Council approves regulations for discount retail stores

by Laura Bednar

Oct. 8 city council meeting

Independence City Council unanimously approved new regulations for small box discount retail stores within the city.

The addition to the city’s zoning code came after a six-month moratorium on any new stores of this type, which was enacted in March. During that time, Economic Development Director Jessica Hyser said zoning code writing firm Zone Co reviewed the city’s regulations on small box stores.

In a memo from Zone Co, Lead Principal Sean Suder wrote that the city asked the firm to “research and provide best practices for regulating the concentration of dollar and other small-box discount stores in similarly situated communities.”

The firm reviewed example ordinances in Akron, Cleveland, Brunswick and Richmond Heights. Independence’s approved language defines small box discount retail stores as “a retail establishment of between 3,000 and 15,000 square feet that dedicates less than 15% of shelf space to fresh or frozen foods and produce.” The store would also sell an assortment of merchandise including food or beverage, health products, household goods and any other consumer products that cost less than $10.

The code also states that no small box store shall be established within 3 miles of an existing small box store. Dollar General on Brecksville Road is currently the only dollar store in the city. Zone Co stated that Dollar Tree applied for an occupancy permit earlier this year for an empty space in Independence Square Shopping Center, but the application came during the moratorium.

The new ordinance does not apply to retail establishments containing a prescription pharmacy or retail selling gasoline or diesel fuel, and will not apply to existing small box discount stores in the city.

Councilperson Dale Veverka noted that Zone Co’s report stated that there are no grocery stores in Independence, but he argued that Drug Mart has a deli counter and produce. Hyser said it would fall under the pharmacy category based on the U.S. Standard Industrial Classification. Councilperson Jim Trakas said in Ohio Administrative Code, the difference between retail stores and retail food stores relates to square footage defined for each type of store.

During the public hearing on the subject, resident Dan Sobotka said Cleveland enacted its own legislation regarding small box stores, which made more sense for them because of the number of box stores in the city. In Independence, he said, “It doesn’t seem like it’s really a problem.”

The purpose of the regulations, according to the legislation, is to protect the city from overconcentration of box stores, especially given the limited amount of retail space (15,000 square feet) remaining for rent in the city.

In other news, council approved the purchase of eight new network automation engines, which are web-based controls for HVAC and lighting in city buildings, from Johnson Controls for $72,360.

Police officer Raymond Pacl retired from the Independence force after 27 years and was permitted to keep his badge and firearm after retirement. ∞