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PCAgenda_94Feb28
PLANNING COMMISSION AGENDA . February 28, 1994 7 p.m. ROLL CALL: Kay Andrews _ Tom Brace _ Lee Barry _ Wendy Treadwell Paul Kuettel _ Lisa Lampi _ Ken Salzberg 1. CALL TO ORDER Because Lee Barry will not be able to attend, the meeting will be chaired by Ken Salzberg who is the next longest serving commissioner. 2. APPROVAL OF MINUTES January 24, 1994 3. CITY COUNCIL MINUTES 4. Request for a variance to Chapter 9-4.01 Subdivision 14) of fifteen feet three inches (15'-3") to the required thirty foot rear yard setback, and to Chapter 9-2.04 Subdivision 1(c) of two feet three inches (2'-3") to the required five foot side yard setback for 1775 Asbury Street. 5. A public hearing on a request for a conditional use permit for basement storage of approved items at 1533 to 1559 West Larpenteur Avenue, Bullseye Shopping Center [Chapter 9-10.01., Subdivision 2(b) of the zoning code) 6. Action on items related to the interim development moratorium including a public hearing on 1) proposed amendment to the 1991 Comprehensive Land Use Plan business section; 2) proposed amendments to the city's zoning code • 9-1.02 definitions section • 9-8.01,9.01 and 10.01 commercial districts related to purpose and intent statements, permitted, conditional and accessory uses and additional requirements 3) proposed amendments to the interim development moratorium 5- 5.01 findings and purpose, 5.02 applicability and 5.04 term 7. Schedulin a workshop for March 9, 1994 at 7:45 p.m. with the city 9 council 5. ADJOURN • MINUTES REGULAR PLANNING COMMISSION MEETING JANUARY 24, 1994 7 P.M. PRESENT ABSENT ALSO PRESENT Kay Andrews Tom Brace Susan Hoyt, Administrator Lee Barry Paul Kuettel Peter Bachman Wendy Treadwell Lisa Lampi Ken Salzberg Meeting was called to order at 7 p.m. by Lee Barry, Chair. Minutes of the November 22, 1993 meeting were approved as written. Welcome was extended to the new planning commissioner, Wendy . Treadwell. REQUEST FOR A VARIANCE IN CHAPTER 9 § 13.02 SUBD.2(e) IN THE REQUIRED TEN FOOT SETBACK FOR A SIGN FOR THE HORTICULTURAL SOCIETY AT 1755 PRIOR AVENUE. Administrator Hoyt briefly explained that the Minnesota State Horticultural Society has requested a variance in the front yard setback requirement in order to erect a permanent sign for their property located at 1755 Prior Avenue. According to the zoning code, a sign may be erected that is ten feet from the front property line as long as it meets the height and area requirements. Ms. Johnson, representing Don Holmquist, director of the Minnesota State Horticultural Society, requested that the sign be erected two feet from the eastside property line to allow it to remain visible from the street and not take up valuable parking space by having to place the sign in the parking lot. If granted the variance, the sign would be located in the grassy area in front of the parking lot halfway between the side lot lines. Hoyt said neighbors had been notified and none have responded. After some discussion on sign size, Commissioner Salzberg moved to recommend granting a variance of eight feet in the eastside property line with the proposed sign being no larger than stated in the original proposal of 16 square feet and complying with all other requirements of the code. . Seconded by Andrews and unanimously approved. PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A VETERINARY HOSPITAL AT 1546 W. LARPENTEUR IN A B-3 ZONE Administrator Hoyt said Dr. William E. Graham is proposing to operate a small elective surgery veterinary hospital (primarily spay and neuter services) at 1546 W. Larpenteur in the Northome Center. This requires a conditional use permit. A conditional use permit goes with the property, not the owner and must be approved by the planning commission and city council. She stated the proposed use is within an existing shopping center so will not generate excessive noise or traffic. Ample parking is available because of the low volume of customers per day combined with a quick turnover rate in parking. She said all property owners within 350 feet of the proposed business were notified by mail of the public hearing and a legal notice was published in the local paper. No calls or letters of complaint have been received. • Chair Lee Barry opened the public hearing at 7:20 p.m. Dr. Graham spoke briefly about the planned hospital. He said it would primarily be a spay/neuter hospital staffed with two to four employees. The hours would be 7:30 a.m. - 6 p.m. Monday through Friday and Saturday mornings from 8 a.m. to 12 noon. There should be no more than two to four (short term) client cars at the hospital at one time. He also said that because of the low number of animals and the routine use of pre-anesthetic tranquilizers, noise would be at a minimum and the kennel area would have soundproofing in the interior walls. A neighbor, Ms. Nancy Wickhem, spoke in favor of Dr. Graham being granted the conditional use permit saying that an animal hospital with lower cost elective surgery for animals is needed in this area. The public hearing closed at 7:27. Commissioner Salzberg moved to grant the conditional use permit with the following conditions attached: • 1. Operate a veterinary hospital with a maximum of four employees. 2. Adhere to all animal welfare laws in chapter 343 of the Minnesota A S state statutes. 3. Maintain a clean environment inside and outside the business with sanitary disposal of all wastes, cleaning up after clients on the walk and in the parking lot as necessary. 4. Keep the business within the building except for the coming and going of clientele. No outside cages, kennels, or exercising of animals. 5. Soundproof the kennel area and restrict sound to the business without affecting neighbor businesses. 6. Control odors in the kennel with exhaust fans. 7. Limit hospital stays to recovering animals with a maximum of eight pets to stay at one time -two large, three medium, and three small. (Most animals come and go on the same day as their surgery.) 8. Dispose of hazardous waste as regulated by the county and state. • Motion was seconded by Commissioner Treadwell and unanimously approved. DISCUSSION OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN, ZONING CODE, LICENSING REQUIREMENTS AND COMMERCIAL DEVELOPMENT MORATORIUM RELATED TO THE MORATORIUM USES. Administrator Hoyt walked the commissioners through all proposed amendments relating to the moratorium uses. After some discussion, it was determined to schedule a public hearing to be held February 28 and for the planning commission to meet with the city council for a workshop regarding the amendments on either March 14 or March 21. Meeting was adjourned at 8:55. Susan Hoyt, Administrator • Dee Swenson, Recording Secretary MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 9, 1994 Baldwin convened the meeting at 7:03 p.m. ALL MEMBERS PRESENT Baldwin, Hustad, Gehrz, Gibson Talbot and Jacobs. Also present were Bachman, Hoyt, Maurer and Phillips. MINUTES OF 1 /26/94 APPROVED AS CORRECTED Hustad suggested on Page 3, "Discussion of Possible Community and Neighbor-Based Play Groups" be changed to read "Discussion of Possible Community and Neighbor- based Indoor Playground". Hustad also corrected the spelling of Nan Knutsen from "o" to "e". Jacobs added that his name be noted on the list of absentees. Gibson Talbot noted a typo on page 2, first paragraph, where it should read 1993 rather than 1933. CONSENT ITEM C-5 DELETED FROM CONSENT AGENDA AND PLACED ON POLICY AGENDA Hustad requested Item C-5, Request for authorization to request proposals for the demolition and removal of 2061 W. Larpenteur Ave. be placed on the policy agenda. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General disbursements through 2/3/94, 554,989,83. b. Payroll, 1 /16/94 to 1 /31 /94, 511,742.52 2. Licenses: DeLange Dancers Studio, Inc., #3046, Hewlett Packard, #3047, Source Comics & Games, #3048, Do-It-Yourself Upholstery Supply, #3049, Action Disposal Systems/BFI, #3050. 3. Appointment of Nick Baumann to assistant fire chief. 4. Authorization for city administrator to sign contract 5. Scheduling a workshop with the planning commission to discuss the commission's recommendations on the city's commercial development S moratorium. • Page 2 Council Minutes 2/9/94 PRESENTATION OF RESOLUTION FROM ROSEVILLE INDEPENDENT SCHOOL DISTRICT #623 PETITIONING FOR PUBLIC IMPROVEMENTS TO BE SPECIALLY ASSESSED AT FALCON HEIGHTS ELEMENTARY SCHOOL LOCATED AT 1393 W. GARDEN AVENUE The resolution petitions the City of Falcon Heights for improvements to Falcon Heights Elementary School to be financed through a special assessment to the school district. John Thein, Assistant Superintendent of Roseville School District #623 and Mr. Hamilton, the architect involved in the elementary school remodeling project, gave a brief review of the planned improvements which include certain street improvements, storm sewer and parking improvements not to exceed 5250,000. These improvements would be constructed during the spring and summer of 1994 and the city would only be involved in the financial aspects of the project. Jacobs questioned the 6.1 percent interest rate and Hoyt explained this is the rate the city is currently receiving on its investments. This arrangement would be reviewed every six months to correspond to the city's rate of return on its investments and if the city's return is higher than 6.1 percent, the school district agrees to pay the higher rate. The arrangement seems to be beneficial to both parties and Hustad moved to • accept the resolution based on adopting an agreement that guarantees the city would not incur any costs or lose revenue on this special assessment. Motion carried unanimously. COOPERATIVE AGREEMENT FOR FINANCING AND CONSTRUCTION OF STREET AND RELATED IMPROVEMENTS BETWEEN THE CITY OF FALCON HEIGHTS AND THE ROSEVILLE INDEPENDENT SCHOOL DISTRICT #623 FOR IMPROVEMENTS AT FALCON HEIGHTS ELEMENTARY SCHOOL AT 1393 GARDEN AVE. The city has funds available to loan for financing these costs from its sanitary sewer fund for a five year period to cover the 5250,000. The agreement guarantees that the city will not incur any loss in interest revenue or out of pocket costs for this special assessment to the school district or reduce the ability for the city to carry out its capital projects. After brief discussion, Gehrz moved to authorize the city administrator to enter into this agreement with the school district and the motion carried unanimously. RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR SEALCOATING THE STREETS IN THE NORTHEAST QUADRANT AND HOLLYWOOD COURT Maurer explained that the city contracts to have one fourth of the streets sealcoated . as part of its maintenance program almost every year. Due to major street projects in 1991 and 1993, the city did not undertake this activity during the past few years. • Page 3 Council Minutes Feb. 9, 1994 Since there are no major construction projects this year, Maurer is recommending to proceed with the authorization of sealcoating the northeast quadrant and Hollywood Court this year. The city's 1994 general fund budgets 520,000 for this activity. Jacobs moved to adopt Resolution R-94-06 and motion carried unanimously. RESOLUTION R-94-06 A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1994 STREET SEALCOATING IMPROVEMENT UPDATE ON THE LARPENTEUR AVENUE RECONSTRUCTION PLANNING PROCESS Hoyt indicated that after a several month hiatus, the county recently began meeting with communities again on Larpenteur Avenue now that the project is nearly certain of federal Intermodal Surface Transportation Act (ISTEAI funding. Maurer presented the preliminary ideas on the plan emphasizing safety needs which include protected • turn lanes for left turns all along Larpenteur. Hustad inquired about sidewalks particularly from Arona to Hamline Ave. Jacobs questioned whether consideration has been given to mass transit. Gehrz also expressed interest in sidewalks on both sides of Larpenteur west of Snelling. After continuing brief discussion, council requested city administrator to contact the county encouraging them to streamline the process for planning and to give the project very high priority. In addition, the administrator is to explore the opportunity for the county to contract with the city to undertake the design phase of this project within Falcon Heights (Fulham St. to Hamline Ave.) RESOLUTION FOR THE NOM~U ETY DEVELOPMENT BLOCK GRANT FUNDS FS) APPLICATION FOR 1994 CO The NYFS is considering purchasing a building and requests the city's support for the 1994 CDBG application to Ramsey County. Staff is not recommending that the city apply for these funds in 199habme t bothlthelneed criter a of the block g ant nd carefully developing a project the community. Gibson Talbot moved to adopt R-94-07. Motion carried unanimously. RESOLUTION R-94-07 A RESOLUTION IN SUPPORT OF THE APPLICATION FOR A COMMUNITY . DEVELOPMENT BLOCK GRANT (CDBG) BY NORTHWEST YOUTH AND FAMILY SERVICES (NYFS) Page 4 Council Minutes Feb. 9, 1994 ADOPTION OF ORDINANCE CHANGING THE FEE SCHEDULE FOR RENTAL OF COMMUNITY PARK BUILDING Recommendation had been made by the Park and Recreation Commission to revise the Community Park building's rental fees and hours to better accommodate the users of the building and to make sure that the facilities can be checked and cleaned, if necessary, before new users rent the space. The proposed change in policy permits the Community Park building to be rented for one 6-hour shift or a portion of a shift. It eliminates a second shift. It permits a user to pay $5.00 per hour for any use over the basic six hour shift. Hustad moved adoption of 0-94-03 and motion carried unanimously. ORDINANCE 0-94-03 • AN ORDINANCE AMENDING SECTION 5-4.01, SUBDIVISION D (2.a.) OF THE CITY CODE RELATING TO PARK FACILITY FEES ADOPTION OF ORDINANCE REGARDING FACILITY USE BY MUNICIPAL OR PUBLIC SERVICE ORGANIZATIONS Council directed staff to amend the current ordinance governing the policy for groups that are not charged fees for use of city buildings. The purpose of the proposed changes in policy are to promote the growth of informal community and neighborhood gatherings. It is also designed to specifically encourage community based hobby clubs with different activities to reach out to a variety of ages, especially youths and to include a community service and/or benefit as part of their club activities. Gehrz moved to adopt 0-94-04 and motion carried unanimously. ORDINANCE 0-94-04 AN ORDINANCE AMENDING CHAPTER 5-4.01(E) OF THE CITY CODE REGARDING FACILITY USE BY MUNICIPAL OR PUBLIC SERVICE ORGANIZATIONS Page 5 Council Minutes Feb. 9, 1994 REQUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR THE DEMOLITION AND REMOVAL OF 2061 W. LARPENTEUR AVE. Hustad asked that he be briefed on the background of this request to which Hoyt responded that the city received a 1993 block grant for the acquisition of this blighted property and the relocation of the two tenants. The city will cover a portion of the acquisition cost and the total demolition cost. Jacobs moved to approve authorization to request proposals for the demolition. Motion carried unanimously. MEETING ADJOURNED AT 8:30 P.M. Patricia Phillips, Recording Secretary Tom Baldwin, Mayor • • MINUTES REGULAR CITY COUNCIL MEETING JANUARY 26, 1994 Baldwin convened the meeting at 7:00 p.m. MEMBERS PRESENT Baldwin, Gehrz and Hustad. Also present were Chenoweth and Hoyt. MEMBERS ABSENT (Gibson Talbot arrived later) Jacobs MINUTES OF 1/12/94 APPROVED Council approved the Minutes of January 12, 1994 by unanimous consent. GIBBON TALBOT ARRIVES Gibson Talbot arrived at 7:09 p.m. CONSENT AGENDA APPROVED . Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General disbursements through 1/12/94, $398,563.95 b. Payroll 1/01.94 - 1/15/94, $14,278.03 2. Licenses (see attached list) 3. Adoption of Resolution R-94-03 granting a variance to the Minnesota Historical Society, 1755 N. Prior, to install a sign two feet from the east property line APPROVAL OF CONDITIONAL USE FOR VETERINARY HOSPITAL AT 1546 LARPENTEUR Hoyt presented a conditional use request from William E. Graham, DVM, and property owner Halstad Wehmann. The purpose of the request was to permit the operation of a small veterinarian hospital at 1546 W. Larpenteur. Hoyt explained that following a public hearing held by the Planning Commission on January 24, . 1994, the commission unanimously approved the conditional use with conditions as listed. Baldwin read the conditions presented by the commission after which Hustad moved adoption of Resolution R-94-04. Motion carried unanimously. RESOLUTION R-94-04 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR OPERATION OF A VETERINARY HOSPITAL AT 1546 WEST LARPENTEUR IN A B-3 ZONE • MINUTES JANUARY 26, 1994 PAGE 2 TRANSFER OF FUNDS FROM TIF #1 CONSTRUCTION FUND TO LARPENTEUR AVE. CAPITAL FUND AND INFRASTRUCTURE CAPITAL FUND Hoyt explained the two 1993 capital projects (Larpenteur Ave. construction and 1993 street, pathway and utility improvements in the Grove neighborhood) that were planned for funding through the city's 1988 TIF budget were initally financed by the city's infrastructure fund. The proposed transfer will reimburse the infrastructure fund and allow closing out of the city's financial records for 1993. Gehrz moved adoption of Resolution R-94-05 which carried unanimously. RESOLUTION R-94-05 A RESOLUTION TRANSFERRING FUNDS FORESTER'S REPORT FOR 1993 Dr. Linda Treeful, City Forester, presented the annual tree program report for 1993 and responded to inquiries from Council. She also provided a progress report on the proposed Cleveland • Ave. median planting project. RECYCLING CONTRACT WITH E-Z RECYCLING TO BE EXTENDED Hoyt reviewed the proposal presented by E-Z Recycling, Inc, for possible extension of the present recycling contract. Hustad, council liaison to the Solid Waste Commission, explained that the commission had discussed the issue at the January 13th meeting. The Commission felt a contract should be negotiated for at least a two years, did not recommend adding a 5th Friday collection day, and requested the addition of at least one more material. Council thoroughly discussed the proposed price increase, the option of adding a 5th Friday collection and the advantages of extending the contract for two or three years. Following the discussion Hustad moved that the city contract with E-Z recycling for a three year period for 1st and 3rd Friday collection. Motion carried unanimously. Hoyt will ensure that the contract provides for review of E-Z's performance and termination of the contract if deemed necessary. DISCUSSION OF USE OF CITY FACILITIES Hoyt briefly summarized issues indicating it was necessary to reevaluate the present city facility use and fee procedures. Parks and Recreation Director Carol Kriegler presented possible models for expanding on methods to determine group or organization eligibility for free facility use. A thorough discussion ensued regarding establishment of critera for free MINUTES JANUARY 26, 1994 PAGE 3 use. City resident, John Treadwell, addressed whether or not it is appropriate to charge a fee for a political party caucus which is the present practice. Baldwin felt it was inappropriate to charge for this type of use which is ordained by statute. Based on the discussion, staff was directed to elaborate and more specifically define Item 5 in Model "C", and to add the following criteria: 1) outreach/community building component, and 2) cross generational relationship. A draft of the policy will be considered by council at the February 9, 1994 meeting. DISCUSSION OF POSSIBLE COMMUNITY AND NEIGHBOR-BASED INDOOR PLAYGROUND Hustad presented information on a possible program which would allow pre-school children and their parents to meet in groups for informal play and companionship. He suggested that Council and the Park and Rrecreation Commission consider the idea and provide some city support, such as use of city facilities, etc. City resident Nan Knutsen was in attendance, and as a mother of small children, spoke in favor of the concept, as it could • provide a means for adults and children to get out of the house and meet and connect with others. She requested that councilmembers read the articles provided in the agenda for information on programs implemented in other communities. Council recommended that the matter be introduced to the Parks and Recreation Commission for discussion. TWO WORKSHOPS SCHEDULED: 1) WITH LEGISLATORS, 2) WITH PLANNING COMMISSION Council scheduled the following tentative dates for workshops (depending upon availability of participants): 1. Workshop with Legislators, February 5, 9:00 a.m. 2. Workshop with Planning Commission sometime in February. ADJOURNMENT The meeting was adjourned at 9:10 p.m. ATT S i' 2 Shriley Che oweth, City Clerk /~~ Tom Baldwin, Mayor City of Falcon Heights Planning Commission Meeting date: 28 February 1994 Agenda item: 4 ITEM: Request for a variance to Chapter 9 -4.01 Subdivision (4) of fifteen feet three inches (15'-3")to the required thirty foot rear yard setback, and to Chapter 9-2.04 Subdivision 1(cl of two feet three inches (2'-3") to thee required five foot side yard setback for 1775 Asbury Street SUBMITTED BY: Theodore Wiger, property owner REVIEWED BY: Philip Carlson, AICP, City Planning Consultant INTRODUCTORY COMMENTS: About six weeks ago Mr. Wiger spoke to the city's building official about plans for an addition to his home. The building official asked him to bring in a site plan with the proposed location of the new garage and addition to his home to see how it conformed to the zoning code. Mr. Wiger did so in mid-February. After reviewing the site plan it became clear that Mr. Wiger needed a variance in the sideyard for his proposed garage and in his rearyard for the addition to his home. Mr. Wiger's lot is 96 feet wide and 75 feet deep with a total square footage of 7,545 square feet. The area of the lot is not unusual for Falcon Heights residential lots. However, the lot is narrower than many lots, which are often 120 or more feet deep. Therefore, a variance in the thirty foot rearyard setback is required for the proposed construction. Neighboring property owners ~8!>ISi`~ll(~~it~ Dr. and Mrs. Olsen, the ro ert owners at 1780 North .. ... ...:::::::: ~ ::::::::::::::::: P P Y .::::::...::::::.:::.....:::::::::::::... Snelling Drive, to the west and rear of the Wiger home on Asbury, expressed an understanding of why a larger home would be desirable for the Wiger family. However, they have two concerns about how it would affect their property. They fear that the two story addition will be slightly over fourteen feet from their property line and will infringe on their privacy in their rear yard, which is not very large. They stated that they cannot use their sideyard because it is very noisy from the traffic along Snelling Avenue. They are concerned about the resale value of their home with a structure 14 feet from their rear lot line. ~k~`''~>'t The ro ert owner ex ressed su ort for the im rovement to ::::.::................. .................:::::::::#:~:.:::::.:::::::.::::: P P Y P P P P the property because she fears that property will not be improved and may deteriorate if it isn't upgraded. `~ '' °> " '" .`i~"11">:: : r`,; >: This r r i ' ;'#.~:::.~~.:<..~a....:: 6.::.r~~;;~,;;'~~ pope ty s not contiguous to Mr. Wiger s property. It is to~ the southwest of the Wiger property. Mr. Zappa said that the variance request does not affect him and, therefore, he has no objection to it. He supports improvements to the homes in the neighborhood. OF/23/94 17:22 '$`B1F 337 5Bp1 DSU, INC. ~ Ob2fp05 i• Planning Commiss~n Date: 2/28!94 Agenda Item: ITEM: Request for variances to §9-4.0'i Subd. 4(c) of fifteen feet three inches ('{ 5'~") to the required thirty-foot rear yard setback, and to ~"9-2.a4 Subd. 1 {C) of two fast thr~ inches {2'-3"} to the ret,~ired five-foot side yard setback for 1?~5 Asbury Street. SUBMITTEC7 BY: Theodore Wiper, property owner REVIEWED BY: Philp Carlson, AICP, City Planning Consultant EJCP~ANATICINIQEBG RIFTICIN Mr. Wiper is requesting variances to the rear yard s,Ptbacic and Side yard setback in order to construct atwo-story action to the house and a new two-stcary doubts garage, The addition and game are shown an the attached sitr. plan sketches. There era two separate variance requests, although they are part of one integrated building project. They will tie discussed together in this report, but thr.re are two Separate staff recommendations, and the Planning Commission should make separafie recommendations on tha two nests. The r+car yard settaa~dc variance is requested in order to aacornmodate expansion plans for the kitchen, living room, dining roam, and upstairs bedrooms. The 2licent hatieves it is nr~asssary to extend west, encroaching Qn the rear yard, instead of south into the available lot area on the south side Of th® house. The side yard setback variance is requested to aeaommodate a new 22-foot wide garage, repkicng ttie existing 18-foot wide garage, which is in poor shape and too nan'ow by Yoday's standards. Siff AnallySls: ~ The Wiper lot is below the minimum size requirernerrt for the R-1 District. The lot is 79'x96', or about 7,545 square feet in size; the ordin2~n+ce minimum is 10,dOQ square feet. The width is adequate, but the depth is Less than typical or desirable. The ordinance states, in §9-2.03, that su#r a nc~n-conforming lot may not be "more intensively develope+d". Many of the lots on the ialoCk between Asbury and North Snellir~ i?rive are of similar dimensions as the Wiper lot. • Even though the existing lot and house are non-conformir~ as to area, they are informing in their uSB, and the ord'irtanCe standards in §9-2.02, 5ubci. 8~b) and 9(a} aPp1~1 These standards allow afterations, additions, or enlargemerrt of non-conforming uses as Iong as all ttthsr standards (inchding settradss) are adhered to. The proposed project does not meet this test, cnkae i~th the house end garage nod settaack variances. ~~~ ~~ 'x"012 ~3? 5501 DSII, INC. C~j 003005 Wlgvrlllarian~ces 2~$/~4 2 . • The existing house is only $hghtiy non-conforming with respect to the front and rear setbacks, both of wfiirtt are s~-out 28 fast now, compared to 30 feet r~aquired bar ordinance. Many of the homes an the block between Asbury and Snelling are in the Sarre sihaation and have front and rear setbacks slightly less than the 30 feet required, but ap appear to be at least 25 feot. Mane are as small as the 1 ~.`-7" setback guested by the applicanrts hers. The nearby corner houses on Garden Street face perpendicular to the side streets and are sepgrated by about 14 feet. But this is a side yard condition, not a rear yard. ! The existing detached game conforms to the re~treci setbacks. it is set balk 1;'-9' and l~'-7" from the side and roar yards respectively. The required setback for bath situ and rear is 5 feet. The "rear 21]96" rule from §9-x.04 Surd. i tc},which v~uld allow a 1 foot setback, does not apply here. It only apples if there is an alley at the rear of the lot. e The Proposed project wi{I result in the following: 1 } The rear setback for the house wtlE be reduced from 28'-7" dawn to 14'-7", requiring a substarrtial variance from the mired 30 fEet. The proposed ition iS tv~ stories till, which mak8s the situation even moria intrusive. 2) The side setback for the new garage will be reduced from 6'-9" to 2'-9", also requiring a variance, but a small one, from the required 5 fee#. 