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HomeMy WebLinkAboutPCAgenda_93Oct25PLANNING COMMISSION AGENDA October 25 7:30 p.m. ROLL CALL: Kay Andrews _ Tom Brace _ Lee Barry _ Len Boche _ Paul Kuettel _ Lisa Lampi _ Ken Salzberg _ 1. CALL TO ORDER 2. APPROVAL OF MINUTES September 27, 1993 3. Request for a variance of 2 feet 10 inches in the five foot sideyard setback for 1804 Tatum Street in an R-1 zone, Chapter 9, §2.04 subd. 1(c) of the zoning code. 4. .Public Hearing on home occupation code changes. 5. Public Hearing on adopting a housing code. • 6. Discussion of uses under the commercial development moratorium 7. FYI -Mall of America brochure 8. ADJOURN • • MINUTES REGULAR PLANNING COMMISSION MEETING SEPTEMBER 27, 1993 7:30 p.m. PRES ENT: ALSO PRESENT: Kay Andrews Susan Hoyt, Administrator Tom Brace Paul Colton, Planning Intern Lee Barry Paul Ciernia, Council Liaison Len Boche Paul Kuettel Lisa Lampi Ken Salzberg Meeting was called to order at 7:30 by Lee Barry, Chair. Minutes of the August 23, 1993 minutes were approved as written. DISCUSSION ON USES STILL UNDER THE COMMERCIAL DISTRICT MORATORIUM Administrator Hoyt asked the commission to discuss how the eight uses under the city commercial moratorium should be handled. These eight uses are adult uses, therapeutic massage, precious metal dealers, pawn shops, stores selling ammunition or firearms, check cashing facilities, secondhand stores, pool halls and video game arcades. The meeting was an open ended discussion about these uses and options for regulating them. Several options are available to the commission in terms of how these uses might be handled. These include: 1) regulations by licensing with associated fees 2) regulations through zoning and zoning conditions, 3) regulation by carrying out an impact study to determine if the business use has possible negative impacts that detract from the purpose of the commercial district, and, therefore, should not be permitted and 4) regulation by not permitting the use in the zoning district. Paul Colton, planning intern, was introduced to the commission. Hoyt explained that Paul has been working on this project by going through the license requirements and some conditional uses, and has put together information on how they're handled in other cities. Mr. Colton found that different cities have a wide range of licensing requirements and fees. Some cities regulate the hours of operation and require detailed records be kept by precious metal dealers, pawn shop dealers, and secondhand store owners. • After some discussion, the commissioners asked staff to do some further research on the impacts associated with these uses so the commission can better evaluate how to control them. PC Minutes 9/27/93 Page 2 Commissioner Kuettel requested that the staff provide more information on how Roseville handles some or all of these uses for the next meeting. The meeting was adjourned at 8:50 Susan Hoyt, Administrator/Planner Dee Swenson, Recording Secretary c: • Planning Commission Date: 10/25/93 Agenda item: 3 ITEM: Request for a variance in §9-2.04 subd. 1(c) of two feet ten inches in the required five foot sideyard setback for 1804 Tatum Street SUBMITTED BY: Mr. Curt and Mrs. Meredith Stockford, property owners REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Mr. and Mrs. Stockford are requesting a variance of two feet ten inches in the required sideyard setback on the northside of their property in order to construct a double garage (22'by 28')to replace an existing single car garage. The eave of the double garage will be two feet two inches from the northside property line. The new garage wall is proposed to be four feet eight inches from the northside property line. The existing single car garage is ten feet from the northside property line. The Stockfords are requesting the variance for two reasons. First, to construct a • double garage that will have adequate access from the driveway without requiring the garage to move farther back into the rear yard, and, therefore, take up more green space with a driveway. Second, to maintain the shape and stability of an existing 20" plus caliper maple tree located to the southside of the existing garage. Staff analysis: • The proposed garage meets the lot coverage requirements in the zoning code. • The neighbor's garage to the north of the Stockford's is one foot five inches from the property line and slightly to the west of the Stockfords. The proposed Stockford garage should not be very visible from the neighbor's to the north. • By keeping the garage closer to the dwelling, the Stockford's reduce the amount of open area covered for driveway access. It also reduces visibility of the structure from the neighbor to the east rear yard of the Stockfords. • The proposed garage would need to be moved much farther back into the property to avoid interfering with the tree limbs from the maple to the southside of the garage. • As of this writing no abutting property owners have contacted staff about the request. • ATTACHMENTS: A -Property owner's statement B -Site Plan C -Proposed Resolution Staff recommendation and action requested: Approve the request for a variance of two feet ten inches in the north sideyard setback requirement of five feet for the construction of a new garage using the attached resolution. • CSTOCKFORD • 1804 TATUM STREET FALCON HEIGHTS, MINNESOTA 55113 C~~ b>= ~e lLa~3 ~GfkTS ~taA,/tJUt~JG~ CQ>M(-~CSSLQr,~ 3A ~T- ~~ t4~3 `~~ : ~'~aGm.T t ote ~o ~ /Ls~~-.J~C'~ TO Sl Tom. Lf~T S ~T- LAC ~ -fib ~ cv~l s-ctz~.s~-T ~[S~.J o~ t~1E•u '"'j'ib - ca~rL. C--zt~eaG.E. -- LxIS"~`IU ~ C~2a'~~ fiJ tJLE.'