Hailey declares moratorium on
large commercial projects
Target of 180 day stop is ‘box
stores’
By MATT FURBER
Express Staff Writer
The Hailey City Council voted in
favor of an emergency moratorium on large commercial projects Monday,
March, 22. The moratorium, which is intended to give the city time to
fix loopholes in the city’s zoning ordinance, will last for a maximum of
182 days.
Current rules allow construction
of a separate, but associated large retail or wholesale buildings that
would resemble businesses often referred to as box stores, like Wal-Mart
or The Home Depot. Revision of the zoning ordinance would prevent
circumvention of the intent of bulk building limitations.
The call for a moratorium was
precipitated by a telephone inquiry from a Boise attorney to Hailey City
Planner Kathy Grotto. The Boise attorney was asking about "what-if"
scenarios, Grotto said.
"It became obvious he was looking
for certain loopholes," she said. "It put up a lot of red flags for me."
The city’s building size
limitations prevent the construction of large box stores. The largest
allowable structure in commercial zones is limited to a total bulk of
36,000 square feet in transitional, limited business and business zones
and 25,000 square feet in light industrial and service commercial
industrial zones.
"We are worried large retailers
will circumvent the intent (of the bulk building limitations) by other
uses," Grotto said.
The issue concerns box store
merchants that might put services under one roof in one community and
then come to Hailey and try to house the same services in two or more
neighboring buildings.
"Staff feels these types of
businesses would have a negative impact on local business owners,"
Grotto said. "(We need the) 180 days so we can revise the language and
close these loopholes."
A year ago the city took action to
make its zoning ordinances more specific after The Home Depot inquired
whether the company could set up business in two separate 36,000 square
foot buildings. The city recognized a loophole and amended the
commercial zoning ordinance by stipulating that separate retail spaces
controlled by the same entity within 800 feet of each other would not be
allowed.
"The aggregate can’t exceed 36,000
square feet," Grotto said.
The latest round of questioning
from the outside identified another loophole the city is now trying to
close during the new moratorium. Currently size limits do not apply to
wholesale and some other business uses.
The latest question is whether a
single entity could have one building for retail space and one for
wholesale, inventory storage or a showroom.
Grotto said a second building, on
paper, could be reserved for a wholesale business selling only to
contractors, for example. In reality, anyone could shop there.
"We’ll be working on (the
ordinance) and trying to craft it very carefully so it will contain
enough language to truly protect our local merchants that would be
impacted (by large chain stores)," Grotto said.
Executive Director of Citizens for
Smart Growth Christopher Simms spoke in support of the staff comments,
as did members of the City Council.
"I’m really concerned, and I agree
100 percent with staff," Hailey City Councilman Rick Davis said.
Grotto explained that the
moratorium does not apply to all commercial development.
"The moratorium will only apply to
a mix of retail and non-retail and associated types of uses," she said.