3} The rear 5etbadk for the new garage wiM be reduced from 8'-~' to 5"-7" - na variance needed 4} The front setback for the house wiN rx~t change - na variance needed. • Many of the its on this bNock are of similar size to the Wiger lot and face the same constraunts: adequate width, but less than adequate depth or area. Some lots in the area have be+1~n taomt~ined or rsearranged to malke larger lots, inclut'~ng the neighboring let at 1789 Asbury. Even on the smaNer lots, the homes and garages in the immediate vic~riity appearto follow a common pattern: homes set back almost 30 feet bath front anti rear, garages set balk a feet side end rem: • Even though the Wiger lo# is small, there is room to expand an the south side of ths- house without needing s subs~antistl variances. The applicants have chosen inste2tid to expand ~ the wart, into the rear yard. While the existing house may pose some difficu~ies in expanding to the south, this has to be weighed against the public interest in s+ncraaGhing into the setback areas. The rear yards on this bkadc are aikeady shallow and the houses seem very close to one another. To allow an enoraachmerrt other than a garage woutti break the pattern tha# exists in these rear yards, and set a negative precedent. p2~'23~9d 17:23 '612 337 5Bp1 DSrJ, INC. f~jpp4Jpp5 ilH~i~8r~11~1'~3110eS ~ ~ • ~ Although same any residents hags inked they do not object to the project end enc~oura~ property improvemerrts, there have laean objactians raised by same neibghbors over the encroachment into the rear y2~td, espeaatly since the yards are tight now, and the pxo~sed addition and garage are nth two stories felt. Conclusion The criteria for considering variance.sin §g-f5.Q3 Surd. 4 include consideration ©f the effect an property values and whether th®re is a hardship with the tat in question because it Is substantially different fmm other properties in the same zt~ning distrirt. In our opinion, the signiftcant encxoachm~nt on the near yard wauki h2tva a negati~-e effect on surroundiing properties, and we find that there are neighboring lots of similar size and shape which hetvrer not encroached on the rear yards. The rear yard variance request is dine to de+oisions by the owner and not to something inherent in the property, Also, the dppiicant needs ttt demonstrate that he cannot meet the orcnance standard without causing a hardship. It has riot been shown that expanding the house to the sfluth (where n4 variance would be needed) would cnaate a hardship. The rear yard variance, #herefore, is not justified. If expansion to the south is considered, therr3 is as rrnl~ch lot area available on the side as there is lot the proposed a~'itian #v the riser. In other words, there would be rrv penalty in squar~a footage for choosing to go south instead of west. The attached sketch, Available LotAnsa, shows that the proposed adc~n covers about 546 square feet of Ivt, wher+sas . the available lot area to the south within the setbacks is almost 6Q0 square fesrt. There is also adr#tional lot area widrin the setbacks to the nt~rth of the existing house -about 1513 share feet -that Gould be used as well. The ~pGcant says he has oonsider+ed thes® options, tx~t we ~ nvt convinced that a design professional has exhausted all the possibilities. In our experience, the difficulties cited by the appllc~nt can usually be overcome by en experienced designer. The side yard v2rriantx~ request far the garage is necessary to avoid a hardship, we beG®v®, because atwo-car garage of adequate width anti depth can be cvnsader8d a new in today's world. The 8ffect an the side yard is less than the effict an the existing house if the new garage ware to be located further south towark! the house. The side y~,~d vararrce, therefore, is justif'rac1. ATTACHNIERITS: A -Location Map B -Property Owner's Statement C -Site Plan D -Available t_ot Area 02/2394 17:24 'x'612 337 5681 Wigerlvarlances 2l~Bfg4 Staff l~cattrrtendatiot't and Acti~-n ii~eque~ted: The Planning Commission has several options: 4 f~ Q05/U05 1) Approve both the rear and side setback variances ats ret~uQSted by the appficarrt. 2) teeny both va~risnce requests. 3) Approve the side setback variance for the garage, and deny the rear setbaclt variance forthe addition. 4) t..cmtinaue the item to the i4larch meeting to allow the a~lit~rrt time to d®velnp and rune aRemative plans th~1t would need little or no variance, and to continue discussions with City Staffi We recommend the fourth option and urge tl~ applicant to work with design professionals who can advise him on the feasibility of expansion plans that would make use of the sivailataie lot area to the south and north of the existing house, wt~re a substantial variance would not be necessary. r1 LJ DSII, INC. • QPfis~s~ i1:~z ~~i2 ~~~ ~~ni s- ~M Yrr ____~_____~ f • U +~ I 1 ~ ~ • : ~ a DSU, INC. 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City of Falcon Heights Planning Commission Meeting date: 28 February 1994 Agenda item: 5 ITEM: A public hearing on a request for a conditional use permit for basement storage of approved items at 1533 to 1559 West Larpenteur Avenue, Bullseye Shopping Center [Chapter 9 - 10.01, Subdivision 2 (b) of the zoning code) SUBMITTED BY: Mr. Robert Boyson, Property Manager (on behalf of the property owner American Family Insurance Group, Madison, Wisconsin) REVIEWED BY: Susan Hoyt, City Administrator Terry Iverson, Fire Marshal Clem Kurhajetz, Fire Chief EXPLANATION/DESCRIPTION: Facilities. Unlike most one-story retail shopping centers built in the 1980's that were constructed on concrete slabs, the Bullseye Shopping Center has approximately 14,800 square feet of finished basement space. The space is difficult to lease because it is not at street level for commercial retail activities. The space far exceeds the amount of storage that the typical retail tenants in Bullseye require. Therefore, in order to bring in some revenue from this vacant space that is sprinklered and has elevator access, the property manager is requesting that the area be leased for storage of materials that will not create a fire hazard in the building. Neighboring~roperty owners As required in the conditional use permit process, property owners within 350 feet of the premises were notified of the request for a conditional use permit for storage in the Bullseye Center. As of this writing no neighboring property owners_contacted the city with their comments or concerns regarding this request. Staff review and report The staff is familiar with the financial constraints created by the empty basement area. Staff is also familiar with the age, condition and layout of the basement. After discussing this proposal, the staff finds that the proposed use for low hazard storage materials is reasonable. This is because the basement is built to the fire code standards of the early 1980's, is sprinklered, has • two exits, has elevator access and is open. The fire marshal annually inspects this facility for its compliance to the Uniform Fire Code. • The staff recommends granting the conditional use permit with the following proposed conditions: Proposed conditions for basement storage at 1533 to 1557. West Larpenteur Avenue Bullseye Center 1. That the shopping center continue to be in compliance with the current Minnesota Uniform Fire Code as it applies to structures of this age and construction including maintenance of sprinkler systems, storage of materials, access and other items identified in the fire code. 2. That loading and unloading of storage materials be done in timely manner to minimize any obstructions in the alley. This loading and unloading should be between 8 AM and 8 PM on Mondays through Fridays and 9 AM to 4 PM on Saturdays to minimize disruptions to neighboring property owners. 3. That all storage items be a light ordinary hazard class and shall not contain mixtures of other hazardous classes, specifically not including items gasoline, oil, batteries, tires and gasoline fired engines and other items considered hazardous by the fire marshal. . 4. That no smoking signs be installed and visible in the storage area. 5. That no storage shall a. be over six feet high or within eighteen inches of a fire sprinkler head b. be within thirty inches of mechanical and electrical flame sources c. reduce the access aisle from 44 inches to make it easy for fire personnel to move about in the space 6. That any stored items not specifically identified in the light hazard class be reviewed by the fire marshal and approved by the city administrator. 7. That an evacuation plan with proposed storage areas be submitted to the fire marshal for review and approved by the city administrator. APPROVAL OF CONDITIONAL USE PERMITS: The city council must approve a conditional use permit requested by a property owner if the property owner demonstrates that the conditions for granting the permit can be met. ATTACHMENTS: • 1 -Letter and site plan from the property mans er 9 • ACTION REQUESTED: 1. Staff report on the request 2. Hold public hearing 3. Discuss the proposed conditional use permit 4. Recommend approval to the city council • • THE PRISM COMPANIES December 29, 1993 Mr. Paul M. Colton City Planner City of Falcon Heights 2077 W. Larpenteur Ave. Falcon Heights, MN 55113-5594 RE: Bullseye Plaza Dear Mr. Colton: ~1~1~~~ C C .Ci .~ In response to your letter of November 16, 1993, and your requests regarding our request for a conditional use permit, please find enclosed a site plan. On the site plan I have indicated the following: - Ingress and egress locations by "A"; - Loading and unloading will occur at loading dock "B"; - Within the loading dock area is an elevator serving the basement storage area; - The entire basement area is potential storage area; - It is anticipated that goods stored will typically be items such as computers, document files, and other small hardware. - The basement is fully sprinklered • Please let me know if you need additional information. Sincerely, `~~ Robert F. Boysen~ Prism Management, Inc. Property Manager 4918 Lincoln Drive Edina. Minnesota 55436 Fax (61 ~ 935-0558 Number or Intemaliond CouncN of s-wppx,p Centers Prism Real Estate, Inc. Prism Management, Inc. Priun Equity Services, ~c. Prism Computer SeMces, Inc. 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City of Falcon Heights Planning Commission Meeting date: 28 February 1994 Agenda item: 6 ITEM: Action on items related to the interim development moratorium including a public hearing on 1) proposed amendment to the 1991 Comprehensive Land Use Plan business section; 2) proposed amendments to the city's zoning code • 9 - 1.02 definitions section • 9 - 8.01, 9.01 and 10.01 commercial districts related to purpose and intent statements, permitted, conditional and accessory uses and additional requirements 3) proposed amendments to the interim development moratorium • 5-5.01 findings and purpose,5.02 applicability and 5.04 term SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Peter Bachman, City Attorney EXPLANATION/DESCRIPTION: Over the past several months the planning commission discussed and reviewed information related to a number of land uses included in the city's interim development moratorium that was adopted in March, 1993. At the January 25, 1994 meeting, the planning commission reviewed the proposed changes in the comprehensive plan and city code that address these uses in the interim development moratorium. The commission directed the staff to clarify some of the language in the proposed changes and to bring them back for the commission's consideration, public hearings (where required) and action at the February 28, 1994 meeting. Staff recommends addressing these proposed changes as a package. The commission may want to go through the entire package and hold the public hearing on all proposed changes at one time. • ATTACHMENTS: 1 - Proposed resolution from the Planning Commission to the City Council of Falcon Heights recommending changes in the comprehensive plan and the city code (on yellow) 2 - Summary of proposed changes dated 15 January 1994 3 - Proposed changes in text ACTION REQUESTED: 1. Staff and commission review of the status of proposed amendments to the comprehensive plan and the city code 2. Hold public hearing on the proposed amendment to the comprehensive plan, amendments to the zoning code and amendments to the interim development moratorium (all noticed in paper). 3. Discuss recommendations to the City Council 4. Revise, as needed, and adopt a resolution with recommendations to the city council related to the city's interim development moratorium 4. Adopt a resolution related to the negative secondary impacts from adult uses. 5. Adopt a resolution related to the negative secondary impacts from pawn shops and secondhand good stores that are not included in the proposed definition in the zoning code. 6. Amend the following sections of the city code relating to the interim development moratorium: Chapter 5 - 5.01 (B) Findings and purpose. - 5.02 (A) Restrictions (B) Applicability - 5.04 Term Adopted by the Planning Commission on • C~ City of Falcon Heights Planning Commission ATTACHMENT 1 PROPOSED RESOLUTION RELATED TO THE CITY'S INTERIM DEVELOPMENT MORATORIUM Whereas, over the past three years the Planning Commission of the City of Falcon Heights reviewed and recommended revisions to the city council in the city's comprehensive land use plan and the commercial district zoning code; Whereas, over the past twelve months the Planning Commission of the City of Falcon Heights again reviewed the city's commercial districts' characteristics, purpose and their relationship to the city's residential neighborhoods. It also studied potential secondary impacts from some uses and the city's commercial districts' relationship to regional commercial service areas; Now therefore be it resolved by the Planning Commission of the City of Falcon Heights, that it recommends the following actions to the City Council of the City of Falcon Heights to protect the health, safety and welfare of its citizens 1. Adopt a resolution amending a portion of the city's 1991 Comprehensive Land Use Plan relating to commercial and business areas pending approval by the Metropolitan Council. 2. Amend the following sections of the city's zoning code: Chapter 9 - 1.02, Subdivision 2. Definitions. Chapter 9 - 8.01 (B - 1), 9.01 (B - 2) and 10.01( B-3) purpose and intent statements, permitted, conditional and accessory uses, and additional requirements. 