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
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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
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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
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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,
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-~~h~'"
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,.': "1f:~;\c; (:', t
. .'ttf'l> J I "I r
...-- --- ~' ,i':=-:1? \ q!' '. '
,-:':::/':i;;;:J '. r. \ "I i !
- .". "'" ... ......,
/:.~._. .'r~'v >.....,'>>"~.:.:~.~'t..... l
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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
\
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-
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-
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citizen surveys, and more.
development. She served as
director of the National Ii11st
for Histlnic Preservations
National Main Street Center from 1991 to 200-+.
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Design & Aesthetics
Covering a spectrum of
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and the use of design guide-
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preference surveys.
Ethics
Short articles on ethical situa-
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and others often encounter,
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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
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