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E-1 At:t:~chment 1 C] . ~~,.~~~„r., :~ ~.. COUSULTING PLANNERS LA^JDSCAPE ARCHITECTS 3(lU E[RST~ AVENUE NORTH SUITE ~I(1 MIPvNEAF'OllS, MN 5~-i01 67~ 3,39~:i:31)(1 MEMORANDUM DATE: 20 March 1991 TO: Honorable Chair and Members of the Falcon Heights Planning Commission FROM: Tim Malloy, Consulting Planner RE: Draft of possible conditions for Amusement Establishments We have been asked to establish a set of generic conditions to address the problems • typically associated with amusement establishments and games rooms in commercial cen±ers adjacent to residential areas. The intent is to amend Section 9-10.01 subd. 2 (p) and (q) to include those conditions that, in the interest of protecting the health, safety and welfare of the general public, can be applied to any amusement facility. Many of the conditions outlined in this memo are modifications of similar conditions. that were included in the Conditional Use Permit for J.J.'s Pool and Game Arcade. Important changes have been made to those conditions to increase their compliance with some of the basic legal principals governing land use regulations and to make them more generic so they can be applied to any amusement establishment. We have also tried to eliminate redundant conditions that are covered elsewhere in the ordinance. For example, there is a fairly lengthy list of conditions, which apply to all Conditional Use Permits, found in Section 9-15.04 Subd. 3(a) 1-13. These address such issues as screening, signage, adequate off-street parking, lighting trespass, architectural compatibility and others. We have made it clear that the specific conditions outlined for amusement establishments are additive, by including the condition that all other applicable provisions of the Falcon Heights City Ordinance must also be adhered to (see condition G in this memo). There are several things to consider when establishing zoning standards or conditions. The first is whether the regulation is within the scope of the police power, the authority for which is handed down from the State via the statutes. The principal concern with amusement establishments is generally the disruption of the peace and quiet of surrounding residential areas. This is particularly true in Falcon Heights where all of the areas zoned for Retail Business are located directly adjacent to residential • areas. It is entirely within the authority of zoning regulations to control the development and use of commercially zoned property to insure the reasonable peace and quiet of surrounding residentially zoned areas. Therefore, we have made this the topic of the first item in the list of proposed conditions.