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Item 8D vAGENDA ITEM # 8D NOVEMBER 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Distribution of proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development, as recommended for adoption by the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: October 24, 2006 BACKGROUND: The City Commission, on July 24th, directed staff to prepare revisions to the Commercial General (CG) Zoning District regulations after concerns were expressed related to "Big Box" retailers and the appropriateness of such high-impact commercial uses within the City of Atlantic Beach where commercial development tends to be of a smaller scale and typically neighborhood- serving. Staff researched what other communities across the country have done to address this issue, and found that size limits are commonly used to regulate large retail establishments to sizes that are compatible with the scale of the existing or traditional built environment. The attached revisions to Section 24-112 were considered by the Community Development Board at their October 17th meeting. Section 24-112 has not been updated in a number of years, so other minor and general revisions to address or clarify various issues are also included. ~, The CD Board recommended approval of the attached draft, which also incorporates several revisions as proposed by the CD Board. The first draft proposed a limit of 45,000 square feet for a single business, and excluded grocery stores from this limitation. After in-depth discussion, the CD Board felt that the exception for grocery stores should be removed, noting that the regulations should not distinguish between types of retail businesses. In other words, if the intent is to address inappropriate size and scale, any retail establishment that is too large would be unacceptable, regardless of what products were sold. r The CD Board however did not want to set a limit that was too small, which might result in the City being a less competitive commercial market place or that might discourage redevelopment of older commercial areas. The Board asked staff to research the size of several area Publix stores, and adjust the 45,000 to a number that would not be less than a typical large grocery store. Publix currently has four prototype stores, with the largest being 61,000 square feet, although the corporate real estate ~, manager stated that very few stores are built at that size. The more commonly built new store in this area is a 55,000 square feet store, including the Queens Harbor/Harbor Village and south Jacksonville Beach locations. The Atlantic Beach Publix, which is an old store, is 38,000 square feet in size. The proposed draft has been revised to include a 60,000 square feet limit for any single retail business. ~ BUDGET: No budget issues. w• RECOMMENDATION: Direction to Staff to prepare ordinance, notice and schedule proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations for first and second reading and public hearings (two required). ATTACHMENTS: Draft Minutes of the October 17th meeting of the Community Development Board, proposed revisions and related background information. REVIEWED BY CITY MANAGER: November 13, 2006 regular meeting AGENDA ITEM # 8D NOVEMBER ]3, 2006 Draft Minutes of October 17, 2006, Community Development Board Meeting 6. ®ther Business. Recommendation to City Commission related to revisions to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including general revisions and also provisions to address large scale retail development. Ms. Doerr provided an introduction and surmnary of the proposed revisions, noting that the request to provide draft provisions to address large retail uses had come from the City Commission and that the Community Development Board is required to consider and make a reconunendation related to the draft. Ms. Doerr described the nature of the City's existing Commercial General Districts, wluch in most areas, are narrow corridors that back up to residential uses. Board members inquired as to how many vacant properties in Atlantic Beach are large enough that they could be affected by these regulations. Ms. Doerr responded that there are very few large vacant parcels in the CG districts, but that there are several older large properties along Atlantic Boulevard and Mayport Road, which will likely be targeted for redevelopment in the future, and now is the time to address this matter, before there is a pressing issue. The Board noted that the Publix shopping center is one such location, and discussion ensued about possible locations in Atlantic Beach where this provision might apply. Mr. MacInnes expresses his concern that we are unable to predict shopping trends and how we might shop twenty years from now. Ms. Doerr responded that these are just zoning regulations that can be amended in the future if needed to address changing circumstances, noting that this is exactly what the Commission is trying to accomplish now. They would like to be proactive and update the current regulations. Chairman Jacobson questioned why grocery stores were excluded and stated he does not see how we can discriminate between a grocery store and other types of stores, noting that if a store is too big to fit the character of the community, its too big no matter what the store sells. He conunented that Publix sells many items that grocery stores did not have forty years ago, and not so long ago the idea of Super