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HomeMy WebLinkAboutMarch 1, 2005 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. ColumbIa Heights, MN 55421-3X7H (763) 706-3600 TOO (763) 706-3692 Visit Dill' Website lit: H'\\'II'.ci.collllllhia-heights.//IIl.11S PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, MARCH 1,2005 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of February 1,2005 3. Public Hearings: NONE 4. New Business: o Planning Commission Training 5. Other Business: NONE 6. Adjourn MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson GY'ommunity Develooment\Planninll & Zoninll'Allendas\2005\March 2005 Agenda,doc THE eiTY OF COLUMBIA HE!I::;HTS DOES NO-roISCRIMINA'TE ON THE BASIS OF DISABILITY IN Er:\'PLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNll Y EMPLOYER ~'''''''--.'-"-'''''''---"_'__'_____'''''''~~~~''''''_'''",'~m'__. .____,_ PLANNING & ZONING COMlVllSSION MINUTES OF THE REGULAR lVIEETING FEBRUARY 1, 2005 7:00 PM The meeting was called to order at 7:10 pm. By Chair Szurek. Roll Call: Present: Schmitt, Szurek, & Fiorendino Also present were Pat Smith (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Schmitt, second by Fiorendino, to approve the minutes from January 4, 2005 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Planner Smith held a training session on Comprehensive Plans and the Role and Responsibilities of the Commission. He explained there are four main goals oftbe Commission. 1. To implement the Comprehensive Plan using various tools including the Zoning Ordinance, the Building Code, the Subdivision Regulations and the Capital Improvement Programs. 2. To keep the Comprehensive Plan up to date. 3. To stay non-political. The Planning and Zoning Commission members must rely on established policies and represent the community as a whole. 4. To gather public input and hold public hearings as required. Smith stated the most important task they are responsible for is updating the Comprehensive Plan and seeing that it is followed. The Plan must be updated every 10 years. This must be done again by 2008. However, Planner Smith said it is staff's goal to update the Comprehensive Plan within the next year. He addressed the differences between the Comprehensive Plan and the Zoning Ordinance. He reminded commission members that when receiving public input which is required, they must remain objective and make their decisions based on the established policies and goals that have been set. Some residents can get very vocal regarding some issues that affect them, but that isn't necessarily indicative of what is best for the community as a whole. Planner Smith reviewed the steps taken to prepare the Comprehensive Plan- 1. Assess current conditions ofthe City. 2. Develop goals for the community. 3. Develop Plan Elements of what the community will look like in the future. 4. Prepare Land Use Map. 5. Decide how to Implement these goals. Smith then reviewed the steps taken to amend t~ 1 ~omprehensive Plan. PLANNING & ZONING CO:MMISSION MINUTES PAGE 2 FEBRUARY 1,2005 Smith covered the ethics involved in serving on the Commission. He stated why ethics are so important when making decisions and upholding the Comprehensive Plan. While sometimes the Commission is just a recommending body to the City Council, other times it is the body that holds the Public Hearings, or in the case of an appeal, it is the body that has the final say. The members will review this section more closely and may have some of the key principles added to the Agenda Page as a reminder to the members and the public what role they serve and what principles are followed when making their decisions. :MISCELLANEOUS ITEMS Planner Smith updated the members on the Industrial Site Project, Grand Central Lofts Site, and various properties along Central Avenue. He explained the City is currently working with Ryland on the possible construction of280 townhomes for the first and second phase ofthe Industrial site. The third phase would be done by Schaffer-Richardson for the condos and flats. There was a discussion regarding recent inquiries to open used car lots at various sites along Central Avenue. The commission directed staff to look into passing a moratorium to prevent this type of use along Central Avenue until the proper action can be made to the Zoning Ordinance to prohibit this as a pennitted use in that zoning district. They all concurred, in keeping with the intent of the Comprehensive Plan, this is not the type of business we want to allow along Central. Motion by Fiorendino, second by Schmitt, to adjourn the meeting at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary n.,,,,,, CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. ColumbIa Heights, MN 5542l-3Xn (763) 706-3600 TOO (763) 706-3692 Visit 0111' Website (It: \\'\\w,ci.co/lIl/lbia-heights.l/lll.IIS Mayor: Gary L. Peterson Councilmembers: Bobby Williams Tammera Ericson Bruce Kelzenberg Bruce NawrockI City Manager: Walter R. Fehs! COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning Commission FROM: Patrick Smith, Senior Planner DATE: March 1,2005 RE: Zoning Ordinance, Conditional Use Permits, and Rezonings This is the second of four planned training sessions for the Planning Commission. We will cover the Zoning Ordinance, Conditional Use Permits and Rezonings. Please review pages 57- 70 in your Planning Made Easy notebook. Zoning Ordinance ~ The Zoning Ordinance (consisting of a text and a map) regulates the use of the land. The text contains the regulations, and the map shows the location of the land use zones or districts within the boundaries of the community. Municipalities have no inherent power to zone, except as conferred by state statute. Zoning enabling legislation is the tenn given to the statutory scheme by which state legislatures delegate zoning authority to local governing units. State Statute 462.351 gives municipalities the power to plan, and State Statute 462.357 gives municipalities the power to adopt zoning regulations (see attached). Conditional Use Permits - Conditional or Special Use Permits (CUPs) allow uses that normally would not be permitted in a specific zoning district if certain conditions or standards listed in the Zoning Ordinance are met. The conditions are designed to ensure that the use will not adversely affect nearby, existing uses. If an application meets the standards listed in the Zoning Ordinance, it generally must be approved. The courts will scrutinize the denial of a CUP more closely than the denial of a rezoning or a variance because a CUP is on permitted by the ordinance and the issue is simply whether the standards have been met. A conditional use permit is attached to the property and not the applicant. Thus, if a property is sold, the conditional use may remain if operated in the same manner as before provided the conditions are met. The CUP remains in effect as long as the conditions are met. G:\'col1ll1lunity Developl1lentlPlanning & Zoning\2005 P & ZITraining #2- Zoning. CUP.doc THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER The Columbia Heights Planning Commission reviews and makes a recommendation to the City Council for approval or denial of a CUP. A public hearing is required for a C.U.P. and is held by the Planning Commission. A notice is placed in the Sun Focus 10 days in advance of hearing and notices sent to property owners within 350 feet of the subject property. Page 4-6 of the Zoning Ordinance lists nine criteria that must be met in order for the City Council to approve a Conditional Use Permit. These conditions include: 1. The use is one ofthe conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. Rezonings and Zoning Amendments - Rezonings are amendments or changes to the Zoning Ordinance. Rezoning is the change of a zoning classification on the official zoning map. Zoning amendments are changes to the text of the Zoning Ordinance. Rezonings and amendments are legislative acts that cannot be delegated to administrative officials. Because zoning amendments are legislative acts, the City has broad discretion. The City's zoning decision will only be stet aside when the decision is unsupported by any rational basis. The Planning Commission holds public hearings on rezonings prior to making a recommendation to the City Council. A notice of public hearing is published in the Sun Focus 10 days prior to the Planning Commission meeting, and notices are mailed to property owners within 350 feet of the subject property boundaries. February 18,2005 Mayor and City Council City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Subject: Resignation from Planning and Zoning Commission Dear Mayor and Council: It is with mixed emotion that I submit my resignation from the Planning and Zoning Commission. My wife and I are building a town home in Blaine and will be moving early in May. Since I will no longer be a Columbia Heights resident, it makes me ineligible to be a part of the Planning and Zoning Commission. Joanne and I will always love Columbia Heights and our loyalty will always be with the City I have enjoyed my experience serving on the Commission. I have learned a tremendous amoUnt about planning and zoning and have appreciated the efforts of the other members. I will miss the opportunity to be a part of future planning efforts in the City of Columbia Heights. Thank you for selecting me to serve on the Commission. This notice is effective immediately as we will be going on vacation the first part of April. Sincerely, ~gJJ Phillip BaRer 4906 Jackson St. N.E. Columbia Heights, MN 55421 jb 590 40th Avenue N.E.. ColumbIa Heights, MN 55421-3X7X (763) 706-3600 TOO (763) 706-3692 Visit Our Weh.l'ite (1(: \I'\\'II'.ci.