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Town of Trappe, MD Planning Commission Meeting Minutes

Planning Commission Meeting Minutes
April 13, 2005
7:30 pm.
Trappe Town Hall

The regular Planning and Zoning Commission meeting was opened by Chairperson Edgar Harrison at 7:31 p.m. Planning Commission members present were Mr. Bobby Quidas, Mr. Jerry Adams, Mr. Don English and Mr. Don Haring. Mr. Harrison asked for a motion to approve the minutes. Motion was made by Mr. English to approve the minutes. Motion was seconded by Mr. Haring.

PERMITS ISSUED:
  • T-12-05 - Sandy Thomson - 3881 Main Street - Garage
  • T-13-05 - Chris F. Spurry - 4046 Ocean Gateway - Demolition - Quidas Garage
  • T-14-05 - Reginald Pinkett - 29230 Murray's Lane - Shed
PERMITS PENDING AND ZONING ISSUES:
  • None.


OLD BUSINESS:

Concept Plan Review - Paul Moore:

Mr. Harrison asked Mr. Moore if he was ready with his revised plan?

Mr. Jay Corvan architect for Mr. Moore presented the revised concept plan. The first part of the presentation was that the plan is now bigger due to an addition of adjoining property that has been added to the plan. There will now be 2.8 acres instead of the original 2.4. Mr. Corvan went through all of the changes, showing the changes in parking, the entry way into the commercial area, making it much bigger, adding an increase in the units from 9 to 10 commercial and 27 townhouse units instead of 24. The main concern was the storm water requirement since the natural drainage ran to the opposite side of the property. It was suggested that maybe the town would sell or trade the existing property that the old water tower is now on for storm water use. Mr. Harrison felt this would be of no benefit to the town; the board had possibly discussed trading the water tower property for some additional parking spaces that would benefit the town's parking problems for new businesses, but he did not feel that it would be to the town's best interest for storm water management, since we are in need of more municipal parking. To give property away for no benefit to the town is not negotiable stated Mr. Harrison.

The center park area was also made bigger, being approximately 75x110 ft.

Mr. Harrison stated that he had no objection to the plan; the general concept is feasible and as good as can be done on this property. The board asked some questions as to where the dumpsters would be and how many would be required.

The discussion continued on Mr. Hall's staff report, concerning storefront area, roof lines, awning poles on sidewalks, which Mr. Corvan stated are not awnings as they appear to be - it is a metal roof with real wood columns. The staff report is included in the minutes for further review of the discussion.

Mr. Hall then suggested that he would like to do a staff report on the new submittal. All board members were invited to visit Mr. Hall's office for review. Mr. Corvan stated that he had not done this in three dimensions as requested yet; Mr. Harrison advised him to wait until the submittal is closer to being complete. Mr. Corvan asked to return to the meeting on April 20th. Mr. Harrison said that for the record the access next to the bank the little pennant that sticks out or pie shaped parcel, I understand that the right of way does not cross that. Mr. Outten said yes it does cross. Entrances and pedestrian access were then discussed.

Line Revision Michum Enterprises:

Mr. Hall presented a survey plat. There are two separate items on the agenda tonight for this property. This one consists of a single line revision.

Mr. Hall explained in his staff report that Mitchum Enterprises are proposing to keep the Old Antiques Store on Main Street, as two lots with the lot lines redefined as shown on the plat attached in the minutes. The existing site consists of two parcels as indicated on the deed when the applicants purchased the property. The exact location of the lot lines cannot be determined by the surveyor "due to the nature of current and past deed descriptions." In order to reduce the nonconformity of the site with the proposed Special Exception uses, and in order to maintain the economic value of two separate commercials parcels.

Mr. Hall described the setbacks and that they have the proper setbacks and it meets the Zoning Ordinance requirements. Mr. Harrison said you could almost call this a clarification that the line looks the same as on the tax map.

Motion was made by Mr. English to authorize the Chairman to sign the plat since it meets all applicable requirements. Motion was seconded by Don Haring. All were in favor of Mr. Harrison signing the line revision plat.

Special Exception Mitchum Enterprises:

Mr. Harrison said this is a special exception for use for each lot.

