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01-10-05 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, January 10, 2005 7pm I. Approval of Minutes November 22, 2004 Planning Commission Meeting II. Discussion of Proposed New City Code Section 11.50 "Sexually Oriented Businesses" III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings IV. Other Business V. Adjournment Regular Meeting of the Golden Valley Planning Commission . November 22,2004 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 22, 2004. Vice Chair Waldhauser called the meeting to order at 7 pm. Those present were Commissioners Eck, Hackett, McAleese, Rasmussen, Schmidgall and Waldhauser. Also present were Director of Planning and Development, Mark Grimes and Administrative Assistant, Lisa Wittman. Chair Keysser was MOVED by Rasmussen, seconded by Ec the October 11, 2004 minutes with the unanimously to approve s/corrections. I. Approval of Minutes October 11, 2004 Planning Commission Meeting Eck referred to the first paragraph on page four and said to s referred to page five and noted several typographical rs. Waldhauser referred to the third paragraph on p regarding access to the property being discuss . October 25, 2004 Plannin Waldhauser stated that Com s listed as present but was absent. MOVED by Eck, second October 25, 2004 minute nd motion carried unanimously to approve the noted correction. II. rovement Program (CIP) 2005-2009 - Don Taylor, i recto r, explained that the Planning Commission reviews the am (CIP) annually to make sure that what is being planned for with the Comprehensive Plan of the City. He stated that there are CIP and that the last three sections: streets, storm sewers and quired a special meeting with the City Council to prioritize projects. He pproval of the CIP does not mean that all of the individual projects listed Id be receiving final approval from the Council. Taylor referred to page 22 and discussed the tax rate that the City is levying to pay debt and its relationship to the City's total tax rate. He said as a past request from the Planning Commission, staff now relates the current CIP to the previous CIP and that it is a way to analyze projects from year to year. . Waldhauser referred to the tax rates on page 22 and asked if a cost inflation assumption is used or the costs at current dollars are used for the projected costs. Taylor said they use 3% as the yearly inflation factor for operations when they forecast for the future. Minutes of the Planning Commission November 22, 2004 Page 2 . Eck referred to page 22 asked how Golden Valley compares to other first ring suburbs regarding the bonded debt tax rate and the other figures listed. Taylor said he thinks Golden Valley's debt tax rate is relatively high right now compared to other cities primarily because of the Pavement Management Program (PMP). He said that 80% of the PMP is financed with tax levies and 20% is financed with assessments against the benefiting properties. He added that Golden Valley levies over 2 million dollars per year to repay bonds that finance the PMP. He added that the City will be paying debt service on streets until 2029 or 2030. Waldhauser asked costs are put i the s en taken out of this CIP. st year's CIP because d in 05 so they did not put it in this CIP 004 and 2005. Grimes asked if the State aylor aid the City will receive approximately of the project was financed with storm sewer Waldhauser asked if the expectation is that the whole pavement man won't have to start over again until 2029. Taylor said that the earlie t were reconstructed in the early 1990s so if maintenance is done t cooperates streets could last 40 to 50 years. Grimes added t ot also redone or replaced at the same time as the streets. Ha as well. Grimes said yes and stated that the initial installation have an adequate sub-base. Taylor added that that is ere cities and that it costs Golden Valley in excess of on reconstruct a street. He said that the Pavement City's bond rating company (Moody's) because replace infrastructure. . Eck asked if the Highway 55/ Boone A Taylor said yes, and explained that construction started in 2004 but because it was too hard to divid contributed some money to $550,000 from the state revenue bonds and tax a, nds in included in the street section. Taylor said those ction of the CIP. of the City's water situation. Taylor stated that all thre.e cities ion have agreed to approve a contract with Minneapolis at a 5 per 1,000 gallons this year for the wholesale cost of water ase in 2005. He explained that building a water treatment facility in still be looked at in the future. . d it appeared that a lot of spending was front ended into 2005 and 2006 and tapere off in 2007, 2008 and 2009 and asked if that is just a reflection of what we don't know about those years. Taylor said yes, and that staff gets together and decides which projects can be delayed to future years. Rasmussen asked how many buildings the City owns. Taylor said there are 10 fairly good size buildings and 7 park buildings. Rasmussen asked it there is someone who looks at all of the buildings regarding maintenance needs. Taylor explained that the Environmental Minutes of the Planning Commission November 22, 2004 Page 3 . Coordinator is in charge of the City's buildings. On occasion he will hire consultants to inspect the city's buildings, as he did recently for roofs. Eck asked what a "trunked" radio system means. McAleese explained that it means the radio system assigns radio frequencies and channels automatically. Rasmussen referred to the phone system and voice mail system and asked if they are one in the same. Taylor said they could be the same system in the