~7 ~ ~'~.NS\V't/ f~f~f~12 D~ ~E 1~OL ~ T~ oti1 • • -- N>~~~ ~ro~ -~-..,tb ~E.t~ tGt~ ~~.G~ GlaPs~Lt -iy - t.1~1<9 ~ ~Gws~ s`r~ P~G~ ol! Lam.-~.r~l ~( G~~~o~U ~,c~.c.- ~~, '~Cx~ [ s u , ~ ~, s ~ ~,lp~~ 1~L,~-T~ -i-r~~s f~ ~.t ~ PT . ~ G~~.S~a'~ STD+~ ~ ~- ~~ O ~6C,Tl ~ c~)S ._ ~o~ ~ tea. c~aoJG~~ 18D8 'Tatruvt, ST. ..._ ~ pti Lc-~.rls~SuE Sti, ~-cu, t ~9c.{ Ti~~.tt~ S-r .., •~tsc,l.~ss toys .u [^~ 1-- Gu2T ~ S~ Luvv - ~TE~r: ~ Lf~saa ©Z~~~. G ~z-7 of `~L.C~e.> l-~EtGNrS t 8~ L-u~[ ~ s; . l ~-°-°i' L t ~..~~ [ G fir. ____ ~, t u vt G ~. ~~T 'Gct LL~i . , - r• • • ~ ~ isA ~ I. I ~ I ~,~ I i r~s r.: rsz .. t ~ ~ ~ ' ~ ~~ ~ . ~~ ~ + '~ ~~ ~ ~ ~ ~ ~, °' >t~ 7 ~. ~, mN \ a 9 • - -//- - - ~ I I t \ ~ Ol ~ X71 N /~p,~ • I •L•,8 \~ WD °N a°r I , I •\ I ~\ I ~ •~~ ~ iN I I ~ I I I^ 1 J - - -- I , , j ~4~ v: Ai . y'; I , .. ~ ..! ~ a a . I _~ r ° ~ ~ ~, r M ~ ~~ tl ~~ r I' ,; 5 i a- • ~ ~ ; ;. ,i ~ . ,,;,. i II I U ~ ,, D _-"_--- ' 1 ~ 1 ~~ ~ , • x .~ ~ I ~ 1 I Dory I i ~.Y ~ , ' I ~ I ' ~ _ _ -___..__.~ T ~ ._ I I ~ _ ._-_-_•._-_ II _ _ -_ ~~~ 1 ` 7~1//~ ~ /O D `/ ,~/ .~s~ 1-~ ~~~, 3-C CITY OF FALCON HEIGHTS P L ANN I N G C O M M I S S I O N R E S O L U T I O N Date: 10/25/93 RESOLUTION GRANTING A VARIANCE FOR 1804 TATUM STREET On October 25, 1993, the Falcon Heights planning commission recommended granting a variance for property owners Curt and Meredith Stockford for a garage at 1804 Tatum Street Side and rear yard setback. Chapter 9, X2.04 subd 1(c) A variance of 2 feet 8 inches sideyard setback for the construction of a new garage. r~ U The planning commission made the following findings for recommending arantina the variance at 1804 Tatum Street: a. That the amendment to the variance will not be detrimental to the public welfare; b. That the amendment to the variance will not substantially diminish or impair property values or improvements in the area; c. That the amendment to the variance is necessary for the preservation and enjoyment of substantial property rights; d. That the amended variance will not impair an adequate supply of light and air to adjacent property; e. That the amended variance will not impair the orderly use of the public streets; and f. That the amended variance will not increase the danger of fire or endanger the public safety. g. That the amended variance will permit the property owner to retain a large maple tree to the south of the proposed garage. . Planning Commission Date: 10/25/93 Agenda item: 4 ITEM: Proposed amendments to the home occupation code Chapter 9 Part 14.01 Subdivision 25 of the city code SUBMITTED BY: Paul Colton, Planning Intern REVIEWED BY: Dahlgren, Shardlow, Uban, Planning Consultant Susan Hoyt, City Adminstrator Peter Bachman, City Attorney (currently reviewing) EXPLANATION/DESCRIPTION: At the August, 1993 planning commission meeting, the commission discussed possible amendments to the home occupation code to assure that home occupations are permitted in the city, but that they do not detract from the residential character of the neighborhood. The planning consultant (DSU) recommended that the commission consider three changes in its home occupation code, which is otherwise consistent with other cities • and appropriate to accomplish its purpose. 1. Clarify the number of trips/day for business use. This varies considerably for cities with New Brighton having four trips. Staff is suggesting a maximum of six trips per day for a particular business. 2. Determine a percentage of the dwelling to devote to the home occupation. This is typically 20% to 25% of a dwelling. Staff is suggesting 20%, which is 400 square feet (a room of 20 X 20) in a 2,000 square foot home. 3. Eliminate the conditional use permit for home occupations that do not meet the home occupation requirements. This puts the city in a position of defining conditions for a possible home occupation. If the conditions are met, the home occupation must be approved. Without a conditional use permit, the home occupation applicant can request a variance. Staff recommends including the line that disabled persons may apply for a waiver in the requirements through the variance process. (This is being reviewed by the city attorney). Home care facilities like day care, eldercare and group homes are not included as home occupations in the city code, but are permitted in residential zones by state statute, if they