11-22-1994CITY OF RIOHFIELD
PLnmm oommission
nGMDn
November 22, 1994
7:00 p.m. -- Regular Meetinq
f i r•()'ral ()t' 11ir1.tc'
Regular meeting of October 25, 1994 and Study Session of November 15, 1994.
1 PC LETTER #15 Adult Uses Study - Second Draft
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School Board
Community Services Advisory Commission
HRA
City Council
AdHoc 135/1494 Traffic Committee
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
Regular Meeting
October 25, 1994
MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela
Dmytrenko, Timothy Erlander, David Gepner, Thomas
Scaglia, William Snyder, Kristal Stokes, and Paul Wasko
MEMBERS ABSENT
COUNCIL LIAISON
Morris Nilsen II
Martin Kirsch, Mayor
STAFF PRESENT: Byron Wallace, Community Development Director; Bill
Weaver, City Planner; 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/Scaglia, S /Stokes to approve the minutes of the regular Planning Commission
meeting of September 27. 1994 the studv session of October 11. 1994.
Motion carried: 8 -0
PUBLIC HEARINGS
CASE 94- TAP -1, 7700 Fremont Avenue South
ITEM #1 Naegele Outdoor Advertising
Transitional activity permit to allow relocation of
nonconforming billboard
Zoning Administrator Drill reviewed the staff report, stating that Naegele is
requesting to relocate a billboard from the old Cutler Animal Hospital to the south portion
of the Cloverleaf site. He said the billboard was originally constructed in 1984, and a 1987
Planning Commission Minutes
October 25, 1994
Page 2
amendment to the sign code made this billboard legally nonconforming. Mr. Drill noted
that the recent Phase I Redevelopment Project in the fLN District required acquisition of
the Cutler site.
In review of the proposed site plan, Mr. Drill said that the billboard would be
relocated about 450 feet to the west.
Mr. Drill said that the Richfield HRA owns the Cloverleaf site; and that on October
17, 1994, they accepted a lease agreement to allow the billboard on the site.
Mr. Drill stated that in addition to the transitional activity permit (TAP), the Council
must also grant special approval for the billboard's location on the Cloverleaf site.
Staff recommended approval of the transitional activity permit with conditions as
outlined in the planning report. Mr. Drill noted that one condition is that the permit expire
on October 31, 1997, or earlier depending on cancellation of the lease. He stated the
October 31, 1997 date relates to the deadline for removal of all nonconforming signs in
Richfield.
Responding to Commissioner Stokes, Mr. Drill stated that the transitional activity
permit is the means to allow continuance of a nonconforming use. He added that an earlier
section of the sign code also gives Council the ability to grant exceptions and make special
approvals. This combined with the TAP is needed in order to relocate the billboard as
proposed, according to legal counsel.
Chairperson Linnihan said the approval was a compromise to facilitate the Phase I
redevelopment and the contractual obligation to provide relocation benefits for the
billboard.
Community Development Director Wallace outlined the lease agreement and
termination rights.
Responding to Commissioner Snyder, Mr. Wallace said the HRA would collect
lease payments from Naegele.
Responding to Commissioner Wasko, Mr. Drill said that there are no other
billboards within 1,000 feet of the proposed location.
Michael Cronin, representing Naegele, concurred with the staff recommendation.
He said he felt the billboard use would be compatible with the surrounding uses. He also
reviewed the lease agreement and said it is acceptable to Naegele. He noted that the exact
location of the billboard will be determined when the adjoining CSM development is further
along.
Planning Commission Minutes
October 25, 1994
Page 3
IV/Snyder, S /Stokes to close the public hearing.
Motion carried: 8 -0
NVStokes, S /Snyder to recommend approval of the transitional activity permit with
the following stipulations:
1. That the transitional activity permit shall expire on October 31, 1997, or such
earlier time as determined by cancellation of the lease.
2. That the HRA and Council approve all necessary actions related the sign
relocation.
