P&Z drafts proposed dark-store ordinance
October 6th, 2006P&Z drafts proposed dark-store ordinance
Commission will forward recommendation to Moscow City Council
By Omie Drawhorn, Daily News staff writer
Friday, October 6, 2006 - Page Updated at 12:23:16 PM
Large retail stores that become abandoned in Moscow may have to submit reuse plans to the city and pay fees at the City Council’s discretion.
The Planning and Zoning Commission recently finalized a “dark-store” ordinance recommendation that will be forwarded to the Moscow City Council for approval. A size-cap recommendation will soon follow and be forwarded to the City Council concurrently.
A Planning and Zoning subcommittee formed in May to draft a version of the dark-store ordinance as a companion to the large-scale retail establishment ordinance passed in February.
The subcommittee presented a draft ordinance to Planning and Zoning in August, and the commission made changes based on recommendations from committee members.
The ordinance approved by Planning and Zoning requires businesses larger than 64,000 square feet that are going “dark” to submit a reuse plan for the facility within 90 days of abandonment. The owner must provide regular updates to the city, and after three years, the City Council can assess fines if it doesn’t think the entity is acting in the best interest of the city.
Dark-store committee member Bill Morscheck encouraged the council to take such an approach as opposed to assuming every entity is in violation.
“My overall objection to the original report was that it makes the assumption that all parties would never invest in our community; it’s like everyone is guilty,” he said. “I think the council needs to make the affirmative decision that they are doing something intentionally that’s not in the best interest of the city.”
Morscheck said although he doesn’t think a dark-store ordinance is that important, the council likely will want to do something.
“The council will make the determination that there has been an abandoned store and make the determination that the abandonment was intentional,” he said.
Art Bettge, Planning and Zoning member and chairman of the subcommittee, said the committee accomplished its goals.
“We weren’t interested in making life difficult for developing or existing businesses,” he said.
Bettge said the committee wanted to prevent situations where businesses would deliberately let their stores go dark and refuse to resell or reuse the building.
“If businesses are legitimately having problems, we want to exempt them from payment through the ordinance,” he said.
If a business does go under, all it has to do is be an active participant and take care of the building until it’s sold or leased, Bettge said.
“All we ask is that they try,” he said.
The only businesses in Moscow large enough to be affected are Wal-Mart and Moscow Building Supply.
Tri-State’s building is 55,000 square feet, but the store could fall under the criteria if the store expands.
Gerard Connelly, owner of Tri-State, said he is philosophically opposed to a dark-store ordinance.
“It is an unwarranted intrusion on private property rights,” he said.
If for some reason his business had to close, he said it would be in his best interest to see the building leased out.
“To have the city intrude on the scenario is unfair and unfortunate,” he said. “I don’t think any building is dark intentionally; the stakeholders are motivated to get the thing leased out and income flow into the building,”
Connelly said even large chain stores are unlikely to let their stores go dark intentionally because many have mortgages to pay.
Wayne Krauss, chairman of the cap-size committee, said the group will have recommendations to present to Planning and Zoning in a few weeks.
Omie Drawhorn can be reached at (208) 882-5561, ext, 234, or by e-mail at odrawhorn@dnews.com.