City Council Agenda Item Summary Report Meeting Date: August 20, 2019 Submitted by: P. Morgan Consent Discussion Only Public Hearing X Action/Discussion Item Title: Hold a public hearing and discuss and consider approval of an Ordinance amending the Zoning Ordinance to define and provide regulations for variety stores and grocery stores. Attachments: Draft Ordinance Item Summary: Staff requests approval of an Ordinance amending the zoning regulations for grocery stores and variety stores. The request was initiated following a discussion between staff and Mayor Pro Tem Myers. The purpose of the amendment to provide zoning regulation that is in the best interest of the future public and economic health for the City. There are several variety stores, commonly referred to as “dollar stores,” that are located within and just outside city limits. Though the City cannot enforce zoning control outside city limits, the City Council can enforce zoning control within city limits. The proposed ordinance establishes distance requirements, food type requirements, and a conditional use permit requirement for the operation of a variety store. The Zoning Ordinance does not currently provide a specific definition or zoning classification for a variety store use. The use has previously been classified under the broad use of “Retail Store (Misc.),” which is currently permitted by right within all non-residential zoning districts except Office. The proposed amendment allows for a retail store to operate with approval of a conditional use permit in the following non-residential districts: Types of Land 8 6 15 20 15 11 - - PH - - - - - C O Uses LI 2F NS AG GR MH MU SFA CBD SF SF SF SF SF MF SF Variety C C C C C C Store In addition, the amendment proposes the following definition and regulations for a variety store: “VARIETY STORE – Commonly referred to as a “Dollar Store,” a retail store that sells a wide variety of small and inexpensive items, as defined by “A Planner’s Dictionary” published by the American Planning Association.” “47.12 VARIETY STORES: Page 1 A. Variety Stores are prohibited unless the proposed use is located more than 5,000 feet from another variety store, whether or not the other variety store is located within the city limits of Forney. B. Incidental outdoor display is prohibited at all variety stores. C. If located at least 5,000 feet from another variety store, this use is permitted by conditional use permit (“CUP”) only. In addition to the criteria for a CUP set forth in Section 34b, when reviewing a request for a CUP for a variety store, the City Council shall consider: a. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use. b. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention. c. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application. D. A CUP approved under this section must stipulate that a minimum of 10 percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products.” The amendment also provides the following definition for a grocery store, which is currently undefined in the Zoning Ordinance: “GROCERY STORE – A retail store where a minimum of 50 percent of the floor area or more than 25,000 square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products and prepacked foods.” Recommendation: On August 1, 2019, the Planning and Zoning Commission unanimously recommended approval. Page 2 .