Motion carried: 8 -0
NEW BUSINESS
ITEM #2 PC Letter #14
First draft review of Adult Uses study
Community Development Director Wallace reviewed the first draft of the Adult
Uses study. He said the first draft outlines findings of several of the study documents. He
noted that studies from Minneapolis, Houston and Los Angeles would also be acquired.
Mr. Wallace reviewed the map developed for the pawn shop ordinance, in order to provide
a comparison. He noted that requiring a separation from liquor serving establishments may
not leave enough space for adult uses to locate. He said that the recommendation does,
however, include a separation requirement from daycare centers. Distance requirements
from pawn shops, gun shops, etc. could also have the effect of severely limiting the space
allowed for adult uses, however, staff would review this issue.
Commissioner Scaglia raised several points about the Renton case.
Commissioner Erlander added that we can use the studies of other jurisdictions to
draw our conclusions, provided that what we are trying to regulate is reasonably related to
what they were trying to regulate. He noted that we should not rely on studies that relied
on other studies.
Mr. Wallace said that the licensing regulations entitled "Commercial adult- oriented
services" were developed for massage parlors, and will likely require amendment.
Planning Commission Minutes
October 25, 1994
Page 4
The Commission provided feedback to the first draft of the study and the proposed
timelines.
Mr. Wallace stated that staff will provide a revised draft of the study and the
recommendations for the November meeting.
No formal action was required.
ITEM #3 Review of Section 530 of the Draft Zoning Code
Open discussion
Responding to Chairperson Linnihan, Mr. Drill said that there was no follow up
needed for the October 11 review of the "I" industrial district. Mr. Drill noted that the
Commission concurred with the proposed changes to the I district, therefore, he did not
prepare discussion response.
The Commissioners were given a hand -out entitled "Proposed Zoning Amendments"
for Section 530 dealing with planned unit developments. The hand -out described the
proposed changes with explanatory statements. The Commissioners reviewed each
proposed change, item by item.
A discussion item related to setting the required cash escrow in an amount that was
fair and adequate. It was suggested that amount could remain five percent, but place
minimum or maximum dollar amounts on the escrow. Mr. Drill said that staff would review
this issue and provide a response at the next review.
OLD BUSINESS
Chairperson Linnihan reviewed the discussion of the recent Joint Chairs meeting.
He said there was a consensus that the City commissions should provide a more formal
presentation of goals and accomplishments to the Council.
Commissioner Stokes briefed the Commission on the comprehensive plan progress.
Planning Commission Minutes
October 25, 1994
Page 5
LIAISON REPORTS
School Board: Commissioner Dmytrenko said that she recently updated the school
board on the development of the Adult Use study. She noted the board was receptive to
providing any input that the Commission would like from the School Board on this matter.
Commissioner Dmytrenko also said the School Board is hoping to put bids out soon for the
Phase II remodeling/renovation project.
Community Services Advisory Commission: Commissioner Stokes said this
commission voted to recommend closing ice rinks at VMP and NFT. They also reviewed
fees for mini -golf.
HRA: Mr. Wallace said the HRA will select a developer for Phase II
redevelopment of the ILN district on November 1, 1994.
City Council: Mr. Wallace said that a celebration was held for the grand opening
of Phase I of the 77th Street Project.
Ad Hoc Traffic Committee: None.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:30 p.m.
Planning Commission Secretary
PLANNING COMMISSION MINUTF
4*. 4\ 1 ,
Study Session
November 15, 1994
MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela
Dmytrenko, Timothy Erlander, David Gepner, William
Snyder, Kristal Stokes, and Paul Wasko
MEMBERS ABSENT: Morris Nilsen H and Thomas Scaglia,
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 7:00 p.m.
ITEM #I Status report -- Study on adult uses
Mr. Wallace presented four maps that were developed with respect to the adult uses
study. He said that the maps indicate where adult uses could locate under different sets of
zoning regulations.