(,o/ulllbia-heigiIts.lIlll.u.I' Mayor: Gal)' Peterson Council members: Bobby Williams Tammera Ericson Bruce Kelzenberg Bruce Nawrocki City Manager: Walter R. Fehsl CITY OF COLUMBIA HEIGHTS COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning Commission FROM: Patrick Smith, Senior Planner DATE: March 1,2005 RE: Planning Commissioners Journal The City has subscribed to the Planning Commissioners Journal. It's a quarterly publication, and we'll make copies of the pertinent articles for the Commission. I am enclosing two articles from the latest newsletter. The first article is on the aging population in the US, and some of the issues that Planning Commission members will face due to this trend. It is interesting to note that at the beginning of the 20th Century only 1 in 25 persons was considered senior citizens; that number is now 1 in 8 and will balloon to 1 in 5 in the next 25 years. The second article is about the importance of downtowns to communities. G: ICommunity Development\Planning & Zoning\2005 P & Z\Planning Journal - March.doc THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNll Y EMPLOYER CURRENT PLANNING ISSUES The Impact of an Aging Population on Planning '" elieve it or not, Wally and the Beaver will be retiring soon. When they do, they will be part of 77 million "baby boomers" moving into a new stage of life. The baby boomers are, of course, that huge demo- graphic bulge of post-World War II chil- dren. Just as the boomers created challenges when they first went to school in the 1950s, went on to college, entered the job market. and started having their own children, they will create new chal- lenges for your community as they become empty nesters, retire, and con- tinue to age. The statistics are striking. By the year 2030, the number of persons 65 years or older will double in size to constitute 20 percent of the U.S. population. At the beginning of the 20th century, only 1 in 25 persons were considered senior citi- zens: that number is now 1 in 8 and will balloon to 1 in 5 in the next 25 years. There are obviously many national implications of an aging population, most of which are beyond the scope of this article, e.g., the impacts on the social security and healthcare systems. This article focuses on some of the communi- ty planning issues that local planning commissions will be facing. \\'hat can we anticipate about this segment of the population as it ages? First, it will continue to be a very diverse group of people. It will vary greatly from a number of perspectives: socioeconom- ic, cultural, political, health, race, gen- der, and others. It would be a mistake to consider them to be a homogeneous demographic block. Second, we can expect them to continue to want to live active and independent lifestyles. Finally, many will want to "age in place," if not in the same house, at least in the same com- munity. Providing people with the opportuni- ty to age in place is being increasingly C Gregmy Dale, FArep recognized as being important for local planning. For example: · The Department of Health and Human Services has already issued grants to communities to implement demonstration programs to develop and test ways of promoting the ability to age in place. Most of these programs have so far focused on providing access to senior support services and health care, · The National Association of Home Builders is offering a "Certified Aging in Place" training program for its members to learn skills essential to what it calls "the fastest growing segment of the resi- dential remodeling industry: home mod- ifications for the aging-in-place." · Arizona recently initiated the "Aging 2020 Plan" process to help pre- pare for the trend. I · Many communities are considering, and approving, housing programs and projects responding to the aging trends that are underway. \Vith the knowledge that local com- munities will face certain predictable changes as a result of an aging popula- tion, it is a good idea for your planning commission to start to think through some of the planning issues that your community will need to deal with. The following is a summary of just several of those issues. 1 The current draft plan is available on Arizona's Department of Economic Security web site: <www.de.state.az.us>. then search under Aging &: Elderly /Governor's Advisory Council on Aging. l. Housing Choices We can reasonably assume that as people age, some will choose (either by preference or by necessity) to consider alternatives to the single-family detached house on a large lot. Housing and lawn maintenance will become increasingly difficult or undesirable for many aging people. Yet, single-family housing remains the style most prevalent in sub- urban communities. We are already seeing market demand for alternative housing options. For example, what the housing industry calls "lifestyle housing," consisting of high amenity single-family homes on small lots, often with common maintenance, has already begun to enter the market. We also witnessed an initial surge in assisted and congregate living housing in recent years! While this slowed down due to overbuilding, we can expect that this market will get hot again as the aging baby-boomer process continues. Com- munities will need to be prepared to deal with a diverse range of housing products. At the same time, experience shows that any house style other than detached single-family often faces local opposition and controversy. The challenge for com- munities is to determine whether they want to provide housing options enabling life-long residents to remain in the community as they age, or whether these residents will be forced to find housing elsewhere. 