The Media Business and Professional Association was formed in May of this year. The organization was formed to represent the business and commercial interests in our town.
Local legislation that affect business is one of our primary areas of interest. One of the cornerstones of our organization is to encourage sound business policy. We believe that a strong local economy is beneficial to the well being of our community. It is that capacity that we come before you today.
In June of 1999, Council put into effect as a pending ordinance a new zoning policy restricting first floor occupancy in the State Street business district. The ordinance was passed in December 1999 with a proviso that council reassess its effects each six month anniversary. It is the position of our organization that this ordinance is contrary to sound public policy. It is not in the best interests of the residents of the borough of Media and
should be repealed.
The Media Borough Comprehensive Plan: The comp plan is quoted in the ordinance as legal justification for its passage. The plan was issued in 1986 and is based on data
from the census of 1980. The plan states: "Conclusion- The plan is intended to be a flexible document which should be periodically revised and updated as conditions change and new information is obtained. It is therefore recommended that at regular intervals of perhaps three years, the Borough Council consult the local planning commission or appoint a special committee to recommend necessary revisions so the Plan will serve as a continuing statement of Borough policies for the future."
Conditions have changed dramatically since the eighties, yet the Plan has never been revised. It is obsolete by its own definition and should not be used as the basis for future public policy. The Plan also states, "This public policy should be the result of a cooperative effort between Borough Council and the community in matters reflecting the future of Media." This ordinance has certainly been less than a cooperative effort with the business community of our town.
The Media Borough Zoning Ordinance: ARTICLE XVII Amendments, Section 1702 Procedure for Amendment provides
"2. The Borough Council shall submit each proposed zoning amendment, other than one prepared by the Borough Planning Commission, to the Planning Commission at least thirty (30) days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with the opportunity to submit its recommendations prior to final action."
The Media Borough Planning Commission is mandated to review and comment on matters affecting development in our town. While the ultimate power to make legislation
rests with Media Borough Council, we believe that the Planning Commission should serve as an advocate of sound public policy through carefully researched and documented planning. Carefully prepared plans are the keystone to successful development. The lack of such plans leads to unguided or misguided development that is often adversely affects the community.
While the Commission was given the opportunity to comment on the original plan (June 99) which included a ban on banks, there was no submission on record prior to the December meeting in which the revised plan to redefine financial institutions was enacted.
"3. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. Notice of such hearing shall be
published for two (2) consecutive weeks in a newspaper of general circulation in the Borough and by mailing notice thereof to the parties of interest ..."
While it can be shown that published notice was duly accomplished, no known proof of mailing (generally accepted to be certified mail receipt) has been presented. At least some of the parties of interest (that is the affected property owners) have contacted council to protest this lack of notification.
"5. As required by the Pennsylvania Municipalities Planning Code, a copy of the proposed amendment shall also be sent to the County Planning Commission at least thirty (30) days prior to any hearing on the proposed amendment, in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment"
A copy of the proposed amendment was forwarded to the County Planning Commission which was received prior to final action. Their recommendation was:
"Zoning Text Amendment: Disapproval, the proposed text amendment should not be adopted, as it does not appear it will accomplish its intended purpose" it further states
"It does not appear that eliminating a permitted use (office) from locating on the first floor of buildings in the ROA district will encourage retail establishments to occupy store fronts on State Street. Rather than adopting zoning provisions which will reduce available tenant options to business owners and possibly create vacant store fronts, the borough should employ marketing and business related incentives to attract retail businesses thereby revitalizing the downtown area."
While a direct cause and effect relationship is difficult to verify between the increase of vacant store fronts on State Street and the zoning revisions, it does appear as if the Delaware County Planning Commission correctly predicted the results. There is currently
over 22,000 square feet of vacant store fronts, an increase of over 7,000 square feet since December 1999 and approximately 17,000 square feet vacated since June 1999. While there has been some lateral movement of businesses there is now 12,000 square feet of property now vacant that was occupied last December.