future, but right now they are separate systems. He stated that the City is looking at different . s including leasing a system. The City bought its' current system in 1996. III. r the Eck referred to the new public safety command vehicle and aske.. City that the existing one can't do. Taylor explained that beca computer system and the new radio system they need an u Waldhauser asked if the cost of equipment that is not cities that also have a limited need for it. Taylor said t mutual aid groups for Police, Fire and Public Wor red with other r of a number of Waldhauser asked about the renovation of the fi be renovated because it doesn't meet the has discussed the possibility of leasing . Taylor said that it needs to ments. He added that staff er cities. . McAleese asked if there is still as' reappointed to the sidewalk co is always on the sidewalk co sidewalks and connection rimes said there will be people omeone from the Planning Commission a at the Vision Guide really stresses omething that is important to the Council. MOVED by Schmidgall, approval of the 200 09 C Comprehensive Pia by E and motion carried unanimously to recommend I Improvement Program as it is consistent with the so the Housing and Redevelopment Authority, City oning Appeals and other Meetings IV. V. Adjournment The meeting was adjourned at 8:00 pm. . . . . Hey Planning 763.593.8039/763.593.8109 (fax) Date: January 6, 2005 To: Planning Commission From: Adam W. Fulton, Planning Intern Subject: Sexually Oriented Business Ordinances, Initial Attached: Map, 500-foot Radius; 6.48 Sexually Oriented Business Licenses; 11.50 Sexually Oriented Business Locations. In June of 2004, the Council passed a moratorium against the development of sexually oriented businesses within the City. Until this time, there were no technical prohibitions against the development of a sexually oriented business anywhere in the City. The sole prohibition against sexually oriented businesses in the City was within establishments serving liquor, where sexually oriented uses such as nudity and other like uses were prohibited. There are two primary categories of sexually oriented sales. The first includes those businesses where sexually oriented sales take place, but the product is consumed off the business premises. Within the proposed ordinances, such sales are referred to as "Accessory Sexually Oriented Sales." Such sales may include pornographic books or magazines, but may not include devices for sexual stimulation. Section 6.48 "Sexually Oriented Business Licensing" will not apply to such products, as they are generally considered an accessory sale and cannot comprise more than 5% of a businesses' gross floor area. This category of sales includes safeguards to ensure that minors do not have access to such products, but such sales are not regulated to the same extent as are sexually oriented sales where more than 5% of the business's gro$sfloor area is dedicated to such sales. The second category of sexually oriented sales includes the sale of products, or entertainment, for consumption on the business premises. This type of sales is referred to within the ordinances as a sexually oriented business. In such cases, more than 5% of the business's gross floor area is dedicated to sexually oriented sales. These businesses include sexually oriented movies, on- site sexually oriented entertainment, or sex shops where items like the above-mentioned devices for sexual stimulation. It is important to note that there are not presently any sexually oriented businesses in Golden Valley. . . . It is important to license and control for the location of sexually oriented businesses that may desire to operate in Golden Valley in the future. Whether through happenstance or other factors, no such business has located in the City up to this point. Had such a business moved into the City, it would have been an allowed use in most Commercial districts, regardless of proximity to residential or institutional areas. A critical fact in the development of the ordinance is that it is unlawful for the City to completely prohibit sexually oriented businesses, as it would be a violation of the First Amendment of the U.S. Constitution. The proposed ordinances have two parts: a licensing portion, which falls under Chapter 6 of the City Code; and a zoning portion, which falls under Chapter 11 of the City Code. As stated above, the two ordinances apply only to sexually oriented businesses, not accessory sexually oriented sales. The ordinance for the licensing of sexually oriented businesses will take place in Chapter 6, Business Licensing. The proposed Section, called "Sexually Oriented Business Licensing," will regulate any sexually oriented business that might wish to enter Golden Valley. A license will be required prior to the businesses opening to the public. The criteria for a license are quite detailed and covered in Subdivisions 4 through 8 of the ordinance. It is not necessary for the Planning Commission to examine the licensing portion of the regulations, as it does not fall under the Zoning Code. It has been provided for informative purposes only. The ordinance for the locations of sexually oriented businesses is provided for the scrutiny of the Planning Commission. This ordinance proposes the addition of Section 11.50 "Sexually Oriented Businesses" to the Zoning Code. The ordinance provides for the location of some sexually oriented businesses within the City; however, those locations are strictly limited because of the nature of a sexually oriented business. To protect residential areas from those harmful effects discussed in Subdivision 1, a buffer of 500 feet shall occur between any sexually oriented business