2. Land Use The location and mix of housing rela- tive to other uses is a related issue. Will 2 There are a number of terms used to describe the growing variety of senior housing arrangements. "Congregate housing" generally means independent living in separate apartments, with opportunities to share activities and meals with other residents. Many "senior apartments" also offer services and opportuni- ties for residents to participate in activities together. "Assisted living" facilities typically provide three meals a day, supervision of medications, and access (often on-site) to skilled nursing and medical care. PLAJ\J\ING COMMISSIONERS JOURNAL / NUMBER 57 / WINTER 2005 .D.__ graying baby-boomers continue to want to live in communities where the auto- mobile is necessary for every activity~ Should cities and towns explore mixed uses that allow seniors the opportunity to experience community life without getting in the car? There is a growing interest in rethink- ing the way in which we have segregated land uses from one another, and encour- aging modern versions of mixed use town centers where people can shop, work, recreate, and learn in a neighbor- hood environment. Many people feel that the aging population trend has the potential to fuel additional interest in this as more baby boomers look for alter- native living arrangements. Senior housing provided by non- profits and public agencies for low- and moderate-income residents has often been located in downtown areas - recog- nizing the advantages of proximity to health and social service agencies, public transit, and other activities. As wealthier baby-boomers age, cities - and develop- ers - are increasingly promoting down- town living for this group for many of the same reasons, not to mention having restaurants and cultural attractions with- in walking distance, For many cities this also ties in to an interest in strengthening their down- towns. In San Diego, for example, 5,000 people moved into downtown in the last five years, bringing the total residential population to over 20,000. Estimates are this number will reach 80,000 by 2030.3 And many will be aging "empty nesters. " .0 On-Line ~~::~~~~ty, lmli- ana, retirees have often become count;' acti\'ists. In the past they have researched and improved county road maintenance processes (pushing for widening and strip- ing rural roads for safer night time dri- ving). They have highlighted areas where taxes are being wasted, they have worked to improve sanitary sewer accessibility, and some have worked to enlighten politicians on past practices. Retirees can often bring expertise from their previous jobs. They also probably haw the advantage of no longer having any conflict of interest with projects in the jurisdiction, if they are retired from archi- tecture, realty, or construction interests. My hushand is a geriatrician - he can attest to the fact that there are many vihrant elderly citizens in our communities. Therc arc also quite a few whose minds are sharp, and with a few accommodations, they can still be assets to their communities." - Cl1I1stine Sluelln; LalVrencebwJ; (Dearborn County), Indiana "The kinds of transportation improve- ments that benefit the elderly also benefit other segments of society - the young, the disabled, and those without access to a car. (And. many of us regular folks, who are not elderly, but sure appreciate the inter- nally illuminated street signs at night I 1. Also, changes in land use patterns, such as promoting elderly housing closer to the city center. would result in better access to existing transit sy~tems and better peclestri- an opportunities - \\['tU1Y Grey, A.IC?, nt'ndy Grey Land Use PIU/wing, Talla/HIssee, Florida "The P&:Z Commission I serve on is very lucky to have 'seasoned' members as well as lots of input from our community's '~easoned citizens.' Their input is invalu- able and helps to provide a 'complete' look at ~ome of the challenges that we face as a commission and as a community" - Cllurles Spraglle, PlclI1ninis c~ Zoning Com- missiolln; Suehse, Texas "There arc significant problems with transit availability outside central cities. Suburban fixed routes are not just infre- quent in the ofT peak, they arc also poorly coordinated in most large suburbs, with buses not timed to meet at transfer centers ... Paratransit or dial-a-ride systems in most locations arc inefficient and many push for advance reservations. The most efficient para transit systems are those that take calls like a taxi company However, some operators are actually concerned that if they provide convenient service they'll get inundated and not have enough vehi- cles and drivers." - Dan Benson, PE, AIC?, Daniel Benson c~ Associates, Oceallside, California 3. Transportation Options As people age there will be more interest and demand for alternative transportation