Wal-Mart was not even conceivable. Mr. Boyer asked for clarification regarding the possibility of circumventing the regulations by having separate business in one building. Ms. Doerr noted the section that addresses this but suggested that she could add additional language to clarify this if the Board felt it was not clear. Ms. Drysdale states that she believes it is appropriate to regulate the size of a retail ~' establislunent, but not what merchandise they can carry. Mr. Lambertson stated that it seems hypocritical to allow large grocery stores of any size, but not other types of retail establishments, agreeing with Mr. Jacobson and other Board member comments that if a store is too big to fit ~. into the community, it does not matter what type of store it is or what products they carry. ' Chairman Jacobson noted that Atlantic Beach is a geographically compact area that is essentially an island. He might not otherwise be in favor of this sort of new regulation except for the geographic characteristics of Atlantic Beach. Mr. Boyer and Chairman Jacobson suggested that this regulation might further help preserve the small town character of the City. Ms. Doerr noted ~ that this goal was discussed during the Comprehensive Plan amendment process three years ago, and that is why there are several polices in the Plan that directly relate to this. Mr. Boyer noted it is wiser to pass regulations before an issue arises than after the fact. Chairman Jacobson suggested that it is difficult to define a grocery store. Ms. Doerr advised that if it is the consensus of the Board not to distinguish between grocery stores and other retail establislunents, ' this exception could be removed from the definition. Discussion ensued about the typical size ~ of grocery stores. Mr. MacImies noted that the new Neptune Beach ordinance provided for G0,000 square feet, and he does not recommend being more restrictive than our neighbors to the south because it might not allow Atlantic Beach to be as competitive for businesses. It was noted ~' 3 AGENDA ITEM # 8D NOVEMBER 13, 2006 Draft Minutes of October 17, 2006, Community Development Board Meeting that while we should not feel compelled to follow the lead of Neptune Beach, from the customer's perspective, this is the same conunercial shopping area. The Board requested that Ms. Doerr find out what are the sizes of several Publix locations in the area, and if necessary, adjust the 45,000 square feet number upward by increments of 5000 square feet to fit those ~ stores. General discussion and review of other proposed changes to the CG regulations followed with ~. the Board agreeing that Heavy Automotive Repair should be removed as a possible Use-by- Exception, noting that this use would still be permitted in the City in the light industrial district. A motion was made by Mr. Lambertson to recommend to the City Commission approval of the proposed revisions to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including general revisions and also ' ~ provisions to address large scale retail, incorporating the following revisions into the draft to be forrva~•ded to the City Commission. 1. Language to be added to clarify that multiple businesses within a single building interior arc subject to the size limit. 2. Section 24-112 (c) Uses-by-Exception (12) Heavy Automotive Repair... to be deleted. 3. Section 24-112 (d) Limitations on Certain Uses -Remove the last sentence "This definition, however, shall not be construed to include grocery stores or supermarkets where the primary products sold are food and other items found in typical grocery store and food markets" should be removed. 4. The square footage used to limit building size will be further researched by Ms. Doerr by comparing the size of the Publix locations in Atlantic Beach, Harbor Village at Queens Harbor and South Beach Plaza in Jacksonville Beach to determine if the 45,000 square foot limit is consistent with these stores. If these stores are larger, the proposed square footage limit shall be rounded up to the next 5,000 square feet but not less than 45,000 square feet. Following the motion, Ms. Doerr requested that the motion be amended to include a finding of consistency with the Comprehensive Plan. Mr. Lambertson so amended the motion to include the supporting Comprehensive Plan policies and objectives cited in the draft. Mr. MacInnes seconded, and the motion passed unanimously. 4 AGENDA ITEM # 8ll NOVEMBER 13, 2006 ~, Sec. 24-111. Commercial General Districts. (CG) 1.0/19/2006 (a) Intent. ~~Vithin the City of Atlantic Beach, the CG Zoning District is intended `~-for Uses which ~, provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. ^^a ^^•„•„•~•~ New Development and. new Uses within these Districts should have direct access to Arterial or Collector Streets, and sites should be designed so that increased traffic tlu•ough adjacent residential neighborhoods is avoided. -w~1-1-~i~e~i--fer Fly-ua-lni~~~~rri,t „!',. '+ 1 ~,.