Moratorium Talbot Preservation Alliance 2

Talbot Preservation Alliance

PROPOSED TEXT AMENDMENTS TO EASTON ZONING ORDINANCE

November 1, 1999

· "THERE IS ENOUGH COMMERCML DEVELOPMENT IN EASTON

AT THIS TIME"

(l997Easton Comprehensive Plan)

.· THERE IS AN AVERAGE OF 20 SQUARE FEET OF RETAIL STORE

                                     SPACE PER CAPITA IN THE UNITED STATES- CURRENTLY IN THE

                                    TOWN OF EASTON, THERE IS MORE THAN TRIPLE THE NATIONAL

                                    AVERAGE, 62+ SQUARE FEET PER CAPITA, OF RETAIL STORE

                                    SPACE. (Source: International Council of Shopping Centers)

The Talbot Preservation Alliance {"'TPA"} by and through Easton residents Mr. David Mercier and Mrs. Eileen Deymier, as well as other Easton residents who are members of WA, hereby make application

to the Easton Mayor and Council and the Easton Planning Commission for the text amendments to the Easton

Zoning Ordinance to promote the principles and goals of the Easton Comprehensive Plan.

PART I

General Principles of the Easton Comprehensive Plan.

The Easton Comprehensive Plan is the policy statement upon which these proposed amendments are based, authorized and endorsed. The Comprehensive Plan provides the following general guidelines and principles:

· The Plan will serve as...a framework within which specific development issues can be evaluated and public policy effectuated with the long range growth and development goals as obligations of the Town. (Page 5)

· The ultimate responsibility for ensuring that this Plan is faithfully and consistently implemented... lies with the general public. if you believe in the goals and policies of this Plan, remind Town officials and staff of them at every opportunity for public comments (and)... Encourage Town Policies and programs which are consistent with the Plan. (Page 107)

· It is the purpose of the Comprehensive Plan to provide the Town with a guide to organize it growth in a pattern and at a rate which can be accommodated within the human and fiscal resources of the Town. (Page 12)

PART II

Comprehensive Plan Justifications for Zoning Text Amendments

This presentation of zoning text amendments to accomplish the goals of the Comprehensive Plan is authorized and endorsed by the Comprehensive Plan itself For example:

· To provide guidance for locating public and private land uses in a desirable development pattern, the Plan concentrates on major development issues but does not attempt to address every development issue in detail... Individual development decisions will be reviewed for theft relationship to Plan policies. (Page 3)

· In order for the recommendations/suggestions contained within this Plan to become

a reality... implementing ordinances and regulations need. to be revised in

accordance with the support of this Plan... (and) implemented by the Town's

development regulations. Foremost among these is the Zoning Ordinance. (Pages 105-106)

105-106)

PART III

Specific Zoning Text Amendment Proposals

The submitted Zoning Text Amendment Proposals and the Comprehensive Plan Intent

and Justification for each of them are as follows:

Zoning Text Amendment Proposal #1. A specific prohibition of additional "Big

Box Retail" stores (larger than 25,000 square feet) in the Town of Easton.

Comprehensive Plan Intent and Justification: "A community with an overabundance of commercial development invites traffic congestion (Page 20).... There is enough commercial development in Easton at this time" (Page 22)

NOTE: TIS PROPOSAL #1 IS THE PREFERRED TEXT AMENDMENT OF THE TALBOT PRESERVATION ALLIANCE.

Zoning Text Amendment Proposal #2. "Big Box Retail" stores (larger than 25,000 square feet) shall not be permitted unless the Town is assured that the total number of square feet of vacant and occupied retail space within a five (5) mile radius of the project site does not exceed the "national per capita standard for retail space" for the population of Easton. As used herein, the phrase "national per capita standard for retail space^"shall mean the national average of square feet of retail space per the population area according to the International Council of Shopping Centers.

Comprehensive Plan Intent and Justification: The Plan recognizes that many factors outside of the Town’s influence will affect economic growth, including national and regional economic growth, population migration and the growth policies of neighboring jurisdictions. (Page 16)

Zoning Text Amendment Proposal #3. "Big Box Retail" stores (larger than 25,000 square feet) shall not be permitted as long as there are more than 25,000 square feet of vacant or developable retail space within the town center or existing shopping centers in the Town of Easton.

Comprehensive Plan Intent and Justification: Future commercial development should be encouraged to locate in the Town Center or in vacancies within one of the several existing shopping centers. (Page 22)

Zoning Text Amendment Proposal #4. As a prerequisite to approval for a "Big Box Retail" store (larger than 25,000 square feet), the Town of Easton must be assured that there will be no adverse traffic, economic, environmental or other complications or negative Impacts. Accordingly:

A. With each application for site plan review of a proposed 'Big Box Retail" store (in excess of 25,000 square feet), the developer must submit a "development impact analysis fee" In the amount of $50,000. The purpose of the "development impact analysis fee" is to enable and fund the Town to independently obtain appropriate studies and consultants to address the potential Impacts of the development. The "development impact analysis fee" shall be utilized by the Town to retain Independent consultants to determine the traffic, economic, and environmental Impact of the proposed development and to consider any other site specific impacts to be caused by the proposed development. Any unused portion of the "development impact analysis fee" shall be returned to the developer. If the impact analysis costs exceed $50,000 the developer shall reimburse the Town for such excess costs prior to the issuance of a building permit.

B. At the time the "development impact analysis fee" Is submitted, the developer must also identify and specify in writing by affidavit the name of the proposed tenant/occupant/owner. Such tenant/occupant/owner shall appear before the appropriate Town authorities to discuss plans for the project. A subsequent change

In the designated tenant/occupant/owner shall require

resubmission and a new approval by the Town.

Comprehensive Plan Intent and Justification: The Town of Easton has a tradition of requiring developers to pay many of the costs associated with the development (Page 27)... .At the root of most development controversies is the perceived impact of new development on the quality of life and neighborhood character As growth pressures increase the potential for these conflicts will increase. In some cases... conflicts are caused by the introduction of proposed deve?6pment with land uses which are different from the surrounding community. In other cases, the proposed land use may not result in a change in the type of character but it may alter the scale of the community. (Page 28)