Renderings for three dimensional plats which were requested were presented for review by the architect for Mitchum Enterprises. Mr. Hall stated that he and Mr. English had worked together on this staff report and pointed out that on page 2 items 1 thru 6 were taken from the applicant's narrative. On page 3 section C has been taken directly from the zoning ordinance since we have not had a Special Exception application for some time, just what your duties are as an advisory for the board appeals, and your use list that would be allowed in the village redevelopment sub area. We call that in the zoning ordinance multi use sights are done by special exception and everything in the village redevelopment sub area is done by special exception. Last attachment is the applicant's application form. This is the first step of the Planning Commissions recommendation for the Board of Appeals, the Board of Appeals case is now scheduled for May 12th at 7:30 p.m. Mr. English asked that everyone review the report: The Zoning Administrators comments are as follows: The requested Special Exception uses are permitted in the Village Overlay Zone as part of the Village Redevelopment Sub-Area.

Mr. Hall stated that it is your duty to recommend to the Board of Appeals as a Special Exception use according to the ordinance. The issue of parking requirement was discussed as being a partial issue, since we have on the agenda tonight an amendment to the ordinance for parking. The Special Exception that they are applying for is for the restaurant and the small building not the back building. Parking states there is one parking area to every 200 ft of structure; it does not apply to the back building. They will have to ask for another Special Exception for anything having to do with the back building. Tonight we are proposing 19 parking spaces, technically they need 22, however we have in our ordinance already in the parking design standards which states shared parking is encouraged. Shared parking can be used with both of these buildings, and based on that line in the ordinance, this helps with the strict interpretation that 22 spaces are needed for those uses. In addition please consider along with this the amendment to the parking standards.

Mr. Hall read the amendment. We are going to ask you later to make a recommendation to the Town Council whether to adopt this ordinance or not, this Ordinance already sort of applies; we already have on street parking on Powell Avenue and several other streets in the redevelopment sub area.

Staff report is included in the minutes.

Attorney Booth said the only thing that you are dealing with tonight is the special exception application for uses, not with structural issues related to the buildings. The last two pages of the staff report is what the applicant is here for tonight. Ultimately those five or six criteria are issues that the Board of Appeals is going to consider after a hearing. The only thing that you need to do tonight is to make a recommendation to the Board of Appeals that they either grant or deny the Special Exception of uses. Mr. Armistead might want to address that they have met the criteria.

Mr. Adams said that in item B, it states there will be no adverse impact on traffic flow or control. I disagree.

Mr. Harrison said we need to determine whether we think these uses are appropriate.

Attorney Booth said that the board has to find whether Special Exception uses are permitted for this property. Mr. Harrison said, do we want economic rehabilitation within the town of Trappe; do we want stores or just remain residential, every application will have issues. What do we want to do? Mr. Adams stated this issue pertains to this one specifically. Mr. English stated the reason for including the application for special exception was so that you could read their responses.

Mr. Adams said we have more than just a restaurant, we have a market also. We have an issue of beer and light wine. I realize this is the liquor boards jurisdiction not ours.

Mr. Armistead spoke represented Mitchum Enterprises, explaining the request for special exception uses. Parking proposed to use shared parking, we intend to formalize in an agreement as long as being used under shared parking for both buildings.

We are making a request for a recommendation to the Board of Appeals by Special Exception to permit multiple uses on this site.
  1. A sit-down restaurant to be located on the first floor of a new structure that will replace the existing structure located at 4021 Main Street and consisting of less than 10,000 square ft. of gross floor area.
  2. Up to three (3) residential apartments and or/offices to be located on the second floor of a new structure that will replace the existing structure located at 4021 Main Street.
  3. One or more office uses, in lieu of one or more of the residential units, to be located on the second floor of a new structure that will replace existing structure located at 4021 Main Street.
  4. Retail sales of food, beer, and light wine (subject to the issuance of a Class A Alcoholic Beverage License to the Applicant by the Talbot County Board of Liquor License Commissioners, which shall take place in a temporary location within the structure shown and designated on the attached site plan as "FRAME SHED" following the completion of renovations to that structure. Following the replacement of the structure located at 4021 Main Street. Applicant intends to relocate the sales of alcoholic beverages to that structure following the issuance of a Class F Alcoholic Beverage License by the Talbot County Board of Liquor License Commissioners.
Applicant will request additional Special Exception uses to be located in the structure at 29375 Maple Avenue in the future.