~ (b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include ~ neighborhood sei-villg uses, «~hich shall mean low intensity c-ornmercial uses intended to sei-~%e the daily needs of residents of the surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high intensity connnercial activities, or commercial uses of a regional nature, or such Uses that have the potential for negative impact to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely effect existing commercial uses or any nearby residential uses. Permitted Uses shall also not include Adult Entertainment Establislunents, indoor or outdoor ~' firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement ' centers, bingo, billiard or pool halls, game arcades, gaming, video poker establislunents or individual machines, including any type of token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. The Uses pernitted in the CG Zonng Districts shall include the following subject to the limitations as set forth within following paragraph (~1}. Unless otherwise and specifcally provided far herein, all business activities, products for sale and services must be located within an enclosed Building properly licensed for such Use. (1) Retail outlets for the sale of food and drugs, weaa-ing apparel, toys, books and stationery, luggage, jewelry, art, florist including silks, cameras, photographic supplies, sporting goods, ~• hobby shops and pet shops (not animal kemlel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and Building materials, auto, boat and marine related parts, and similar retail Uses. (2) Service establislunents such as barber or beauty shop, shoe repair, restaurants ~~-ith indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or ~„ dry cleaner, funeral home, job printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service Uses. (3) Banlcs with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child Care Centers in accordance with Section 24-152. (~) Business and Professional Offices. ~ (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of tl~e adjacent Building licensed for such business, provided no obstruction C t® wallaw~ys, parking and internal driving aisles is created. AGENDA ITEM # 8D NOVEMBER 13, 2006 (7) Retail sale of beer and wine only for off-premise consumption. (S) On-premise consumption of beer and wine only in conjunction with. a full service Restaurant, '• which is a food service Use where unpackaged ready-ta-cansume food is prepared on-site and served to the to the customer while seated at tables ar counters located within or in a seating area immediately adjacent to the building. ~ (9) Automobile Service Station with Minor Automotive Repair and with accessory car wash. (l U) Theaters, but not amulti-screen (exceeding t~~o screensl ar regional Cineplex. ,, (l l) Institutional and Govenunent Uses, Buildings and facilities. ". (12) Churches in accordance with Section 24-153. (13) A single Dwelling Uiut, where such Dwelling is an Accessory Use to the Principal Use and located within the same Building as the Principal Use. Such Dwelling Unit is intended to be .. occupied by the Owner or an employee of the Principal Use. (14)Those Uses listed as Permitted Uses and Uses-by-Exception in the Conunercial Luruted and Commercial, Professional and Office Zoning Districts. (15)Residential Use, consistent with the Comprehensive Plan, which pei-~nits Residential uses not ~. exceeding the Medium Density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be penllitted within the Coastal High Hazard Area. Policy A.1.11.1(b) Single-family residential Uses within the CG Zoning Districts existilg as of the initial effective date of these Land Development Regulations shall be considered as Vested ~, Development. (c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved as a ., Use-by-Exception where such proposed Uses are faund to tie consistent with the Uses penilitted i in the CG Zoning Districts with respect to iitensity of Use, traffic impacts and compatibility with existing calTlmercial I.ises and any nearby residential uses. (1) Pet kennel and facilities for the boarding of animals. ~ (2) Veterinary clinic. (3) On-premise consumption of alcoholic beverages in accordance with Chapter 3 of this Municipal Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-tluough business. (This shall not be construed to prohibit restaurants with cai7y-out ~ service, which are a Permitted Use.) (5) Limited wholesale operations, not involving industrial products or processes or the `~ manufacturing of products of any kind. (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy ~., assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. 2 AGENDA ITEM # 8D NOVEMBER 13, 2006 ~' (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as defined ~. within Section 24-17. (9) Cabinet shops, woodworking shops and surfUoard production. ~' (10) Hospital, nursing home, assisted care and similar institutional facilities. (11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. , ~ (12) Businesses offering Live Entertaimnent, not including adult entertaimnent establishments as defined by Chapter 847.001 (2), Florida Statutes. (d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not include Large-Scale Retail Establislunents, which for the purposes of this Chapter shall be defined by their size and as follows. f Large-kale Retail Establislrrrrents shall include those businesses, whether in a stand-alone Building or in amulti-tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards and any areas under roof. Large-Scale Retail Establislunents are commonly referred to as `'bid box" retailers, discount department stores, super-centers, warehouse clubs or by similar terns. Such establislunents may offer a similar type of products P' such as electronics or appliances or office products, but more typically offer a wide variety of general nierehandise and departments, which may include home improvement, house-wares and hams furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to li'nit the overall size of Shopping Centers as these are defined within Section 24-17, but shall apply to any Building where businesses with separate Occupational Licenses may share the same interior space of a Building which is not separated into individual units by structural fire rated wa1Ys or that do not contain separate and distinct exterior entrances. Irrferrt. The intent of this limitation is to ensure that the City's limited commercial areas are developed. or redeveloped with uses that are compatible with the residential character of the City and further, to implement related Goals, Objectives, and Policies of the 201 Comprehensive r Plan, restated in part as follows. (1) Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. (P~lic~.