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Town of Trappe, MD Planning Commission Meeting Minutes

Planning Commission Meeting Minutes
December 17, 2003 at 7:30 pm.
Trappe Town Hall

The regular Planning and Zoning Commission meeting was opened by Chairperson Edgar Harrison and called to order at 7:30 p.m. Planning Commission members present were Mr. Jerry Adams, Mr. Don Haring, Mr. Bobby Quidas, and Mr. Don English. Chairperson Harrison asked for a motion to approve the November minutes. Mr. Don Haring made a motion to approve the November minutes as presented. Motion was seconded by Mr. Don English. All were in favor with an Aye.

Permits Issued:
  • T-37-03 - Harry Evans - 3879 Harrison Court - Utility Storage Shed
Permits Pending:
  • T-38-03 - Jennifer Moore - Howell Point Road (Parcel 8) Map 301 - New House
Old Business

Mr. Harrison announced that we are working on Design standards in our workshops.

Mr. Hall introduced Mrs. Elizabeth Watson to speak to us on the Eastern Shore Heritage Area plan. Miss Debbie Dobson was also present. Mr. Hall explained that Mrs. Watson would tell us how Trappe fits into this Heritage Area plan. Mrs. Watson stated that Eastern Shore Heritage Area is a non profit organization working with the State of Maryland to create heritage plans that will affect Kent, Caroline, Queen Anne's and Talbot Counties.

Mrs. Watson made her presentation on the Eastern Shore Heritage Area and how the Town of Trappe could be involved in it. Mr. Hall asked the question how the targeted investment zone designation could help Trappe. Mrs. Watson responded by saying that specific target investment zones would not be listed in the plan until a jurisdiction is ready to accomplish specific capital improvements within a five year period.

WILLIAM CECIL - Main Street Subdivision - Waiver

Mr. Hall spoke for Mr. Cecil stating that Mr. Cecil is asking for a single lot subdivision on a piece of property that currently contains a dilapidating trailer. There would be two lots of which each would consist of 10,000.00 sq. ft. However, the road frontage on the existing lot is 160 ft. and 170 ft is needed in order to meet the required 85 feet of road frontage for each of the new lots. Mr. Hall said that Mr. Cecil was asking for an administrative waiver as permitted by the subdivision regulations. The waiver is for 5 feet of road frontage for each lot. Mr. Hall suggested that this property would be of benefit to the public and the Town. It was a very run down property. There will now be 2 lots with 2 new homes, and they will increase the tax base for the Town. Mr. Cecil is asking for an absolute minimum waiver of the requirement and he meets the conditions required in the subdivision ordinance in order to grant the waiver:
  1. Condition cannot be of his own doing that he created himself, and he did not.


  2. The Neighborhood character is not lost.


  3. Several parcels in the immediate vicinity currently have less than 85 feet of road frontage.


  4. The curb cuts are already there.
Mr. Hall presented a plat showing the proposed lots and stated that the line drawn down the middle of the lots is the proposed line of division of the property. Mr. Hall recommended that the 5 foot waiver of the road frontage be granted for each lot since the request meets the requirements of the subdivision ordinance.

Mr. Harrison stated that it meets the greater intent of subdivision requirements. Mr. Adams stated that this is a change from the way waivers were approved in the past when they had to go before the appeals board or the town council with a public hearing.

Mr. Harrison asked that we adopt a policy to notify the neighboring residents that Mr. Cecil has applied for a waiver under the subdivision regulations we adopted. He also stated that he had no objections to the waiver, but felt we might need to review the ordinance to see if we should advertise and post the property. Attorney Booth said we may need to amend the subdivision ordinance if we require neighbor notification and posting.

Mr. English explained that he and Mr. Hall had reviewed this property before, and felt that everything met the subdivision regulations. Mr. English made a motion to grant the request for a waiver. Motion was seconded by Mr. Don Haring.

Attorney Booth said that residents have 30 days in which to appeal to Circuit Court.

Mr. Adams asked, can we notify adjoining property owners of our decision and advise that they have 30 days in which to appeal to Circuit Court. Mr. Adam's motion to notify neighbors was supported unanimously. Mr. Adams asked Attorney Booth if she intended to research the issue and the possibility of amending the subdivision ordinance. Attorney Booth said she would look into this issue.