Downtown Media Strategy, A Plan for the Business Core: Known as the first Atlantic Group Study, this document was presented to the borough in February 1999. Its stated purpose was: "The objective of this program is to create a more profitable environment for business that will benefit the Borough ... While it is not possible to recreate the commercial center that suited the economy of a generation ago, it is possible by accommodating contemporary commercial requirements to produce a marketplace that will thrive in the decade ahead."
While this document has been introduced in support of the zoning amendment, a careful analysis indicates numerous incidences of just the opposite. Regarding the restriction of offices: "Of all potential consumers the Downtown work forces are the most likely to make purchases in the workday environment ... Further, these firms attract business visitors from throughout the region." and "Several thousand office employees, both private and public sector, are potentially excellent customers..."
One of the primary recommendations of this study is the creation of an Vision Plan. "a system to encourage widespread participation in and responsibility for Downtown
management on the part of business and property owners. The recommended actions should be regarded as a menu which can be gradually adopted over a period of several years as support for each action by business leaders emerges. The Vision Plan is proposed as a first year step that will guide growth for the next five years ..." and "No commercial enterprise of the complexity and scale of Downtown Media should proceed long without a careful research program." and "Media will work better for its residents, regional shoppers, Downtown employees, business operators and commercial property owners if it grows in accordance with carefully crafted physical plans." and "Downtown Media will perform more satisfactorily for all its groups mentioned above if the Borough agrees on a plan that makes sense to investors and helps the business district."
The Future of the Center: The Core City in the New Environment: In July 1999, several of our members asked council for a written plan on how council saw how a ban on
free trade in the central business district would result in increased business. Council responded by stating that a written plan was not required.
The owners then asked for a list of towns that had successfully renewed their central business district by prohibiting banks, stock brokers and other businesses. Repeated requests for documentation went unanswered through seven months of hearings and council meetings. Council claimed this new regulation would eventually increase property values but refused to provide any hard data on how other towns had successfully revitalized their central business district by banning financial institutions and other businesses.
Acting Councilman Kennedy presented a document at the December meeting, just before their vote. He claimed to have researched the Internet at the request of Council, to
find examples that supported their position. No one present from the business community was given the opportunity to examine the document before Council vote. A copy was
forwarded to us in January.
The paper was prepared for the Reason Public Policy Institute by Joel Kotkin. Mr. Kotkin has impressive credentials having authored five books and is a regular contributor to the Wall Street Journal, The New York Times, The Washington Post and Forbes. It is a thoroughly documented paper dealing with how cities like Miami and Houston must change their planing policies to embrace what he calls the New Economy. It documents how cities must open their markets to new ideas and new types of businesses if they want to survive and thrive in the future.
The study mentioned nothing about prohibiting businesses. Mr. Kotkin concluded, "Most of all, the economy and culture should be given free rein to express its
spontaneity and diversity - without the deadening hand of government. Let the city renew itself from the marketplace and the ground up".
New Directions for Downtown Media, PA: In November 1999 the second report from the Atlantic Group was issued. The 29 page report summarized the extensive study of the Baltimore Pike area and set forth specific recommendations for ways to incorporate the Pike with State Street into a unified Central Business District.
Specific zoning, parking and policy recommendations were laid down. The purpose as stated in the study was to produce "zoning changes that ... are attractive to investors". The report "outlined the changes that ... if followed would enable private investors and property owners to realize greater economic opportunities than presently exist"
Specific recommendations included:
Reduction of minimum setback.
Off-site parking allowed.
Elimination of maximum site coverage limitations.
Increase of maximum height to four stories.
Increase of maximum parking levels to four.
None of the recommended zoning changes suggested banning businesses from first floor occupancy.
In conclusion, Borough Council has not complied with the letter and spirit of the zoning ordinance, comp plan, and other documents and studies in the enactment of this
ordinance. There has been an overall reduction in the economy of our town since its enactment. The borough has failed to provide a popular vision plan to the business
community and we respectfully request that the Media Borough Council repeal this ordinance immediately. |
