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Wednesday, November 16, 2005

Ind. Law - More on Crown Point's big box ordinance

The Gary Post Tribune reports today:

CROWN POINT — The city’s Plan Commission on Monday agreed to give Lauth Property Group a chance to be heard at its December meeting.

But the board’s actions indicate it might simply be waiting until December to hand Lauth a denial for a development the board has already decided it doesn’t want in the city. * * *

[I]t was Lauth’s consideration of Wal-Mart as an anchor store at the development that had the Plan Commission briefly considering a denial Monday night. * * *

The commission later approved an ordinance that would require a special use zoning designation for any big box retail centers larger than 75,000 square feet.

Lauth’s development would require special use under the ordinance change. The ordinance change, expected to be passed by the City Council at a special meeting tonight, would allow the Council to place restrictions on developers and possibly restrict certain retailers, such as Wal-Mart, from building in the city.

Commission president James Wirtz called the ordinance a “slippery slope,” as favoring one retailer over another would illegally interfere with free enterprise. Wirtz offered the only dissenting vote on the ordinance change.

Cindy Duran, senior account director for Borshoff, Johnson & Matthews, a public relations and marketing firm hired by Lauth, said Monday the big box ordinance had Lauth officials worried.

She said at this time the company has no intentions of eliminating the two big box anchors from its plans, but hopes it can work around the ordinance.

For more, see yesterday's ILB entry.

Posted by Marcia Oddi on November 16, 2005 11:06 AM
Posted to Indiana Law