modes. This is explored more fully in Hannah Twaddell's article in this issue. From a community per- spective, the importance of designing for "walkability" or pedestrian comfort is also important. The quality of sidewalks, the safety of street openings, the provi- sion of pedestrian amenities, and the sense of security provided, all contribute to the "friendliness" of communities for pedestrians, THE CHALLENGE FACING COMMISSIONERS What can planning commissions expect as a result of the demographic trend of an aging population? There are several things to watch for: -As the trend heats up, you can expect to see more density being request- ed as part of senior housing projects. - Some of these requests will be con- troversial, particularly if they occur in areas that are traditionally single-family - Unless your zoning code is updated to account for new types of housing uses, the traditional categories of single-famil)~ multi-family, and nursing homes will make it difficult to accommodate new kinds of senior housing. Communities will need to think through a broad range of issues associat- ed with aging. As a planning commis- sioner, you will likely face the challenge of balancing the needs of an aging popu- lation with the views of those in your community resistant to accommodating new, and some times denser, senior hous- ing developments. . C. GtTgory Dale is a Principal with the plan- ning and zoning finn of IVleBride Dale Clarion in Cincinnati, Ohio, and a Fellow of the American Institute of Certified Plan- nas. He manages planning projects and also regularly conducts trainingfar planning officials. 3 According to San Diego's Centre City Development Corporation, the City's uowntown redevelopment agency. PLANNING CnMI\IISSll)NERS /l)LRNAL / NU:VIGER 57/ WINTER 2005 lit DO\VNTOWN MATTERS Why Downtowns (Should) Matter to Planning Commissioners Editor~ Note: This is the first of a series of columns by Kennedy Lawson Smith about down- towns. In coming issues, Kennedy will be talking about various aspects of downtown revitalization, downtown economics, business development, his- toric preservation policies, parking and pedestrian issues, and the role of downtowns in our changing society. Kennedy has a tremendous amount of experience in this field, having served as director of the National Trust for Historic Preservation~ National Main Street Center from 1991-2004. and spoken on downtown issues in towns and cities across the country. \Ve certainly share her strong belief that downtowns matter! Aerica's downtowns have W; rough time over the past fifty years or 50. In the mid-1970s shopping malls clobbered many small downtowns. Malls flooded the retail market with far more commercial space than American spend- ing, robust as it might be, could support: retail space grew almost ten-fold between 1960 and 2000, from four to 38 square feet of retail space per capita. It wasn't that Americans had suddenly gotten rich (we hadn't). But, thanks to the passage of the Interstate Highway Act of 1956, we were moving farther away from town centers, buying our own private pieces of paradise in the new suburbs. And retail - always a market follower, never a market by Kennedy Lawson Smith leader - followed us out there and sold us all the stuff we'd been buying down- town, but now in a spiffy, climate-con- trolled environment with artificial trees and free parking. Around 1980 a new player - Wal- Mart - appeared on the scene, single- handedly bringing about the greatest transformation (so far, at least) in the history of retailing. About half of all the retail space in the U.S. has been built since 1990, and most of it has come in the form of discount superstores. The malls and superstores not only diluted the nation's market for retail space, they also pitted communities against one another in the competition for retail sales tax and property tax rev- enues. In 1950, the average retail trade area of a typical small- or mid-sized American community was about 15 miles. That was as far as someone was generally willing to travel to go shopping or do busi- ness. By 2000, it had grown to 50 miles, meaning that a commu- nity's retail trade area now routinely overlaps those of four or five other similarly-sized communities, Downtowns - whose business and property owners had never before I The 95-aae two-level Southdale Center Mall, with parJ/ingfo,' 5,200 cars. opened on Oct. 8, 1956 in Edina. Minnesota, near Minneapolis. It was the countrvs first fully enclosed shopping center. with a constant temperature of 72 degrees. had to organize themselves to compete with significant threats like these - were poorly prepared to deal with this new world of retailing. As downtown busi- nesses died or relocated, downtown property owners had less rental income with which to maintain their buildings. Downtown buildings began deteriorat- ing, and many downtown districts start- ed looking shabby, deterring shoppers, America's main streets slipped into a downward cycle of disinvestment and decay. DOWNTOWN REVITALIZATION Fortunately, many