meet certain size requirements. C7 • ATTACHMENTS: 1 -Proposed ordinance revisions 2 -Memo from DSU dated 8/2/93 3 -Current home occupation code 4 -State statute governing location of homecare facilities ACTION REQUESTED: 1. Receive staff report 2. Hold public hearing 3. Discuss and take action • 1 . CITY OF FALCON HEIGHTS ORDINANCE Date AN ORDINANCE AMENDING CHAPTER 9-14.01 OF THE CITY CODE RELATING TO CHANGES IN THE HOME OCCUPATION CODE • The City Council of the City of Falcon Heights ordains as follows: Section 1. Subdivision 25 c. is hereby amended to the Falcon Heights City Code, to eliminate the provision for a conditional use permit for a home occupation. Subdivision 25 c shall now read: Subdivision 25 c. No person shall conduct a home occupation without first having obtained a license from the Zoning Administration and the approval of the Council. Application for licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for compliance with the requirements set forth in provision 1d). Home occupations for disabled persons that do not meet these conditions may be reviewed by the Planning Commission and City Council which may modify or waive the requirements set forth in provision (d). Section 2. Subdivision 25 d.12, relating to traffic generated by a home occupation is hereby amended to the Falcon Heights Code, to read: Subdivision 25 d 12. No more than six (6) additional vehicle trips per day shall be generated by a home occupation. Any need for parking generated by the conduct of such home occupation shall be met off of the street only on the driveway of the dwelling or in the garage. Section 3. A new section 9-14.02 Subdivision 25 d 18, relating to permitted space provided for a home occupation is hereby added to the Falcon Heights City Code, to read: Subdivision 25 d 18. Not more than twenty (20) percent of the gross area of the dwelling unit shall be used to conduct a home occupation. The appearance of a residential dwelling shall in no way be changed or altered in a manner which would cause the premises to differ from its residential character. Section 4. This ordinance, .passed this day of ,shall become effective upon publication. • 2 INCORPCtRATEI~ CONSULTING PLANNERS LANDSCAPE ARCHITECTS .300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612339.3300 August 2, 1993 Susan Hoyt City administrator City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 AUG 2 ~+ 1993 We have reviewed the City's Home Occupation Ordinance and compazed it to ordinances from other communities including the ones you sent us. The attached summary lists the items you brought up, together with items commonly found in home occupation ordinances. Overall, Falcon Heights ordinance does not seem much worse or much better than most other ordinances addressing home • occupations. Some City ordinances are very specific while others aze very general. If the City is 1. Requirements that the business be clearly secondary to the residential nature of the home. considering changes to the Home Occupation Ordinance, it is important to address any problems that have occurred. For example, is there confusion about what uses can be considered home occupations? Have there been complaints about permitted home occupations concerning traffic or noise? These types of problems may help point to needed changes (if any). In addition to the attached spreadsheet, you brought up six items in particular which I've addressed below. Falcon Heights is similaz to most communities in stating that a home occupation is secondary or incidental to the primary use of the dwelling. Your ordinance says this in the definition section, some say it under purpose. In addition, the requirements section currently in you ordinance helps to clarify this. If there have been problems with interpretation or enforcement of this, you may want to consider modifying the requirements. 2. Requirements regarding trips and deliveries to home occupations. There is a wide variation in how communities deal with this item. Your ordinance says that normal residential traffic should be maintained, other communities set specific limits on the number and type of trips that are allowed. New Brighton for example allows four additional vehicle trips per day while Cottage Grove allows 20 Vehicle Trips per day. Specifying trips per day would help clarify your ordinance. 3. Requirements regarding remodeling to accommodate a home occupation. • Falcon Height's Ordinance, like most other communities, states that the residential character of the ~ g,_~4--FRf]M_-F`i~L TO Jt~W-.c.'.~~~0 t ... • • q- ~• H-~~.~~~ Subdivision 25. Home Occu~ations.__ r~1~.s1i ~.