Mr. Harrison asked if anyone had any questions. Let's take the Corner property the store use as a restaurant and 3 apartments and/or offices.

Mr. Adams made a recommendation to the Appeals Board to reduce number of offices/ apartments to two allowed in the special exception giving more parking spaces.

Motion was made by Mr. Adams to recommend to the Appeals Board to reduce the number of offices/apartments to two allowed in the Special Exception giving more parking spaces. Motion was seconded by Mr. Haring.

Vote: Quidas - Yes, Adams - Yes, Harrison - No, Haring - Yes, English - No

Mr. Adams asked if this could be 1 apartment and 1 office, yes it could be. That will be up to Appeals Board whether or not there will be two or three.

Mr. Harrison asked if there was any discussion on approving the use of a restaurant.

Motion was made by Mr. Adams to approve Special Exception uses as a restaurant. Motion was seconded by Mr. English.

Vote: Quidas - Y, Adams - Y, Harrison - Y, Haring - Y, English - Y

Second Property:

Mr. Harrison the request is for Special Exception use as a food, alcohol, and light wine sales.

Motion was made by Mr. Haring to approve Special Exception use for food, alcohol, light wine and sales. Motion was seconded by Mr. Quidas.

Vote: Quidas - Y, Adams - N, Harrison - Y, Haring - Y, English - Y

Mr. Hall will write a motion to go with the package for the Board of Appeals to be initialed by Mr. Harrison.

We will skip to On Street Parking at this time.



NEW BUSINESS:

On Street Parking:

Mr. Harrison this is a recommendation to the town to approve or disapprove or modify.

Mr. Hall said this ordinance is applicable to whatever uses that would come forth in the village redevelopment sub area.

Mr. Harrison everything is from the existing ordinance except the last paragraph on page three in bold. This is the only change.

Attorney Booth said that since I drafted of this, one of the reasons is that you are always going to have parking problems in existing towns. If you want to do what your Village Redevelopment Sub area says we will have to address parking. My idea was to permit reduction where there is shared parking or adequate on street parking, but only if the Board of Appeals makes a specific finding of fact for each as to each property that comes before them, that way it is done as a case by case basis where appropriate. Some cases may not be appropriate for on street parking. This is why we did as a Special Exception.

Elizabeth Ferguson asked, is there not parking next to the Episcopal Church by the ball field, isn't that a five minute walk from Maple and Main. Mr. Hall yes, but that is not in the Village Redevelopment Sub area. The discussion continued on the places where there are short five minute walking distances.

Attorney Booth explained this ordinance does not establish any on street parking; you have very rigid requirements on parking areas. If you are going to encourage parking in the Village Redevelopment and commercial uses, you will have to give some relief with this amendment.

Mr. Harrison said that this permits the Appeals Board to recognize on street parking if adopted and exists by resolution of the Town Council.

Motion was made by Mr. English to send a favorable recommendation to this amendment of "off-street parking" to the Town Council. Motion was seconded by Mr. Quidas.

Vote: Quidas - Y, Adams - Y, Harrison - Y, Haring - Y, English - Y

Mr. Harrison said we will postpone the Commercial Design Guidelines until next week.



Announcements:
  • April 11th thru 15th - Voter Registration
  • April 16th - St. Paul's Dinner - 5:30 - 7:30 p.m. - Chicken & Ham
  • April 19th - Special Town Meeting - 7:30 p.m.
  • April 20th - Planning & Zoning Meeting - 7:30 p.m.
  • April 29th - Special Trash Pickup
  • April 30th - Spaghetti Dinner - Trappe Methodist Church for Easton Middle School Drama Club
  • May 10th - Election
The meeting was adjourned at 9:00 p.m.

Respectfully submitted:

____________________
Joedy Cecil Town Clerk

___________________
Approved: Edgar Harrison
Chairperson