This report responds to a petition submitted by the owners of Fireplace Editions, Rebecca and Dann Carnes, regarding their desire to locate in the Gateway Commons development. The petition requests that the Council amend the Development Ordinance to allow the Town Manager a reasonable degree of latitude in interpreting the details of the ordinance in a manner that is congruent with the intent of the ordinance and the needs of the parties it governs.

We recommend no action at this time. The applicant may wish to pursue the Special Use Permit Modification procedure.

BACKGROUND

On March 26, 2001, the Carnes petitioned the Town Council to allow the Town Manager a reasonable degree of latitude in interpreting the details of the ordinance in a manner that is congruent with the intent of the ordinance and the needs of the parties it governs. We attach a copy of the Carnes’ petition.

The Carnes would like to locate the Fireplace Editions store and warehouse at the Gateway Commons development. The Gateway Commons development is located on the south side of East Franklin Street and has Staples as an anchor tenant. A Special Use Permit was approved by the Town Council on July 6, 1998. The development was approved with a mix of uses to include general/convenience commercial business and office/clinic-type business. The terms of the Special Use Permit stipulated how much floor area could be used for commercial and office/clinic uses. A copy of the permit is attached.

We understand that a majority of the allocated commercial space has been leased. We understand that 1,721 square feet of floor area remains available for retail uses. The office/clinic space has not been leased and the buildings at the back of the site are empty. The Carnes’ business is retail and does not fit the definition of office or clinic space. Parking ratios and floor area ratios may be impacted if a reallocation of permitted space is authorized. Please refer to an attached letter to Ms. Carnes from the Town staff.

CURRENT REGULATIONS

The Carnes have asked that the Town Manager be given additional flexibility. The Development Ordinance currently offers the Town Manager some flexibility for administrative adjustments to the terms of a Special Use Permit. In the case of Gateway Commons, Article 18 of the Ordinance allows the Town Manager to administratively approve up to a 5 percent increase in floor area. As noted in the attached letter to the Carnes, the property owner has requested, and the Town Manager has granted, this increase in floor area with an earlier request. The Development Ordinance does not provide the Town Manager with further authority for administrative adjustments to floor area limits imposed with the Council’s approval of a Special Use Permit. The Ordinance does not allow the Town Manager to approve further increases in floor area at the site.

DISCUSSION OF OPTIONS

We have identified two options for consideration on this matter:

Accept the Manager’s Report and Take No Action: We believe a potential response would be to receive the Manager’s report and take no action. The Carnes, if interested in pursuing the site, would ask the property owner to apply for a Special Use Permit Modification.

Ask the Consultant to Increase the Manager’s Administrative Authority: We believe that one potential response to the petition would be for the Town Council to direct the Development Ordinance consultant to increase the Town Manager’s administrative authority to allow up to a 10 percent increase in floor area, above that authorized by the Town Council. We note, however, that this percentage increase would not be sufficient to help the Carnes in this particular situation. In addition, we note that a change to the Development Ordinance would allow the Manager to increase the floor area in other developments as well.

We look forward to receiving the Council's direction on these and any other options the Council may wish to consider.

RECOMMENDATION

Manager's Recommendation: We recommend that the Town Council receive the Manager’s report and take no action. The Carnes, if interested in pursuing the location of their business at this site, could ask the property owner to apply for a Special Use Permit Modification.

ATTACHMENTS

March 15, 2001 Petition from Dann and Rebecca Carnes (p. 3).
February 14, 2001, Letter from Rebecca Carnes (p. 4).
March 12, 2001, Letter to the Mayor from Rebecca Carnes (p. 6).
Special Use Permit (p. 8).
Letter from staff to Ms. Carnes (p. 12).