3. Amend the following sections of the city code to adopt the following licensing requirements and associated fees: Chapter 5 - 1.03 (E) Therapeutic Massage Enterprises. (F) Precious Metal Dealers (one license) Chapter 5 - 4.01 Fees Precious Metal Dealer Investigation fee: 51,500 License: 52,600 Therapeutic Massage Enterprise Investigation fee: 5200 License: 5 100 • Attachment 2 SUMMARY OF PROPOSED CHANGES RELATED TO THE COMMERCIAL DEVELOPMENT MORATORIUM 15 January 1994 1 • Pro osed revisions to the comprehensive plan related to the Snellino/Laroenteur Commercial Core • Clarify that the district intends to serve community only • Note limited amount of commercial space in city (1.8% of total land area) • Note proximity of businesses to residential uses (All businesses are within 250 feet of homes and some businesses are within 50 feet of homes.) • Note availability of uses that serve a larger consumer area in the neighboring cities of Roseville, St. Paul and Minneapolis • 2. Proposed zoning code amendments a. Amend the definitions section to include: • Adult uses (and related terms) • Financial institutions • Pawn shop • Philatelic (stamp) store • Precious metal dealer (and related terms) • Second hand goods store • Therapeutic massage (and related terms) b• Amend the B - 3 district by changing the name of the Snelling/Larpenteur Business District to become the Snelling and Larpenteur Community Business District 1 • c• Amend the B -1, B - 2 and B - 3 purpose statements • include limiting and controlling uses to serve the community and maintain the quality of the nearby residential neighborhoods d• Amend the B - 1, B - 2 and B -3 permitted uses, conditonal uses and accessory uses • B-1 Permitted: - coin and philatelic (stamp) store Conditional: - second hand goods store (according to new definition) Accessory: - limited sale of used merchandise (e.g. trade-ins) • B-2 Permitted: - added hours of operation to financial institutions • B-3 Permitted: - bowling alley - coin and philatelic store - therapeutic massage - remove general merchandise stores (too general - captured elsewhere) - added hours of operation to financial institutions - Option -precious metal dealer without pawning and with precious metal dealer license and fees to cover security conditonal: - second hand goods store (according to definition) (currently grandfathers in the computer store) Accessory: 2 . - One pool table pr 2,000 square feet of bowling alley not taken up by lanes and 1 video/automatic game pr 300 square feet of bowling alley not taken up by lanes - limited sale of used merchandise (e.g. trade-ins) e. Additional requirements in B-1, B-2 and B-3 commercial districts: • No bars on doors or windows during business hours • No automatic interior or exterior security lock doors that require requesting exit or entrance during business hours • No exterior storage of merchandise except for landscape materials associated with a nursery business • No exterior storage of merchandise except for three days twice a year as a sidewalk sale except for landscape materials associated with a nursery business 3. Proposed licenses to accompany business uses• • • Therapeutic massage license • Precious metal dealer license (51,500 investigation fee; 52,600 annual license fee; no lending or pawning) 4. Report on the secondary impacts on adult uses and proposed findings related to secondary impacts of adult uses 5. Report on secondary impacts of pawn shops and high impact secondhand goods stores 6. Proposed amendment to the commercial development moratorium including the removal of the following uses from the moratorium• • adult uses • check cashing facilities • pawn shops 3 • personal service establishments including therapeutic massage . • precious metal dealers • secondhand goods stores • pool halls and automatic/video games arcades Extension of the moratorium on: • stores that sell firearms and ammunition (Staff is continuing to study this use. C • 4 28 FEBRUARY 1994 • Attachment 3 1 • COMPREHENSIVE PLANEELEMENT:ES TO: Commercial and Business Areas 2• ZONING CODE a. Definitions b. B-1,B-2,B-3 3• LICENSING a. Therapeutic massage enterprise license b• Precious metal dealer license 4• FEES a• Therapeutic massage enterprise investigation fee; license fee • b. Precious metal dealer investigation fee; license fee 5• REPORT ON THE SECONDARY IMPACTS OF ADULT USES AND PROPOSED FINDINGS RELATED TO ADULT USES s• REPORT ON THE SECONDARY IMPACTS OF PAWN SHOPS AND SECONDHAND GOODS STORES NOT DEFINED IN THE PROPOSED AMENDMENTS TO THE ZONING CODE 7. AMENDMENTS TO THE COMMERCIAL DEVELOPMENT MORATORIUM a• Remove adult uses, check cashing facility, pawn shop, personal service establishments including trerapeutic massage, precious metal dealer, second hand goods store and pool hall and vido game arcade from the moratorium. b• Extend the moratorium on stores that sell firearms and ammunition due to additional research about the applicability of zoning to this use. 1. COMP EH ENSiVE PLAN ELEMENT; COMMER AL AND BUSFNESS AREA • • COMMERCIAL AREAS/BUSINESSES (Page 26 of the Comprehensive Plan) Plan Elements Based on the lack of a vacant land resource and the adequacy of commercial services in the general market area, the City of Falcon Heights does not intend to create additional commercial areas. Instead, it intends to improve and redevelop existing commercial business areas, particularly the Snelling/Larpenteur Commercial Core, in a manner that is in keeping with competitive contemporary retail/service standards of design and quality for a community oriented business district while minimizing impacts on ad' acen t resi denti 1 r a a eas. J ~....I,~ al~fl 't~~....1~~P.n'1" n'~ #-.hF?... rc'~ ~r~ t-n, The Land Use Plan establishes three categories of commercial/business use including the Snelling/Larpenteur Commercial Core, Neighborhood Convenience and Limited Business as follows: Snelling/Larpenteur Commercial Core This embraces all four quadrants of the intersection of Larpenteur and Snelling Avenues where it is the intent of the City to see the core improved as the community's only major commercial/shopping center. It is intended that the core maintain its mixed use character, that it • be substantially upgraded and redeveloped, as appropriate, to An exception may include the expansion of the Prior Avenue Limited Business area westerly to Cleveland Avenue should the University choose to divest itself of these agricultural lands. This would provide for an additional 20 acres of limited commercial development. c' 1 viabilit im rov s commer is e it :::::.: P:::::::.: ~ :::.:.................... y ->->:>: »»<a ~ca€ctr~.un.a, t y red a. x. ~ a~e.a a.~~. ~~~ while meeting standards of-~~-design that--~-are--~~~~ consistent--with the City's goals. It is the intent of the City ~i~~~e-ems-mot =~'-~-~ ....:,;:.. that the core provide ~=o~ __-~d~~~~~~~~3 ~~~~~~a;~E::.;~::r 1t is turther intended that each ~.:. ind~ividual~~`~~qua~d.rant~~ -of the core be planned and developed as an integrated unit or cluster of shops and businesses that are capable of functioning as a unit and sharing parking to the maximum degree possible. Activities and improvements that will be considered for the Snelling/Larpenteur Commercial Core include: • Redevelopment of the southeast quadrant for mixed use. • Storefront and sign improvements for the northwest quadrant. • Establishment of sign and design guidelines for improvements throughout the Core. • Placement of electrical and telephone utilities underground. • • Planning and implementation of parking, circulation, lighting and landscaping improvements. ~, .CHAPTER 9 - 1 A2 2 A. ZONING COt3E DEFtNiT10NS ~! I - 2. Accessor Use A use incidental or subordinate to the principal use of the same land. • • 3. Administrator. The Zoning Administrator of the City of Falcon Heights. - ~ ~ `~. Acrriculture See Farm definition. ~ ~. Agricultural Buildincr A structure on agricultural ~~and as defined in "Farm/Rural" of this Section designed, constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products. ~ '`~. Alley. Public right-of-way giving secondary access ~to abutting property. ~ '. Amusement Establishment: Any building, area, or place whose principal purpose is providing entertainment derived from the operation of amusement devices. 9. Amusement Devices: Any game of skill or chance requiring the payment of money to play or operate. 10. Animals Domestic Pets. Dogs, cats, birds, and similar animals commonly kept in a residence. Animals considered wild, exotic or non-domestic, such as bears, lions, wolves, ocelots, and similar animals shall not be considered domestic pets. 11. Animals, Farm Cattle, hogs, horses, bees, sheep, • goats, chickens and other animals commonly kept for commercial food producing purposes. 12. Animal Unit. A unit of measure used to compare differences in the production of animal wastes which has a standard as the amount of waste produced on a regular basis by a slaughter steer or heifer. 13. Apartment A room or suite of rooms with cooking facilities designed to be occupied as a residence by a single family. 14. Area, Net Developable Those lands within a development parcel remaining after the deletion of flood plains, wetlands, slopes greater than twelve percent (120), and unbuildable easements or right-of-ways. 15. Attorney The City Attorney of Falcon Heights. 16. Automobile Service Station - Gas Station (Service Station) A place where any motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing, oiling or sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and 5 rock, or any similar material is deposited, placed, pushed, or transported and shall include the conditions resulting therefrom. • 66. Final Plat. A drawing or map of an approved subdivision, meeting all requirements of the Subdivision Ordinance, and in such form as required by the community for purposes of recording. 69. Floor Area Gross The sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included unless such area constitutes a story. 70. Floor Area Ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. • 71. Floor Plan-General. A graphic representation of the anticipated use of the floor area within a building or structure. 72. Foo_ tina. Foundation below frost line as prescribed by the Building Code. 73. Frontage. That boundary of a lot which abuts a public street or private road. 74. Garage-Private A detached one story accessory building or portion of the principal building, including a carport, which is used primarily for the storing of passenger vehicles, trailers, recreational vehicles or farm trucks. 75. Garage-Public A building or portion of a building, where vehicles are kept for remuneration or hire and in which any sale of gasoline, oil, and accessories is only incidental to the principal use. 76. Governing Body City Council of the City of Falcon Heights. 77. Home Occupation Any gainful occupation or . profession engaged in by the occupant only of a dwelling and carried on within a dwelling unit and not in any accessory building. 11 68. Floor Area. A gross area of the main floor of a residential building measured in square feet and not including an attached garage, breezeway, or similar attachment. and materials, provided such use will not involve the risk of offensive odors, glare, smoke, dust, noise, vibrations, or other pollution extending beyond the lot on which the use is located. Such uses include, but • are not limited. to the following: lumber yard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractor shops and storage yard, food and non-alcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts. 103. Manure. Any solid or liquid containing animal excreta. • ~' Medical Uses. Those uses concerned with the c~.agnosis, treatment, and care of human beings. These include: hospitals, dental services, medical services or clinic, nursing or convalescent home, orphan's home, rest home, and sanitarium. ~f#'_ Mobile Home. A single family detached dwelling unit designed for year-round occupancy, constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. "Mobile Home" shall not include "Trailer" (Recreational Vehicle) as herein defined, nor shall it include modular or pre-fabricated dwelling units which meet or exceed the requirements of the Minnesota Building Code. '' Mobile Home Park Any site or tract of land designed, maintained or intended for the placement of two (2) or more occupied mobile homes. Mobile home park shall include any building, structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park. ~~'< Modular or Prefabricated Home A non-mobile dwelling unit for year-round occupancy constructed or fabricated at a control factory and transported to a building site where final installations are made • permanently affixing the dwelling unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of 15 Measured Distances The nearest foot . If a fraction is one-half foot or less, the "integral foot" next below shall be taken. ~?~~ Non Conforming Use or Lot Any legal use or lot already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become • established under the terms of the official controls as now written. fix' Nursery-Landscape A business growing and selling trees flowering and decorative plants, and shrubs which may be conducted within a building or without (commercial production). 1~'_ Nursing Home. A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home hall be licensed by the State of Minnesota as provided by law. • ~~_ Official Control. Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of a municipality or a county, or .any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the comprehensive municipal plan. Such official controls may include, but are not limited to ordinances or the Code establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps. ~x Official Map . A map adopted in accordance with the~~~provisions of Minn. Stat. 394.361 (1983) . ............... ............... ~1° Office Uses. Those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. Including, but not limited to banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting, and similar uses. ~2. Open Sales Lots Lands devoted to the display of goods for sale, rent, lease, or trade, where such goods • are not enclosed within a building. ~`~ Open Storage . Storage of any material outside of 16 ~x Nursery-Dav. A use where care is provided for three (3) or more children under kindergarten age for periods of four (4) hours or more per day for pay. a building. ~~ Owner . ~a~~~property as . encumbrancer, 'x~ Parking permanently m; either within size to store Includes all persons with an interest in fee simple owner, life estate holder, or otherwise S.~ce. A suitably surfaced and ~intained area on privately owned property or outside of a building of sufficient one (1) standard automobile. ............... ~~? Performance Standards. The minimum development ~st~aridards as adopted by the governing body and on file in the office of the Zoning Administrator. ~? Person. Any person, corporation, partnerships, • or~association of any type including governmental agencies and political entities. 3z~Fr 134. Principal Structure or Use One which determines the predominant use as contrasted to accessory use or structure. • 135. Protective or Restrictive Covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of 17 Pedestrian Way. A public or private right of way across or within a block or tract, to be used by pedestrians. ~! Plannin Commission. The duly appointed Planning Commission of the City. • 147. Setback Yard. The minimum horizontal distance between a structure and street right of way, lot line, or other reference point as provided by Ordinance. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure. 152. Sign. A display, illustration, structure, or device which directs attention to an object, produce, place, activity, person, institution, organization, or business. a) Sian, Advertising. A sign that directs attention to a business or profession or to a commodity, service,or entertainment not sold or offered upon the premises, where such sign is located or to which it is attached. b) Sign Area. The entire area within continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not 19 timbers); used in combination or singularly, as to block direct visual access to an object throughout the year. Approval by the City Council of all site and construction plans prior to development of construction or installation of any screening is required. 151. Shopping Center. Any grouping of two (2) or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership. • CJ • building development, or for tax assessment purposes. The term includes re-subdivision and where it is appropriate to the context, relates to either the process of subdividing, or to the land subdivided, or to the development for which it is being subdivided. 