~4 3 a, pi,~,,-pose. The purpose of this subdivision is to define and regulate home occupations so as to permit only those home occupations that are compatible with .other permitted uses and with the residential character of neighborhoods. An additional purpose of this section is to protect health, safety, and general welfare of the surrounding neighborhood. No home occupation shall be permitted which does not conform with the def inition, procedures and requirements which follow in this subdivision. b. Definition. A home occupation is a gainful occupation carried 4n in a dwelling unit, and not in any accessory building, within a residential district. The occupation shall clearly be secondary to the use of the dwelling far residential purposes,. and shall not change its character. • c. Procedures. No person shall conduct a home occupation without first having obtained a license from the Zoning Administration and the approval of the Council. Applications for licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for compliance with the requirements set forth in provision (d). If the Zoning Administrator denies an application for a home occupation license for failure to comply with the requirements sez forth in provision 112 tl~' " ~ .,f - • c~ I~1Q~ • 462.357 HOUSING, REDEVELOPMENT, PLANNING, ZONING 9406 should not be excluded by munici al i di - _ 9407 p zon ng or nances or other land use regulations - from the benefits of normal residential surroundings. For purposes of subdivisions 6a sisten with ~' other through 9, "person has the meaning given in section 245A.02 subdivision 11. _ ~ - :. ~ _ ~ , .:; ~ _ Subd. 7. Permitted single family use, A state licensed residential facility serving six - prohibit certain clas with the com rehen P n ~ or fewer person a licensed da care facili servin 12 or fewer ersons and a ~ . Y h' g p group family day care facility licensed under Minnesota Rules parts 9502 0315 to 9502 0445 lion of a gricultural 1~ for the purpose of p: , . . to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning. _ terns. The regulation = : surface developmer. .Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision =_ potential mined unc 141, and access then 7 or in any town, municipal or county zoning regulation as authorized by this subdivi- ~ for any tracts lots lion, a state licensed residential facility serving from 7 through 16 persons or a licensed , obtained. day care facility serving from 13 through 16 persons shall be considered a permitted ' The regulations multifamily residential use of property for purposes of zoning. A township, municipal struction and installz ~r county zoning authority may require a conditional use or special use permit in order - " and similar utilities to assure proper maintenance and operation of a facilit y, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other ., ~ pality of a cash dep ~: conditional uses or'special uses of residential property'in the'same zones, unless the ' _ amount and with su: ~ utilities and improve additional conditions are necessary to protect the health and safety of the residents of lions of the municip: the residential facility. Nothing herein shall be construed to exclude or prohibit residen- - made by a subdivide tial or day care facilities from single family zones if otherwise permitted by a local zon- i The regulation ng regulation. s ~ ance with other requ History: 1965 c 670 s 7,• 1969 c 259 s 1; 1973 c 123 art 5 s 7,• 1973 c 379 s 4; 1973 and to execute dev c 539 s 1; 1973 c 559 s 1,2,• 1975 c 60 s 2; 1978 c 786 s 14,15,• Ex1979 c 2 s 42, 43 • 1981 _ = approval. The munic: , c 356 s 248; 1982 c 490 s 2,• 1982 c 507 s 22,• 1984 c 617 s 6-8,• 1985 c 62 s 3; 1985 c 194 ate legal and equitab: s 23; 1986 c 444,• 1987 c 333 s 22; 1989 c 82 s 2,• 1990 c 391 art 8 s 47,• 1990 c 568 art Subd. 2b Dedi~ 2 s 66,67 . ~_ proposed subdivision -- - -- - _ roads, sewers, electric • or ponds and similar In addition, the r ~~ ~ ~n subdivision be dedicr dC . public use as parks, p~ municipality may ch- for part or all of thr . based on the fair mar. (b) any cash payment: used only for the purl reasonable portion to' recreational, or Comm for the subdivision , a: to acquire that portion -~ approval of the subdi~ Subd. 3. [Repealer -~~ ==° Subd. 3a. Platting `=~ cels, tracts, or lots, sha '"~ which create five or m ~ platted. The regulation. ~~< address subjects simila • ~ • ~'~• Subd. 3b. Review -. the content of applicati = and approval or disapp `.~ affected political subdi• ' ." .consolidation ofthe pre v,IStons. Preliminary or aPPlications. The regu? finning commission t • , egg body of the mun JUN-23-1993 ©9 ~ 24 FRC1M FALCON Ht 1 liH l 5 G ! I T iu fG1GJ11 C-. J.J PLP.NNING & DEVELGPMEN'f 9-1~ . 02 (d), an applicant may apply for a conditional use permit, the consideration and disposition of which shall be i.n accordance with Falcon Heights code Section ~~r 9-15.OA. d. Requirements. 'z'h.e following requix'ements shall apply to home occupations within the City of Falcon Heights. 1. No home occupations shall be permitted which, in the opinion of the Zoning Administrator, may be detrimental to adjacent or nearby residential amenities; 2. No home occupation shall be permitted which, in the opinion of the City Fire Chief, may increase the risk of fire or use of rescue squads at a greater level than would normally be expected in a residential district. 