All maps provide minimum distance requirements between adult businesses and
protected" public or institutional land uses. Such protected uses include parks, schools,
churches, libraries, and (commercial) day care centers.
All maps also provide minimum distance requirements between adult businesses and
protected" residential zones. Such protected zones include R, R -1, MR, MR -1, MR -2,
MR -3, PMR, and PMR -1.
All maps indicate that permitted zones for adult businesses include C -2, PC -2, and I.
Mr. Wallace reviewed the affect that each map would have, as follows:
Study Session Minutes
November 15, 1994
Page 2
4'
MAP I
Required distance from protected uses: 1,000 feet
Required distance from protected zones: 200 feet
Total land area adult businesses could locate: 25.5 acres
Percent of permitted zones: 8.5%
Percent of total City (excludes R -O -W): 0.8%
MAP II
Required distance from protected uses: 800 feet
Required distance from protected zones: 150 feet
Total land area adult businesses could locate: 41.4 acres
Percent of permitted zones: 13.8%
Percent of total City (excludes R -O -W): 1.3%
MAP III
Required distance from protected uses: 500 feet
Required distance from protected zones: 200 feet
Total land area adult businesses could locate: 56.1 acres
Per ent of permitted zones: 18.7%
Percent of total City (excludes R -O -W): 1.7%
MAP IV
Required distance from protected uses: 600 feet
Required distance from protected zones: 100 feet
Total land area adult businesses could locate: 69.5 acres
Percent of permitted zones: 23.2%
Percent of total City (excludes R -O -W): 2.1%
Mr. Wallace said he wants the City Attorney to review the maps with respect to
percentages of the City available for adult uses.
Commissioner Stokes requested that staff prepare a map with separation
requirements somewhere between 600 and 800 feet for protected uses. Mr. Wallace said
such map would be prepared for the next review.
Study Session Minutes
November 15, 1994
Page 3
Commissioner Wasko asked if we could require that adult uses not locate at
gateway" entrances to the City. Mr. Wallace said he would review this issue and provide a
response at the next review.
Chairperson Linnihan asked about using the adult use map for other uses such as
gun shops and pawn shops, for consistency purposes. Mr. Wallace said staff would review
this and may request changes to the pawn shop regulations as a result.
ITEM #II Review of Sections 535, 540, and 545 of the draft
Zoning Code
Following up on the October 25 review of Section 530, Mr. Drill gave the
Commissioners a hand -out entitled "Discussion Responses" which outlined the discussion
item relating to the draft planned unit development provisions. The hand -out also provided
a recommendation for changing the draft. The Commissioners reviewed the hand -out and
concurred with the recommended change relating to Cash escrow agreements.
Mr. Drill said staff was recommending Section 535 "Group housing developments"
be repealed, because no apartments were ever developed under the provisions, and any such
future developments should be reviewed as a planned unit development.
The Commissioners were given a hand -out entitled "Proposed Zoning Amendments"
for Sections 540 and 545, "performance standards" and "administration' respectively. This
hand -out described the proposed changes with explanatory statements. The Commissioners
reviewed each proposed change, item by item. The Commission raised question regarding
two of the proposed revisions. Mr. Drill stated he would provide a response to the
Commission after discussing the items with other staff and legal counsel.
Mr. Drill stated that the Commission had just completed its first run- through of the
entire draft zoning code, and expressed his thankfulness to the Commissioners for a job well
done.
ITEM #III Site planning lesson project
The Commission decided to hold off on the site planning lesson until new
Commissioners begin in February.
Study Session Minutes
November 15, 1994
Page 4
Miscellaneous
The Planning Commission decided to conduct a special Planning Commission
meeting on December 6, 1994 in order to hold a public hearing and review a proposed
amendment to the final development plan/conditional use permit for CSM Phase I.
Following adjournment of this special meeting, the Commission will hold a study session to
review the adult uses study. December 13th also was reserved as an back -up date to
continue the adult uses study if required. The Commission noted that the schedule set for
the adult uses study may need to be modified to present findings to the Council in January
instead of December.
