MEMORANDUM
TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL; MEMBERS OF THE PLANNING AND ZONING COMMISSION CC: TOWN STAFF
FROM: CHRIS KEHOE
DATE: OCTOBER 8, 1999
RE: MORATORIUM ISSUES AND AGENDA
On September 30, 1999, Mayor Butler approved Ordinance No. 390, imposing a ninety-day moratorium on big box retailing applications. The moratorium was passed for narrow purposes:
"The Planning and Zoning Commission shall institute such steps as it deems necessary to determine whether the Town of Easton Comprehensive Plan should be amended to address the issues raised by big box retail and commercial development in and around Easton and to enact such plan amendments. In addition, the Planning and Zoning Commission shall submit one or more reports to the Town Council in writing on or before December 1, 1999, containing such recommendations as it deems appropriate for amendments to the Easton Zoning Ordinance or other land use regulations of the Town."
In other words, we have enacted a moratorium to answer the following: What is the role of additional big box retailing in Easton in 1999/2000?
If the answer to this question is "none", then the Comprehensive Plan and the Zoning Ordinance should be amended to reflect the Town's policy decision.
If there is another answer, the Comprehensive Plan should be amended and perhaps the Zoning Ordinance should be also. Obviously, the amendments would be different.
The public debate over the moratorium question has raised a number of issues in the minds of elected and appointed officials and the public. All of these issues are in some way related to the issue of additional big box retailing. It will be impossible to answer all of the questions to everyone's satisfaction within 90 days.
The purpose of this memorandum is to two-fold. First, it sets out the issues as currently articulated by the Town staff and reviewed and supplemented by the Council and the Commission. The list of issues is intended to be illustrative of the matters identified of the greatest concern to the Town or as more directly relevant to the resolution of the moratorium issues. Undue significance should not be placed on the language used; this memorandum is intended to facilitate, not foreclose, debate and deliberation. The memo will set out a time frame providing you with information for you to make decisions.
PART I
Robert Karge has done an excellent job of gathering the questions raised in the minds of the Town Council members regarding additional big box retailing. In his memo, he grouped the issues around the development standards of the PMR Zoning District, which regulates new big box development. However, since our primary concern is whether to amend the Town's Comprehensive Plan, I think in some ways it is easier conceptually to look at the issues in the following framework set out for comprehensive planning by Maryland law.
Those standards are set out in the State law which gives towns the power to adopt comprehensive plans:
Maryland Annotated Code Article 66B ' 3.06. Purpose of plan; visions.
(a) Purposes.- In the preparation of the [comprehensive] plan the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the jurisdiction, and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of the jurisdiction, and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including among other things, adequate provisions for traffic, the promotion of public safety, adequate provision for light and air, conservation of natural resources, the prevention of environmental pollution, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.
(b) Visions - In general.- In addition to the requirements of subsection (a) of this section, the commission shall implement the following visions through the plan described in ' 3.05 of this article:
(1) Development is concentrated in suitable areas;
(2) Sensitive areas are protected;
(3) In rural areas, growth is directed to existing population centers and resource areas are protected;
(4) Stewardship of the Chesapeake Bay and the land is a [sic] universal ethic;
(5) Conservation of resources, including a reduction in resource consumption, is practiced;
(6) To assure the achievement of paragraphs (1) through (5) of this subsection, economic growth is encouraged and regulatory mechanisms are streamlined; and
(7) Funding mechanisms are addressed to achieve these visions.
Obviously, there is a certain degree of overlap between some of these goals and not all of these standards apply to the issue of additional big box retailing. However, many of them do and applying them to the issues listed by the Council results in the following:
1. Comprehensive plans shall provide for "the coordinated, adjusted, and harmonious development of the jurisdiction, and its environs which will, in accordance with present and future needs, best promote health, . . . convenience, prosperity, and general welfare."
IS ADDITIONAL BIG BOX RETAILING NECESSARY FOR THE TOWN'S PRESENT AND FUTURE NEEDS?
How should the Commission and Council make the determination of what our citizens need in this regard?
Who defines our "needs?" Residents? How should their views be determined?
When members of the public express concern over additional big box retailing, are those concerns primarily directed to the existence of additional big box retailing? Can design and landscaping standards answer some of the concerns of the public?
We have been told that Easton is a regional marketing center for the Mid-Shore. Is this a trend which we wish to encourage? Discourage?
If the Town changes its infrastructure (i.e. roads) to accommodate current additional big box retailing proposals, will those changes, in turn, generate additional development pressures?
What are current big box retailers in Town? What has been our current experience with big box retailing? How can we improve and learn from our experience?
At what point does the presence of big box retailing detract from Easton's quality of life?
What mechanisms can the Town use to give clarity to developers regarding the big box requirements?
If the Town decides we want big box retailing, what limitations do we want to impose upon developers as far as location, and other physical characteristics of the big box?
2. Comprehensive plans shall provide for "the wise and efficient expenditure of public funds."
WHAT ARE THE FISCAL BENEFITS AND DETRIMENTS TO THE TOWN WHICH WILL BE ASSOCIATED WITH ADDITIONAL BIG BOX RETAILING?
What are the tax benefits of additional big box retailing versus its costs both hidden and obvious?
Can the Town quantify the demand that additional big box retailing will place on public safety services?
Are the fiscal benefits and detriments associated with additional big box retailing different from other types of development, i.e. residential, industrial? Are they greater or less?
Are there studies done by other jurisdictions which can assist the Town in answering these questions?
What fiscal impacts will additional big box retailing have on Talbot County?
What, if any, costs related to infrastructure improvements should the Town require developers to pay?
3. Comprehensive plans shall encourage economic growth.
WHAT ECONOMIC IMPACTS WILL ADDITIONAL BIG BOX RETAILING HAVE UPON THE PRIVATE SECTOR ECONOMY IN EASTON?
