Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: Unified Government Board of Commissioners City Staff Date: February 25, 2016 Re: Proposed Ordinance Amendment definitions and a new provision to Section (a), Planning and Development of Kansas City, Kansas Code of Ordinances, requiring a special use permit for small, discount dollar retail stores. GENERAL INFORMATION This is a request of staff from the Board of Commissioners to prepare and process the following: Ordinance amendment to require a special use permit for small, discount dollar retail stores New definition for dollar retail store Purpose: To better regulate the total number and proximity of dollar stores Advertisement: Wyandotte Echo December 17, 2015 Public Hearings: February 8, 2016 and February 25, 2016 Public Opposition: None expressed to date. Ordinance Amendment Dollar Stores February 25,

2 PROPOSAL This ordinance recognizes that dollar retail stores may serve needs that are not being served by other businesses in the neighborhood. However, the proliferation of dollar retail stores in close proximity to each other can negatively impact the character of the neighborhood. The following guidelines are meant to preserve the character of each neighborhood while still allowing dollar retail stores to operate under certain conditions. Currently, a high number of dollar retail stores exist, with many in close proximity to each other. In the proposed ordinance, the separation requirement of 10,000 feet was determined after considering current location patterns and pedestrian and transit access. Existing dollar retail stores in Wyandotte County: Dollar Stores an issue to be addressed based on the following conclusions: WHEREAS a significant number of Dollar Stores are already in operation in Wyandotte County; and WHEREAS many of the Dollar Stores are currently in operation in close proximity to one another; and WHEREAS Dollar Store structures are difficult to repurpose after the store closes and can become a blight on the community; and WHEREAS there is a tendency of Dollar Stores to proliferate in low-income areas; and Ordinance Amendment Dollar Stores February 25,

3 WHEREAS there is a correlation between negative health indicators and the presence of Dollar Stores in communities; and WHEREAS it is recognized that Dollar Stores may be the only convenient source of food and dry goods for people in communities underserved by traditional grocery stores; and WHEREAS it is necessary to continue to allow the presence of Dollar Stores, but to regulate them; and WHEREAS such regulations are necessary to preserve property values, prevent blight, and protect the health and welfare of the citizens of Wyandotte County; and WHEREAS such regulations will promote the efficient use of land and resources in Wyandotte County; and WHEREAS the Board of Commissioners has directed the planning department to research and draft an ordinance regulating Dollar Stores; Therefore staff proposes the following ordinance modifications to achieve the goals of the community: Sec Definitions. Dollar retail store means a store with a wide variety of new merchandise for sale for five dollars or less, limited fresh produce, and buildings of less than 15,000 square feet. Examples include but are not limited to Family Dollar, Dollar General, Dollar Tree, 99 Cent Deals, Five Below, dime stores, or 5 & dime stores. Sec Allowable special uses. (b) The following uses are permitted only on approval of a special use permit regardless of the zoning district of the proposed location: (21) Dollar retail stores only in C-2 general business district, C-3 commercial district, M-1 light industrial and industrial park district, M-2 general industrial district, and M-3 heavy industrial district subject to the following criteria: a. Separation Requirements 1. No dollar retail store shall be located within 10,000 feet of any other dollar store or within 200 feet of any property used primarily for a single-family residence, a two-family residence, a town home, or any apartment building. The separation distances shall be measured from property line of the dollar retail store to the property line of the property containing the residential use. This separation provision shall not apply to any dollar store that can demonstrate to the Unified Government that they were in operation at the location requested in the license application prior to the effective date of this article, and that they have operated continuously under the same business name since that time. b. Signage Ordinance Amendment Dollar Stores February 25,