156. Substandard Structure. Any building or structure lawfully existing on the effective date of this code or any amendment thereto which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this code or such amendment. 157. Supper Club. A building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than fifty (50) guests at one time. Intoxicating liquors may be sold on sale and live entertainment and/or dancing shall be permitted. 158. Swimming Pool. Any enclosure in ground or above ground on private property having a water surface area exceeding 100 square feet and a water depth of not less than 1 1/2 feet. 159. Tavern or Bar. A building with facilities for the serving of beer, wine, set-ups and other alcoholic beverages and may include short order foods. 162. Truck Stop. A motor fuel station devotedprincipally to the needs of tractor trailer units and trucks, and which may include eating and/or sleeping facilities. 163. Variance. A modification or variation of the strict provisions of this code, as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon the property by this chapter. A variance shall normally be limited to height, bulk, density, and yard requirements. A modification in the allowable uses within a district 22 161. Transportation Terminal. Truck, taxi, air, bus, train, and mass transit terminal and storage area, including motor freight (solid and liquid) terminal. CHAPTER 9 - 8.01, 9.01, 10.01 2 B. ZONING `CODE DISTRICTS: B-1'B 2'B 3 I; ~' j 9 ;~ • PART 8. -8.01 "B-1" NEIGHBORHOOD CONVENIENCE DISTRICT "B-1" Neighborhood Convenience District Subdivision 1 Puroose and Intent The purpose of the neighborhood convenience business district is to provide for small scale consumer goods stores and limited service establishments whi r_h Baal ~a; r~.,~,.. ___ ~L ~,_ serve th communit whom the rnood rather than the entire a. Barber shops (SIC 724) except barber colleges. b. Beauty shops (SIC 723) but excluding cosmetology schools. c. Convenience grocery stores (SIC 5411) excluding motor fuel facilities. :.:::::::::.::::.::.:.:::;:;.;::.;:.::;::. e. Drug stores/pharmacies (SIC 5912). f. Dry cleaning and laundry pickup stations including incidental pressing and repair (SIC 7211, 7212) with a maximum of six employees. g. Florists (SIC 5992). h. Laundromats - self serve (SIC 7215). i. Medical and dental offices and clinics (SIC 801-804). j. Offices, business and professional. k. Other small miscellaneous retail shopping goods stores (excluding repair and service) having a maximum floor area of 1,000 square feet which sell food, apparel and small specialty shopping goods including antique, 55 Subdivision 2. Permitted Uses No structure or land shall be used except for the following specific uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): sporting goods, book, stationary, jewelry, camera, . novelty and optical stores (SIC 594) and small cafes and restaurants. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP) a. Automobile repair establishments (SIC 7533, 7537, 7538) subject to the following conditions: 1. The use is existing as of the date of adoption of this amendment. 2. The structure and use shall not be expanded without city council approval, based upon finding that the expansion is a furtherance of the public health and safety and will not negatively impact the surrounding neighborhood. 3. Any change in use shall be to the same or another B-1 permitted or conditional use. 4. No more than five (5) cars shall be parked outdoors overnight at any one time, and cars shall be parked in an orderly fashion in a designated area. • 5. There shall be no outdoor storage of supplies, materials or trash. 6. Trash containers and parking areas shall be screened from view from residential areas to the maximum degree practicable in consultation with city officials and upon approval by the city council after review by the planning commission. b. Child Care facilities and nursery schools subject to licensing by the State of Minnesota. c. Motor fuel stations as an integral part of a convenience store located at the corner of a minor arterial and collector street as defined by the comprehensive plan. :.~::::::.~ .:::::::::::.::~:::::::::::::...~:::::::.:~:::::::::::.:::.:::::::~:~:~.~.::: a~.::: d~.~:~:e::::z:.;:.~e..~:.~~.xn....::..c~de...:.. ........................................:::.:.:::::::::::::::::::g:::.::::::.:::..:::. Subdivision 4. Permitted Accessory Uses The following uses shall be permitted accessory uses: a. Off-street parking and loading, signs, fences, and 56 decorative landscape features as regulated herein. • b. Temporary construction buildings (approved by zoning administrator). c. Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. d. Essential service structures, provided no building shall be located within thirty (30) feet of an abutting lot in an "R" District. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. e. Public telephone booths or drive-up service. The placement of the telephone booth or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. f. Other as deemed to be normal, customary, and • incidental by the zoning administrator. Subdivision 6. Lot Area. Height Lot Width and Yard Requirements a. Minimum Lot Area 10,000 square feet . 57 b. Maximum Building Height 2 stories or 24 feed • c. Minimum Lot Width 90 feet d. Maximum Building/Use Size 5,000 square feet2 e. Minimum Building Yard Requirements: (1) Front 30 feet (2) Side 10 feet3 (3) Rear 20 feet f. Maximum Lot Coverage 75%4 • lExcept as provided by 9-2.07 of this code. ZExcept where otherwise noted in Section 9-8.01, Subd. 2j. 330 feet if abutting a street or "R" District 4Including the total area of roofs, driveways, parking lots, sidewalks and similar impermeable surfaces. • 58 PART 9. "B-2" LIMITED BUSINESS DISTRICT • ' 9-9.01 "B-2" Limited Business District Subdivision 1. Purpose and Intent The primary pur ose limited business district is to provide for office aPd limitedthe service, employment and institutional uses which are freestanding in nature, require larger sites and are or can be made to be compatible with adjacent land uses. It is also intended to accommodate certain existing businesses for the pur ose~of maintaining them as conformin uses ~5;:;:;:.:.:.:..;.; ::::;: ;:::< :::.:.:...::..::::..~..;;::;::.::.;;::::::;::::;:::;;.:.;:<,;;;~: g Exce t wher ~~: ~>:;:~.:;:•>: ..::::~~;~.::.:s ec ' .. business district ~~~s~~~ riot~~'~ri~tended toaaccommodaae retailmt~ed~~ ~~"~' ~~"~ '~ wholesale busine~GP~ ~"`~~~~~ ~~~~•~~~ c. Offices, business and professional. d. Publicly owned and operated buildings and uses provided there shall be no unscreened outdoor storage of materials, supplies or equipment or trucks and trailers exceeding a capacity of one and one-half (1 1/2) tons. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (C.U.P.). a. Bank drive-in facilities .:............................... b. Churches. c. Colleges and academies. d. Child care facilities and nursery schools subject to licensing by the State of Minnesota. e. Florist, garden supply and garden wholesale stores. 59 Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses: b. Medical offices and clinics. n U f. Funeral homes and mortuaries. g. Limited fabricating and processing of a product in conjunction with any permitted use when such wholly processed within a building and such useoisctdeemed appropriate and consistent with the character of the district and environs. Where such uses consist of more than one principal building, plans for such development shall be submitted as a planned unit development (P.U.D.). h. Historical buildings, museums, art institutes and galleries. i. Radio and television broadcasting and cable television studios (SIC 483 and 484) excluding external antenna systems. j. Research centers and laboratories excluding medical waste processing facilities. k. Schools or studios for dance, music, art, photography or interior design. 1. Veterinary clinics with no animal boarding. Subdivision 4. Permitted Accessor Uses. Any accessory use permitted in Chapter 9, Section 8.01. Subdivision 6. Lot Area Hei ht Width and Yard Re irements.l a. Minimum Lot Area b. Maximum Building Height 2 stories0or 24 ft.z 1Subject to exception under P.U.D. Chapter 9, Section 16. 2Except as provided by 9-2.07 of this code; 3 stories or 35 feet maximum allowed by C.U.P. or P.U.D. 60 • c. Minimum Lot Width d. Minimum Building Yard Requirements: (1) Front (2) Side (3 ) Rear e. Maximum lot coverage 330 feet if abutting a street or "R" District 90 ft. 30 ft . 10 ft .3 20 ft . 7 5 %a a aIncluding the total area of roofs, driveways, parking lots, sidewalks and similar impermeable surfaces. • 61 9-10.01 • PART 10 . "B-3" SNELLING AND LARPENTEUR ll~l~TT BUSINESS DISTRICT .................................. 9-10. O1 "B-3" , Snelling and Larpenteur °QM~,~~~`3~ Business District .................................. Subdivision 1. Purpose and Intent . T-h~i~t~~~Ti~~ena~~e e-~p3~-~s=-~e-t-k~-€e~q~t~i~a~s-e~~re--~~-r~e~rt~trr ~,-r~a ~. r _, , ; r ,~ ---J ~~e-~3~'rre~-~-~ 1~7 ccrrcccc~~e--~cccvimirvcccc~.~cccrr~ bps-~res~t e e~o~~~-e f-~e~ -~~re~~-awe-~~eg~a~g ewe e 13app i-~~1en~e~--~~v e-e~~e~-tee €-~~re-ire ,ec r ~ ~ .,,.... r--e--g~}~rg a e-s-~r~~e~T~i~-dTs~=~-g~i-x~a~~r-~~ rat-a~~tr.~ee~rreh.--gt~~-g e e d~9-a-~=~~~i-c ee--~e~ , 1 '... *-'~ c eei~e-~1Fi ~e-1Flii~e~1-~~~ ._~----,.,,~-.'._, --•°••°•--°°-~~. --".~ --~' ~ °•°°-,..~. e'crreir' ~e ~r~-iTT=r=-e-Ii'bTTiermn~r~- • a. Auto parts and accessory stores. b. Apparel and accessory stores (SIC 56). c. Beauty and barbershops (SIC 723 & 724). • 62 Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987) >~' establishments and insurance ~-- ~ Food stores (SIC 54) excluding the outdoor sales of produce, meat and seafood. ~rarc-~i-~~-s-t~,~e~----FS-I-E-~~-)-- ~-- '~' Hardware stores (SIC 5251) . ~:>;>: Home furnishing, appliance and equipment stores ~~~CsIC 57) . ~- '~ Laundry, laundromat and dry cleaning ~~establishments (SIC 7212, 7215 and 7219). • ~-- t>~' Mailing, reproduction, commercial art, photography and stenographic services (SIC 733). ~- Medical and dental offices and clinics (SIC~~~~801-804) . ~- <'~~ Miscellaneous retail establishments (SIC 59) incl~tic7.ing antique stores but excluding fuel dealers (SIC 598). e-- '~?? Motion picture theaters (SIC 7832) . ~- Offices, business and professional. ~- ~t~ Office supply and art supply stores, retail. ~- ~k' Paint and wallpaper stores, retail (SIC 523). ~-- Personal service establishments as follows: tax return preparation services, diet centers, costume and dress suit rental stores, photography services. ~- ~~:`> Physical fitness facilities. .............::::::::::::::: 6 3 • ~- _ Printing and duplicating shops provided not more • tf~~an six employees are employed on the premises at one time (SIC 7334) . '~- ~~ Public and essential service uses . Subdivision 3. Conditional Uses The following uses are permitted subject to the issuance of a C.U.P. ~- ~ Basement storage of goods not sold on the premises provided that the i space s completely finished and ready for use, is sprinklered has elevator • , access, provides two pedestrian accesses, has an existing loading dock or area that does not conflict with adjacent residential areas or entry to businesses and i s approved by the city fire marshal. ~- '~ Car washes which are accessory to the principal use and meet the i requ rements for service stations, Section 9-14.01, Subdivision 17. ~- ~ Child care and nursery school facilities subject to ~~censin b th g y e State of Minnesota. ~- _? Charitable gambling establishments as a principal use in c a cordance with the city's licensing requirements, Chapter 5, Se ti c on 3 of the city code. ~- ;'>< Custom manufacturing of handmade goods that are sold on th i e prem ses provided the manufacturing operation is incident l a to a retail operation. g- _ Drinking establishments, bars and taverns (SIC 5813) subject to the city's licensing requirements, Chapter 5, Secti on 3 of the city code. ~- ~~ Hotels and motels by P.U.D. (SIC 701) . • 64 a. Animal grooming and pet stores provided there shall be no boarding of animals on the site. ~-- j_ Motor fuel or service stations subject to thedesign and • performance standards as specified in Section 9-14.01, Subdivision 17 of this code. Subdivision 4. Permitted Accessory Uses. a. Any accessory use permitted in Chapter 9, Section 8.01. b. Limited repair and service operations which areincidental to a principal use. • • 65 Subdivision ~ Building Height and Yard Requirements. a. Maximum Building Height - 3 stories or 35 ft. Subdivision 7. Building Height and Yard Requirements a. Maximum Building Height - 3 stories or 35 ft.l b. Minimum Building Yard Requirements: (1) Front 30 ft. (2) Side 20 ft.2 (3) Rear 20 ft.3 c. Maximum Lot Coverage: 75 ft.4 • 'Except as provided for in 9-2.07. 230 feet if abutting a street and 40 feet if abutting an "R" District. No side yard shall be required for a party wall subject to 9-2.05. 310 feet if abutting an alley. 4This requirement shall only apply to sites that abut an "R" District to provide sufficient land area for buffering, landscaping and screening. Coverage may be increased by the city if a permanent screen or buffer, other than a wooden fence, is constructed which provides 1000 year around opacity for adjacent residential areas after approval by the city council and review by the Planning Commission. • 66 CHAPTER 5 - 1.03(El • I• 3 A. LICENSII THERAPEUTIC • CITY OF FALCON HEIGHTS • A PROPOSED ORDINANCE RELATING TO REGULATING AND LICENSING THERAPEUTIC MASSAGE ENTERPRISES Chapter 5, Section 1.03, Subdivision E E. THERAPEUTIC MASSAGE ENTERPRISES 1. Purpose. The purpose of this Division of the City Code is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises pursuant to this section. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this Section is not to impose restrictions or limitations on the freedom of protected speech or expression. • 2. Findings of the Citv Council The city council of the City of Falcon Heights makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: a. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. b. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. c. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. • Page 2 d. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. e. Massage businesses which employ persons with no specialized and standardized training can tax city law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. 3. Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: a. Massage -Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, • stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. b. Therapeutic Massage Enterprise - A person who operates a business which hires only licensed therapeutic massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. c. Therapeutic Massage Therapist - An individual who practices or administers massage to the public who can demonstrate to the City that he or she: 1) has a current insurance coverage of one million dollars ($1,000,000) for professional or general liability in the practice of massage; Page 3 • 2) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the city; and 3) has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school or has one year of experience practicing massage therapy as established by an affidavit and is currently and continually enrolled in a bonafide therapeutic massage school. Compliance with this requirement applies to the license application and license renewal. 4. License ReQUired. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the city pursuant to this section. 5. Exceptions. A Therapeutic Massage Enterprise License is not required for the following persons and places: • a. Persons dul licensed b this Y Y state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. b. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage is merely incidental to hairstyling or manicure services. c. Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. d. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. • Page 4 6. License Application Therapeutic Massage enterprise License Application. An application for a therapeutic massage enterprise license shall be made on the form supplied by the city and shall request the following information: a. For all applicants: 1) Whether the applicant is an individual, corporation, partnership, or other form of organization. 2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities. • 3) The floor number, street number, and rooms where the massage services are to be conducted. 4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 5) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. 6) The name and street address of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes Section 333.01. 7) Such other information as the city shall require. ;~ • Page 5 b. For applicants who are individuals: 1) The name, place and date of birth, and street residence address of the applicant. 2) Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used. 3) Whether the applicant is a citizen of the United States or a resident alien. 4) Street addresses at which the applicant has lived during the preceding five (5) years. 5) The type, name, and location of every business or • occupation the applicant has been engaged in during the preceding five (5) years. 6) Names and addresses of the applicant's employers for preceding five (5) years. 71 Whether the applicant has ever been convicted of any felony or crime, and the time, place and offense for which convictions were had. 81 Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment. c. For applicants that are corporations or other types of organizations: 1) The name of the organization, and if incorporated, the state of incorporation. 2) A true copy of the certificate of incorporation, and, if a • foreign corporation, a certificate of authority as described in Minnesota Statutes Section 303.03. • Page 6 3) The name of the general manager, corporate officers, proprietor and other person in charge of the premises to be licensed, and all the information about said persons as is required in paragraph B of this section of this code. 4) A list of all persons who own or control an interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in paragraph B of this section of the code. ~• ApLlication and Investiaatinn Fc~oc massage enterprise licenses shall be as set fohth in sect on 4.01 A of this code. An investigation fee shall be charged for therapeutic massage enterprise licenses as set forth in section 4.01 A of this code. Each application for a license shall be accompanied b required license and investigation fee, if applicable.ayment in full of the • 8. Application Verification and Consideration information supplied on the license application and hall nvelstigate the background, including the criminal background, of the applicant to assure compliance with this section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the city administrator shall make a written recommendation to the city council as to issuance or nonissuance of the license. The city council may order and conduct such additional investigation as it deems necessary, but shall grant or deny the application within one hundred twenty (120) days of receipt by the city of the complete application and fee. At an advertised public hearing the city council shall approve or deny the therapeutic massage enterprise license. 9. Persons Ineligible for License No therapeutic massage enterprise license shall be issued to a person who: • Page 7 a. is a minor at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03; c. is not a citizen of the United States or a resident alien; d. is not of good moral character or repute; e. is not the real party in interest of the enterprise; f. has misrepresented or falsified information on the license application; g. cannot meet the definition of therapeutic massage enterprise in this chapter (5-3.08 B) of this code. 10. General License Restrictions a. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. • b. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. c. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. d. The enterprise hours of operation shall be no more than 9 A.M. to 9 P.M. e. A therapeutic massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise business licensed by the city, unless a person or place is specifically exempted form obtaining a therapeutic massage enterprise license in this chapter (5-3.08 D). f. No therapeutic massage enterprise shall employ or use any person. to perform massage who is not licensed as a therapeutic massage therapist under this Section, unless the person is specifically exempted from obtaining a therapist license in this . chapter (5-3.08 D). Page 8 • g. The licensee shall require that the person who is receiving the massage shall at all times have his or her genital area covered with non-transparent material or clothing. h. Any therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with anon- transparent material or clothing. i. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. j. At no time shall the therapeutic massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. 1 1. Restrictions Regarding Sanitation and Health a. A therapeutic massage enterprise shall be equipped with adequate and conveniently located toilet rooms for the • accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be .enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted. b. A licensed therapeutic massage enterprise shall provide single- service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture. c. The therapeutic massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. • • Page 9 12. Renewal of License. An enterprise license issued under this section shall expire on December 31 at 12:00 A.M. of each year. An application for the renewal of an existing license shall be made at least thirty (30) days prior to the expiration date of the license and shall be made in such form as the City requires. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application within the time provided, the city council may, if the other provisions of this section are complied with, grant the renewal application. 13. Sanctions for License Violations. The City Council may revoke a license or suspend a license for up to sixty (60) days for a violation of: 1. a provision of this ordinance or therapeutic massage enterprise license; • 2. a state law relating to prostitution; or 3. a federal, state, or local law relating to moral character. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the license application. The hearing of a contested case shall be in accordance with Minnesota Statutes, Section 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes Section 14.59, may provide an adequate basis for imposition of sanctions. • CF~LAPTER 5 - 1.fl3tF) i• ~~ 3 B. LICENSING: PRECIOUS M~TAL DEALER ~' I• • PROPOSED ORDINANCE LICENSE FOR A PRECIOUS METAL DEALER Chapter 5, Section 1.03, Subdivision F F. PRECIOUS METAL DEALERS 1. License Required No person shall exercise, carry-on, or be engaged in the trade or business of precious metal dealer within the city unless such person is currently licensed under this chapter. Application for a license should be made to the city clerk on a form supplied by the city. Upon filing of the application and payment of the required fee as stipulated in subsection 5 of this chapter, the application shall be presented to the city council for consideration. 2. Definitions. a. Precious metal dealer means any person who either as principal or agent engages in the business of buying coins or secondhand items containing precious metal, including, but not limited to jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. • b. Precious metals means silver, gold, platinum. c. Precious metal items mean any item made in whole or in part of metal and containing more than one percent by weight of silver, gold or platinum. 3. Pur ose. The city council finds that precious metal dealers potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving precious metal dealers. The purpose of this ordinance is to prevent precious metal businesses from being used as facilities for commission of crimes receipt and transfer of stolen merchandise and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. 4. Conditions. a. RecordkeeainQ At the time of a receipt of an item of property, the precious metal dealer shall immediately record, using the English • language, in an indelible ink, in a book or journal, which has page numbers that are preprinted, the following information: • Page 2 (1) An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (2) The date and time the item of property was received b the precious metal dealer; y (3) The name, address, and date of birth of the person from whom the item of property was received. b. Inspection of records The precious metal dealer shall make available the information required in subpart (a) of this section at alt reasonable times for inspection by the city police department or issuing authority. The information required in subpart (a) of this section shall be retained by the precious metal dealer for at least 4 years. c. Items for which dail re orts to olice are re uired. The precious metal dealer shall complete forms approved by the city and send the forms daily to the city police department for any transactions involving the following items: • precious jewelry, gems, watches and items containing precious metals. d. Dail re ort forms. The daily report forms submitted to the city police department shall contain the following information: (1) An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, or other identifying mark on such item; (2) The price of the item paid by the precious metal dealer; (3) The date, time, and place of receipt of the item; (4) The name, address, and date of birth of the person from whom the item was received; (5) The identification number from one of the following forms of identification of the person from whom the item was received: A valid drivers license; a Minnesota identification card; or a photo identification issued by the state of residency of the person from whom the item was received. Page 3 • e. Police order to h old property Whenever the city police department notifies the precious metal dealer not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the city police department. f. Holding period Any item received by the precious metal dealer, for which a report to the police is required under subpart (c) of this section, shall not be sold or otherwise transferred for 14 days after the date of such report to the police. g. Receipt. The precious metal dealer shall provide a receipt to the seller of any item of property received, which shall include the name, address and phone number of the precious metal dealer business; the date on which the item was received by the precious metal dealer; a description of the item received and amount paid to the seller in exchange for the item sold. h. Hours of operation No precious metal dealer shall keep the precious metal dealer business open for the transaction of business on any day of the week before 9:00 a.m. or after 9:00 p.m. i. Minors. The precious metal dealer shall not purchase or receive personal property of any nature from a minor. j. Inspection of items The precious metal dealer shall, at all times during the term of the license, allow the city police department or issuing authority to enter the premises where the precious metals dealer business is located, for the purpose of inspecting such premises and inspecting the items, ware and merchandise therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of. k. License display An issued license must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. I. Proper identification A licensee under this section shall not accept any items of property unless the seller provides to the precious metal dealer one of the following forms of identification: A valid driver's license; a current Minnesota identification card; or a current photo identification issued by the state of residency of the person from whom the item was received. The licensee shall not accept any items of property from a seller who does not match the photo and the description on the identification presented. No other • forms of identification shall be accepted. Page 4 m. Pawning not permitted Precious metal dealers may not loan money on deposit or pledge of personal property, or other valuable thing. Precious metal dealers may not deal in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or loan money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. 5. Fees. a. Investigation fee. (1) The license and investigation fee shall be paid in full before the application for a license shall be accepted. (2) The investigation fee is designated in Section 4.01(A) of this chapter. • b. License fee. A precious metal dealer business license shall be purchased annually. The annual fee is designated in Section 4.01(A) of this chapter. Upon rejection of any application for a license or upon withdrawal of any application before city council approval, the license fee shall be refunded in full to the applicant except where rejection is for a willful misstatement in the license application. 6. Restrictions regarding license transfer Each license shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a license to another person. 7. Limitation on number of licenses The number of precious metal dealer licenses issued in Falcon Heights in any calendar year shall not exceed one. • ~. 