The Planning Commission decided to conduct a special Planning Commission
meeting on January 10, 1995 in order to hold a public hearing and review a proposal by
Dunrite Auto Repair to amend the text of the zoning code to allow auto repair businesses in
the C -1 district as a permitted use.
Commissioner Stokes briefed the Commission on the Comprehensive Plan
development.
ADJOURNMENT
The study session was adjourned by unanimous consent at 8:25 p.m.
Timothy Erlander
Planning Commission Secretary
CITY OF RI0HFIELD
Puinnm oommission
Letter
Item: #1 Agenda Section: New Business
PC Letter: #15 Date: November 22, 1994
GENERAL INFORMATION
Subject: Review of proposed regulations for adult uses.
Type of Request: Review attached materials and provide direction to staff.
BACKGROUND
Purpose: On October 25, 1994, the Planning Commission reviewed first draft of a study
relating to adult uses. Staff is now following up with proposed ordinance
language to regulate adult uses.
RECOMMENDATION
Recommended
Action:
Preferred: Review attached materials and provide staff with direction as how to proceed.
Basis: Review this month will keep the study on schedule. Note that due to Council
commitments for their December 5 study session, the Planning Commission may
have to reschedule the presentation of the study /ordinance to a later date.
i
NOV 18 '94 12:51 HOLMES & GRAVEN
Altama7e at IAw
ROJIM A. ALSOT
RONALD EL BATTY
STEar M J. BUIPM
JOO B. DEATH
MARY G. DOWNS
STSPANDE AL GALLY
CORROM A. 89INS
149i0'J L ROLWA
DAVID J. xzw4zDv
JOHN R.LARSON
WRLLINGTOx II. LAW
CmAS:I.tS L. LYI vnt
JOme M. LEPEVIZ JR.
ROBERT J. LVI DALL
November 18, 1994
Shawn Drill
Zoning Administrator
City of Richfield
6700 Portland Avenue
Richfield, MN 55423 -2598
Re: Adult Use Ordinance
Dear Byron:
HOLMES & GRAVEN
CHARUP"
470 Ptllahury Cealer. miaasapalk, Nlfa0660ta !<5002
632) 337 -9300
Pacelmlle (611) 337.9310
WRITER'S DIRMT DIAL
337- 99209
Y ! R"I wM AND MAM
F.Z/
Room C. LONO
LAMA IL VOLLt l
BARDARA L PORTWOOD
JAMW M. 9rR0W3W
34un J. 7 110119 01(. AL
LARRY M.VVMMMU f
BOKNIE L WILKINS
GARY P. W rna
DAVID I.-LEAVEN (1919.1991)
OF COUNSEL
ROMXRT C. CARLSON
RORYRT Ir DAMSON
T. JAY W. 404
Pursuant to your request I am enclosing an outline of a proposed ordinance
pertaining to adult establishments. I believe that the Planning Commission needs to
address the following issues:
1. The separation distance, and how it will be measured, between adult
uses and the protected uses.
2. Whether adult novelty businesses should be regulated.
3. How should the phrase "substantial or significant" be defined (i. a., as
a percentage of floor area, inventory or volume of sales)?
4. How would a new ordinance effect existing businesses, such as video
stores that have a portion of their inventory devoted to adult videos.
After the Planning Commission meets on 'Tuesday, I recommend that I sit down with
you and Shawn to refine the ordinance language.
Sincerely,
ats Thomson
JJT / imb
Enclosure
JJT79673
RC160 -7
ORDINANCE NO.
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS
AND ADDING A NEW SECTION TO THE RICHFIELD
ZONING CODE.
THE CITY OF RICHFIELD ORDAINS:
Section 1. The Richfield Zoning Code is amended by adding a
new section to read:
Section 555 - Adult Establishments.