New Business:

Mr. Harrison stated that we had a presentation at the last workshop of the wastewater infrastructure for the new development on the eastside of the highway from Rocks and Raugh. The scope of our decision is to find if the proposed wastewater plan is consistent with the Comprehensive Plan.

Attorney Booth said that she and Mr. Thompson had not really had a chance to review the wastewater plan and that they would be reviewing the development concept plan application. Attorney Booth felt that we did not need to be in such a hurry to do this tonight. Mr. Adams said the sooner they have our approval the sooner they can proceed. Mr. Harrison said that the plan submitted was very close to our Comprehensive Plan. Mr. Adams thought that it was a very good plan, but he would like to take a further look at the possibility of expanding the existing plant verses having two separate plants. Attorney Booth suggested that she and Mr. Thompson would spend much time reviewing the proposed wastewater plan. They will not be making any major recommendations to the Town Council now, maybe not in January.

A motion was made by Mr. Adams to recommend that the Davis, Bowen and Friedel study for the East Annexation Area does comply with Comprehensive Plan. He further recommended that an additional concept study should be done to report the feasibility of expanding or putting a dual treatment plant on the existing plant. The motion was seconded by Mr. English.

Motion was made by Mr. Adams to ask the Council for permission for him to talk to Annie from Davis, Bowen and Friedel about using the existing plant. The Motion was seconded by Mr. Quidas. All were in favor.

ATTORNEY BOOTH:

Attorney Booth stated that someone had contacted the Town about the Bramble property. The Town has been dealing with this issue since 1998. They are interested in knowing what can be done with the R-1 property on Route 50.

Attorney Booth stated the property cannot be rezoned unless change or mistake is found from when the property was first zoned. She concluded that the property needs to be rezoned for another use other than R-1. It is not likely to have a single family residence on route 50, or duplexes. This seems to be the appropriate time to rezone. Attorney Booth asked the Commission if they would be willing to rezone and get the property cleaned up. The R-2 zone would allow flexibility for multi family housing. She believed it may be legally possible to justify an R-2 zone surrounded by R-1.

This has been a problem in the town since 1974, it is a nonconforming piece of property.

Mr. Harrison said that it would be a mistake to focus on that property now when there are several other properties that are very similar. We need to go on with our village center approach. The village redevelopment plan is more important right now, along with the design guidelines. Mr. Hall said that he had asked Mr. Pete Johnston be ready to discuss the village redevelopment plan in January. The village plan may help to address issues with the Bramble property.

Announcements:
  • Town office will be closed on December 25th and 26th for Christmas


  • January 1st for New Years


  • January 9th 2004 Christmas tree pickup


  • January 19, 2004 Martin Luther King Day - Town office closed.
The meeting was adjourned at 8:45 p.m. to go into Work session.

Respectfully submitted:

____________________
Joedy Cecil Town Clerk

___________________
Approved: Edgar Harrison
Chairperson


Planning Commission Meeting Minutes
November 16, 2003 at 7:30 pm.
Trappe Town Hall


The regular Planning and Zoning Commission meeting was opened by Chairperson Edgar Harrison and called to order at 7:30 p.m. Planning Commission members present were Mr. Jerry Adams, Mr. Don Haring, Mr. Bobby Quidas, and Mr. Don English. Chairperson Harrison asked for a motion to approve the October minutes. Mr. Don English made a motion to approve the October minutes as presented. Motion was seconded by Mr. Don Haring. All were in favor with an Aye.

Permits Issued:
  • T-32-03 - Scott's United Methodist Church - 3766 Main St. - Shed
  • T-33-03 - Mary O'Neal - 3773 Seymour Drive - Fence
  • T-34-03 - Tony Lewis = 4094 Main St. - Shed
  • T-35-03 - Cheryl Patrick - 3969 Main St. - Deck
  • T-36-03 - Manuel & Zella Kapetanis - 29319 Greenfield Avenue - Fence
Permits Pending:
  • None
Old Business

PN ZONE: Fee in lieu

Mr. Hall briefly discussed the open space requirements for sub divisions.

Mr. Hall suggested a fee per lot after creating a formula based on the Comprehensive Plan and the 2000 Census to calculate the fee. Mr. Hall consulted with Attorney Booth for legal sufficiency of the formula. Mr. Jerry Adams felt that we should round the fee up to be $1,200.00 since the formula calculated the fee at $1,146.00 per lot, and to make a recommendation to the Council to see if they agree.

