Agenda - Planning Commission - 02/03/1998

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Buffers and screening are also required for nonresidential and multifamily residential development. Complete visual screening of the building, parking, mechanical equipment, outdoor storage areas, and refuse collection areas with an opaque fence or wall is required, up to a maximum height of 10 feet. The operational performance standards require nuisance elements (vibration, light, and glare) to be imperceptible at the lot line. The combination of these simple standards provides flexibility while ensuring compatibility of adjacent uses. Conclusion Each of the techniques described above is an attempt to allow flexibility within standard zoning districts to ensure that at least the minimum elements of height and bulk conform to the neighborhood. These attempts to incorporate the character of the setting into an individual zoning decision without opening the door to the problems of discretionary decision making have great potential for use elsewhere in the country. With a little carefully crafted ordinance language, any zoning code can be made more responsive to the context of zoning. WaI-Mart's Battle at Ticonderoga The historic New York town of Ticonderoga, site of the first American victory in the War of Independence, is the scene of a new struggle over the proposed construction of a 111,000- square-foot, 23-acre Wal-Mart Super Center less than two miles from town ..... After th~ planning board approved the site plan, the Wal- Mart Corporation purchased the land from a local farmer and participated in a subsequent ceremony to break ground. The festivities were short-lived, though, because of a lawsuit filed in Saratoga County State Supreme Court by Responsible Intelligent Growth for Historic Ticonderoga (RIGHT), a citizen group that opposes the development. The suit claims the planning board failed to comply with the requirements of the State Environmental Quality Review Act (SEQRA) by not requiring a full environmental impact statement from the Wal-Mart developer. Despite plans to build this fall, RIGHT ipokesman Dean Cook threatened to seek a restraining order if construction continues while the suit is pending. Planning board chairman Bernard Le~rkes feels the board did not express an opinion either for or against the Wal-Mart development but says the application complied with state law requirements, lending no legitimate reason for refusal. A public meeting to discuss the situation showed major community support for the development. Essex County, like much of northeastern New York State, suffers from a 50-60 percent winter unemployment rate and welcomes the opportunity for additional jobs. Supporting the development, Leerkes expressed concern over the community's persistent loss of sales tax revenue to a neighboring county, where retail availability has attracted many Ticonderoga shoppers. He hopes the Wal-Mart center will reverse that situation, particularly since its site plan was revised to include a large grocery extension. He did, however, acknowledge the declining state of Ticonderoga's once vibrant downtown, where competitive elements on the community's fringe may force a remaining grocery supermarket to close. This type of result has been common nationwide. RIGHT supporters argue that Wal-Mart would ultimately hinder the community's chance for long-term stability, rather than strengthen the local job base. Downtown Ticonderoga remains economically vulnerable despite more than 20 stores still in operation. A thriving Wal-Mart would hardly compensate for losses generated by deterioration of the central business district. To combat the problem, grassroots revitalization efforts are underway. Similar initiatives include a recent workshop held by the National Trust's Main Street program, the authorization of an architectural firm to expedite facade improvements for downtown commercial properties, and waterfront renewal on the nearby River La Chute. Ticonderoga is seeking to 'expand its tourism potential, and downtown prosperity will play a key role in the process. RIGHT will also continue to advocate for more sophisticated planning, including zoning implementation in the downtown and incentives for business retention. Supporters believe such efforts might negate the necessity for big box developments like Wal-Mart. The issue is to go before a judge by the end of the month with a ruling expected early next year. Jay Dolnick Does Sports Plus Religion Equal Gridlock? · The long-anticipated December opening ora $35 million megachurch in Landover, Maryland, is fueling the growing debate over zoning for large religious institutions. The new church is generating excitement among church administrators, but some municipal officials are questioning the widespread implications of the massive structure. The Jerlcho City of Praise sits on 80 acres of former agricultural property and features a 10,000-seat arena complex, sporting venues, educational facilities, state-of-the-art video screens, and a private elevator to escort the pastor from the Green Room to the pulpit. Nearby residential neighborhoods are already burdened by an array of suburban nuisances from Jack Kent Cooke Stadium, home to the Washington Redskins, to the U.S. Air arena, both stark reminders of Landover's recent growth. The church congregation currently stands at 8,000. · Combined with football fans or patrons from other arena events, it is likely that crowds in excess of 100,000 will move through the area on some Sundays. Traditional neighborhood preservationists see such growth as a mixed blessing. The megachurch phenomenon should come as no surprise to many Americans, whose desires for everything from retail to movie theaters to religious institutions grow larger by the year (see "Zoning and Big Box Religion," November 1996). Some observers have noted that many neighborhood churches may suffer a demise similar to that of the neighborhood grocer in the face of powerful supermarket chains. Any problems generated by the Jericho City of Praise, such as illumination, noise, and congestion, still pale in comparison to nuisances from the two arenas, say some area planners who feel controversies over the new church are exaggerated. Most of Jericho's activity will be during daylight hours, setting it apart from the neighboring facilities, both of which host a variety of evening events.