It’s good to see the posts we’ve been publishing for some time affirmed.
Ward 8 and Friends
I have asked the Mayor to come up with a date that he and the Planning Staff can attend a Town Hall at the Eastport Fire Station devoted solely to the Shopping Center process for the community to hear from the Mayor and planning staff and provide their input back to Mayor and staff on this application.
When we have that date, I will send it out as well as the date on which the public may give testimony on this application.
I believe, and have conveyed to the Planning Department that we have a seriously flawed Planned Development process, and that the flaws start at the beginning of the process when the issues are not properly framed for the Planning Commission.
Taking the Eastport shopping center as the most recent example of a Planned Development project, I feel that the Planning Department and the Commission should start with the principles set forth in the Comprehensive Plan. That Plan is predicated on the principle of Community Character, so an initial question to ask of a proposed project should be, “does it fit with the community character and meet community needs.”
I also feel that we need to look at the purpose of the underlying zoning, which is B2 retail business. In my view, the project proposes to subdivide the parcel, something that normally would require an application to the Zoning Board of Appeals. It then proposes to de facto rezone the new parcel from B2 zoning to an R4 zone. Under normal rules a zoning change requires proof of either a zoning mistake or a change in the character on the surrounding area.
Eastport has already experienced a de facto zoning change at Sailor’s Quay where a B1 zone was converted into R2 and that community serving retail potential was forever lost through a planned development process. This brings up the concept of “Eastport as a Village.” That is, the community desire to be able to satisfy as much of its shopping requirements as possible without leaving the neighborhood. This desire has become even more compelling with increased flooding downtown that cuts off that means of travel out of Eastport, and increased traffic on Forest Drive that frustrates leaving Eastport via that exit to shop elsewhere.
One more point on the zoning change, many have voiced the view that Eastport needs more residential space for young people, those who cannot afford an $850,000 single family home. While it is debatable about who will be able to rent in the proposed new apartments, it is the case that there exists a properly zoned R4 area right next to the shopping center. The owners of that property have indicated that they want to greatly expand the number of rental units at Watergate Pointe. They are properly zoned for that use, and some of their development rights may be precluded, because of adequate public facilities requirements, from fully developing at their site if some of those facilities are used by the shopping development proposal.
It is indisputable that the new project will come with parking pressures, both within the property and in the surrounding neighborhood. Further, the surrounding neighborhood is already under some parking pressure because of changes at the adjacent post office building where all of the employee parking is now being used by postal trucks, leaving the employees to park on the street. In addition it is undeniable that the apartment dwellers will create more traffic in an already congested area, one that is already at category D and projected in the Eastport Traffic Study to deteriorate to category E by 2020 — even without new development.
So back to framing the issue, we have a developer who is asking to use the planned development process to subdivide their lot, change the zoning, add non-permitted uses (structured parking), use first floor space in a B2 zone for non-retail uses, add to parking and traffic problems, and supplant other property owners’ potential development rights. Properly framed and under the planned development process, the developer starts with a “no rights position” and negotiates with the community for what they can develop starting from a zero point. The Planning Commission adjudicates the negotiation. In this scheme, what does the community get? Where is the negotiation process that allows residents to say, “We will accept this or that, but in return, we want such and such?” I submit that the place for community negotiations are before the Planning Commission, but that the issue has not been properly framed nor is there provision in the process for such dialogue.
I am currently working on legislation to “fix” some of these issues…but for this project the current process is the one we have.
Ross Arnett, Alderman, Ward 8