Mr. Don English made a motion to send the recommendation to the Council of $1200.00 for fee in lieu of open space in a subdivision. Mr. Jerry Adams seconded the motion. All were in favor.

New Business

None.

Announcements:

The meeting was adjourned at 7:45 p.m. to go to workshop.

Mr. Harrison announced there would be no workshop on November 26th and that the next workshop would be on December 10th. There would not be any workshop scheduled until January 2004.

Respectfully submitted:

____________________
Joedy Cecil Town Clerk

___________________
Approved: Edgar Harrison
Chairperson



Planning Commission Meeting Minutes
October 15, 2003 at 7:30 p.m.


The regular Planning and Zoning Commission meeting was opened by Chairperson Edgar Harrison and called to order at 7:35 p.m. Planning Commission members present were Mr. Jerry Adams, Mr. Don Haring, Mr. Bobby Quidas, and Mr. Don English. Chairperson Harrison asked for a motion to approve the September minutes. Mr.Quidas made a motion to approve the September minutes as presented. Motion was seconded by Mr. English. All were in favor with an Aye.

Permits Issued:
  • T-30-03 - Edward N. Nelson - 3835 Ocean Gateway - Shed
  • T-31-03 - Renee Jeffries - 3849 Marvel Drive - Deck
Permits Pending

None.

Old Business

PN Zone

Attorney Booth discussed with the Commission some changes that needed to be made in the graph on page 5 of the PN zone. There was quite a lengthy discussion on 2 family dwelling definition and also duplexes. The comparison was of those in Easton Club which consisted of a structure built on the property line with a wall that joined the dwellings which were on two separate parcels of land. Mr. Hall explained that a 2 family dwelling, or duplex, is two separate houses with a common wall on two lots.

The discussion continued and attorney Booth stated that we are redoing definitions for PN - Multi family (4) definitions. Mr. Jerry Adams made a motion to change Paragraph C to read (Each PN development shall contain a mixture of at least three of the four housing types. The Council may vary this phase requirement if it is satisfied that at build-out, at least three of the four housing types are included in the overall PN development.) Mr. Bobby Quidas seconded the motion.

Mr. Hall will write up a memo explaining the amendment and discuss it with Mr. Harrison and Attorney Booth prior to the next meeting.

New Business:

Announcements:
  • Special Trash pickup - October 31, 2003
  • Halloween - October 31, 2003 from 6:00 to 8:00 p.m.
  • Workshop - October 22, 2003 at 7:30 p.m.
  • Workshop - October 29, 2003 at 7:30 p.m.
The meeting was adjourned at 8:15 p.m.

Respectfully submitted:

____________________
Joedy Cecil Town Clerk

___________________
Approved: Edgar Harrison
Chairperson


Planning Commission Meeting Minutes
September 17, 2003 at 7:30 p.m.


The regular Planning and Zoning Commission meeting was opened by a Motion from Mr. Don English that Mr. Jerry Adams preside over the meeting in the absence of Mr. Edgar Harrison. The motion was seconded by Mr. Don Haring.

Vote: Quidas - Y, English - Y, Haring - Y, Adams - Abstain.

Planning Commission members present were Mr. Jerry Adams, Mr. Don English, Mr. Bobby Quidas and Mr. Don Haring. Mr. Adams then asked for a motion to approve the August minutes. Mr. English made a motion to approve the August minutes as presented. Motion was seconded by Mr. Don Haring. All were in favor with an Aye.

Soon after the motion was approved, Mr. Harrison arrived and presided over the meeting.

Permits Issued:
  • T- 24-03 - Joey Foster -3831 Harrison Circle - 6 Ft. Fence
  • T-25-03 - James & Renee Jeffries - 3849 Marvel Drive lot # 94A- Shed
  • T-26-03 - Howard C. Halbig - 3778 Marvel Dr., LaTrappe Heights - Shed
  • T-27-03 - Michelle Price - 3728 Marvel Dr., LaTrappe Heights - 2 Car Garage
  • T- 29-03 - Howard C. Halbig - 3778 Marvel Dr., LaTrappe Heights - Fence
Peermits Pending:

None.

Old Business:

Mr. Paul Moore: Subdivision Howell Point Road.