3. Exterior storage shall not be permitted. • 4. Adequate otf-street parking space foz the home occupation must be available as approved by the Zoning Administrator, however, no home occupation shall be granted that creates the need for more than two (2) parking spaces in addition to those already used by the occupants. of the dwelling. 5. No accessory uses ~.n cor-junction with a home occupation shal], be permitted. 6. No home occupation shall be permitted within an accessory building (as defined in this Chapter). 7. No signs other than those normally utilized in. a residential district shall be permitted. 8. No over-the--counter retail or wholesale sales shall be permitted; 9. Entrance to the home occupation shall be gained from within the structure with no separate exterior entrance; 1.0. No stock in trade shall be stored on the :• premises; f 113 .. JUI`1-CJ-177J C!7•CJ f-fCUI'1 rl"ILI.UIY flC l Ul'IIJ 1.1 l T IU ~tf1GJ11 r. bb ~. PLPI+INING & DEVELOPMENT 9 -,l g . p 2 11. only occupants of the dwelling unit may engage in the home occupation; 1z-. No traffic shall be generated by a home occupation in greater volume than would normally be expected i.n a residential district; J.3. No home occupation shall be permitted which requires the use of commercial vehicle more often than would normally be expected in a residential district. For the purpose of this subdivision, commercial vehicle shall be defined as a non-passenger vehicle (as passenger vehicle is " defined in Falcon Heights Ordinance Section 94.01, Subd. 5d. 14. No home occupation sha~.l produce light glare, noise, odor or vibration that has an objectionable affect on a nearby property; 15. No equipment shall be used in a home occupation that creates electrical interference to • surrounding property owners' radio or television signals; ~.6. No home occupation shall be conducted between the hours of 9:00 p.m. and 9:0o a.m. on weekdays, or between the hours of 6:00 p.m. and 10:00 a.m. on wee}:ends and holidays; ~.7. No home occupation shall cause an increase in sewer or water usage that exceeds the normal range for residents in the City. dwelling not be altered in any way. The most specific (St. Paul) states that "no structural alterations or enlazgements shall be made to the dwelling for the primary purpose of conducting the home occupation". Your ordinance seems adequate in this point. 4. Requirements regarding notification of neighboring property owners of proposed home occupations. Falcon Heights currently does not require notification. About half of the communities require notification before the permit takes effect and the other half require no notification S. The usefulness of specifically listing permined home occupations. Falcon Heights does not specifically list permitted or non-permitted uses as home occupations. Some cities list both specifically permitted and prohibited uses and/or examples. The benefit of specifically listing ty~ of uses that are permitted help citizens decide if they need to apply for a permit. Likewise listing types of uses that are strictly prohibited are useful in the initial inquiry process so that the applicant is aware how reasonable or not their request is. Non-permitted uses typically include things such as automobile repair, machine shops, food service and welding. Permitted uses usually include things such as professional offices and home crafts. 6. The usefulness of a conditional use permit for those that don't conform to the code - is it better just not to allow those that don't conform to the code? Yes, it is better W just not allow uses that don't conform to the code. If a use does not meet the • standazds of a home occupation, it is probably better suited for a business or industrial district. Of course the City should maintain the conditional use or 'variance' fors cial cases. The City of St. Paul allows 'variances' to the requirements of home occupation standards only to those that can show some type of handicap (including allergies, mobility impairment, or any other handicap that can be documented that would require the person w conduct business out of their home). Another item the City may want to consider adding w the home occupation ordinance is limiting the amount of a dwelling which can be used. Some ordinances specify one room, and others specify 20% and 25% of a dwellings floor area. A percentage of floor azea is more reasonable and enforceable than an amount of rooms. Please let us know if you need any additional information on this. Sincerely, DAHLGREN, SHARDLOW, and UBAN INC. -- v`~, Lynn 1v1. 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(d ~ O i N O ~ N ~ m m ~ ~ ~ ~ ~' . ~c n n n ~ ~ `i: f A Q` . ~' ::.%:::~i • ~ ~ T ~~ ~ cPo ~ Qt ~ o ~. 