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08.b3 Retail Use UDCA - CC Packet1 | P a g e Date of Meeting: December 12, 2023 To: Mayor Maefsky and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: UDC Amendment Regarding Retail Operations Classifications and Standards The City Council has directed staff to research and evaluate standards for retail sales and services. The staff report to the Planning Commission from the December 5, 2023, meeting is attached and includes the background of the project as well as an analysis based on the standards in the Unified Development Code (UDC). STAFF ANALYSIS Staff believes that lowering the square footage for retail may better match the Council’s intention and allow for greater input on potential commercial establishments in the City. Staff have reviewed existing retail sales and services in the City and has found that all uses of this type fall under the proposed size of 7,500 sq. ft. Staff has included a number of maps showing approximate measurements for various retail operations within the City. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 2 | P a g e 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends the following: Motion to approve Ordinance 2023-17 amending the Scandia Unified Development Code Section 153.300.020 and 153.300.030 regarding retail classifications and standards. Staff recommends the following: Motion to approve Resolution 12-19-23-09 Findings of Fact for Ordinance 2023-17 and Resolution No. 12-19-23-10 Summary for Publication of Ordinance 2023-17. Attachments A. Ordinance 2023-17 Regarding Retail Classifications and Standards B. Resolution 12-19-23-09 Findings of Fact for Ordinance 2023-17 C. Resolution 12-19-23-10 Summary for Publication of Ordinance 2023-17 D. Planning Commission "Retail Operations Classifications and Standards" Packet, December 5, 2023. Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 2023-17 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING RETAIL CLASSIFICATIONS AND STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District, shall be amended by adding the underlined text and deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Retail Sales and Services -12,000 7,500 SF or Less P P P 153.300.030 Subd. 1 (X) Retail Sales and Services – 12,000 7,501 SF – 205,000 SF CUP CUP 153.300.030 Subd. 1 (X) Retail Sales and Services – greater than 205,0010 SF CUP 153.300.030 Subd. 1 (X) Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.030 Subd. 1 (X), shall be amended by adding the underlined text and deleting the stricken text as follows: Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in- person. All retail sales and service operations must comply with the following standards. I. General Standards. a. All proposed retail operations must provide adequate parking for employees and customers. Required parking may be accommodated on-site, on road right-of-way where permitted, in a shared parking lot, or any combination thereof meeting the required number of stalls as stated in [153.400.080]. Page 2 of 3 b. Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City Attorney. II. Operations less than 12,000 7,500 Square Feet. Retail sales and services less than 12,000 7,500 square feet are permitted within the V-C, V-HC, and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must be consistent with the Character standards established in Section 154.400.040 of this UDC. Building and site design should encourage a walkable, pedestrian-friendly scale using signs, awnings, planters, and other streetscape elements. Existing shop fronts should be reused where possible, and new buildings or structures should incorporate transom windows, shop fronts, and other historic design elements to clearly delineate the main entrance. III. Operations between 12,001 7,501 and 205,000 Square Feet. Retail sales and services from 12,001 7,501 to 205,000 square feet are conditionally permitted in the V-C and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must comply with the architectural standards established in Section 154.400.040 of this UDC. The following additional standards are provided: The front-facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade. The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building. IV. Operations larger than 205,0010 Square Feet. Retail sales and services larger than 205,0010 square feet are conditionally permitted in the I-P Zoning District and must comply with the following standards. a. A traffic study or memo may be required, depending on the size, to ensure adequate access is provided for egress/ingress into the site. a. Shopping Centers, or other large volume sizes, must have direct access to an arterial or collector roadway as shown on the Official Zoning Map. Section 3 Effective Date. This ordinance shall be in full force and effect upon its adoption. Page 3 of 3 Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-19-23-09 APPROVING FINDINGS OF FACT FOR AN ORDINANCE 2023-17 FOR AN AMENDENT TO THE UNIFIED DEVELOPMENT CODE WHEREAS, the City of Scandia adopted the Unified Development Code (UDC) on September 20, 2022, to replace the previous zoning and subdivision codes’ and WHEREAS, the City identified the need to review classification for retail sales and services established in Section 153.300.020 Subd. 1 (B) Table 153.300.020-2; and WHEREAS, the City identified the need to