Mr. Frank Hall planning administrator for the town stated that one issue was the 85 ft. frontage. Mr. Hall presented a staff report for the project and reviewed discussion from previous meetings held in May and June 2003. The staff report is considered part of these notes by reference and a copy is located in the subdivision file.

Dave Thompson stated that Tom Lane will need to get letters from the owners of lots that were part of the original subdivision since they have legal right to access the plated street even though the original lots may not be contiguous to Beaumont Avenue.

Mr. English questioned whether the Planning Commission needed to accept a cul-de-sac. Mr. Thompson explained that although the cul-de-sac design is not a preferred option, it is allowed by the subdivision regulations. Mr. Thompson believes the Planning Commission could not legally require the developer to provided access to the Firth property via an alternative to a cul-de-sac. Mr. Harrison prefers the cul-de-sac be centered on the subdivision.

In addition, Mr. Thompson explained that the subdivision ordinance does not require an 85-foot lot width at the front yard set back line when lots front on cul-de-sacs compared to linear streets that require 85 feet of road frontage.

Regarding the portion of the site outside the town limits, Mr. Thompson stated the option of having both the Town and the County Planning Commission jointly review the subdivision with an annexation application. Mr. Harrison noted that the Planning Commission could only review the project up to the Town line. The consensus of the Planning Commission was that Mr. Moore should pursue annexation concurrently with the subdivision process.

On a request by Mr. Harrison, the applicant agreed to plat a sidewalk and utility easement along the lots fronting on Howell Point Road so that sidewalks may be constructed in the future when practical. Mr. Thompson suggested that case law would support forcing the developer to build the sidewalks. However, Mr. Adams suggested sidewalk construction would not be practical at this time since there may be future excavating for sewer lines.

As part of a request by Mr. Adams, Mr. Lane agreed to redesign the shape of Lot 3 to provide a more practical building pad. Mr. Harrison and Mr. Adams also suggested they would prefer to see only two lots fronting on Howell Point Road which would be more in character with the community. Mr. Lane stated that Mr. Moore did not desire to reduce the number of lots below nine.

The Planning Commission reached a consensus that community open space for this subdivision is not practical. A fee in lieu of actual construction of open space is an option. However, the Town Council will need to set the rate before Mr. Moore could be charged the fee.

Mr. Harrison stated that the proposal is not out of compliance with the Zoning Ordinance and Subdivision Regulations and asked for a motion from the Commission.

Mr. Jerry Adams motioned to approve the Concept Plan for the Moore Subdivision with the following discussion items addressed on future plats.
  1. Mr. Moore should request annexation of the County Land on the northwest side of the project.
  2. Sidewalk and Utility easements along Howell Point Road should be planned. Trees should be planted along Howell Point Road consistent with the other roadside landscaping.
  3. Mr. Lane should clarify the legal right of way issue raised by Mr. Thompson from lot owners of the original subdivision.
  4. Center the cul-de-sac per Mr. Harrison's request and consider redesigning lots 1, 2, and 9 to be more consistent with the character of the lots along Howell Point Road.
  5. Redesign lot 3 to have a more practical building pad.
  6. A fee-in-lieu will need to be paid for open space once the Town Council sets the rate.
  7. Future plats should show the land on the opposite side of Howell Point Road as requested from the May and June 2003 meetings.
Mr. Haring seconded the motion. The motion passed unanimously.

PN Zone: - Redraft

Mr. Hall made the statement to ignore the draft of September 3, 2003. He suggested several changes that were made to a redraft. All final changes were included except for a statement in section 37:06 that sets an effective date for a lot of record for small PN proposals.

Motion was made by Mr. English to recommend the PN Zone to the Town Council with statement that they should pay special attention to the table residential unit mix on page 5. Mr. Quidas seconded the motion.

The motion passed unanimously. New Business:

MR. HALL:

Mr. Hall stated that he had talked with the Asmussen family about being annexed into the town. There was no interest in being annexed in.

Announcements:
  • Planning workshop - September 24th 7:30 p.m.
  • Town Office will be closed on October 13, 2003 for Columbus Day.
  • Nace's Day Parade - October 11, 2003 at l: 00 p.m.
The meeting was adjourned at 9:05 p.m.

Respectfully submitted:

____________________
Joedy Cecil Town Clerk

___________________
Approved: Edgar Harrison
Chairperson