[Council Communication][Contents of Record][Big Box.pdf]

Council Communication

Title:	Council Discussion of Public Hearing and First Reading of an Ordinance Amending Chapter 18.72 of the Ashland Municipal Code - Land Use Ordinance, amending the Detail Site Review Zone Standards for Large Buildings, and Amending Sections II-C-3a)2), II-C-1a) and II-C-2b)2 of the Site Design and Use Standards.
Dept:	Department of Community Development Planning Division
Date:	August 19, 2003
Submitted By:	John McLaughlin, Director of Community Development
Approved By: ...........................	Gino Grimaldi, City Administrator

Synopsis:	The City Council has directed the Staff to make modifications to the "Big Box Ordinance" to clarify specific issues raised during the approval of the OSF New Theater. The attached ordinance, after several modifications made after many meetings, represents that effort. The proposed ordinance specifically limits building size to 45,000 sq. ft. of gross floor area, rather than footprint, and the option for larger buildings if affordable housing was provided was deleted. Further, specific changes were made regarding development in the downtown, addressing the unique nature of that area. The Council held a public hearing on August 5, 2003 at which time testimony was taken on this topic.  The Council continued discussion of this item to the August 19, 2003 meeting.
Recommendation:	Staff recommends that the Council approve first reading of the attached ordinance.  However, Staff awaits direction for any changes the Council may wish to propose based on issues raised at the public hearing.
Fiscal Impact:
Background:	In 1992, the City adopted new Commercial Development Standards including specific limitations on the size of the buildings in the Detail Site Review zone. A limitation of 45,000 sq. ft. was imposed. These standards were developed through an intense and highly publicized public process. In 2000, the City Council approved an application by the Oregon Shakespeare Festival that ended up interpreting the 45,000 sq. ft. limit of the ordinance as applying only to the footprint of a structure, and not to the gross floor area square footage. After that decision, the City Council directed staff to modify the ordinance language to clearly reflect their interpretation. A hearing was held in front of the Planning Commission on August 14, 2001 at which time revised language was presented regarding the 45,000 sq. ft. footprint, that the measurements were made inside the exterior walls, and that the size limitations did not apply to the Downtown Design Standards overlay zone. The Planning Commission recommended adoption of the changes, based on the direction from the City Council. On September 4, 2001, a hearing was held in front of the City Council where the proposed changes as recommended by the Planning Commission were presented. The Council, after taking public testimony, determined that additional review and public comment was necessary. After difficulty in finding a suitable date for a study session, one was finally scheduled for June 25, 2002. At that meeting, the Council directed staff to prepare ordinance amendments addressing the following items: 1. Clarification as to how to measure the 45,000 sq. ft. limit referenced by the ordinance. 2. How to clarify the definition of a contiguous building. 3. How the ordinance amendments would be applied and impact the downtown commercial area. Another study session was held with Planning Commission on August 27, 2002 at which time proposed ordinance amendments were presented. An option for larger buildings if affordable housing was provided was also included. These amendments were generally well received, with recommendations to clarify some of the language. A final study session was held on September 24, 2002 to bring back the final versions of the ordinance based on the input from the August meeting. A public hearing was scheduled with the Planning Commission for review of the ordinance amendments on January 14, 2003. However, due to a full agenda, the item was continued to the February 11, 2003 meeting. At the February meeting, the Planning Commission took testimony on the proposed amendments and ended up recommending that no amendments to the ordinance be adopted. Further, they recommended that the Council change their interpretation regarding the 45,000 sq. ft. limit from applying to footprint. Rather, they recommended that the Council re-interpret the ordinance such that the 45,000 sq. ft. applies to the gross floor area of the entire structure. On May 7, 2003, a Study Session was held with the City Council to present the recommendations of the Planning Commission, and to gain direction as to the next steps of the process. Staff presented a revised ordinance amendments addressing concerns raised during the Planning Commission process, and which clarified the ordinance. The Council directed the Staff to bring back the revised ordinance for a public hearing in front of the City Council.

"An Ordinance Amending Chapter 18.72 of the Ashland Municipal Code - Land Use Ordinance, amending the Detail Site Review Zone Standards for Large Buildings, and Amending Sections II-C-3a)2), II-C-1a) and II-C-2b)2 of the Site Design and Use Standards."

Recommended Ordinance.......................................................1
City Council Minutes 05/07/03.................................................4
Council Communication 05/07/03 Study Session......................7
Planning Commission Minutes 02/11/03..................................11
Staff Report Addendum I 01/14/03...........................................15
Memo to Planning Commission 09/24/02.................................21
Memo to Planning Commission 08/27/02.................................23
Memo to Council and Planning Commission 06/25/02...............27
Minutes of Joint Study Session 06/25/02.................................31
Newsweek Article on Big Boxes.............................................35
Council Communication 04/16/02...........................................37
City Council Minutes 02/05/02...............................................39
Council Communication 02/05/02...........................................41
City Council Minutes 09/04/01...............................................42
Council Communication 09/04/01..........................................44
Proposed Ordinance 09/04/01...............................................45
Planning Commission Minutes 08/14/01................................46
Staff Report w/Exhibits 08/14/01...........................................48
Letter from Brent Thompson 10/22/01....................................57
Existing Downtown Design Standards...................................59
Charlotte Observer article on Big Boxes................................69

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