3~ ~~ O O ~ Z Z Q O _ 3 ~ m 3 x 0 3 m O 5. w 0 n ~~ St, m' Planning Commission Date: 10/25/93 Agenda Item: 5 Item: Public hearing on adopting the Uniform Housing Code with amendments to use for enforcing public health and safety in the residential housing stock Submitted by: Susan Hoyt, City Administrator and Paul Colton, Planning Assistant Explanation: At the August 23 Planning Commission Meeting, the staff recommended that the city adopt a uniform housing code in order to protect the public health and safety in circumstances where a structure or dwelling unit is unsafe and unsanitary. At this time the staff is recommending adopting the Uniform Housing Code which is prepared and recommended by the International Conference of Building Officials. This is the same organization that prepares the Uniform Building Code and Uniform Fire Code that the city adopts and uses. The city's building official says that this housing code works very well with the Uniform Building Code. He uses it for the City of St. Paul Park. Given the good condition of the city's housing stock at this time, staff recommends that the city use this only in cases when enforcement of health and safety and sanitary conditions is necessary in conjuntion with Ramsey County Health officials, who enforce health and safety criteria but are more effective with a housing code. Given the age of the city's housing stock, the city may wish to consider a more locally tailored housing code to use in atruth-in-housing or certificate of occupancy program in the future. Staff is currently reviewing and revising the appeal procedures. This will be available for discussion on Monday. Attachments: 1. Table of Contents for 1991 Uniform Housing Code (most recent version -IF YOU WANT A COPY OF THIS -PLEASE LET US KNOW AND WE'LL GET YOU ONE. IT IS NOT TERRIBLY DIFFERENT FROM TEH 1985 ONE THAT YOU RECEIVED EARLIER. 2. Draft ordinance adopting a housing code. • Action requested: • 1. Staff report on purpose of code 2. Hold public hearing 3. Discuss the code and usefulness to city. 4. Make recommendation • • Qa ^. N R1 to e+1 eh et ~ h ~D ~O ~° [~ 00 O .~. ti ~ ~ 00 O~ O, ' .~ Oc~ V ~ c E ~ ¢ ~ a c ~ y c o U _E > ~ W cr`°i '° a~i ~ ~° : c c ~ ~ W c v L '~ ~ .~ •° = '~ •°~ m o ~ A ~ •a ~ is ~ eo ~ W .~ W ' '~ > o m ~ ~'•' o °~ ~+ `Q E d ,,, ~, c '2 v ~ y ~ 3 v ~ t .5 m ~ D. `a m '~ v ~ c '~ coi •' ~' ~ na. `c ~ a o' c m d ~ y m ~ a ~ 8 ,soyo'~ i c ° m _ " c a> c ~ ~,., ,:. 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V1 v'1 ~. ~O ~D ~O ~O ~O ~D `O ~O ~O ~O ~O ~O • a W~..r.. ~ W., r..'.,~ Wa w a w~ a ua ~~~~~ Q~ Q~ Q ~ Q~ Q ~' U U V U U Z • CITY OF FALCON HEIGHTS O R D I N A N C E Date AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE RELATING TO THE ADOPTION OF THE UNIFORM HOUSING CODE The city Council of the City of Falcon Heights ordains as follows: Section 1. Anew section 9-2.16 is hereby added to the Falcon Heights City Code, to read: 9-2.16 Uniform Housing Code • Subdivision 1: The uniform Housing Code, published by the International Conference of Building Officials, as hereafter amended, is adopted by reference thereto as the Housing Code. The city clerk shall maintain an official copy of the Housing Code for public use and inspection. Subdivision 2: Amendments to the Uniform Housing Code: The Uniform Housing Code adopted herein by reference, is amended in the following respects: a. Housing and Advisory Appeals Board. Section 203, paragraph (a) is amended to read as follows: Under R~v-Ec~J, l~J~~`~ h2 disC~s3ec~ C~.`~ 11~~n-~~~n~ ~~~~'+`SSia,~ Mee 4-ivl~~ Z b. General Permits and Inspections Section 301 is amended to read as follows: r~ LJ • No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Chapter 9, section 2.15 of the City Code. c. Fees. Section 302 is amended to read as follows: Whenever a building permit is required by section 301 of this code, the appropriate fees shall be paid to the building official as specified in Chapter 9, section 2.15 of the City Code. d. Definitions. Section 401 is amended to read as follows: (i) Add the words "pursuant to Chapter 9, Section 2.15 of the City Code" to the definition of Building Code. (ii) Amend the definition of Plumbing Code to read as follows: "Plumbing Code is ~ the State of Minnesota Plumbing Code." • (iii) Amend the definition of Mechanical Code to read as follows: "Mechanical Code is the State of Minnesota Mechanical Code. e. Space and Occupancy Standards. Section 502, paragraph (b) is deleted and the following inserted in its place: 502 (b) Yards. Every yard shall conform to applicable requirements of the city zoning code. f. Substandard Buildincrs. Section 1001, paragraph (i) is amended to read as follows: 1001(1) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Marshal, or his or her deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. / Section 2. This ordinance, passed this day of shall become effective upon publication. • • ~ FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675 15 October 1993 MEMO TO: Planning Commissioners FROM: Susan Hoyt, City Administrator RE: Report on options for regulating commercial uses in the Snelling and Larpenteur Commercial District that are included in the commercial development moratorium 