~. 1. ~. 7) (2) The City shall provide for land use, development and redevelopment in an efficient maluler, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of ~ uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. (Objecti~~e A.1.11 -appropriate Land Use Patterns) • AGENDA ITEM # 8D NOVEMBER 13, 2006 (3) The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach. (Objecti~~e,~.1.3-Maintaini~l Resi~'exztz~xl Cl~ctrac~tcrl (e) Minimum Lot Size. The minimum size for Lots within the Conunercial General Zoning Districts shall be as follows. r (1) Lot or site area: 5000 square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum Yard Requirements. The minimum Yard requirements within the Conunercial General Zoning Districts shall be as follows: (1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10) feet where required Off-Street Parking is located at the rear or side of the Building site, and the primary business entrance is designed to face the Streit. (2) Rear Yard: Twenty (20) feet. (3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street. Otherwise, a combined fifteen (15) total feet with a five (~) feet minimum on either side. (f) Building Restrictions. The building restrictions in the Conunercial General Zoning Districts shall be as follows: (1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not apply to infill Development or redevelopment of previously developed sites; however, required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Development and to redevelopment projects involving exterior site changes. (2') Maximum Building height: Thirty-five (35) feet. (3) Parking. Off-Street Parking shall be provided in acGOrdvlCe with Section 24-161 of this ~ Chapter. Where existing Uses, which do not provide the required number of Off-Street parking spaces as set forth within Section 24-161(8) are replaced with similar Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in Floor Area or expansion in Building size, including the addition of seats shall require provision of additional parking for such increase or expansion. 4 AGENDA ITEM # 8D NOVEMBER 13, 2006 ~ How Big is Too Big? Notes on store sizes: Wal-Mart and Target are currently building "supercenters," which combine their usual array of merchandise with a full ^' supermarket and numerous specialty services from cut flowers to eye glasses. Supercenters typically range from r8o,oo0 to z5o,ooo square feet, or between 4.r to 5.7 acres. The parking lots that surround these stores are several times the size of the store itself. Many other big box retail stores-including earliergeneration Wal-Mart outlets, Home Depot, Lowe's, ~ Office Depot, Bed Bath & Beyond, etc.-are in the 60,000 to r4o,ooo square foot range. Barnes & Noble and Borders Books stores range from z5,ooo to 45,000 square feet, or about the size of a very large supermarket. Free-standing chain drugstores operated by Walgreens, Rite Aid, and CVS are generally rr,ooo-i5,ooo square feet. As for independent retailers, there's quite a range. Many Main Street stores are under i,ooo square feet. Afull-service F neighborhood grocery store might be io,ooo square feet. Locally owned hardware stores generally range from z,ooo to zo,ooo square feet. An independent bookstore might be i,5oo square feet. A growing number of cities and towns are adopting store snze c~g~s to ensure that new retail development is scaled appropriately for the community and does not overwhelm the local economy or exacerbate sprawl and traffic congestion. Most communities choose an upper limit of between 35,000 and ~S,ooo square feet. ~ For more information on store size caps and other measures to control big box development u1 your community, see: ~v~vv.newrn><les.®r~/retail Produced by the New Rules Project, a~irogr-a~n of the ~l2inneapolis-based Institute for Local Self-Reliance. New Rules Project -Retail -Store Size Caps 11~~'tri Itllr„n, : rtitoll 1 Il ~ ~~ y ~ w .cam '~ hh' fli ~ r X ~ y~ `,y4~ .''~ ~ Page 1 of 5 AGENDA ITEM # 8D NOVEMBER 13, 2006 F~e~ri~~~t~ LO~~ll~y ~~~~n~c~ ~usi~e~~ " Home Page About New Rules Rules Index Reports & Links Support Our Work Contact Us ~~ a-Mail this page to a Friend! ~~®ce size Caps Dozens of communities, recognizing that their local economies can absorb only so much new retail without causing numerous existing businesses to close, have enacted zoning rules that prohibit stores over a certain size. Store size caps help to sustain the vitality of small-scale, pedestrian-oriented business districts, which in turn nurture local business development. Store size caps prevent the many negative impacts of big box development, such as increased traffic congestion and over-burdened public infrastructure, and they protect the character of the community by ensuring that new development is at a scale in keeping with existing buildings. Store size caps keep out some national retailers that refuse to build outlets smaller than their standard formats. Others will opt to comply with community's size limit by designing smaller stores. Search What's NeU Hometown ~ .