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09-27-1994CITY OF RIOHFIELD PLnnninG OOR1tT ssion AGENDA September 27, 1994 7:00 p.m. -- Regular Meeting HORR C au h r• c - 1 l c f' mi i 1 l u i t• s Regular meeting of August 23, 1994 and Study Session of September 20, 1994. INTU HI Wr ev• l u inR OPEN DISCUSSION Continue Review of Draft C -2 and C -3 Zoning Provisions OPEN DISCUSSION Draft Schedule for Regulation of Adult Uses 1)IcI 03 U,, I I e MI.1.11tiU1 h C"l)(11itti School Board Community Services Advisory Commission HRA City Council AdHoc 135/1494 Traffic Committee Addo =immsnt Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861 - 9702." PLANNING COMMISSION MINUTES 4ji. ::::. :.x Regular Meeting August 23, 1994 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, David Gepner, Thomas Scaglia, William Snyder, and Kristal Stokes MEMBERS ABSENT: Morris Nilsen II and Paul Wasko COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: Byron Wallace, Community Development Director; and Shawn Drill, Zoning Administrator. The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. APPROVAL OF MINUTES M/Snyder, S /Scaglia to approve the minutes of the regular Planning Commission meeting of July 26, 1994. Motion carried: 7 -0 M/Erlander, S /Stokes to approve the minutes of the August 9, 1994 study session. Motion carried: 7 -0 PUBLIC HEARINGS None. Planning Commission Minutes August 23, 1994 Page 2 NEW BUSINESS ITEM #1 PRESENTATION OF PROCLAMATION HONORING MICHAEL GALLAGHER FOR HIS SERVICE ON THE RICHFIELD PLANNING COMMISSION Mayor Kirsch read and presented a proclamation of appreciation to Michael Gallagher for his assistance and service on the Richfield Planning Commission. Michael Gallagher thanked the Planning Commissioners and Mayor for the opportunity to serve on the Commission. r' ITEM #2 PLANNING COMMISSION LETTER #14, COMPREHENSIVE PLAN FINDING FOR 6428 -16TH AVE. HRA ACQUISITION /DISPOSITION) Zoning Administrator Drill reviewed the staff report, stating that this item is consideration of a resolution finding that the proposed use of 6428 -16th Avenue as a single family home is in conformance with the Comprehensive Plan. Mr. Drill noted that this lot would be purchased by the HRA for inclusion into the Richfield Rediscovered Program. Mr. Drill stated that Minnesota State law requires that whenever a public agency buys or sells land, the Planning Commission must find that the proposed use conforms to the Comprehensive Plan. Mr..Drill noted that the subject lot was located in the single family district. He also pinpointed the lot on the Comprehensive Development Plan Map, indicating that it has been designated for single family use. M/Snyder, S/Erlander that the following resolution be adopted; that it be spread in the Planning Commission resolution book, and that it be made a part of these minutes: RESOLUTION NO. 94 RESOLUTION OF THE RICHFIELD PLANNING COMMISSION FINDING THAT THE ACQUISITION AND DISPOSITION OF CERTAIN PROPERTY FOR RICHFIELD REDISCOVERED IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN Motion carried: 7 -0 Planning Commission Minutes August 23, 1994 Page 3 ITEM #3 PLANNING COMMISSION LETTER #15, COMPREHENSIVE PLAN FINDING FOR 2819 W. 701/2 ST. HRA ACQUISITION /DISPOSITION) Zoning Administrator Drill reviewed the staff report, stating that this item is also consideration of a resolution finding that the proposed use of 2819 West 70 1/2 Street as a single family home is in conformance with the Comprehensive Plan. Mr. Drill noted that this lot would be purchased by the HRA for inclusion into the Richfield Rediscovered Program. Mr. Drill said that Minnesota State law requires that whenever a public agency buys or sells land, the Planning Commission must find that the proposed use conforms to the Comprehensive Plan. Mr. Drill noted that the subject lot was located in the single family district. He also pinpointed the lot on the Comprehensive Development Plan Map, indicating that it has been designated for single family use. M/Erlander, S /Scaglia that the following resolution be adopted, that it be spread in the Planning Commission resolution book, and that it be made a part of these minutes: RESOLUTION NO. 95 RESOLUTION OF THE RICHFIELD PLANNING COMMISSION FINDING THAT THE ACQUISITION AND DISPOSITION OF CERTAIN PROPERTY FOR RICHFIELD REDISCOVERED IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN Motion carried: 7 -0 ITEM #4 OPEN DISCUSSION -- DRAFT ZONING CODE REVIEW OF DRAFT "C -1" PROVISIONS The Planning Commission conducted an open discussion to continue review of the draft zoning code. Following up on the August 9, 1994 review, Zoning Administrator Drill provided the Commission with a hand out entitled "Discussion Responses ". He noted that pertaining to the R -1" district, the maximum aggregate square footage for accessory buildings has been increased from 1,250 sq. ft. to 1,300 sq. ft. He also noted that pertaining to the "MR -3" district, minimum lot size has been increased from 45,000 square feet to 60,000 square feet. Planning