1. BACKGROUND There are eight uses listed in the city's commercial development moratorium. These are: • adult uses • personal service establishments that are not adult uses, specifically therapeutic massage • pawn shops • precious metal dealers • second hand goods dealers • pool halls and game arcades • check cashing facilities • stores that sell ammunition or firearms At the September, 1993 planning commission meeting, staff provided the commission with information on how some cities control these uses through HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE PRINTED ON RECYCLED PAPER 7AFE t71Y LLS1 Page 2 zoning and licensing. The commission discussed the eight uses and requested staff to further research on: • What impacts might result from the inclusion of these uses in the city's Snelling and Larpenteur Commercial District? • What characteristics make .Falcon Heights's unique for regulating commercial zoning uses? • How the neighboring cities of Roseville and St. Paul regulate these uses? II. KEY POINTS ON DECIDING HOW TO PROCEED Staff met with the Peter Bachman, the city attorney, to further define what options are legally available and reasonable for the city to pursue in controlling these uses. Although this information may not be new to you, it is useful to summarize it. A. Under its statuatory police powers the city has the authority to adopt ordinances, including land use ordinances that protect the health safety and public welfare A use may be controlled bv• • zoning -permitting it or not permitting a use in a zoning district • zoning with conditions on where, when and how a use operates • licensing requirements • a combination of zoning and licensing B. Under Section 9.201 Subd 3 in the citv's zoning code if a use is not listed as a oermitted or conditional use in the district it is not allowed in the city. The council may pass a resolution finding that a use that is not specifically listed in the zoning code is similar to those uses that are listed, and therefore, should be allowed. C. A challenge may result from not including a use if the use is deemed similar to anther use that is listed as a oermitted or conditional use in the zoning district • Therefore, the commission must review the current list of permitted and conditional uses to make sure that they clearly identify uses that create the desired business environment in the Snelling and III. OPTIONS ON HOW TO PROCEED WITH INDIVIDUAL USES • After doing some furhter research and thinking about each of the eight uses, staff realized that to do an impact study on each use would be time-consuming and unnecessary if there are other ways to effectively regulate these uses. Therefore, staff compiled a list of options for the commission's review. For the purpose of moving this along and to direct discussion the options include staff recommendations on how to proceed. These recommendations will be discussed at the planning commission meeting. * Staff recommendations Adult uses *Option 1 Prepare a secondary impact study based upon other cities' work, then adopt an ordinance with conditions that permits an adult use establishment to locate in a specific place. Option 2 Exclude. *Option 3 Prepare a secondary impact study based upon other cities' work, then determine whether the impacts warrant excluding the use. Personal service establishments s ecificall thera eutic massa e *Option 1 Permit with licensing. Option 2 Exclude. Option 3 Prepare an impact study to determine whether the impacts warrant excluding the use. Pawnshoas including precious metal dealers that sawn merchandise Option 1 Permit with conditions and licensing. Option 2 Exclude. *Option 3 Prepare an impact study to determine whether the impacts warrant excluding pawn shops. • Precious metal dealers without any pawning activity Option 1 Permit with licensing measures. Option 2 Exclude. Option 3 Prepare an impact study to determine if the impacts warrant excluding this use. * See Secondhand goods dealers- Secondhand goods dealers Option 1 Permit the use with conditions and licensing requirements that control the use and limit the number of such businesses. Option 2 Permit the use with conditions and licensing requirements that allow secondhand goods as a maximum percentage of the business inventory activity or restricts sales of used electronic goods, precious metals, items with ID numbers. *Option 3 Permit only specialty secondhand goods dealers. *Option 4 Permit secondhand goods dealers that do not purchase used goods on site, but are traded on-site or purchased off-site. Option 5 Exclude. Option 6 Prepare an impact study to determine if the impacts warrant excluding this use. Check cashing facilities *Option 1 Permit with conditions and licensing including a maximum of one such business. Make the conditions stringent enough that the business, if it locates here, will not negatively impact the business district or surrounding neighborhoods. Option 2 Exclude. Option 3 Prepare an impact study to determine if the impacts warrant excluding this use. U ,.