~ 3-~'yia.=Tuvn t~.{~3~:il~l ~'~ a ~~. ~, •~ ~~ Euv the book cnline4 f;ES~~-:Uf?;yES What constitutes an appropriate upper limit for the size of retail stores depends on many factors, including the size of the town, the scale of its existing buildings, and its long-term goals with regard to retail development. Some communities have banned only the biggest of the big boxes. Belfast, Maine, for example, caps stores at 75,000 square feet. Others, like Hailey, Idaho, and Ashland, Oregon, have chosen much smaller limits (36,000 and 45,000 square feet). (For a visual illustration of various store sizes, see How Big is Too Big?) Like all zoning laws, size caps can apply to the entire city or just a to particular neighborhood. San Francisco, for example, bars new stores larger than 4,000 square feet from locating in certain neighborhoods. In the West, some counties have adopted store size caps to keep big box retailers from building in unincorporated areas beyond city boundaries. Outside of the United State, where land use policy is typically set at the national, rather than local, level, some countries, including Ireland and Norway, have adopted nationwide store size caps. In some cases retailers have tried to get around a size cap by building two or more adjacent stores (see "Wal-Mart Tries to Skirt Maryland Size Cap Law"). Communities can avoid this by structuring the definitions within their ordinances to treat retailers occupying multiple buildings as a single retail use subject to the ~ cap. For example, see Hailey, ID; Santa Fe, NM; Agoura Hills, CA; Talbot County, MD and Tuolumne County, CA RULES: i ~ NEIGHBORHOOD httn~//www.newrule.a nra/retail/~i~P htlml Articles & Repo Big-Box Impact Factsheets Legislative Plati News Archive Wal-Mart Studie ...more tools & RULE LOCAL POLICI Community Imp Comprehensive Development M Formula Busine Restrictions Local Purchasir Preferences Neighborhood-; Preventing Vac Store Size Cap; REGIONAL PO Regional Impac Tax-Base Shari STATE POLICI Big Box Tax Corporate Incor Reform Curbing Corpor, Internet Sales T Limiting Vertical Local Purchasir gi~ionn~ New Rules Project -Retail -Store Size Caps Page 2 of 5 AGENDA ITEM # 8D Brookside -Kansas City, MO NOVEMBER l3, 2006 In November 2000, the Kansas City Council voted to approve two Mandatory Imps new ordinances that will protect the Brookside neighborhood from Pharmacy Equii large-scale, suburban-style chain store development. The first Protecting Fran creates the Brookside Business District as a special zoning district, with its own rules and requirements. The second restricts retail NATIONAL PO uses in the area to 10,000 square feet, except for grocery stores, Antitrust: Price I ~" which may be as large as 25,000 square feet; prohibits drive- Internet Sales T through restaurants and other rules. RELATED POL North Beach -San Francisco, CA Community-Ow In response to San Francisco residents' and merchants' concerns, Living Wage including increased traffic congestion, proliferation of food service uses, the loss of neighborhood-oriented businesses and changes ~. in the local neighborhood character, the City and County of San Francisco created Neighborhood Commercial Individual Area Districts (NCDs) in 1987. These NCDs were established in many San Francisco neighborhoods, including North Beach. Part of the NCD rules relate to limiting large retail outlets. CITYWIDE Agoura Hills, CA In 2002, voters in Agoura Hills, a community 20 miles north of Los Angeles, adopted a measure limiting stores to no more than 60,000 square feet. Note that the ordinance's definitions are designed to prevent retailers from evading the size cap by building two or more adjacent stores. Ashland, OR Ashland, a town of 17,000 in southern Oregon, has a citywide ordinance limiting retail stores to no more than 45,000 square feet. Belfast, ME In 2001, after Wal-Mart optioned land on the outskirts of Belfast, Maine, a community of 6,500 in the fast-growing midcoast region, the city council adopted a temporary moratorium on large stores and placed an initiative permanently banning stores over 75,000 square feet on the ballot. Bennington, VT In January 2005, the town of Bennington, home to 9,200 people and located in the southwest corner of Vermont, enacted the following ordinance. It bans stores over 75,000 square feet in one commercial district and 50,000 square feet in the rest of the town. ~ It requires proposals for stores over 30,000 square feet to submit to a community impact review conducted by an independent consultant chosen by the city. The cost of the review is to be paid by the developer. Boxborough, MA At their town hall meeting in March 2000, residents of Boxborough voted to limit the size of new retail development to 25,000 square feet. The measure required atwo-thirds margin to pass. It was unanimously recommended by the Board of Selectmen. Bozeman, MT In February 2003, the city of Bozeman, Montana, enacted an ordinance limiting retail stores to no more than 75,000 square feet. The measure makes permanent a temporary moratorium on a. construction of large retail stores