Direct property value impacts on adjoining or nearby property?
Effects on other retailing, both in Downtown Easton and elsewhere? Existing shopping centers?
Effect on unemployment? Are retailing jobs the kinds of jobs Easton wants to encourage at this point? Are there sufficient persons in the labor pool to provide employees?
What supporting development, for example restaurants, will big box encourage and does the Town want these supporting developments?
4. Comprehensive plans shall provide for "the prevention of environmental pollution" and the "stewardship of the Chesapeake Bay and the land is a [sic] universal ethic."
WHAT ENVIRONMENTAL EFFECTS WILL ADDITIONAL BIG BOX RETAILING HAVE UPON THE ENVIRONMENT IN AND SURROUNDING EASTON?
Is additional big box retailing in Easton consistent with stewardship of the Chesapeake Bay and the land?
There are expressed concerns over the ability of the Easton waste water treatment system to treat discharge adequately for the Choptank River. How well does the Town fulfill its obligations currently? Can the Town fulfill its obligations in this regard in the future?
What is the effect of surface water run-off on the Tred Avon River? Is it different for additional big box retailing than for other types of development? More harmful? Less harmful?
The Maryland Department of the Environment is planning to issue new surface water treatment standards. Will adherence to these standards improve the quality of run-off? When will these standards be effective?
What effect will big box retailing have on noise, illumination, air quality, and visual characteristics of the Town?
5. Comprehensive plans shall contain "adequate provisions for traffic." All or almost all of the land upon which additional big box retailing can currently be located in Easton is on or closely adjacent to Route 50, Route 322 or both.
CAN ROUTE 50, ROUTE 322 AND THE SECONDARY ROAD SYSTEM ADEQUATELY HANDLE TRAFFIC GENERATED BY ADDITIONAL BIG BOX RETAILING?
What are the current capacities and anticipated traffic volumes of Route 322, Route 50 and Route 33 over the next five years?
Does the SHA have any plans to improve conditions on those roads?
How much traffic will additional big box retailing generate? Can the Town and the public obtain more accurate information regarding volumes of traffic?
Most or all of the potential additional big box retailing sites are also served by the secondary road system of Talbot County: Black Dog Alley, Chapel Road, Glebe Road, Goldsborough Neck Road. Are these roads capable of handling larger volumes of traffic which will be generated by additional big box retailing? Does the County have any plans, or any willingness, to widen or otherwise upgrade these roads?
In the same way, many secondary roads in Town, e.g. North Washington Street, Chapel Road Glebe Road will be similarly affected. Does the Town have the means or the desire to change those roads?
In the 1980's and early 1990's, the Town approved Carleton Business Park which now features Wal-Mart and Giant. It was anticipated at the time that the arrangement of Elliot Road, Route 328 and Route 331 would be adequate for that development. What can the Town learn from that experience?
What degree of cooperation and coordination can the Town realistically anticipate with the County and SHA as demands on road systems increase as a result of additional big box retailing?
If additional big box retailing will require significant changes to our street system, are the residents of Easton willing to tolerate the changes to traffic patterns and streets and highways to accommodate additional big box retailing?
Should the Town adopt minimum standards of service for affected road systems for future development proposals in the Town?
6. Comprehensive plans shall provide for 'the promotion of good civic design and arrangement." Professor Diriker stated at the Growth Symposium that downtowns functions as places to connect peoples with goods and services they need or want. As times have changed, the people, the goods and the services have changed and will continue to change in the future.
WILL THE BUILDINGS IN WHICH BIG BOX RETAILING IS LOCATED PROVE TO BE FLEXIBLE IN MEETING CHANGING NEEDS AND DEMANDS? DOES THE TOWN WANT TO ENCOURAGE/PERMIT/PROHIBIT THIS PARTICULAR MEANS TO CONNECT PEOPLE WITH GOODS AND SERVICES?
What is the current life span for big box retailing, particularly in light of the emerging alternate technologies for commerce?
What mechanisms should be imposed in the event that a big box becomes vacant? Guarantees? Bonds? How have other communities converted vacant big boxes to other uses?
What is the current ratio of commercially zoned, residentially zoned, industrially zoned and institutionally zoned property in Easton? What is the ratio of developed to undeveloped property in Easton? How do these ratios compare to similar communities in this region?
7. As suggested by Margaret Pickall, Chairman of the Planning Commission, we have added specific questions to be addressed by big box retailers:
What is appealing to retailers about Easton?
What are the closest locations of stores of equal size to those proposed for Easton?
What are the big box retailer's volume expectations in terms of numbers of customers? Now? In 5, 10, 20 years? When would expansion be required? How would it be accomplished?
Is it possible for the retail shopping opportunities that are offered by big box stores to be made available in Easton through other mechanisms, for example "Home Depot Village Concept" or be retrofitted into existing shopping centers?
PART II
We believe that all parties to this debate should have an opportunity to provide information to the Commission and the Council. This timeline is subject to adjustment. We propose the following:
1. The Town Staff will provide a written report to you on issues 2-6 no later than November 1.
2. Other interested groups or individuals can respond to as many of these issues as they wish in writing by November 1. Interested persons can also provide other information as well.
3. All of the written reports will be available at the Town Office and, if possible, posted on the Town's Website.
4. The Council and Commission will hold at least one public hearing to elicit public comment and input. No decision has been made as to the format of this hearing.
5. The Council and the Commission shall hold one or more workshops to discuss information received. No decision has been made as to the format of these workshops.
6. The Commission will meet to decide what changes, if any, are necessary for the Comprehensive Plan and will set a public hearing for any changes. This can be a joint public hearing with the Council.