4 1. Following all permanent sign requirements under section c. Façade, Landscaping, and Screening 1. All commercial design guidelines must be met for all facades including, but not limited to, the creation of quality development with respect to site planning, architectural design and landscaping. 2. Commercial uses in industrial districts shall be subject to commercial design guidelines. ATTACHMENTS February 8, 2016 City Planning Commission Minutes Impact of Chain Stores, April 18, 2000 As Dollar Stores Proliferate, Opponents Worry for Small Towns, March 20, 2012 Food Environment and Child Obesity, Reasons Shopping at Dollar Stores Costs More, May 8, 2015 What Dollar Stores Reveal About America, February 7, 2012 UG to Look at Limiting Number of Dollar Stores, May 22, 2015 PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 5 to 1 to recommend approval of the dollar store ordinance amendment subject to adding the word new to merchandise in the dollar store definition. STAFF COMMENTS AND SUGGESTIONS Staff concurs with the recommendation of the City Planning Commission. REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing February 8, 2016 February 25, 2016 Approval STAFF CONTACT: Zach Tusinger ztusinger@wycokck.org Ordinance Amendment Dollar Stores February 25,

5 MOTIONS I move the Unified Government Board of Commissioners APPROVE this ordinance amendment as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: OR 1. ; 2. ; And 3.. I move the Unified Government Board of Commissioners DENY this ordinance amendment, as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. FEBRUARY 8, 2016 CITY PLANNING COMMISSION MINUTES: ORDINANCE AMENDMENT - SYNOPSIS: Certain amendment to Section , Planning and Development of Kansas City, Kansas Code of Ordinances, generally concerning definitions and a new provision to Section (a), Planning and Development of Kansas City, Kansas Code of Ordinances, requiring a special use permit for small, discount dollar retail stores. Recording Secretary Parker stated that the following items should be included as part of the record for this case: 1. The City s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question; 3. The City s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated February 8, 2016; 5. The application and other documents, plans, pictures and maps submitted by the applicant in furtherance of the case and contained in the official file; 6. The Notice in the Wyandotte Echo dated December 17, Ms. Parker asked if any member of the Planning Commission had any contact to disclose concerning this case. (No one responded in the affirmative.) Planning Director Rob Richardson, 701 North 7 th Street, Suite 423, Kansas City, Kansas, appeared in support of this ordinance amendment. This item was held over Ordinance Amendment Dollar Stores February 25,

6 from last month for additional research to be completed. That research has been done and is part of the staff report. There are several articles included as to why the city might want to do further regulation on dollar stores within the community. The essence of the amendment is that a 2,000 spacing between new retail establishments termed as dollar retail stores and they could not be within 200 of any residential property. They will have to comply with the sign code and commercial design guidelines. The staff would request the support of the Planning Commission in recommending this to the Board of Commissioners. Planning Commissioner Connelly asked why it has to be dollar stores. Does it have to have the name dollar in it? Planning Director Richardson stated that the definition on page 3 says a wide variety of merchandise for sale $5.00 or less, limited fresh produce, buildings less than 15,000 square feet (and some examples such as Family Dollar, Dollar Tree, Dollar General, 99 center, $5.00 below, dime stores and five and dime stores) are given. Mr. Connelly stated that no other stores would be affected. Director Richardson stated correct. Planning Commissioner Gonzalez stated that he said something about 2,000 feet but he sees 10,000 feet and asked how far 10,000 feet would be. Director Richardson stated that 10,000 feet is correct and it is a little less two (2) miles. Mr. Gonzalez stated that it would not affect present operations. Director Richardson stated no, they would be existing non-conforming uses. If they closed, they could not be another dollar store. Mr. Gonzalez asked what the purpose of this ordinance was. Director Richardson stated that the staff was asked to prepare this ordinance by the Board of Commissioners. Planning Commissioner Gonzalez stated that he has seen a lot of dollar stores go up. Planning Director Richardson stated that there is probably another generation of them coming. American s largest retails are also looking at those types of stores to come in and compete with the others ones. Planning Commissioner Serda asked if the definition would include thrift stores. Director Richardson stated no. Dr. Serda stated that there are many thrift stores downtown that are less than 15,000 square feet and they are not selling new merchandise as the dollar stores are selling new merchandise. If the intent is to capture dollar stores he thinks that this definition would catch thrift stores. He suggested that the definition say new merchandise in the ordinance. Planning Commissioner Gonzalez stated that when you go into a Dollar General store you are probably going to see products that are in the local grocery store. The Dollar General store that is no longer in his neighborhood, when he walked in he walked back out because of the uncleanliness. That store has been replaced by Family Dollar store which attracts a different clientele because you can get good deals there. He stated that he has not been in the store. He would hate to discriminate between those three because one is cleaner than the other. Planning Director Richardson stated that they all have to be treated as a group as one retailer cannot be singled out over another. He Ordinance Amendment Dollar Stores February 25,