adopted in 2002. Charlevoix, MI The city enacted a measure that caps stores at 45,000 square New Rules Project -Retail -Store Size Caps Page 3 of 5 AGENDA ITEM # 8D feet, which is about 20 percent smaller than a football field and NOVEMBER 13, 2006 about one-quarter the size of a typical Wal-Mart supercenter. The adjacent township of Charlevoix adopted an ordinance limiting ~ stores to no more than 90,000 square feet and those over 50,000 square feet are additionally required to undergo market feasibility and traffic impact studies, and include a plan for reusing the building should the retailer vacate the space. i Easton, MD Prompted by several applications for retail development in excess of 500,000 square feet, larger than anything anticipated by the town's existing Comprehensive Plan, the Easton Town Council enacted a temporary moratorium on new "big box" retail stores in September 1999. In March 200D, the Town Council adopted an ordinance which prohibits retail stores larger than 65,000 square feet and bars the Board of Zoning Appeals from granting a variance to allow a larger store. Hailey, ID U Hailey, Idaho, limits the floor area of retail and wholesale businesses to no more than 36,000 square feet in the town's business and limited business zones and 25,000 square feet in other industrial and commercial zones. hopping centers with multiple tenants are allowed up to 72,000 square feet in the business zone, 36,000 square feet in the limited business zone, and 25,000 square feet in other industrial and commercial zones. Homer, AK After two years of consideration---including a review by a city council-appointed task force, numerous public hearings, and a ~ voter referendum---the city of Homer, Alaska, has capped the size of retail stores at 25,000-45,000 square feet and adopted a community impact review process for proposed retail developments over 15,000 square feet. Madison, Wisconsin In April 2005, Madison, WI, adopted abig-box ordinance that imposes some limits on the size of retail stores, but it is quite permissive compared to other examples on this site. The ordinance limits retail buildings to a footprint of no more than 100,000 square feet, which is about the same land area as two football fields. Because the limit is on the footprint of the building, rather than the gross leasable area of the store, the rules allow stores to be larger provided they are multi-story. Mt. Shasta, California In March 2005, the City Council of Mount Shasta, California, voted 3-2 to enact the following ordinance, which caps stores at 50,000 square feet and requires proposals for stores over 20,000 square feet to undergo an economic impact review and obtain a conditional use permit. Morth Elba (Village of Lake Placid), NY ~ Residents of North Elba, New York spent five years trying to stop Wal-Mart from erecting an 80,000 square foot store within their town. The town's planning board rejected the retailer's plans in January 1996. The planning board was sued by Wal-Mart, which "` claimed its decision was unsubstantiated, arbitrary and capricious. A New York appellate court upheld the planning board decision. ~ The ordeal prompted the community to enact a size ordinance limiting single retail stores to 40,000 square feet and capping shopping centers at 68,000 square feet. ~lorthhampton, MA In May 2002, the Northampton City Council enacted ordinances New Rules Project -Retail -Store Size Caps Page 4 of 5 AGENDA ITEM # 8D prohibiting retail stores larger than 90,000 square feet, and NOVEMBER 13, 2006 requiring that developers proposing stores larger than 20,000 square feet either construct pedestrian-friendly, two-story buildings contiguous to the street or pay a $5 per square foot mitigation fee. The fee will be used to fund economic development activities designed to offset the impact of retail sprawl on downtown businesses. Rockville, MD In August 2000, the city of Rockville enacted the following ordinance, which bans stores over 65,000 square feet and requires those over 25,000 square feet to comply with design and siting guidelines. Santa Fe, NM In July 2001, the city of Santa Fe, New Mexico, adopted the following ordinance prohibiting retail stores larger than 150,000 square feet and requiring stores over 30,000 square feet to comply r with architectural and site design standards. Skaneateles, NY After three consecutive six-month building moratoria in response to '~ a proposal to construct a 150,000 square feet shopping center, this small town of 7,500 people adopted a comprehensive town plan which included a zoning restriction limiting retail stores to no more than 45,000 square feet and shopping center sites to no more than '~ 15 acres. Taos, NM In September 1999, the town of Taos enacted an ordinance ,~ restricting construction of large retail stores. The measure bans new stores that exceed 80,000 square feet and requires developers to obtain a special permit to build stores over 30,000 square feet. Walpole, NH On March 14, 2000, the residents of Walpole voted 3 to 1 to enact .. a 40,000 square foot size limit on new retail stores and restaurants. The new law was adopted following attempts by Wal- Mart to build in the community in 1999. The retailer withdrew in response to strong opposition from residents. Warwick, NY The town of Warwick, New York, a rural community about one hour north of Manhattan, enacted a new Comprehensive Plan in 1999 and a new Zoning Code in early 2002. The Comprehensive Plan calls