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9b. Gov't Uses Ordinance Amendment PC Staff Report Memorandum To: Scandia Planning Commission Reference: Potential Zoning Ordinance Amendment – Government Land Uses Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Project No.: 18109.000 From: Evan Monson, Planner Routing: Date: March 30, 2021 SUBJECT: Potential ordinance amendment for amending Government Land Uses MEETING DATE: April 6, 2021 BACKGROUND The Development Code includes the regulations for land use and development in the City of Scandia. Chapter 1 lists the definitions of words and terminology used in the Development Code. When a question arises of whether something is one use or another, one can refer to the definitions of uses. Since different uses are not permitted in certain zoning districts, or may require additional permitting and review, how definitions for uses are written can make a difference. Part of the issue with the current iteration of the Development Code is that certain uses are not well defined…or just not even defined. One of those uses happens to be for the City Hall and Community Center. Another is the planned Arts and Heritage Center. While many of the inaccuracies with definitions are planned to be addressed as part of the rewrite of the Development Code , it would be ideal for the City to make changes now so that the Arts and Heritage Center project can move forward without delays. Since the Community Center is on the same lot as the proposed Arts and Heritage Center, it would be ideal to make sure there is no ambiguity in our definitions that would leave it nonconforming. CURRENT REQUIREMENTS Chapter 1, Section 4.0 covers word construction and definitions . Section 4.2 lists the definitions. When reviewing plans for the proposed Arts and Heritage Center, there was no use listed that would fully encapsulate the plans being proposed. There are some undefined uses, such as “Arts Gallery and Sales” and “Museum”, which would be permitted in the zoning district the lot is zoned as. Undefined terms are not great fits for what the development would become, and could add unneeded complexities in the future if additions or changes are made. Government Land Uses Staff Report April 6, 2021 Scandia Planning Commission Page 2 The Community Center would share the same parcel as the Arts and Heritage Center. It currently would fall under the definition of “Government Uses, Buildings, and Storage”. (134) Government Uses, Buildings and Storage: An area of land or structures used for public purposes, storage, or maintenance and which is owned or leased by the U.S. federal government, State of Minnesota, Metropolitan Council, Washington County, or City of Scandia for purposes of carrying out governmental duties. The definition does not include publicly or privately operated school facilities The current definition can be interpreted as preventing this use from being used for non -government activities, like renting the Community Center for private events. POTENTIAL CHANGES TO CONSIDER Included with this report is a redlined document showing potential changes to make. These can be changed if desired. The first would to be to create a defined land use for the Arts and Heritage Center. This new use could then be permitted as an allowed use in the VMU A and VMU B zoning districts. The definition for “Government Uses, Buildings, and Storage” can either be revised, or a new use just for the Community Center and City Hall could be made. The redlined document shows what a revised definition could look like. ACTION REQUESTED The Planning Commission can review the proposed ordinance amendment, and can recommend the following: 1. Approval 2. Approval with changes 3. Denial 4. Table the request for further study PLANNING STAFF RECOMMENDATION Included with this staff report is a document showing the proposed changes to the Development Code. Unless additional changes are desired by the Planning Commission, the Planner recommends approval of the Ordinance amendment, amending Government Land Uses . (25) Arts and Heritage Center: A facility and grounds used for events such as, but is not limited to, art displays, concerts and musical performances, theatrical events , and public gatherings. (134) Government Uses, Buildings and Storage: An area of land or structures used for public purposes, storage, or maintenance and which is owned or leased by the U.S. federal government, State of Minnesota, Metropolitan Council, Washington County, or City of Scandia for purposes of carrying out governmental duties. This use includes, but is not limited to, public purposes, storage, or maintenance . The definition does not include pP ublicly or privately operated school facilities are not considered part of this land use . 2.8 Village Mixed Use A District (VMU A) (1) Purpose. The VMU A District is established to sustain the historic village center by preserving and protecting the long-term viability of historic properties and structures, and by allowing a mixture of mutually supportive land uses. VMU A District areas are designated Village Mixed Use in the Comprehensive Plan. The mixture of commercial, office, institutional, recreational, and residential land uses are made compatible through the enforcement of design guidelines. (2) Allowed Uses. The following are allowed uses in the VMU A District. (A) Antique shops (B) Appliance sales and repair (C) Art gallery and sales (D) Arts and Heritage Center