update standards for retail sales and services established in Chapter 153.300.030 Subd. 1 (X); and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on December 5, 2023, and recommended that the City Council approve the request; and WHEREAS, the City Council has adopted an Ordinance 2023-17 amending the Unified Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 12-19-23-10 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING SECTION 153.300.020 AND 153.300.030 REGARDING RETAIL CLASSIFICATIONS AND STANDARDS WHEREAS, On December 19, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance 2023-17 which amends the Scandia Unified Development Code regarding density determination; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance 2023-17 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance 2023-17 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-17. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-17 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-17 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. 2 Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 3 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE WITH REGARDING RETAIL CLASSIFICATIONS AND STANDARDS On December 19th, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-17 which amends the Scandia Unified Development Code regarding retail classifications and standards: • Amending how retail sales and services are classified within Table 153.300.020-2. Table of Uses by Base Zoning District; and • Amending use specific standards to reflect changes made within Table 153.300.020-2. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 1 | P a g e Date of Meeting: December 5, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Retail Operations Classifications and Standards The City Council has directed staff to research and evaluate standards for retail sales and services. BACKGROUND The City adopted the UDC on September 20, 2022, to replace the previous zoning and subdivision codes. 153.300.020 Subd. 1 (B) classifies the uses as the following: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Retail Sales and Services -12,000 SF or Less P P P 153.300.030 Subd. 1 (X) Retail Sales and Services – 12,000 SF – 25,000 SF CUP CUP 153.300.030 Subd. 1 (X) Retail Sales and Services – greater than 25,000 SF CUP 153.300.030 Subd. 1 (X) Retail uses with an operational square footage of 12,000 sq. ft. or less within the Rural Commercial (R-C) district are a permitted use while retail uses larger than 12,000 sq. ft. require a conditional use permit. Staff have received multiple inquiries regarding this use. Staff asked that 2 | P a g e the City Council evaluate these standards and the City Council requested staff research the issue and evaluate the standard at the November 21, 2023, meeting. OVERVIEW OF UDC AMENDMENT Staff have compiled the relevant sections of the UDC that address how retail sales and services are classified within Table 153.300.020-2. Table of Uses by Base Zoning District. Changes to the UDC are in red. BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Retail Sales and Services -12,000 7,500 SF or Less P P P 153.300.030 Subd. 1 (X) Retail Sales and Services – 12,000 7,501 SF – 205,000 SF CUP CUP 153.300.030 Subd. 1 (X) Retail Sales and Services – greater than 205,0010 SF CUP 153.300.030 Subd. 1 (X) Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in- person. All retail sales and service operations must comply with the following standards. I. General Standards. a. All proposed retail operations must provide adequate parking for employees and customers. Required parking may be accommodated on-site, on road right-of-way where permitted, in a shared parking lot, or any combination thereof meeting the required number of stalls as stated in [153.400.080]. b. Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City Attorney. 3 | P a g e II. Operations less than 12,000 7,500 Square Feet. Retail sales and services less than 12,000 7,500 square feet are permitted within the V-C, V-HC, and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must be consistent with the Character standards established in Section 154.400.040 of this UDC. Building and site design should encourage a walkable, pedestrian-friendly scale using signs, awnings, planters, and other streetscape elements. Existing shop fronts should be reused where possible, and new buildings or structures should incorporate transom windows, shop fronts, and other historic design elements to clearly delineate the main entrance. III. Operations between 12,001 7,501 and 205,000 Square Feet. Retail sales and services from 12,001 7,501 to 205,000 square feet are conditionally permitted in the V-C and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must comply with the architectural standards established in Section 154.400.040 of this UDC. The following additional standards are provided: The front-facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade. The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building. IV. Operations larger than 205,0010 Square Feet. Retail sales and services larger than 205,0010 square feet are conditionally permitted in the I-P Zoning District and must comply with the following standards. a. A traffic study or memo may be required, depending on the size, to ensure adequate access is provided for egress/ingress into the site. b. Shopping Centers, or