555.01. Definitions.
Subd. 1. Adult Establishment. A business engaged
in any of the following activities or
which utilizes any of the following
business procedures or practices: (a) a
business that is conducted exclusively
for the patronage of adults and as to
which minors are specifically excluded
from patronage, either by operation of
law or by the owners of such business,
except any business licensed under
Chapter XII of the Richfield City Code;
b) any business that has a substantial
or significant portion of its floor
space, inventory or volume of business
that is characterized by an emphasis on
material depicting, exposing, describing,
discussing or relating to specified
sexual activities or specified anatomical
areas.
An adult establishment includes, but is not - limited
to, any adult use as defined'in this section or any
use regulated by Section 605 of.the Richfield City
Code.
Subd. 2. Adult Use. An adult use is any of the
activities and businesses described
below:
1) Adult Body Painting Studio: An
establishment or business which provides
the service of applying paint or other
substance, whether transparent or non -
transparent, to the body of a patron when
such person is nude. For purposes of
this definition, the term "nude" means
the same thing as "specified anatomical
areas."
Jsr7967a
RC160 -5 1
NOV 16 i2: 52 HOLME'S & GKH'v'E:!V
2) Adult Bookstore: An establishment or
business used for the barter, rental or
sale of items consisting of printed
matter, pictures, slides, records, audio
tape, videotape, or motion picture film
if such business is not open to the
public generally but only to one or more
classes of the public, excluding any
minor by reason of age, or if a
substantial or significant portion of
such business or establishment is devoted
to material distinguished and
characterized by an emphasis on the
depiction or description of "specified
sexual activities" or "specified
anatomical areas."
3) Adult Cabaret. A business or
establishment that provides dancing or
other live entertainment that excludes
minors by virtue of age or if such danc-
ing or other live entertainment is
distinguished and characterized by an
emphasis on the presentation, display,
depiction or description of "specified
sexual activities" or specified
anatomical areas."
4) Adult Companionship Establishment: A
business or establishment that excludes
minors by reason of age, and which
provides the service of engaging in or
listening to conversation, talk or
discussion between an employee of the
establishment and a customer, if such
service is distinguished and
characterized by an emphasis on
specified sexual activities" or
specified anatomical areas."
5) Adult Conversation /Rap Parlor: A
business or establishment that excludes
minors by reason of age, and which
provides the services of engaging in or
listening to conversation, talk, or
discussion, if . such service is
distinguished and characterized by an
emphasis on "specified sexual activities"
or "specified anatomical areas."
6) Adult Health /Sport Club: A health /sport
club which excludes minors by reason of
age, if such club is distinguished and
characterized by an emphasis on
JJT79672
RC160 -5 2
w. _C. n__ s z. .__. -,,
specified sexual activities" or "spec-
ified anatomical areas."
7) Adult Hotel or Motel: A hotel or motel
from which minors are specifically
excluded from patronage and where materi-
al is presented which is distinguished
and characterized by an emphasis on
matter depicting, describing or relating
to . "specified sexual activities" or
specified anatomical areas."
8) Adult Massage Parlor, Health Club: A
massage parlor or health club which
restricts minors by reason of age, and
i which provides the services of massage,
If such service is distinguished and
characterized by an emphasis on
specified sexual activities" or
specified anatomical areas."
9) Adult Mini - Motion Picture Theater: A
business or establishment with a capacity
for less than 50 persons used for
presenting material if such material is
distinguished and characterized by an
emphasis on matter depicting, describing
or relating to "specified sexual
activities" or "specified anatomical
areas."
10) Adult Modeling Studio: A business or
establishment that provides customers
figure models who are so provided with
the intent of providing sexual
stimulation or sexual gratification to
such customers and who engage in
specified sexual activities" or display
specified anatomical areas" while being
observed, painted, painted upon,
sketched, drawn, sculptured, photo -
graphed, or otherwise depicted by such
customers.