and any residential areas, measured at the property line; additionally, a 250 foot buffer between any sexually oriented businesses and residential areas in adjoining municipalities is provided for in the ordinance. A similar requirement is in place for institutional areas - again, 500 feet for institutional uses within the City, and a 250 foot buffer for institutional uses in adjoining municipalities. Because clusters of sexually oriented businesses have been shown to have negative effects on municipalities, a distance of 500 feet is required between each sexually oriented business. Finally, because of the nature of sexually oriented businesses, their use is allowed only in Industrial and Light Industrial zoning districts. Those districts were found to be least at-risk for the negative effects discussed in Subdivision 1 of the ordinance. Sexually oriented businesses will be prohibited within 500 feet of certain conditional uses within those two districts. Specifically, those uses which are primarily targeted to minors will be provided with the 500 foot buffer zone. The variance procedure normally used in Chapter 11 is altered for sexually oriented businesses. In cases where a sexually oriented business applies for a variance from Section 11.50, the variance request will bypass the Board of Zoning Appeals and will be heard directly by the Council. The reason the BZA is bypassed is that any decision regarding such a business will likely be relatively controversial in comparison to the typical variance request heard by the BZA. As such, it is better that the Council hears the request directly. In such cases, it is possible that the BZA may act as an advisory board to the Council, giving an opinion on the hardship. . . . The ordinances will take separate paths after an initial review. The ordinance adding Section 11.50 to the City Code will be heard at an informal public hearing by the Planning Commission at a later date, followed by a single consideration by the Council before being passed into law. The ordinance adding Section 6.48 to the City Code will receive two considerations before the Council before being passed into law. The City Attorney has reviewed both ordinances. Comments from the Attorney and staff have been considered during multiple meetings to design the best ordinance possible for the City. Potential Locations for Sexually Oriented Businesses . Map shows both full and partial parcels where sexually oriented businesses could locate. Such businesses may only be located in Industrial or Light Industrial districts, must remain a minimum of 500 feet from any nearby residential or institutional uses or certain conditional uses allowed within those districts, and must remain at least 500 feet from any other sexually oriented business. Sexually Oriented Businesses ~ Approved Locations ~ Industrial & Light Industrial C=:J Non-Industrial '} ~jiill. o 0.25 0.5 1 1 ;~iles - . Prepared by the City of Golden Valley Planning Department . . . . . ORDINANCE NO. 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding Section 11.50 "Sexually Oriented Businesses" The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, "Land Use Regulations" is amended by adding Section 11.50 "Sexually Oriented Businesses", to read as follows: Section 11.50. Sexually Oriented Businesses. Subdivision 1. Findings and Purpose. The to regulate the location of Accessory Sexually Orient Oriented Businesses to ensure the health, welfare and to prevent any negative effects on neighbo Accessory Sexually Oriented Sales and Sex Council bases its action on reports, includi State Attorney General entitled "Report 0 on the Regulation of Sexually Oriented Busi for and in the cities of Denver, Col Kan York, Rochester, New York, and N that: A. Sexually oriented surrounding them whic uses; and B. Residential theaters, books increased cri increased tr C. The surrounding are increases; and D. Among the es which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; and E. Many members of the public perceive areas within which sexually oriented businesses are located as less safe than other areas which do not have such uses; and F. The values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses; and G. The adverse impacts of sexually oriented businesses are exacerbated when the uses are located near each other; and I. There is a strong correlation between higher sex crime rates and the location of sexually oriented businesses. e an I pact on the neighborhoods impact caused by other commercial d within close proximity to adult sexually oriented businesses experience crimes in particular), lowered property values, ed stability of ownership; and ts which sexually oriented businesses have on s the distance from the sexually oriented business . The purpose of this ordinance therefore is to regulate the location of Accessory Sexually Oriented Sales and Sexually Oriented Businesses within the City based on information from the Comprehensive Land Use Plan Map and the Zoning Map of the City of Golden Valley. Subdivision 2. Definitions. For purposes of this Section, these terms shall be defined as follows: A. "Accessory Sexually Oriented Sales" - Sales accounting for less than five (5) percent of the floor area, up to a maximum of 100 square feet, of an otherwise permitted business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to t .. ublic) is devoted to materials or persons depicting, exposing, describing ssing or relating to Specified Sexual Activities or Specified Anatomic and is available for barter, rental, or sale. Accessory Sexually Orie all be regulated under the following conditions: 1. All such sales shall be for ff the business premises. m and prohibit access to tion, except for those sales layed with a completely e kept a minimum of five (5) . 