other large volume sizes, must have direct access to an arterial or collector roadway as shown on the Official Zoning Map. STAFF ANALYSIS Staff believes that lowering the square footage for retail may better match the Council’s intention and allow for greater input on potential commercial establishments in the City. 4 | P a g e Staff have reviewed existing retail sales and services in the City and has found that all uses of this type fall under the proposed size of 7.500 sq. ft. Staff has included a number of maps showing approximate measurements for various retail operations within the City. RECOMMENDATION After holding the public hearing, the Planning Commission can do one of the following: 1. Recommend approval, with or without conditions 2. Recommend denial, with findings 3. Table the request for further review/study Staff recommends that the Planning Commission recommend approval of the attached ordinance and resolution approving a UDC text amendment to amend the standards and use classification. Attachments A. Ordinance 2023-XX B. Unified Development Code Section 153.300 Allowed Uses (link only) C. Zoning Map - City of Scandia D. Retail Sales and Services Example Exhibits Removed Text: Strikethrough New Text: Red Underlined Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 2023-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 REGARDING RETAIL CLASSIFICATIONS AND STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District, shall be amended by adding the underlined text and deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Retail Sales and Services -12,000 7,500 SF or Less P P P 153.300.030 Subd. 1 (X) Retail Sales and Services – 12,000 7,501 SF – 205,000 SF CUP CUP 153.300.030 Subd. 1 (X) Retail Sales and Services – greater than 205,0010 SF CUP 153.300.030 Subd. 1 (X) Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.030 Subd. 1 (X), shall be amended by adding the underlined text and deleting the stricken text as follows: Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in- person. All retail sales and service operations must comply with the following standards. I. General Standards. a. All proposed retail operations must provide adequate parking for employees and customers. Required parking may be accommodated on-site, on road right-of-way where permitted, in a shared parking lot, or any combination thereof meeting the required number of stalls as stated in [153.400.080]. b. Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City Attorney. Removed Text: Strikethrough New Text: Red Underlined Page 2 of 3 II. Operations less than 12,000 7,500 Square Feet. Retail sales and services less than 12,000 7,500 square feet are permitted within the V-C, V-HC, and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must be consistent with the Character standards established in Section 154.400.040 of this UDC. Building and site design should encourage a walkable, pedestrian-friendly scale using signs, awnings, planters, and other streetscape elements. Existing shop fronts should be reused where possible, and new buildings or structures should incorporate transom windows, shop fronts, and other historic design elements to clearly delineate the main entrance. III. Operations between 12,001 7,501 and 205,000 Square Feet. Retail sales and services from 12,001 7,501 to 205,000 square feet are conditionally permitted in the V-C and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must comply with the architectural standards established in Section 154.400.040 of this UDC. The following additional standards are provided: The front-facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade. The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building. IV. Operations larger than 205,0010 Square Feet. Retail sales and services larger than 205,0010 square feet are conditionally permitted in the I-P Zoning District and must comply with the following standards. a. A traffic study or memo may be required, depending on the size, to ensure adequate access is provided for egress/ingress into the site. a. Shopping Centers, or other large volume sizes, must have direct access to an arterial or collector roadway as shown on the Official Zoning Map. Section 3 Effective Date. This ordinance shall be in full force and effect upon its adoption. Removed Text: Strikethrough New Text: Red Underlined Page 3 of 3 Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 6, 01 8.7 Legend 0 4,213 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: © Bolton & Menk, Inc - Web GIS 6/16/2023 10:14 AM Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits Parks PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Zoning Map 94. 0 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 11/21/2023 8:11 PM 66 Feet City Limits Parcels (11/1/2023) Lot Lines Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 94. 0 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 11/21/2023 8:23 PM 66 Feet City Limits Parcels (11/1/2023) Lot Lines Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 47. 0 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 11/21/2023 8:20 PM 33 Feet City Limits Parcels (11/1/2023) Lot Lines Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 47. 0 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 11/21/2023 8:27 PM 33 Feet City Limits Parcels (11/1/2023) Lot Lines Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3