downtowns have made a successful comeback, and many more are doing so every day Revitalizing a downtown is a complex process, requiring patience, innovation, and ongoing commitment from a broad range of organizations and agencies. One of the greatest ironies about downtown revitalization is that it doesn't really take place downtown. Sure, there are lots of things that can happen down- town to make the district healthier and more attractive - from building improve- ment programs, to business development initiatives, to festivals and special events. But if the communitys planning, zoning, and other land use policies do not encourage the concentration of econom- ic activity needed to support the down- town, all the revitalization activities that happen downtown will ultimately have short-lived benefits. That makes plan- ning commissioners' jobs particularly crucial to the revitalization process. Downtown revitalization is essentially a real estate exercise: to make a down- town "succeed" economically, there needs to be enough sales activity taking place there to generate sales levels high enough for the businesses to afford the rent levels that property owners need to rehabilitate and maintain their buildings. continued 011 page 18 P L ,-\ N N I N G COM 1\1 I S S I () '.; E R S J () U R ~ ,-\ L / i\ U M B E R 5 7 / 'vV' I N T E R 2 0 0 5 ..... Why Downtowns (Should) Matter? colltinued from page 20 Sales ~ Rents:' Maintenance and Rehabilitation There are many different combina- tions of businesses and other uses that can fit into this equation. But regardless of the combination, there must be enough sales actiyity to support the rent leyels needed for the real estate to work. Downtowns should be the easiest place in the community for someone to open a new business, rehabilitate a build- ing, or deyelop a new infill project. Unfortunately, the reverse is too often the case. Zoning regulations and overly reslric- tiye codes, for example, frequently make it difficult to put residential units upstairs, above a restaurant or a retail space (not only limiting potential rental income, but leading to fewer people liv- ing downtown). Design review can take time and slow down the process. On-site parking requirements - designed for sub- urban-style detached housing - are often excessive for upper-floor housing in a walkable district. The list goes on. But slicing through red tape and elim- inating unnecessary regulations is not enough. It is essential for communities to make creating an economically and cul- turally vibrant downtown a top priority. Downtown development needs to be at the center of the community's land use priorities. There are a number of reasons why downtowns (and downtown revitaliza- tion) should be a top priority for plan- ning commissioners: · Downtowns are an extremely effi- cient land use form. Compact and walk- able, downtowns pack a wide yariety of functions - retail and service businesses, small industry, housing, government activities, religious institutions, civic organizations, cultural activities - into a relatively small amount of land. · Downtowns represent an enor- mous amount of investment already in place. The city has already spent money for water and sewer lines, curbs, streets, police and fire stations, and lots of other infrastructure downtown. It makes fiscal sense to maximize use of existing invest- ments. · A downtown's historic buildings provide a distinctive market identity for the community. Shopping malls and commercial strips look essentially the same everywhere, But a downtown's his- toric buildings make it a one-of-a-kind place, unlike any other community. That distinctive identity, when used correctly, has great market value, distinguishing each downtown from all other commer- cial centers. . Downtowns attract and cultivate Keeping downtowns strong means herring the111 attractive. Here, new Ctrcs and paving arc being installed along Burlington, Vennont\; main downtown street. . , ...- ,. ..~ Freedom or expressionJor all ages can be cclc1J1at- cd in aliI' downtowns. independent, locally-owned, business- es. In part, this is because shopping mall developers usually prefer national retail- ers, as nationals are (generally) financial- ly stable "credit tenants" with excellent credit references and able to commit to long-term leases. The rent structure of many downtowns is also lower and more flexible than that of malls, important for smaller, start-up businesses. Finally, the distinctive character a downtown pro- vides tends to attract independent retail- ers, who generally return a higher percentage of their profits to the commu- nity than national retailers (who typical- ly return their profits to their stockholders or invest them in corporate expansion). · Downtowns create new jobs. Just as downtowns are natural incubators for independently owned businesses, the small businesses that locate downtown are incubators for new jobs. In recent years the number of jobs in historic downtown districts from "location neu- tral" businesses - businesses tha t, because of the advent of the internet and overnight delivery services, can locate anywhere - has soared. Many of these are in small industries that gravitate to upper-floor spaces, old warehouses, and other unique downtown spaces. · Downtown development mini- mizes air pollution. This may seem counter-intuitive, given the traffic that sometimes seems to jam downtowns. But because they are walkable (once you're there) and have a dense concentration of PLA~Nl~G COMM1SS10l\ERS JOURNAL / NUMBER 57/ WINTER 2005 .