Mar 17, 2008
DRI adjusts bank ban proposal

Darien Revitalization Initiative has taken another angle in its quest to keep future banks out of the downtown — redefine what retail means.

After meeting with the Planning & Zoning Department staff, DRI modified its proposal.

At its meeting on March 4, the P&Z Commission was presented with the modified proposal and closed the public hearing. On Tuesday the commission discussed the proposal, but did not make a decision. The commissioners will continue discussions at the next P&Z meeting.

Instead of a ban on banks, DRI is now proposing a change to the zoning regulations and Town Plan of Conservation & Development that would put banks under the same umbrella as business and professional applications that have existed for more than 20 years.

“Financial institutions will be subject to the same standards as real estate offices and other business and professional offices in determining whether a financial service use is appropriate for the first floor of the central business district,” according to the proposal.

Under the current regulations, in order to approve a business or professional application for the first floor, the P&Z Commission must find that retail use in the space is “impractical, undesirable and/or inconsistent with the standards” in the Town Plan.

The commission saw the modified proposal as basically just redefining what “retail” means. And DRI’s main focus is that the commission amend the Town Plan to clearly define its vision for the downtown.

“We’re recasting this to limit what retail is defined as,” said Wilder Gleason, who serves on the DRI board of directors. “I think your retail definition is over-broad and needs work. We think this is a good approach and it’s important to do now if you have a vision.”

DRI first presented its proposal to the commission on Jan. 22.

In order to “encourage pedestrian-oriented retail,” the proposal called to restrict all financial services, which would be defined as “a bank and any business which makes loans, mortgages, accepts deposits, gives financial advice, or buys and sells securities,” to the upper floors in the central business district.

The proposal also encouraged, and still does, housing on upper floors in the downtown.

Banks currently in the downtown would be there to stay. The proposal excluded all eight banks in the downtown; the regulation would include a grandfather clause.

Should a bank leave, a property-owner would have the right to lease the space to another bank. Only when the space is filled by something other than a bank would the regulation affect that property.

An objective outlined in the Town Plan states that the town should look to “encourage pedestrian-oriented, retail uses which are intended largely to serve the needs of the residential community.”

Gleason also noted that he researched area towns with similar regulations. He said Ridgefield does not consider retail to include banks, financial services or insurance agents.

“This proposal gives you flexibility,” Gleason said.

Gleason pointed out that the modified proposal is similar to what the P&Z Commission did 20 years ago with real estate offices. A change in the zoning regulations limited real estate offices in the downtown. DRI is hoping for a similar change involving banks.

“People are so worried about regulating, but when you can redefine retail, you’re getting it done. It’s kind of getting in the back door,” Debbie Parnon, the DRI executive director, told The Darien Times last week. “When a process can come full circle and you can find an answer to the question that appeases all sides, how great of a success is that?”

Fred Conze, the P&Z chairman, said he was worried about the kind of precedent this may set. He said that if you start regulating uses like this, “you may end up shooting yourself in the foot.”

“You’re a planning commission, you are supposed to have a vision,” Gleason said. “We’re not getting rid of banks, we’re not saying ban them, but to sit here and let the market control it... We think you should step in and be planners and control the market yourselves.”

Still, Conze wasn’t sure this was the angle the town should take for the future of the central business district.

“The concerns that we have aare more in the unforeseen consequences of this,” he said.

At the end of discussion, Parnon noted that P&Z Director Jeremy Ginsberg had received about 45 e-mails from members of the community. She said two of them were unsupportive, one was a random comment and the rest were supportive.

“If the Planning & Zoning Commission and DRI have two different positions on the future of the downtown, then we have to know that and the public has to know that,” Parnon said. “This is embracing the vision DRI has for a real vibrant, busy, fun downtown for residents and visitors to go to as a destination, not just to stop through.”

The commission has a May 8 deadline to decide on the proposal.

E-mail Darien Times reporter Austin Amoroso at aamoroso@darientimes.com.




© Copyright 2008 by Hersam Acorn Newspapers
Top of Page