Controversial zoning changes at Bethlehem’s 53-acre Martin Tower development are scheduled for a final vote tonight. In a desire to offer more “flexibility” to developers Lewis Ronca and Norton Herrick, the city has proposed allowing as much as 1.3 million suare feet of retail at the site. This, in turn, has sparked protests by Historic Downtown and Southside merchants. Their concern is a third, and publicly subsidized, downtown at Martin Tower.

Because it is located in the City Revitalization and Improvement Zone (CRIZ), state tax dollars can be used to finance development. Dozens of shop owners have flooded city hall at council’s last two meetings, and a petition is being circulated asking that the plans be tabled.

Two weeks ago, council voted 6-1 to approve the zoning changes despite merchant objections. Eric Evans, the lone dissenter, had suggested that the proposal be sent to a committee and re-worked.

Council President Willie Reynolds has been asked by several merchants to recuse himself because a large percentage of his campaign contributions comes from CRIZ developers and beneficiaries. At the planning commission in July, Reynolds slammed commissioners for being too “nitpicky” and argued that the city needs to start finding ways to say “Yes” to more development.

During a meeting on Oct. 6, Reynolds lashed out at Hotel Bethlehem Managing Partner Bruce Haines when Haines raised the possible influence of campaign contributions made to Reynolds and outgoing council member Mike Recchiuti. Reynolds threatened to stop any speaker who questions his integrity because “we all love Bethlehem.”

But Reynolds appears to have softened his stance. At the Oct. 20 meeting, he apologized for his previous behavior and assured the audience he had heard and understood them. He and other council members agreed to drastically reduce the amount of residential retail allowed. He vowed there would be no third downtown, but he urged adoption of the rezoning anyway so the developer is free to demolish Martin Tower. He argued that the ordinance could be changed later, and promised to have amendments ready to introduce at tonight’s meeting.

As noted in The Bethlehem Press last week, once this rezoning passes, Martin Tower developers can immediately file a plan that will have to be honored, even if text changes are later adopted. The chair of the Bethlehem Planning Commission, Attorney James Fiorentino, is raising that same concern. In a letter to city council, Fiorentino warns that passing the ordinance as is, with the intention of fixing it later, “would allow a developer to submit a plan in the interim thereby defeating any attempt to ‘fix’ the ordinance. ... [T]he developer will have acquired a ‘vested right’ and be ‘grandfathered.’”

According to Fiorentino, the developer will have those rights for five years.

Fiorentino, who opposed this ordinance at the planning commission, called on city council to exercise “greater thought and deliberation” before enactment of this significant legislation.

If Fiorentino gets his wish, the ordinance may very well be back in the hands of his planning commission later this month. Council could decide to send the ordinance back to him, along with amendments addressing concerns about the amount of retail allowed.

Council could also adopt the ordinance, table it, vote it down or forward to a committee.

Neither Lewis Ronca nor Norton Herrick, the developers at Martin Tower, have appeared at any of the public meetings concerning these zoning changes. But like Reynolds, they have heard the merchants. Prior to this year’s Celtic Classic, Ronca initially refused to allow organizers to use the Martin Tower parking lot for parking and shuttle service, according to Donegal Square owner Neville Gardener. Ronca later agreed to allow parking on the site.