for supporting "small, locally owned businesses and [ retail centers. The Zoning Code bars stores over 60,000 square feet and shopping centers with multiple stores that together exceed 80,000 square feet. Westford, MA Even though Westford, MA beat back a Wal-Mart in 1994, the ~ Town Meeting soon after added future protection by prohibiting the building of large retail developments (over 60,000 sq. ft.) and making it harder to build 30,000 - 60,000 sq. ft. developments by requiring that they apply for special permits, allowing time for citizen input and review by planning boards. Other Examples See some other examples of retail business size limitations. COUNTY r~ New Rules Project -Retail -Store Size Caps Page 5 of 5 AGENDA ITEM # 8D lFr Coconino County, Arizona (Flagstaff) NOVEMBER 13, 2006 In August 2001, the Coconino County Board of Supervisors adopted the following ordinance, which prohibits retails stores larger than 70,000 square feet and requires a conditional use permit for those larger than 25,000 square feet. Ravalli County, MT ~ In April 2006, the Ravalli County Commission unanimously adopted an ordinance limiting stores to no more than 60,000 square feet. The ordinance is an interim measure that will remain in effect for one year while the community works on a permanent "~ ordinance. Talbot County, MD In 2003, the Talbot County Council enacted an ordinance barring stores over 65,000 square feet from locating in any area of the county outside of the boundarires of incorporated cities and towns. Lowe's, a national home improvement chain, gathered signatures to force a ballot referendum on the size cap in November 2004. But voters upheld the cap in a 53 to 47 percent vote. Tuolumne County, CA In January 2004, the Tuolumne County Board of Supervisors voted unanimously to ban retail outlets over 60,000 square feet (about half the size of the average Home Depot store). INTERNATIONAL Ireland In 1998, the Irish government enacted a temporary cap on the size of retail stores. The policy was made permanent in 2001. The law restricts stores in the Dublin area to 3,500 square meters (38,000 sq. ft.) and applies a 3,000 square meter (32,000 sq. ft.) limit to the rest of the country. The policy also requires that retail stores be located in town centers whenever possible. Norway *' Many countries have taken steps to limit or bar large-scale retail stores and malls, particularly in areas outside of city centers. The intent of these laws is to protect existing local retail districts and to prevent urban sprawl and automobile dependency. A Norwegian law enacted in January 1999, placed a five year moratorium on the construction of retail centers larger than 3000 square meters (32,300 square feet). More: © How Big is Too Big? -Visual illustration of different store ~. sizes, ranging from Main Street retailers to supercenters. Download as a one-page flyer for distribution. © Protecting Locally Owned Retail: Planning Tools for ~• Curbing Chains and Nurturing Homegrown Businesses [PDF] by Stacy Mitchell, Main Street News, February 2004. (c)National Main Street Center, National Trust for Historic Preservation. All rights reserved. Copyright 1999-2006 -Institute for Local Self-Reliance The New Rules Project - http://www.newrules.org/ Pint-Sized Shopping -The Business Journal of Jacksonville: Page 1 of 2 ~ AGENDA 1TEM # 8D NOVEMBER 13 ,2006 The Business Journal of Jacksonville -October 6, 2003 http:l/iacksonville.bizjournals comljacksonville/stories/2003110lO61story5 html .. ~F3J4C,f5ONVN1L£ .. BUSIiVESS PULSE SURVEY: Who will you_vote for in the gubernatorial elect ' Pint-Sized Sh®pping I_~ Grocery stores try smaller size The Business Journal of Jacksonville -October 3, 2003 by P. Douglas Filaroski Shawn Thorsen spooned strained fruit for baby daughter Dagny as the pair sat at a patio table outside an unusual Publix supermarket in a residential stretch of Riverside Avenue. This is not your father's supermarket. It's apint-sized, 29,000-square-foot store -- with shorter, skinnier aisles -- tucked among old houses andtwo-lane streets in an upscale patch supermarkets dared not tread before. r "I was really jazzed when I learned they were building a store here," Thorsen said. "It's very small, very compact. But it has everything I need. Acid it's convenient." Conventional wisdom is that bigger is better: Low profit margins of i percent to 2 percent require s supermarkets to operate 50,000-square-foot stores that do high volume in order to compete. Smaller neighborhood stores were left to independents and small chains that specialized in operating theirs. Though not widespread yet, supermarkets in Northeast Florida and elsewhere are beginning to challenge that notion, according to the companies and industry analysts. Aside from the Riverside store, Publix recently opened in Northeast Florida similar smaller stores in Gateway Shopping Center on the Northside and at World Golf Village in St. Johns County. • Officials with supermarket chains say they've learned they can go against conventional wisdom and maintain volume, profitability and selection at a limited number of small stores ,. "Having a mix of store sizes gives us flexibility," said Lee Brunson, spokesman for Publix Suer Markets Inc., with headquarters in Lakeland. Publix may locate another small store in San Marco, another upscale urban area. The Sembler Co., which signs Publix as tenants in many of its strip malls, is under contract for land at Altantic