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47 °F Forecast | Road Cams Tuesday, May 11, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Newspaper in Education Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Email Story to a Friend January 24, 2004 LUBA overturns ‘big-box’ ordinance By BUFFY POLLOCK for the Mail Tribune CENTRAL POINT — The city’s big-box ordinance, approved at the last minute in an attempt to stop a Wal-Mart Supercenter, was struck down Wednesday by the state Land Use Board of Appeals. The board remanded the City Council’s decision on the ordinance, which would have limited anchor tenants within community shopping centers to no more than 80,000 square feet. The ordinance, passed June 26, would not have affected Wal-Mart’s proposal for a 207,000-square-foot Supercenter at East Pine Street and Hamrick Road because the retail giant submitted its plan hours before the ordinance was passed. But Wal-Mart and Naumes Properties, which owns the land, filed an appeal with LUBA last summer anyway. Spokesperson Amy Hill said on Friday that Wal-Mart pursued legal action in case the original application was found inadequate and had to be refiled under new guidelines. Advertisement "Had that happened, we wouldn’t have been able to proceed because of the 80,000-square-foot limit," said Hill, adding that the decision by LUBA confirmed that the city had indeed introduced the changes to prevent development of the proposed store. "It was refreshing for us to see LUBA confirm what we were saying, that this was not an emergency and that these types of ordinances should not be rushed through the system to try to prevent one application. This really confirmed that the city had acted inappropriately." LUBA agreed with the two petitioners that the rushed consideration of the ordinance limiting retail stores in size was directly related to the proposed Wal-Mart development. Community Development Director Tom Humphrey said the LUBA decision did not imply that the city’s intentions were misguided but that "LUBA thought or believed that our processes were not followed correctly." "Our intention was to make it clear, to whomever develops in the C-4 zoning district, exactly what the city interprets a community shopping center to be and what size the anchor tenant should be," said Humphrey. "Once they had their application in, prior to ordinance approval, they were guaranteed to have their permit processed under old rules. I don’t know what real advantage they would realize by us having to start over." Naumes Properties manager Robert Boggess said both Naumes and Wal-Mart had vested interest in seeing the ordinance struck down because of potential negative impacts it could have had on future businesses. "Naumes Properties LLC owns another 18 acres west of Bear Creek on Peninger Road, so we have a continuing interest in the approach that the city takes with decisions pertaining to growth and development," said Boggess. "As the Board of Appeals noted, the entire decision to adopt a big-box ordinance came out of the city’s knowledge that Wal-Mart was going to file an application. Despite any claims of the contrary, it was aimed at stopping Wal-Mart." Humphrey said the City Council will decide whether to revisit the ordinance and clarify the language. "Whether we had adopted a big-box ordinance or not, we still feel there is a difference between a community shopping center and one that promotes regional retail uses," Humphrey said. "Anchor tenants in community shopping centers are limited between 35,000 and near 100,000-square-feet. ... When we consider the Supercenter application, we’re still going to be discussing the definition of a community shopping center and whether we feel that a Supercenter meets that criteria." Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected]. Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S RESOURCES Oregon Road Conditions & Cams SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Food for Thought Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities Prime Times