Loading...
HomeMy WebLinkAbout2010-10-20 PACKET 08.C.REQUE OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/20/10 • PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider amending the zoning ordinance to allow outdoor merchandise and vending machines as permitted accessory uses with performance standards in all commercial zoning districts. 2. Consider authorizing the publication of this zoning ordinance amendment by title and summary. STAFF RECOMMENDATION 1. Adopt the zoning ordinance amendment. 2. Adopt the resolution authorizing the publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE ® PLANNING 9/27/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 10/15/10 ® RESOLUTION: Draft ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 9/27/10 Planning Commission Minutes ADMINISTRATORS COMMENTS COUNCIL ACTION TAKEN MIAPP * D . +; 4' i CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: October 15. 2010 RE: Proposed Zoning Ordinance Amendment — Outside Merchandise Display and Storage The City has initiated an amendment to the City Zoning Ordinance that allows outside merchan- dise and vending machines as permitted accessory uses with performance standards in all commercial zoning districts. Planning Commission Review The Planning Commission held a public hearing at their regular meeting on September 27, 2010. No public testimony was received in favor or against the proposed ordinance amendment. The Commission discussed the display and storage of merchandise (e.g.; water softener salt) typically found at gas pump islands. Historically, city approval of conditional use permits for motor fuel stations prohibited outside display of merchandise, but the proposed ordinance amendment will allow some merchandise along the exterior wall of the commercial building. The Commission also made the point that merchandise displayed and stored outside does not have to be products sold or rented from inside the building. A DVD rental kiosk outside a motor fuel convenience store or restaurant was the example used in their discussion. The Planning Com- mission unanimously (8 -to -0 vote) recommended that the proposed zoning ordinance amend- ment regulating outside merchandise display and storage be approved. A copy of the ordinance amendment as recommended by the Planning Commission and an excerpt from the Planning Commission's unapproved minutes are attached. The City has received inquiries about placing Red Box DVD distribution machines outside com- mercial buildings. These machines currently exist inside several retail stores in Cottage Grove, with one currently located outside the Holiday gas station on Hadley Avenue and one outside Walgreens. The City has no regulation for this or similar types of outdoor vending machines. At the July 26, 2010, Planning Commission meeting, the Commission discussed if outdoor sales and display (ice refrigeration units, propane tank storage, vending machines, water softener salt, firewood, seasonal plants, DVD rental machines, etc.) should be regulated. The Planning Com- mission generally did not see a problem with these machines, but wanted to make sure that all Americans with Disabilities Act requirements are met and the placement of outdoor retail kiosks, merchandise display, and storage do not jeopardize pedestrian safety. The Commission dis- cussed commercial design guidelines and standards that would ensure outdoor vending Honorable Mayor, City Council, and Ryan Schroeder Zoning Ordinance Amendment — Outdoor Merchandise Display October 15, 2010 Page 2 of 3 machines are compatible with the appearance and function of the principal use. The Commission requested a copy of other city ordinances that address this issue. The Economic Development Authority (EDA) discussed this matter at their August 10, 2010 meeting. The EDA recommended that the machines be allowed as permitted accessory uses with performance standards. At the August 23, 2010 Planning Commission meeting, ordinance requirements by ten other cities in the metropolitan area were summarized. The results of the survey showed that the ma- jority of the surveyed cities allow outdoor display of merchandise as an accessory use with performance standards. The Commission directed staff to prepare an ordinance amendment allowing outdoor display and storage of merchandise, subject to performance standards. Planning Considerations Outdoor Merchandise Display and Storage In the past, city approvals for motor fuel stations have generally included a condition that pro- hibited or limited the amount of exterior storage, display, or sales of merchandise. This type of requirement was also applied to several retails businesses (i.e.; Home Depot and Target). No requirement was imposed on other retail businesses like Walgreens, Kohls, Shoppes at Gate- way Center, or Office Max. City ordinances do allow temporary outdoor sales if conducted for a period less than 60 consec- utive days. The sale of merchandise must be on a sidewalk, parking lot, or open space abutting the merchant's principal building. The City Clerk must issue a temporary sale permit for these types of temporary sales. The proposed ordinance amendment will allow outdoor display and storage of merchandise as an accessory use, provided that certain performance standards are complied with. A summary of these standards in the proposed ordinance amendment are listed below: ® Merchandise or equipment must be adjacent to the building and not project more than five feet from the primary building. ® Minimum sidewalk access width is four feet. ® Display area is limited to 30 percent of the building's frontage and not to exceed a total of 150 square feet. ® Vending machines or cabinets like beverage, ice, DVD rental, and propane limited to two machines per building frontage. ® Outdoor display must be maintained in an orderly and attractive manner. 0 Outdoor display should be a general representation of products sold or rented on -site. Honorable Mayor, City Council, and Ryan Schroeder Zoning Ordinance Amendment— Outdoor Merchandise Display October 15, 2010 Page 3 of 3 Redbox Kiosk Specifications The Redbox kiosk is an aluminum metal cabinet that is generally 72 inches wide, 29 inches deep and about 114 inches tall. The cabinet is red in color with fluorescent lighting above the cabinet for security and a lighted display panel showing DVD movies that are available for rent. A drawing of the kiosk is attached. l' • � • 1. That the City Council amend the Zoning Ordinance regulations to allow outdoor merchandise display and sales as a permitted accessory uses with performance standards; and 2. Adopt a resolution authorizing the publication of this Zoning Ordinance amendment by title and summary. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 11, CHAPTER 10A, SECTION 3, BY ADDING OUTSIDE MERCHANDISE DISPLAY AND STORAGE SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota" shall be amended by adding Title 11, Chapter 10A, Section 3, Subsection 9 to read as follows: 11AOA -3 -9: Permitted Accessory Uses: 9. Outside merchandise display and storage or equipment may be displayed and offered for sale, rental or lease outside the building provided: a. The merchandise or equipment are adjacent to and project no further than five feet from the primary building. b. Where sidewalks are present, a minimum access width of four feet must be provided. c. Outside display area is limited to a maximum of 30 percent of the building frontage and not to exceed a total of 150 square feet of area. For purposes of this ordinance, a frontage must contain a public or customer entrance or exit and no space allowed more than two building frontages. d. Vending machines or cabinets for items such as beverage, ice, DVD rental and propane are limited to a maximum of two machines or cabinets per building frontage. e. Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses. f. Outside display should be a general representation of the products sold or rented on site, not a storage area for inventory on pallets. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this day of _,201 0. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. Page 1 • - B WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which adds City Code Title 11, Chapter 10A, Section 3, Subsection 9, to allow outside merchandise and display as a permitted accessory use with performance standards in all commercial zoning districts; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance adds City Code Title 11, Chapter 10A, Section 3, Subsection 9, to allow outside merchandise and display as a permitted accessory use with performance standards in all commercial zoning districts. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 20th day of October 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk WWAK DR "' • • C 6.2 Outdoor EquipmentiStorage Text Amendment —Case TAI 0-022 The City of Cottage Grove has applied for a zoning text amendment to allow outdoor merchandise display and storage as a permitted accessory use with performance stan- dards in all commercial zoning districts. McCool summarized the staff report and recommended approval. Rostad asked as the proposed ordinance is written, do items at gas stations between the pumps have to be moved next to the building. McCool responded that staff reviewed vari- ous commercial sites, including gas stations, grocery stores, and retail stores, and the re- quirements vary from site to site. Menards has a larger provision to allow more storage outside their building, Cub Foods has no reference about outdoor storage, and motor fuel stations generally have prohibitions on merchandise being stored or displayed outdoors. The City will revisit the conditions of approval for specific locations and address outdoor storage issues with each individually. Pearson asked if there are current prohibitions on having items displayed outdoors at gas stations. McCool responded that it varies from site to site. In general, merchandise is prohi- bited from outdoor storage or display. Messick asked if that is addressed under conditional use permits. McCool responded yes. He explained that this proposed text amendment would clarify if there could be vending machine units and set performance standards. Linse asked if section f in the proposed ordinance, which reads: `outside display should be a representation of the products sold or rented on site..." means that the items have to be exactly what the store sells. For example, if Walgreens does not sell movies inside their structure, but they want to rent movies outside, would that be a permitted use. He noted that a strict reading of the ordinance would not allow it. He asking if the definition could read "general merchandise" or something similar. McCool responded yes. Rambacher asked about enforcement of conditional use permits that were granted in the past that do not allow outside storage or display, but the outdoor storage /display exists. McCool stated that staff would be enforcing exterior storage of retail products outside the businesses in our community. Messick opened the public hearing. Linse suggested adding 'outside display should be a general representation of the products sold or rented on site...," which could eliminate some of the ambiguity. Rostad asked what if McDonalds decides to move their Red Box outside. McCool responded they could but would need to follow the performance standards in the ordinance. Excerpt from Planning Commission Minutes Outdoor Display and Storage — Case No. TA10 -022 September 27, 2010 Page 2 of 2 Treber asked for an explanation on the intent of the text amendment. He expressed con- cern about the city not having control over future types of exterior storage and display. He tends to favor the conditional use permit versus permitted use with performance standards because that would give the Council the opportunity to look at each proposal an individual basis. Messick responded that staff asked the Commission for direction on this issue and it was his understanding that the consensus of the Commission was to allow outdoor storage and display as a permitted accessory use with standards. Olsen stated he is also the liai- son to the Economic Development Authority, and this issue was also brought before the EDA, whose recommendation was similar to the recommendation that ultimately came from the Planning Commission. The EDA was not interested in the conditional use permit process; they felt the City could accomplish the same goal with performance standards and not make it too cumbersome for businesses. No public testimony was received. Messick closed the public hearing. Rambacher asked if the reason for section f is to not have inventory stored on pallets out- side businesses. McCool responded that anything stored or displayed outside should have a relationship to the business. Brittain asked about Cub Foods storing water softener salt outside when they sell it inside. McCool stated that there is no provision recognizing how much storage Cub Foods can have outside their building; that is something staff will discuss with them. Wilihite made a motion to recommend approval of the zoning text amendment al- lowing outdoor merchandise display and storage as a permitted accessory use with performance standards in all commercial zoning districts with the addition of the word "general" in section f. Treber seconded. Motion passed unanimously (8 -tod) vote).