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Planning Board tables zoning text amendment that would tie vacant‑storefront rules to PAD overlay
Summary
The Planning Board on July 8 voted to table a proposed zoning text amendment that would tie a draft ‘vacant commercial properties’ ordinance to the city’s pedestrian activities district overlay until staff supplies clarifications requested by the board.
The Planning Board on July 8 voted to table a proposed text amendment that would add a direct reference to a new commercial vacancy ordinance into Chapter 14’s pedestrian activities district (PAD) overlay.
What staff proposed: Economic development staff drafted a separate “vacant commercial properties” ordinance to encourage activation of empty storefronts in the downtown PAD zone. Because the ordinance as drafted would apply only inside the PAD boundary, planning staff proposed amending section 8.5.0.2 (the PAD land‑use rules) to state explicitly that buildings inside the PAD must comply with the new Chapter 6 vacancy ordinance. Planning staff emphasized the requested zoning change was clerical in order to tie the new economic development rule to the PAD geography.
Concerns raised: Public commenters (property owners, brokers and developers) warned that the ordinance, as drafted, could be punitive and would likely penalize property owners rather than address root causes of vacancy such as public safety, substance misuse, unclear permitting costs, and high impact fees. Several speakers urged the city to address those causes before imposing fines. Community members and business groups also said the ordinance’s procedural requirements for temporary art and activation — including public‑art review, insurance and permitting — could unintentionally deter rather than encourage activation. Planning board members flagged possible conflicts between PAD transparency requirements (ground‑floor windows visible to the sidewalk) and the ordinance’s proposed window‑art waivers, questioned whether the PAD boundary is the appropriate geographic scope, and asked for a stronger consistency analysis with the city’s comprehensive plan.
Board action: After hearing public comment and deliberating, the board voted unanimously to table the zoning text amendment to a date certain in late July so staff can return with clarifications and a strengthened consistency analysis. Staff said the Housing & Economic Development Committee had recommended the commercial vacancy ordinance to Council on June 17 and that the PAD zoning amendment was intended only to connect Chapter 6 to a clearly defined downtown geography.
Why it matters: The proposed ordinance aims to encourage temporary activation of empty storefronts, faster communication between owners and potential tenants, and use of public‑art installations where storefronts sit empty. Opponents said the ordinance must be reworked to ensure it does not punish owners for market realities, that it aligns with PAD ground‑floor rules, and that it does not create new insurance or permitting barriers that would discourage activation.
Next steps: Planning staff will return with a revised text amendment and a fuller comprehensive‑plan consistency analysis, and the board will revisit the item at a scheduled July meeting.