4. FEES THERAPEUT ; MASSAGE .ENTERPRISE. PRECIOUS ~IIETAL DEALER 5-4.01 • SECTION 4. LICENSE, PERMIT AND OTHER FEES 5-4.01. Fees. The following fees are to be included in the city's license and fee schedule. The city council shall, by resolution, establish and revise license, .permit and other fees. A. Business Licenses. Fees for business licenses are as follows: Fee Item • $ 30.00 300.00 Amusement machines & pool tables Bottle Club 180.00 Bowling Alley 40.00 Cigarette 30.00 Contractors 100 00 Filling Stations . Basic 400.00 500 00 ~ for 15-20 hours . 800.00 for 20+ hours Game Arcades/Pool Halls 50.00 General Business 35.00 4,000.00 Itinerant Salespersons & Solicitors Liquor 200.00 Sunday Liquor 150.00 25 00 Liquor Store, Off-sale . Liquor Special Event, Consumption 150.00 and Display Only Malt Beverage, Off-Sale 500.00 Malt Beverage On-Sal , e 2, Restaurants 100.00 Basic 400.00 If over 15-20 hours 500.00 If over ~n r,-,,,r~., DRAFT DRAFT DRAFT . 23 February 1994 City of Falcon Heights Report Related to Adult Uses TO: Mayor and Councilmembers Planning Commissioners FROM: Susan Hoyt, City Administrator REVIEWED BY: Peter Bachman, City Attorney RE: Negative secondary impacts related to adult uses and proposed findings of negative secondary impacts BACKGROUND The city included adult use enterprises, hereinafter referred to as adult uses, in its interim development moratorium in March, 1993 because of their potential negative secondary impacts on surrounding land uses. To be able to address whether or not there are negative secondary impacts from adult uses, staff • reviewed studies conducted by other cities. STUDIES USED TO DETERMINE SECONDARY IMPACTS Several local and national studies have determined that negative secondary impacts result from adult uses. The following studies were used as resources to determine the secondary impacts resulting from adult uses. • Rochester/Olmstead Planninn Department Adult Entertainment Research Report, March 2, 1988 • Effects on Surroundin Areas of Adult Entertainment, prepared by the Division of Planning, Department of Planning and Economic Development, City of St. Paul, and the Community Crime Prevention Project, Minnesota Crime Control Planning Board, June, 1978 --- ~~~~~~~~ ~~ r+uui[ Cnterta~nment stablishments in St. Paul prepared by the Community Crime Prevention project of the Minnesota Crime Control Planning Board and the Division of Planning, Department of Planning and Economic Development of the City of St. Paul, April, 1978 1 • Adult Entertainment 1987: A 40 Acre Stud prepared by the • Division of Planning, Department of Economic Development and Planning, City of St. Paul, 1987 • Adult Entertainment 1988: A Su lement to 1987 Zonin Stud areaared by the Division of Planning, Department of Planning and Economic Development, City of St. Paul • Adult Entertainment Businesses in Indiana olis: An Anal sis Department of Metropolitan Development, Division of Planning, February, 1984 • Relation of Criminal Activit and Adult Businesses prepared by the Planning Department, City of Phoenix, May 1979 • Regulating Sex Businesses, prepared by William Toner, Report No. 327 Planning Advisory Service, 1977 • The Imoact of Pornograghv• A Decade of Literature prepared by H. B. McKay and D. J. Dolff for the Department of Justice, Canada, 1984 • The Citv of Ramsev Adult Uses, Planning Report, prepared by Northwest Associated Consultants, Inc., September, 1990 • SUMMARY OF KEY FINDINGS FROM T HESE STUDIES Study 1 Ci~Lof Phoenix Ari7nna (May 1979) The Phoenix, Arizona study entitled "Relation of Criminal Activity and Adult Businesses" determined that arrests for sexual crimes and locations of adult uses were directly related. The research was designed around three study areas with adult uses and three control areas without adult uses. In brief, the study concluded than, on average, in the three study areas with adult uses property crimes were 43 per cent higher, violent crimes were four percent higher and sex crimes were over 500 per cent higher that in the control areas without adult uses. Stu--- d~ 2 Cit~of Indianapolis Indiana ~ 1984) A study of "Adult Entertainment Businesses in Indianapolis" prepared by the City of Indianapolis in 1984 analyzed crime data in a study area with at least one adult use and a control area without an adult use. The research also included a national survey of appraisers to determine the impact of adult uses on adjacent and nearby property values. In sum, the crime analysis found that major crimes occurred in the study area with the adult use(s) at a rate 23% higher than in the six similar 2 areas studied without an adult use(s). The study found a close link between crime and the residential character of the neighborhood with adult uses nearby. In the residential areas with adult use(s), crime frequencies were 56% higher than in the commercial areas without an adult use(s). The research also found that although the housing base in the study area with an adult use(s) was of a distinctly higher value than the control areas without the adult use(s), the study area's value appreciated at half the rate of the control areas between 1979 and 1982. The Indianapolis Study cited the results of a national survey done using a random sample of 20% of the American Institute of Real Estate Appraisers and a sampling of Member Appraisers Institute (MAI) to determine the impact of adult uses on surrounding property values. The survey results found that: 1. Survey respondents overwhelmingly (80 percent) felt that an adult bookstore located in the hypothetical neighborhood described in the survey would have a negative impact on residential property values of premises located within one block of the site. 2. Seventy-two percent of the respondents also felt that there would be a detrimental effect on commercial property values at the same one block radius. . 3. This negative impact dissipates markedly as the distance from the site increases, so that at three blocks a negative impact on residential property continued, but the degree of impact had decreased by more than one-half as judged by the number of respondents indicating negative impact at three blocks. Study 3. Citv of St. Paul Minnesota (1987 1988! A third study prepared by the City of St. Paul Planning and Economic Development Department analyzed population and crime characteristics of a St. Paul neighborhood, the University -Dale neighborhood, where a number of adult uses were located to determine the secondary impacts from these businesses. The study found that the neighborhood exhibited many signs of distress including the highest unemployment rate in the city, the highest percentage of families below the poverty line, the lowest median family income and the lowest percentage of high school and college graduates. The study hypothesized that the adult uses lead to prostitution which then lead to other types of crime. The study found that the city's highest number of prostitution arrests occurred at five intersections near the University and Dale intersection. The residents in the University and Dale • 3 neighborhood reported frequent sex-related harassment by motorists and • pedestrians in the neighborhood. The report also included the findings from a research firm's survey of residents perceptions of the safety in the area. The survey, which was done for Western State Bank to determine customers' perception of different locations for a bank, asked residents to respond how safe they felt each of these hypothetical bank locations, 36% of the respondents stated that they would feel unsafe at the University and Dale intersection whereas only 1 % to 4% of the respondents stated that they would feel unsafe at the other four locations listed. RELATIONSHIP BETWEEN SECONDARY IMPACTS FROM ADULT USES AND THE CITY'S AUTHORITY TO CONTROL ADULT USES Since cities are charged with the responsibility of protecting the health, safety and welfare of the community, many cities use the information on the negative secondary impacts gained from these studies on adult uses as a reason to_ control the location and operation of adult uses. Typically this is done through a combination of zoning and licensing controls. PROPOSED FINDINGS The above reports document that there are negative secondary impacts on adjacent properties from adult uses. Staff has carefully reviewed these studies and believes that the finding of negative secondary impacts from these studies is applicable to Falcon Heights. Therefore, staff recommends that the city council adopt the following findings related to adult uses in Falcon Heights. • 4 PROPOSED FINDINGS • WHEREAS, the aforementioned reports and studies, reviewed by the staff and on file at city hall, document negative secondary impacts from adult uses; NOW, THEREFORE BE IT RESOLVED that the City Council of Falcon Heights finds that: 1. That it is the City of Falcon Heights responsibility to protect the health, safety and welfare of the citizens of Falcon Heights. 2. That adult uses create negative secondary impacts in a community, including increased crime, increased harassment of neighborhood residents, increased health risks, diminished property values, and general neighborhood blight. 3. That areas within close walking distance of residential dwellings and other community commercial uses should be free of adult business uses. 4. That areas where children could be expected to walk, patronize or recreate should be free of certain adult business uses. • 5. That the image of the City of Falcon Heights as a pleasant and attractive and safe place to reside will be adversely affected by the presence of adult business uses in close proximity to its residential neighborhoods. 6. That the negative secondary impacts from adult business uses can extend for at least three blocks (or 1,800 feet) and they, therefore, cannot be ameliorated in the City of Falcon Heights because of its unique circumstances including its commercial districts' proximity to residential property and its limited commercial land area which must serve the immediate needs of the community. 7. That all commercially zoned districts in the City of Falcon Heights directly abut residentially zoned districts. All commercial buildings are within approximately 250 feet of residential dwellings and most are within 40 feet to 100 feet of residential property and, therefore, fall within the highly negative impact area from close proximity to an adult use(s). . 5 8. That there is no space to create a physical buffer between the • commercial and residential areas to ameliorate any negative impacts that might result from adult uses that are located in the adjacent commercial area because these residential and commercial areas are typically separated by a limited space, usually a fifteen foot wide alley which must remain open for access. 9. That the close proximity of the city's residential areas to its commercial areas make it impossible to adopt the spacing requirements used by other cities to ameliorate these negative secondary impacts. For example, the City of Minneapolis requires that adult uses be 1,000 feet from residential structures, the City of St. Paul requires that adult uses be 800 feet from residential structures outside the downtown area and 400 feet within the downtown area, the City of Bloomington requires that adult uses be 500 feet from residential property and the City of Ramsey requires that adult business uses be 1,000 feet from residential property. 10. That the City of Falcon Heights has no land zoned for industrial use or for general business district use, zones that cities use for adult business use zones. For example, the City of St. Paul • permitted adult uses that meet the spacing requirements of the zoning code in its general business district zone, downtown zone and two industrial zones. Minneapolis permits adults only bookstores, entertainment centers and motion picture theaters in designated areas in the central business district. The City of Falcon Heights limited available commercial area of 26 acres, 1.8% of its total land area, and 7% of the land area not including the Minnesota State Fair and the University of Minnesota, makes it prudent for the city to use its commercial areas to encourage businesses that serve the immediate community's needs rather than to encourage businesses that serve a larger consumer group within the metropolitan area. 1 1 . That the City of Falcon Heights is part of a major metropolitan area and is served by regional commercial centers where adult uses are readily available to individuals in or near the vicinity of the City of Falcon Heights. 6 12. That the City of Falcon Heights is a small city with a population of 5,380 persons and a geographic area of approximately 2.2 miles. It is centrally located in the Twin Cities' metropolitan area of 2.35 million people and a geographic area of 2,985 square miles. There are adjacent or nearby cities that currently provide regional commercial services to Falcon Heights and the surrounding area. 13. That there are adult uses and adult use zones located in adjacent and nearby cities, where the adult uses' negative secondary impacts can be ameliorated through a combination of zoning and licensing controls that are readily accessible to Falcon Heights (Attachment 1 and 2). These cities include the Cities of St. Paul and Minneapolis. The distance from the City of Falcon Heights to the City of Minneapolis's adult uses is about four miles. The City of St. Paul is adjacent to the City of Falcon Heights. The City of Falcon Heights is located about three miles from the City of St. Paul's adult uses and adult use zones. Furthermore, the estimated travel time from the City of Falcon Heights to adult uses in the City of Minneapolis is approximately ten to fifteen minutes driving time. The travel time from the City of Falcon Heights to an adult use or an adult • use zone in the City of St. Paul is approximately ten to fifteen minutes. 14. That it is the city's responsibility to protect the health, safety and welfare of the citizens of the City of Falcon Heights, and since there are documented negative secondary impacts from adult uses that cannot be ameliorated in the City of Falcon Heights due to its unique size and land use configuration, and since the City of Falcon Heights is part of the Twin Cities metropolitan area with numerous commercial service areas where the negative secondary impacts from adult uses can be ameliorated by the local jurisdiction through a combination of zoning and licensing controls, therefore, adult uses are no listed as a permitted, conditional or accessory use in the it 's zoning code. Adult uses are, thereby, excluded from the City of Falcon Heights. 7 • City of St. Paul Adult Use Zones ATTACHMENT 1 ~-,.-~ "11111:1- I :{'' .. 