7 would say generally there has been maintenance, cleanliness, and fire code compliance issues with all these type of stores because they over pack the aisles and there have been some maintenance and trash issues even with some of the brand new ones. The staff still has not released the Certificate of Occupancy on two (2) of them because they are never clean to where staff would approve a CO when it is time to give it. There have been a couple of them that have been ok; the ordinance just says that the city does not want them on every corner. Planning Commissioner Gonzalez stated that another business that should be regulated is pay day loan locations. Planning Director Richardson stated that there is a regulatory ordinance that deals with the maximum number of them. He stated that staff did think about regulating dollar stores in this manner but there is a need for them and adding two (2) more to the number already in operation could lead to some other legal issues. Planning Commissioner Connelly stated that he lives in District 1 and he has seen a lot of these stores go up such as the one on 7 th Street and this is the only place that people have to shop. Director Richardson stated that that one is not going away and the one at 7 th and Nebraska is probably the shining star of what has been built. Even stores of that chain have had issues such as the one on Leavenworth Road. There have been significant issues with them getting their grading right so their neighbor was not flooded. It was hard to get them to act and get that situation taken care of. Mr. Connelly stated that he is very impressed with the one on 47 th Street that just opened up. Director Richardson stated some of the chains go in and remodel existing locations. Mr. Connelly stated that it looks like that is singling out a place that provides a service to low-income people. Director Richardson stated that if he reads some of the articles it may look like they are serving the people. While being a dollar store their pricing is not always competitive. It is close and convenient but it may not be actually serving them in the way they might be served with something else in the neighborhood. When a grocery store looks at building a new grocery store in the northeast area, it takes away from the square footage that they want to build because these stores are there. There is a sentiment that they are not as good for the community as they appear to be in the articles. Planning Commissioner Gonzalez stated that there is a fundamental problem with any convenience store when it says buy 1 get 1 free. When you go to the cash register and then go home and look at the receipt and you did not get the deal that you thought it is a whole education deal. They sell unhealthy foods but it is also an issue of education. He went to Sun Fresh in Turner the other day and bought 2 bags of chips because it said buy 1 get 1 free and when he went to check out the manager said that is not true. He told him that if he went over there to the section of the chips (they have been picked over) there are buy 1 get 1 free tabs all over. He gave him the second item free but he had to pay for the bag of chips that was $4.19 instead of the bag that was $3 something. It is an education issue. Planning Commissioner Carson asked if this has been reviewed by the Legal Department and there is no problem. Assistant Counsel Waters stated yes. Ordinance Amendment Dollar Stores February 25,

8 No one appeared in opposition to this ordinance amendment. Planning Director Richardson stated that he would request that the word new be added to merchandise as suggested by Commissioner Serda. On motion by Dr. Serda, seconded by Mr. Carson, the Planning Commission voted as follows to recommend APPROVAL of this ordinance amendment subject to the revised definition: Carson Aye Connelly No DeWitt Not Present Ernst Not Present Gonzalez Aye Huey Chairman Pauley Aye Schwartzman Aye Serda Aye Wing Not Present Motion to recommend APPROVAL Passed: 5 to 1 Ordinance Amendment Dollar Stores February 25,

9 Exhibit1 Ordinance Amendment Dollar Stores February 25,

10 Ordinance Amendment Dollar Stores February 25,

14 Exhibit 2 Ordinance Amendment Dollar Stores February 25,