2. All such sales shall be restn persons underage eighteen (18) b sical of print media, whereupon all such opaque cover except for the media's feet off the floor. 3. No suc which are used or desi Activities. 'nstruments, devices or paraphernalia ction with Specified Sexual B. "Sex . ess" - An inclusive term describing collectively the followin or service oriented businesses: 1. ainment provided by live entertainers characterized by an emphasis Anatomical Areas or Specified Sexual Activities, commonly known a ot limited to, an Adult Cabaret, Adult Entertainment Facility, Strip Club, S Girls, Adult Modeling Studio, or a Lingerie Studio. Such characteristics may be determined by advertising patterns or actual performances. 2. Adult motion picture theatres with capacity greater than 50 persons, emphasizing or predominately showing movies depicting Specified Anatomical Areas or Specified Sexual Activities as its regular and substantial course of conduct. . . . . 3. Adult media stores wherein six (6) percent or more of its gross public floor area or stock-in-trade consists of media including but not limited to magazines, books, DVDs, videotapes, movies, slides, or CD-ROMs that are characterized by their emphasis on Specified Sexual Activities or Specified Anatomical Areas. 4. Adult Video Arcades (Mini-Motion Picture Theater) that have capacity for 50 or fewer persons and emphasize or predominately show movies or clips depicting Specified Anatomical Areas or Specified Sexual Activities, often in semi-private viewing booths, as its regular and substantial course of conduct. 5. Sex Shops that are establishments offering goods for sale or rent and meet one of the following criteria: a. Sale of items from any two of the following categories: (1) Media characterized by emphasis on Specified Sex Activities or Specified Anatomical Areas, (2) lingerie, or (3) leather goods ed or presented in a context to suggest their use for flagellation or tort condition of being fettered, bound, or otherwise physically restrai b. More than five (5) perce public floor area consists of instruments, designed as representations of human ge designed or marketed primarily for use to sti C. "Specified Anatomical Are covered human genitals, pubic regio below a point immediately e t a discernibly turgid stat mpl mpletely and opaquely uttock, and female breast the ar ola; or Human male genitals in and opaquely covered. D. "Specified Se stimulation or ar sodomy, or fo buttock, or f an genitals in a state of sexual f human masturbation, sexual intercourse, 'c touching of human genitals, pubic region, Subdivisl shall hold a Licens se Required. All Sexually Oriented Businesses opening to the public, per Section 6.48 of City Code. Subdivision 4. Location. A. Accessory Sexually Oriented Sales. Accessory Sexually Oriented Sales shall be a permitted use in all Commercial Zoning Districts and no others. At no point shall such sales exceed five (5) percent or 100 square feet of gross public floor area, whichever is less, nor shall such sales exceed five (5) percent of a business' stock in trade. B. Sexually Oriented Businesses. Sexually Oriented Business shall be a permitted use in Industrial and Light Industrial Zoning Districts. All Sexually Oriented Businesses shall adhere to the following land use regulations: 1. No Sexually Oriented Business shall locate within 500 feet of another Sexually Oriented Business, as measured at the property line. . . . 2. No Sexually Oriented Business shall locate within 500 feet of any Residential Zoning District, as measured at the property line, nor shall a Sexually Oriented Business locate within 250 feet of any Residential Zoning District of any City adjoining Golden Valley, as measured at the property line. 3. No Sexually Oriented Business shall locate within 500 feet of any Institutional Zoning District, as measured at the property line, nor shall a Sexually Oriented Business locate within 250 feet of any Institutional Zoning District of any City adjoining Golden Valley, as measured at the property line. 4. No Sexually Oriented Business shall locate within 500 feet of any of the following Conditional Uses within the Industrial or Light Industrial Zoning District: a. Ball fields and other recreational b. On-site daycare facilities; c. Health, fitness and/or studio, gymnastic training, weight lifting st gymnasiums; d. Child Care Subdivision 5. chapter for Sexually Appeals and shall be a regular Counc' and Develop Council shall established fo City Code Sectio, e. Any variance requests under this all bypass the Board of Zoning unci!. Such requests shall be heard at 30 days of receipt by the Director of Planning Zoning Code Variance Application. The ds and procedures for the variance requests oning Appeals, in Subdivision 4, parts Band C of ectively. Section 2. City C Chapter 11 "Land Use Regulations" is amended by adding the following item to Subdivision 3 of Section 11.35 "Light Industrial Zoning District": K. Sexually Oriented Businesses. Section 3. City Code Chapter 11 "Land Use Regulations" is amended by adding the following item to Subdivision 3 of Section 11.36 "Industrial Zoning District": L. Sexually Oriented Businesses. Section 4. City Code Chapter 11 "Land Use Regulations" is amended by changing item D, Subdivision 5, of Section 11.35 "Light Industrial Zoning District" to read as follows: . . . D. Except as provided herein, retail commercial uses, such as shopping centers. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this ATTEST: day of ,2005. inda R. Loomis R. Loomis, Mayor /s/Donald G. Taylor Donald G. Taylor, City Clerk