11) Adult Motion Picture Arcade: Any place
to which. the public is permitted or
invited where coin or slug - operated or
electronically, electrically -or
mechanically controlled or operated still
or motion picture machines, projectors or
other image - producing devices are
maintained to show images to five or
fewer persons per machine at any one
time, and where the images so displayed
JJT79672
Rc160 -5 3
are distinguished and characterized by an
emphasis on depicting or•' describing
specified sexual activities" or
specified anatomical areas."
12) Adult Motion Picture Theater: A motion
picture theater with a capacity of 50 or
more persons used for presenting material
if such theater as a prevailing practice
excludes minors •by reason of age or if
such material ''is distinguished or
characterized by an emphasis on
specified sexual activities" or "spec -
ified anatomical areas" for observation
by patrons.
13) Adult Novelty Business: A business which
has as a principal activity the sale of
devices which stimulate human genitals or
devices which are designed for sexual
stimulation.
14) Adult Sauna: A sauna which excludes
minors by reason of age, and which
provides a steam bath or heat bathing
room used for the purpose of bathing,
relaxation, or reducing, utilizing steam
or hot air as a cleaning, relaxing or
reducing agent, if the service provided
by the sauna is distinguished or
characterized by an emphasis on "speci-
fied sexual activities" or "specified
anatomical areas."
15) Adult Steam Room /Bathhouse Facility: A
building or portion of a building used
for providing a steam bath or heat
bathing room used for the purpose of
pleasure, bathing, relaxation, or reduc-
ing, utilizing steam or hot air. as a
cleaning, relaxing or reducing agent if
such building or portion of a building
restricts minors by reason of age and if
the service provided by the steam
room /bathhouse facility is distinguished
and characterized by an emphasis on
specified sexual activities" or
specified anatomical areas."
Subd. 3. Specified Anatomical Areas:
1) Less than completely and opaquely covered
human genitals, pubic region, buttock,
anus, or female breast(s) below a point
JJT79672
RC160 -5 4
immediately above the top of the areola;
and
2) Human male genitals in a discernibly
turgid state, even if completely and
opaquely covered.
Subd. 4. Specified Sexual Activities.
1) Actual or simulated sexual intercourse,
oral copulation, anal intercourse, oral -
anal copulation, bestiality, direct
physical stimulation of unclothed
genitals, flagellation or torture in the
context of a sexual relationship, or the
use of excretory functions in the context
of a sexual relationship, and any of the
following sexually- oriented acts or con -
duct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
2) clearly depicted human genitals in the
state of sexual stimulation, arousal or
tumescence; or
3) Use of human or animal ejaculation,
sodomy, oral copulation, coitus, or
masturbation; or
4) Fondling or touching of nude human
genitals, pubic region, buttocks, or
female breast(s); Or
5) Situations involving a person or persons,
any of whom are nude, clad in
undergarments or in sexually revealing
costumes, and who are engaged in activi-
ties involving the flagellation, torture,
fettering, binding or other physical
restraint of any such persons; or
6) Erotic or. lewd touching, fondling or
other sexually .oriented contact with an
animal by a human being; or
7) Human excretion, urination, menstruation,
vaginal or anal irrigation.
Subd. 5. Substantial or Significant. For purposes of
this section, the phrase "substantial or
significant" means that either % or more
of an adult establishment's inventory, floor
iaT72672
RC160 -5 5
area or gross sales is
from material that
characterized by an
depicting, describing o
sexual activities or
areas.
devoted to or derived
is distinguished or
emphasis on matters
r relating to specified
specified anatomical
555.03. Permitted Uses. Adult establishments are
permitted uses in the C -T, PC -2, and I
zoning districts:
555.05. Location. No adult establishment may be
located within feet of a residential
zoning district, a park, a school, a
church, a library or a commercial daycare
center or within feet of another
adult es abl hm t " "` ' t is en EP+ r+ `,
t a, rka. 4 v
Section 2. Effective Date. This ordinance is effective in
accordance with Section 3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota
this day of , 1994.
artin J. K rsc , Mayor
ATTEST:
T omas P. Ferber, City Clerk
JJT79672
BC160 -s 6