and Hendricks boulevards, regional director Jeff Fuqua said. * Winn-Dixie Stores Inc., based in Jacksonville, hasn't built any stores less than 35,000 square feet, largely because expansion has not been a strategy in recent years, officials said. "That doesn't mean we won't," spokeswoman Joanne Gage said. "We build stores that are appropriate to the neighborhood." Increased sales of more profitable prepared foods often allows supermarkets to downsize and • squeeze closer to areas where customers live, store officials said. Albertson's Inc., an Idaho-based chain with six stores in Jacksonville, has not built smaller stores htttn'//www hi~.irnn'naL~ nnm/iar.kmnvilla/ctnriP.c/~M'~/1 n/n~/ctn,-~~5 htn~l~t=nr;ntahl~ i n/l R/~nn~ Pint-Sized Shopping -The Business Journal of Jacksonville: Page 2 of 2 AGENDA ITEM # 8D ~ NOVEMBER 13, 2006 in Northeast Florida, but it operates stores under 40,000 square feet in urban residential areas of Philadelphia, Wilmington, Del., and Centreville, Md., spokesman Walt Rubel said. "It's a misnomer that you can't get the volume in these smaller stores," Rubel said. "If you are in an upscale neighborhood, those customers tend to buy more profitable items." i' Once inside the brick and wrought iron exterior of Publix's Riverside store, shoppers are greeted with a selection of sushi, fried chicken and freshly baked goods. ~ Manager Steve Wilt, former boss at a 55,000-square-foot Publix in Kingsland, Ga., said the selection is nearly the same, but with less shelf exposure for each item. The Riverside Publix does not have a pharmacy or bank, as most Publix stores now offer. The aisles are 12 feet long, not i4 to 18 feet, and the perimeter aisles are narrower. Pricing is the same, but customers are different, Wilt said. They make more frequent trips, buy a larger percentage of prepared foods, and more often walk to the store. People do less weekly shopping and more daily shopping, Wilt said. But our volume is about the ~ same (as in Kingsland.)" Contact the Editor Need Assistance? More Latest News 3 Subscl•ibe or renev~r online All contents of this site ©American City Business Journals Inc. All rights reserved. httn•//www_hip.irnn•pals.crn„/iacl«rnwille/strn•ies/X003/1(1/06/strn-v.5.html?t=nrintahle 10/18/2006 Publix; Grocer's buying spree not over in Middle Tennessee -Nashville Business Journal Nashville Business Journal -July 9, 2002 http:l/nashville.biziournals.com/nashv_ille/stories/2002/071Q_1_lsto¢'gr3.html Nashville ~usir~ess Journal Publix: Grocer°~ buying spree not over in diddle Tennessee Nashville Business Journal -June 28; 2002 by Brian Forrester Nashville Business Journal Publix Suner 1Vlarkets Inc. plans local expansion beyond the seven ~berts®n's stores it just bought as part of its strategy to become a dominant player in the Nashville market. Page 1 of 2 AGENDA ITEM # 8D NOVEMBER 13, 2006 "We are looking at additional locations. We are not ready to announce any that have been signed, but we are looking," says Brenda Reid, Publix spokeswoman. "We don't anticipate to come in that market and stay small. We don't want to be No. 6." The company's growth strategy doesn't have a limit for Nashville, says Reid. Publix's growth is limited only by the Nashville area's growth. The Lakeland, Fla., company wants to be competitive in the Nashville-area market where Kroger enjoys a 5i.6 percent marketshare, according to The Shelby Report, a grocery trade publication. In all, Cheatham, Davidson, Dickson, Robertson, Rutherford, Sumner, and Wilson counties' grocer market totals $i.9 billion in sales. The first two Publix stores are expected to be open October with the remaining stores coming online in a staggered schedule in 2003. Former Albertson's included in the sale are at 460 Lebanon Road, X604 Hwy. ~o S., i1o Indian Lake Blvd., 8io5 Moores Lane, 202o Fieldstone Parkway, 2381 Murfreesboro Road and io2i Center Point Place. Publix wants to grow aggressively within the region. Last year Publix said it wanted to add 340 stores. The company now has about boo stores in Florida, South Carolina and Georgia.The first of five Alabama stores are set to open in July. Privately held Publix, which had revenue last year of $i5.3 billion, has proven to be a successful competitor in other markets against Kroger, the dominant Nashville grocer. Publix is "a solid No. 2 in the Atlanta market coining from nothing about eight years ago in the market. It's pretty much atwo-chain town now with Kroger and Publix," says Chuck Gilmer, editor of The Shelby Report. Publix had been interested in the Nashville market for about a year. For the Albertson's deal to go through, Idaho-based Albertson's probably backed down significantly from its original asking price, sources say. Details of the transaction were not disclosed. Albertson's stores aren't exactly ideal for Publix. Albertson's Nashville stores average between 50,000 and 57,000 square feet with the largest store being 60,000 square feet. That is larger than Publix's average store size of between 40,000 and 50,000 square feet. While two stores requiring the least amount of renovation are scheduled to open in October, at least one store will be completely gutted and possibly torn down. Reid promises that local shoppers will appreciate Publix. "When you walk into our stores your experience will be extremely unique. It's going to be a positive experience for you." http://www.bizjournals.com/nashville/stories/2002/07/Ol/sto>,y3.html?t=printable 10/1 x/2006