water Management oversight: by Easton Utilities? Tied to specific phases/timetable?
The President of the Council stated that these are concerns that soil conservation district currently oversees. He stated that a suggestion is that Easton Utilities or Public Works should be taken a look at how well it is working on site. Mr. Ford stated that this is tied to the suggestion in the Comprehensive Plan that grading permits and accompanying storm water management that goes along with that should only be tied to the phases that are currently be worked on rather than the entire project.
Mayor Willey stated that several months ago, he briefed the Council on potential staff changes at the town level. One of those is to split the Engineer duties away from Easton Utilities to Town of Easton Engineer.
Mr. Jensen stated that he would like to take a look at Choptank Avenue to make sure there is no more of those half residential properties.
The Town Planner stated that they exist all over town but he will show Mr. Jensen those properties in the area.
Public Comment
Ms. Polly Shannahan on behalf of Historic Easton discussed the amount of space an automobile takes on the ground. She discussed the population growth and the space that needs to be available at the living quarters for the parking.
Mr. Tom Hughes discussed the three lots behind Giant. He stated that the Comprehensive Plan does call to avoid development in 100 year flood plain in the sensitive areas and these properties are right next to that area. He highly recommends that the Council go and look at these properties or look at an aerial photograph. Mr. Hughes discussed the wastewater treatment plant. He stated that he thinks it wise to pace the use of the new capacity for the plant.
Mr. Hughes stated that another problem is when the Planning Commission guarantees at the sketch plan stage, the number of units or gross floor area before there is any storm water plan or traffic information.
Mr. Tom Alspach on behalf of Talbot Preservation Alliance discussed their concerns. He stated that the GM property rezoning to commercial would be significant in size and be next to a residential community. Mr. Alspach stated that the Council should be vigilant about giving up oversight abilities. He stated that he thinks he shares the Council’s views on the TND and the same thing can be accomplished with the PUD process. He discussed the lack of good design in the ordinance that gives the Planning Commission more specific description. Mr. Alspach discussed Trappe’s and St. Michaels’ TND Ordinance that he states has good language. He suggested more specific guidance for the Planning Commission as to what is expected when a TND application is under consideration.
Mr. Alspach discussed sewer allocations and the new wastewater treatment facility.
Mr. Alspach stated that one way to improve on the traffic analysis is to get truly independent advice at the developer’s expense.
Ms. Margaret Pickall, 115 Chapel Road, Easton stated that her concerns are with growth management and she will forward those. Ms. Pickall stated that the Council stated that the PUD is a hard sell and she believes that it is because it is too easy to do the alternative which was the subdivision regulations. Ms. Pickall discussed tightening those regulations with the TND elements for better choices.
Ms. Carolyn Jaffe, 412 August Street stated that she looks forward to a further workshop and looking at properties seriously.
Ms. Priscilla Morris, 118 or 702 South Street, discussed notifications to neighbors when rezoning properties. She asked that the Council please look at the Special Exception which is perpetual in the Ordinance and consider that it should sunset with a change of use or an abandonment of the Special Exception use.
Mr. Wendowski stated that the Board of Appeals can put a time limit on a Special Exception.
Mr. Hamilton stated that there are some things that take away personal property rights. He discussed current notification procedures and law requirements.
ADDITIONAL WORKSHOP
The President of the Council stated that an additional workshop will be scheduled when they receive a draft from the Planning staff.
REQUEST FROM HABITAT FOR HUMANITY TO HANG BANNERS ON CHURCHES
A letter was received from Ms. Susan D. Devlin, Executive Director and Ms. Kim J. Cassady, Apostles Build Chair requesting permission for the churches to display a banner announcing their participation in a Habitat for Humanity of Talbot County program called Apostles Build 2005. The banners may be displayed from August through December 2005.
Upon motion by Ms. Scott-Taylor seconded by Mr. Jensen and carried unanimously, permission was granted.
ADJOURNMENT
There being no further business, Mr. Ford adjourned the workshop.
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Town Clerk