Commission Minutes August 23, 1994 Page 4 Mr. Drill presented the Commission with a hand out entitled "Proposed Zoning Amendments" for the C -1 (neighborhood business) zoning district, which described the proposed changes with explanatory statements. The Commissioners reviewed each proposed change, item by item. Areas of discussion included the following: Neighborhood business defined -- Consider adding word "primarily" to provision. Neighborhood business defined -- Consider changing "residential uses" to "residents ". Mr. Drill said he would provide a response to these discussion items at the September 20 study session. OLD BUSINESS None. LIAISON REPORTS School Board: Roger Stern, School Board Liaison, reported on construction projects at the schools. He said excellent progress is being made, however, much work is still needed before school can open in about three weeks. He added that some of the auditorium additions will not be completed until late fall or winter. Commissioner Dmytrenko commented on the taxing structure with respect to the Hennepin County schools. Community Services Advisory Commission: Commissioner Stokes reviewed topics of the last CSC meeting. She discussed scheduling issues related to park improvement projects. She also noted that the "Crazy Golf Tournament" is set for September 10, with proceeds to benefit Wood Lake Nature Center. City Council/HRA: Community Development Director Wallace reviewed the Phase II presentations of CSM and Feldman, with respect to the Interstate/Lyndale/Nicollet (ILN) Redevelopment Project. He also announced that Richfield will have its first ever "Parade Home" this fall. The home is located at 6636 Sheridan and the builder is Marlin Grant Homes. Ad Hoc Traffic Committee: None. Planning Commission Minutes August 23, 1994 Page 5 Chairperson Linnihan reminded the Commission that the next Study Session will be held on September 20, 1994 at 6:00 p.m., pizza and pop to be provided. The Council chambers may be available for this meeting. More info to come. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:00 p.m. Timothy ErlancferV Planning Commission Secretary PLANNING COMMISSION MINUTES Study Session September 20, 1994 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, David Gepner, Kristal Stokes, and Paul Wasko MEMBERS ABSENT: Morris Nilsen II, Thomas Scaglia, and William Snyder COUNCIL LIAISON: None. STAFF PRESENT: Byron Wallace, Community Development Director; Bill Weaver, City Planner; and Shawn Drill, Zoning Administrator. The Study Session was called to order by Chairperson Linnihan at 6:00 p.m. ITEM #I Review of Section 520 of the draft zoning code Mr. Drill gave the Commissioners a hand -out entitled "Discussion Responses" which outlined the discussion items relating to the draft C -1 District provisions. The hand -out also provided staff responses and recommendations for making changes to the draft. The Commissioners reviewed the hand -out and concurred with the recommended changes. The Commissioners were given a hand -out entitled "Proposed Zoning Amendments" for the C -2 and C -3 Districts. This hand -out described the proposed changes with explanatory statements. The Commissioners reviewed each proposed change, item by item. Areas of discussion included the following: What is an "odor control plan'? Does this need ,to be expanded on? Review queuing space needed for gas stations versus car washes. Is 20 foot setback enough for pump islands? Should restriction on canopy signage be removed? How is icing of streets prevented? Should code specify how this is to be accomplished? Should all references to heliport be removed? Should cemeteries have limitations on headstones? It being 7:00 p.m. (guest speaker arrived for next agenda item), the Commission decided to continue the remaining C -2 and C -3 discussion until the September 27, 1994 regular meeting. Study Session Minutes September 20, 1994 Page 2 ITEM #H Study on Adult Uses and Regulations Jim Thomson, Holmes and Graven, introduced himself and stated that he is very familiar with regulations for adult uses. Mr. Thomson gave the Commissioners a hand -out entitled "Regulation of Adult Uses" and reviewed it with the Commissioners. He said an adult use is typically a business which derives its revenue from materials, books, magazines, movies, novelties, etc. that are characterized by an emphasis on "specified sexual activities" or pornographic activities. It also covers peep shows and nude dancing. Businesses that deal in obscene material are not protected by the laws that regulate adult uses (First Amendment). Responding to Commissioner Erlander, Mr. Thomson said the it can be difficult to define difference between pornographic and obscene materials. Pornography is protected by the First amendment, while obscenity is a crime. State law defines obscenity as material which appeals solely to sexual interests and has no redeeming social values. He said a jury may have to decide, in some cases, whether material is pornographic or obscene. Mr. Thomson said that sexually