~ ------ uses, downtowns are actually much less automobile-dependent than highway- oriented commercial development. Given their density, even small down- towns also provide areas in which public transit can operate more efficiently. The U.S. Environmental Protection Agency, in fact, promotes downtown revitaliza- tion as a tool for improving air quality in smog-prone regions. There are a few more reasons impor- tant to me - and perhaps to others - for making strong downtowns a priority: · Downtowns are true civic places, where you can organize a festival, stage a demonstration, or hand out political fly- ers. You can't do those things at most malls or lifestyle centers. I · Downtown revitalization is the ultimate form of recycling. Each year, the U.S. buries about 33 million tons of wood-related construction and demoli- tion debris in solid-waste landfills, accounting for almost half of all the material there. As this wood decompos- es, it releases 5 million tons of carbon in the form of methane gas, equivalent to the yearly emissions of 3,736,000 pas- 1 Editor's Note: The u.s. Supreme Court has found no First Amendment right to protest or distribute political leaflets in pri- vately owned shopping centers. Lloyd Corp., Ltd. v. Tanner, 407 US 551 (1972). As the Court held: "There has been no dedication of petitioner's privately owned and operated shopping center to pub- lic use so as to entitle respondents to exercise First Amendment rights therein that are unre- lated to the center's operations." Most state Supreme Courts have corne to silnilar conclu- sions applying state constitutional provl- ~~-I~.I.. d~F,c, .~'allL' :'.;,t';~~.1 "-'t~~:"~;;"~ ~"-, .. .~~~:,,~;.~~;..;:;o.~~~~ _'" ~ '~>,:, "~:;~~~I_UIIIl&!liiililJ~;I.::::::~~ . . .! -~~h~'" '-~~~'" I ,"-:-~l. .~.~... ~, -j r- ,.': "1f:~;\c; (:', t . .'ttf'l> J I "I r ...-- --- ~' ,i':=-:1? \ q!' '. ' ,-:':::/':i;;;:J '. r. \ "I i ! - .". "'" ... ......, /:.~._. .'r~'v >.....,'>>"~.:.:~.~'t..... l ~...--~ -'.' .......... ~_,,~l~ jilt; . .c,~.-/' ..J..,.:-~.' ~ j I ~ Portland, Oregons, huge Lloyd Center was the focus of a landmark 1972 U.S. Supreme COlm ruling which found no First Amendment right to distribute leaflets in a privately owned shoppi ng mall. See footnote. I \ \ \ \ \ - Taking a "o~er lOO~ 1 - 11 sions. senger cars. So, why don't we make it our highest priority to reuse historic build- ings? · Downtowns are places where true innovation often occurs. Superstores' predictable formulas make our commu- nities one big, homogeneous blur. Inde- pendent downtown businesses are the incubators of the great new ideas and the mirrors of local character. Many of the best businesses and building uses I've seen in the hundreds of main street districts I've visited over the past two decades would never have made it through a developer's or a shopping mall management company's filters. Yes, downtowns can have their kinks, and at times be unpredictable places, But we can learn to smooth out some of the kinks, live with others, and celebrate the unpredictabilityl . Kennedy Lawson Smith is a principal with the Com- munity Land Use and Eco- nomics (CLUE) Group, a consulting firm specializing in dO'H.'l1town economic Basic Planning Tools Articles on preparing the comprehensive plan, zoning basics, developing capital improvemcnt programs, esscntials of subdivision regu- lation, the use of maps and citizen surveys, and more. development. She served as director of the National Ii11st for Histlnic Preservations National Main Street Center from 1991 to 200-+. Taking a Closer Look: Design & Aesthetics Covering a spectrum of design issues, including an introduction to urban design and the use of design guide- lines, sign regulation, zoning for aesthetics, and visual preference surveys. Ethics Short articles on ethical situa- tions planning commissioners and others often encounter, including conflicts of interest, ex-parte contacts, bias, accep- ting gifts, political influence, and more. That's just three of our attractively bound, three-hole punched, Taking a Closer Look reprint collections. Our other reprint sets focus on: transportation planning topics; sprawl and today's landscape; planning law primer; "green" essentials; our changing society; and new develop- ment I traditional patterns (new urbanism in context). For the full contents and pricing of each Taking a Closer Look reprint set, visit: www.plannersweb.com or call our office for details: 802-864-9083. P LAN N I N G C 0 '\1 Iv! I S S I U " [ R S J 0 U R 1\ .-'< L / N 1I Lvl B E R 5 7 / \V I N T [R 2 (1 0 5 II