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I r ~ UWI1llLL 11._1.11=L 7~~laa~" ~~ / ~'~_ ' .nIIIi'F-~, ~ i- - +11Ir' I l~ ~ tt ~ I • / . ~"_ I P 1 r=a:i ~~~~' \ 1 ~I~~(f ~` ~`. )I; ..... !t •~1;~-r-J- K, _ :~ ~r~_~ ~ ~ ADULT ENTERTAINMENT ZONING PROPOSAL ', ` i, `~ ~Tn• ~~wvV" ,._ k• ~~'~ OF APRIL 14 1988 ~• t~\1 ~ 1 ~~ )-- ''•~• _" I ~~,i-I _1tJ_-'~ ~•.~r , ~. / Arcas Whcrc Adull Uscs Would Dc Pcrmittcd ~ 1 1 ~ ` •~_ I l i.--..~.-~ ~-~.. :~`. `;- r. as of 4/14/88 ~~~.I, '' ~1( I I,~ ,1' ~ ~./ ~J. 1 "I' 'Inn -i~ Prcparcd by PED Staff _ - ';~ , ~ti' •!, VJ r I w ~ • ~~ , _~ • City of Minneapolis Adult Use Zones ATTACHMENT FALCON HEIGHTS I Approximately four miles from the City of Falcon Heights 6. REPOT FROM sECOr DEFINI CODE PROPC f ON SECONDARY IMPACTS SAWN SHOPS_AND DHAND GOODS 'STORES NOT D IN THE PROPOSED ZONING 1MENDMENTS AND SED FINDINGS i 1. ,,; City of Falcon Heights Memorandum DATE: 20 February 1994 TO: Mayor and Councilmembers Planning Commission FROM: Susan Hoyt, City Administrator RE: Study related to location of pawn shops and HIGH IMPACT secondhand goods stores Background While undergoing a study of uses in its commercial zoning districts, the City of Falcon Heights's Planning Commission and staff studied the suitability of specific uses in the city's commercial districts including pawn shops and High Impact secondhand goods stores. The proposed zoning revisions clarify that pawn shops are not allowed. Secondhand goods stores which engage in the sale of any of the following items are not allowed: any used automobiles; electronic equipment such as stereos, cameras, computers, televisions, audio appliances; jewelry and precious gems; or guns (hereinafter, referred to as High Impact secondhand goods stores). The City of Falcon Heights's commercial districts are designed to serve the neighborhood or community. They are not general business districts nor is Falcon Heights a regional shopping area. The close proximity between the commercial areas and residential dwellings, typically 40 feet to 100 feet, requires careful attention to possible impacts from nearby commercial uses. Study Crime data. Pawn shops and High Impact secondhand goods stores (selling easily fenced items) are frequently part of the cycle of crime by receiving and selling stolen goods. The planning commission and staff reviewed the crime data associated with these uses. Crime data on these uses was collected from several Twin City municipalities (Attachment 1). The information gathered found that the number of reported crimes for pawn shops and High Impact secondhand goods stores varied with individual stores, but that as a group there were more reported crimes than with other commercial uses permitted in the city's commercial district. Local zoning The study also reviewed the zoning requirements that other . cities utilize to control the impacts from these uses. The Cities of Minneapolis, Richfield and Bloomington are illustrative. These cities permit pawn shops and High Impact secondhand goods stores in their general business districts rather than in their community or neighborhood business districts. The City of Richfield has a distancing requirement of 250 feet from any residentially zoned district. In the City of Falcon Heights, the commercial districts and the residential districts are adjacent. Most commercial structures are 40 feet to 100 feet from residential structures. The farthest distance that a commercial structure is from a residential structure. is 250 feet. Therefore, it isn't possible to establish such a distance requirements between these businesses and the residential structures. Availability. The City of Falcon Heights, with limited commercial space and a population of 5,380 people, does not provide commercial services to a regional area. It is located adjacent to the Cities of St. Paul and Roseville, which provide those services within easy access to residents and visitors in the City of Falcon Heights. The city is four miles from downtown Minneapolis. There are currently at least nine pawn shops and High Impact secondhand stores within a five to fifteen minute drive of the City of Falcon Heights (Attachment 2). There is also bus service available for access. (This number is listed in the phone book's yellow pages. Many of these establishments may not advertise or be listed in the yellow pages.) Conclusion As a result of this staff research and the planning commission's consideration of this research, the planning commission concluded that pawn shops and High Impact secondhand goods stores are part of the cycle of crime and have adverse impacts on the nearby residential property and businesses; that the distance requirements used to ameliorate these impacts in other cities aren't feasible in the city; that it is expensive to license and provide adequate police services for these uses; that there is limited commercial area in Falcon Heights, which is used to serve the community needs; that these uses are available within a five to fifteen minute drive from Falcon Heights; and that the location of pawn shops and High Impact secondhand goods stores in Falcon Heights would jeopardize the health, safety and welfare of its citizens. • • PROPOSED RESOLUTION WITH FINDINGS Whereas, the City of Falcon Heights planning commission studied the possible impacts from pawn shops and High Impact secondhand goods stores and the city council received the results of this study; Now, therefore, be it resolved that the City Council of the City of Falcon Height finds: 1. That pawnbrokers and High Impact secondhand goods dealers provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. 2. That the location of such a business, that provides an opportunity for the commission of crimes and their concealment, residential dwellings, may have impacts on nearby residential property in the form of decreased property values and a less desirable image for the neighborhood and diminished safety of residents in the neighborhood. 3. That the location of such a business, that provides an opportunity for the commission of crimes and their concealment, may lead to a less • desirable image for the business district; 4. That several pawn shops and High Impact secondhand stores are available businesses in adjacent cities within one to four miles of Falcon Heights and within a five to fifteen minutes drive from the City of Falcon Heights. Access to these businesses is also available by bus. 5. That the small size of Falcon Heights's commercial district and its close proximity to residential property make it important to use this space for neighborhood and commercial business uses. 6. That pawn shops and High Impact secondhand goods stores, which are part of the cycle of crime, are expensive to license and to provide police services to and are difficult to control for negative impacts especially in the City of Falcon Heights, where reasonable spacing requirements cannot be applied to these businesses. 7. That it is the responsibility of the city council to protect the health safety and general welfare of its citizens. 8. That the City of Falcon Heights, hereby, finds that pawn shops and • High Impact secondhand goods stores would jeopardize the health, safety and welfare of the citizens of the City of Falcon Heights. • • . -u ~~ 1. CRIME STATISTICS AND POLICE ACTIVITY RELATED TO USES . lli d i A T d t e . a cr me a a Crime data from January 1, 1993 through September 30, 1.993 was collected from local police departments including St. Paul, Brooklyn Park, Maplewood, White Bear Lake, Richfield and Edina. Burglary(1) Theft(2) Disorderly other conduct Pawnshops (13 stores) 6 13 3 7 vandalisms Second hand stores 2 17 2 3 vandalisms (19 stores) Precious metal dealers w. jewelry • (51 stores) 4 7 0 3 Firearms Sellers (13 stores) 5 3 1 1 domestic PoolNideo Arcades (8 stores) 3 13 6 12 vandalism check cashing (13 stores) 3 7 3 3 vandalism 5 domestic (1) Burglary: thefts from store when closed for business. (2) Theft: thefts from store when open for business or to vehicles on the premises • 1 II. Crime data by selected s pecific stores (selected because of availability of • information) Store location Police calls Arrests other PAWNSHOPS Pawn Burnsville 5 since Jan, 1993 n/a America Burns Bloomington 0 in since 1992 0 musical Pawn instruments National Pawn Brokers Bloomington 214 since July,1992 50 to 70 Gun shop and Pawn broker Richfield 25 since Nov., 1992 n/a ' Plaza • Pawn Richfield 3 since April, 1993 n/a PRECIOUS METAL Twin Cities Gold ~ Silver Richfield 2 since Jan,1993 n/a SECONDHAND STORE Value Village Thrift Richfield 11 since April, 1992 n/a III. Police activity related to uses State statute requires that pawn shops, precious metal dealers and secondhand goods dealers record and report identifying information on certain types of items like jewelry, guns, electronic equipment, etc. to the police to account for stolen property that might come through the store. All stores must • 2 • ATTACHMENT 2 LOCATIONS OF PAWN SHOPS WITHIN A FIVE TO FIFTEEN MINUTE DRIVE OF THE CITY OF FALCON HEIGHTS AS OF FEBRUARY, 1994 • 1419 WASHINGTON AVENUE, MINNEAPOLIS • 189 EAST SEVENTH STREET, ST. PAUL • 182 WEST SEVENTH STREET, ST. PAUL • 752 GRAND AVENUE, ST. PAUL • 1172 ARCADE STREET, ST. PAUL • 2750 RICE STREET, ST. PAUL • 510 NORTH ROBERT STREET, ST. PAUL • 1575 MINNEHAHA, ST. PAUL • 1715 RICE STREET, ROSEVILLE LOCATIONS OF SECONDHAND GOODS STORES (THAT MAY NOT MEET THE DEFINITION IN THE ZONING CODE) WITHIN A FIVE TO FIFTEEN MINUTE DRIVE OF THE CITY OF FALCON HEIGHTS AS OF FEBRUARY, 1994 • GOODWILL INDUSTRIES, 2543 COMO AVENUE, LAUDERDALE . • SAM'S SECOND HAND STORE, 935 UNIVERSITY AVENUE • UNIQUE THRIFT SHOP, 1657 RICE STREET • DISABLED AMERICAN VETS, 572 UNIVERSITY AVENUE, WEST • SALVATION ARMY THRIFT STORE, 927 PAYNE AVENUE • ST. VINCENT DE PAUL, 461 WEST SEVENTH STREET {Source: July 1993/1994 U. S. West St. Paul Yellow Pages) 1 CHAPTER 5 - 5.01,..5.02, 5 • • 5-5.01 - 5.04 SECTION 5. INTERIM DEVELOPMENT MORATORIUM ON COMMERCIAL ZONING DISTRICTS 5-5.01 AUTHORITY, FINDINGS & PURPOSE A. Authority Pursuant to M.S. §462.355, Subd. 4, the city has the authority to establish interim ordinances to maintain the status quo while the city is conducting studies, has authorized a study to be conducted or has scheduled a public hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. B. Findings and Purpose In 1991 the city council adopted a comprehensive plan for the city. The Metropolitan Council approved that plan in April, 1992. A recommendation in the city's comprehensive plan included studying and revising the city's commercial districts to conform to the plan and address future needs. In October, 1992, the city council contracted with the Hoisington Group, Inc. to carry out a planning study on all the city's commercial zones, to evaluate and recommend changes in the commercial zoning designations, to work with the property owners to determine future needs and to make recommendations to the planning commission and city council for revising the commercial zonin~..c.ode provisions. The Hoisington Grou Inc. an ::.. ::::::::::::::.................... the It is the intention of the city council to protect the • described planning process and the health, safety and welfare of its citizens by adopting an interim ordinance for a reasonable period of time during the time period of the study, planning and implementation activities. 5-5.02 5-5.02 DEVELOPMENT RESTRICTIONS AND APPLICABILITY A. Restrictions. No request for re-zoning, conditional use permit, variance, subdivision, building permit, business license, certificate of occupancy, or any other land use approval, affecting property located within the B-l, ~; B-2 and B-3 a-~-E-a zoning districts shall be accepted for processing or considered by the city council ~-` ........ ................. ....fie ~..~. ~.~~.... ~ ~''t?E~'....'~`.'E.'F?!GS ~ wen.c.....h~. _..~iy.,,,,.sv., .r. ~ S .,...~.... 'z~or~ta~rv~-1-Fi ~ 1 r ~ ~ r ~' ~--3 a r`~ ~-~-cx~ a~s-~oE~ gge~ row °-~az~.~ u ,. +- ,,. +. E.~--iv~-r~~ Jam- . --L r=T--f St ~~ a, , ,fie eat-~3~e~3~~~d~~red-3~-~~i2 -~ r , f ~ -- ~ ~a~e+~-d-ire-~ ~ n n -~ tom`-~l-e-l~ . i ~t9 8 i ~~ cz-c ~~ ..} i ~ , ~ F' t- r~ - - - vc ri-sF}'~-Z}n K-~ ~crrarr-.tc r ~ ~Zie•~~E c-crT tsrr~ r ~ h~ee3-~~a'~'-~-~,u-;o~da,4-gamma- ~,~- 1. applications for hardship waiver pursuant to Section 5-5.03 of this code. B. Applicability This section shall cover all commercial . zoning districts in~the~ City of Falcon Heights. This includes ~; B-l, $--~~ B-2, and B-3. 5-5.03 - 5-5.04 5-5.03 HARDSHIP WAIVER r A. Procedure. The city council may waive the moratorium requirements established herein with the following procedures: 1. Any person seeking a hardship waiver shall file an application with the city with a fee of $50.00 plus the applicable fee for the business license and land use permit, if any is required. In addition, the applicant shall cover the costs of all related planning costs of the city's planning consultant associated with the waiver. 2. A requested hardship waiver shall be scheduled for a hearing before the city council. 3. A requested hardship waiver may be granted by a majority of the council members in attendance. B. Conditions. The council may grant a hardship waiver only if it finds that: 1) the applicant has demonstrated a hardship by showing that the property cannot be put to a reasonable use without the waiver; 2) the waiver will not affect the integrity of the planning process and the purpose for which the ordinance was enacted; 3) the application is consistent with the current status of the planning study; 4) the application is for a use that is a listed permitted or conditional use in the applicable zoning district. C. Authority to Deny The council may deny the waiver if it does not meet the criteria in this section or if it determines that its approval will negatively impact the planning study or the future land use and development in the city. 5-5.04 TERM This interim moratorium became effective on March 30, 1993 and will expire ~>~~<':<>~>>~?>':~~~~~`?::: or upon ~'compYet~on~~of a planning study and adoption of related ordinances, whichever is first. City of Falcon Heights Planning Commission Meeting Date: 28 February 1994 Agenda item: 7 ITEM: Scheduling a workshop for March 9, 1994 at 7:45 PM with the city council SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: The city council scheduled a workshop with the planning commission to discuss the commission's recommendations related to the city's interim development moratorium for Wednesday, March 9, 1994 at 7:45 PM. This workshop will come after the city council adjourns its regular council meeting. • ACTION REQUESTED: Determine how many commissioners can attend the workshop.