Agenda - Planning Commission - 12/06/2007

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Stores. . . and Why it Matters, argues that large chains can reduce the diversity of locally owned shops, leaving the economy and the customer at the mercy of an absen- tee-owned firm that can raise prices or aban- don the community in later years. Revenues from local businesses tend to circulate within and strengthen the local economy rather than flowing to distant suppliers or corporate headquarters. An increasing number of local governments agree with this assessment and are enacting regulations to curb this prob- lem. Port Townsend, Washington, for exam- ple, enacted a "formula" business ordinance with a purpose statement that reflected this: WHEREAS, the addition offormula retail businesses in the commercial areas, if not monitored and regulated could serve to fnus- trate the Comprehensive Development Plan goal of a diverse retail base with a unique retailing personality comprised of a mix of businesses ranging from small to medium to large and from local to regional to national. While many communities have bene- fited from larger chain and formula retail and restaurants, others want to limit the proliferation of such uses, particularly in their downtowns and central business dis- tricts. From a local land-use perspective, an over-abundance of these uses in concen- trated areas can erode the unique qualities associated with vibrant downtowns and cen- tral business districts. Some proactive com- munities have successfully counteracted the idea of a homogenized commercial core. Local governments are realizing that they do not have to be at the mercy of these retailers in regulating the uses in their downtowns and central business districts. STRATEGIES Relatively few local governments have addressed this issue from a land-use regula- tory standpoint, but there a"re some innovative strategies emerging. The majority of the strategies identified here involve amend- ments to the zoning code, one ofthe most powerful tools a local government has at its disposal. However, it is important to note that many of these regulations originate from and often reference comprehensive plan policies. ZONE DISTRICTS Several of the communities in our case stud- ies have adopted zone districts in their com- mercial core areas with tailored use lists geared to exclude certain uses they feel are too numerous or that are not locally serving. Palm Beach, florida, and Laguna Beach, California, are two good examples. limit. Any businesses larger than 2,000 square feet must have an auditing firm docu. ment that more than 50 percent of receipts come from a local zip code. laguna Beach, California-Resident-Serving District This upscale coastal community in Orange County enacted a resident-serving district in response to a growing concern that busi- nesses in their commercial core increasingly catered to visitors, not locals. According to city planner jenifer Murillo, residents in the downtown area have few affordable options for eating or shopping, and the few thriving locally owned, locally serving businesses are fortunate enough to own their buildings or have long-term leases. In the resident-serving district, different types of uses are subject to specific criteria Local governments are realizing that they do not have to be at the mercy of chain and formula retailers in regulating the uses in their downtowns and central business districts. Palm Beach, Florida- Town-Serving Zone A town-serving zone has been in place for over 15 years in this resort community located north of Miami. The intent of the district is to "create, preserve, and enhance areas of attractive, small-scale, retail, personal, and professional/business services providing for the needs ofTownspersons." To accomplish this goal, the district imposes a 2,ooo-square-foot business size relating to the "resident-serving" goal. The fol- lowing are excerpts from the criteria used to evaluate uses: . General Findings (all uses)- The proposed use will maintain a balanced mix of uses which serves the needs of both local and non. local populations. . FOnllula-Based Business-The business offers merchandise and/or services that serve the cur- rent unmet needs of the resident population. ZONINGPRACTICE 10.07 AMERICAN PLANNING ASSOCIATION I page 3 63