oriented businesses are protected by the First Amendment, and therefore, enjoy greater protection under the law than other businesses. Responding to Chairperson Linnihan, Mr. Thomson said that nude dancing may be prohibited from establishments that serve liquor. He said that under the 21st Amendment, nude dancing can be regulated under the constitution which allows you to regulate liquor licenses. Mr. Thomson said adult uses could be regulated through zoning, licensing, public decency laws, health ordinances, liquor ordinances, and "harmful to minor" laws. The "harmful to minors" is in State Law and requires opaque covering and/or segregation of adult materials to areas not accessible to minors. ' Mr. Thomson said that in order to regulate adult uses by either zoning or licensing, the City must conclude that the businesses your trying to regulate would create adverse secondary affects, such as neighborhood blight, diminished property values, and increased crime. That is what gives you legal authority to regulate adult uses -- that they produce these adverse secondary impacts. You cannot regulate them based on the type of material that they deal in. Mr. Thomson said that a city can rely on studies which conclude that the uses have adverse secondary impacts, even though such study was conducted by another city or agency, provided that what your trying to regulate is reasonably related to what they were trying to regulate. Study Session Minutes September 20, 1994 Page 3 Mr. Thomson said that if you want to regulate adult uses, you must review the studies and make findings that they would have adverse secondary impacts. Mr. Thomson said the more data you gather, which may include a hearing, the better off you will be to support the findings. Mr. Thomson said that the findings should come from the Planning Commission with a recommendation to the City Council. Mr. Thomson said that staff could write the report or an outside consultant could be hired to do the study and come up with ways to accommodate these uses. The City should come up with findings that are designed to meet the specific and unique needs of the City of Richfield. Mr. Thomson said the two primary types of regulations for adult uses are dispersal regulations or concentration regulations. Concentration regulations haven't proven very effective because of high crimes rates in the concentrated area. Dispersal regulations are more common and can restrict the location of adult uses to certain zoning districts within the city, and can also restrict them from certain distances within protected uses (e.g., schools, churches, daycares, libraries, parks) and from other adult uses. Mr. Thomson said a city must allow a reasonable opportunity area in the city for adult uses to locate. Cities can determine what is a "reasonable opportunity area ". A percentage of the city base is usually applied. Mr. Thomson said the city does not have to actually provide a building, but has to provide an area. It would be up to the business to find a suitable building or to build the building. He also said that adult uses must be classified as a permitted use in one or some of the city's zoning districts. Because adult uses are protected by the first amendment, conditional uses are viewed as unlawful prior restraints. The City could still place requirements on the uses as a "permitted use ". Licensing regulations must establish precise guidelines for the issuance of the license. Responding to Commissioner Wasko, Mr. Thomson said that the City may be able to justify locating adult uses at a required distance from pawn shops, gun shops and check cashing businesses, if a finding of adverse secondary impacts can be made. Responding to Commissioner Stokes, Mr. Wallace said the licensing and zoning regulations would probably be considered simultaneously. Mr. Wallace also noted that it could be possible to amend the liquor laws to regulate adult uses in those facilities. Mr. Thomson said that if you want to regulate mainstream video stores which have an amount of adult videos, you should be precise in the amount of floor area or percent of stock -in- trade that it could have before being classified as an adult use. Mr. Thomson stated that the current moratorium restricts adult uses during the study period, and that it would be good to move quick to adopt regulations. Study Session Minutes September 20, 1994 Page 4 Responding to questions by Commissioner Dmytrenko, Mr. Thomson said the City may want to review the signage issues associated with adult uses. Mr. Thomson also said that you could restrict adult uses to no more than one per building. Mr. Drill said that there is a tape recording of this discussion available for Commissioners who wish to review it, or for those Commissioners not in attendance. ITEM #III Site planning lesson project Mr. Drill reviewed the City applications for off - street parking permits, rezonings, and conditional use permits. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:25 p.m. imothy Erl der Planning Commission Secretary