- Pool halls and Qame arcades i• Option 1 Permit one pool hall and game arcade (combined) with conditions requiring security and limited hours. Option 2 Exclude. Option 3 Prepare an impact study using previous Falcon Height's information to determine if the impacts warrant excluding this use. *Option 4 Permit a bowling alley to include a limited number of pool tables (#/square foot) and games (#/square foot) as a secondary use through licensing. Stores selling firearms Option 1 Permit the use with conditions and licensing. (*)? Option 2 Permit a retail establishment that sells specific types of new firearms and ammunition as a portion of a larger sporting goods business. Conditions may be placed on the display and security of those items. Option 3 Prepare an impact study to determine if the impacts warrant excluding this use. moratori.opt • IV. CONCLUSION A. The following items needs to be accomplished to complete the next steps toward concluding the commercial development moratorium 1. Clarify the purpose statements in the commercial zoning districts. 2. Review and clarify definitions of permitted uses, particularly general retail uses and financial uses. 3. Develop definitions of adult uses, pawn shop, precious metal dealers, secondhand goods dealers, check cashing facilities 4. Follow the commission's direction for each use. e f-~ ATTACHMENTS: 1. Summaries of zoning for adult use, pawn shop, precious metal, secondhand stores for Richfield, Minneapolis, Roseville, St. Paul 2. Portions of study and findings for adult uses, City of Ramsey 3. Locations of pawnshops in vicinity of Falcon Heights 4. Licensing and zoning summaries of metro area cities from planning commission agenda on 9/27/93 • • ..~. ~I Richfield Adult Use: Zoning: No zoning requirements for adult use are in place (no adult businesses have approached the city), but the Zoning Administrator indicated that an adult use would have been conditionally permitted in any of the business zones. Adult uses -are currently under investigation for approximately the next year in order to determine how to best zone this use. Pawnshops Zoning: Permitted in all business districts without restrictions or conditions prior to the moratorium. The city council believed that greater restrictions needed to be placed on these types of business in order to promote the health, safety, and general welfare of the community. Under the recently proposed amendment (based on a study recommended by the city council) pawnshops will be a conditional use in C-2 district (general commercial district) and industrial districts. Conditions for the granting of the conditional use permit have been established to protect and promote the public health, safety, comfort, aesthetics, economic viability, and general welfare of the City and its residents. * Cannot locate within 1,000 ft. of schools, church, day care center or public institution, or other permitted pawnshop or secondhand goods store. * Cannot locate within 250 ft. of residentially zoned property.(Distance restrictions are not included for parks, with relation to these zoning requirements.) * Three of the permitted areas are located along the 1-494 corridor and two of the permitted areas are located in areas that meet the 1,000 ft. requirements. License: Required, and includes any person engaged in the business of selling or receiving tangible personal property previously used, rented, owned or leased items including the following: * items with a serial number or I.D. number * cameras _ * electronic equipment (audio, video, computers, and related equipment) * precious jewelry or gems, and precious metals '` artist-signed or artist-attributed works of art * guns • Precious Metal Zoning: Treated License: Treated • the same as pawnshops. the same as pawnshops. Secondhand Goods Dealers Zoning: Treated the same as pawnshops. License: Treated the same as pawnshops. Roseville Adult Use Zoning: No zoning requirements License: No license requirements Status: Roseville currently has not been approached by anyone interested in establishing an adult business. Pawnshops Zoning: Permitted Use in B-3 district (General Business District) Licensing: No requirement Status: Roseville currently has no pawnshops within the city. Precious Metal Zoning: Same as Pawnshops Licensing: Same as Pawnshops Secondhand Stores Zoning: Same as Pawnshops Licensing: Same as Pawnshops Status: Specialty secondhand stores Bloomington Adult Use Made findings of secondary impacts Zoning: All Industrial Districts (Subject to anti-blight regulations) Conditions: Adult uses may not be located within 1,000 ft. of any residential district and within 500 ft. of a church, a state licensed day care facility, public library and education facilities which serve persons 17 years and younger. Licensing: Required Pawnshops Zoning: B-3 zone, General Business District (Centralized areas for businesses that do not belong in shopping centers, and for highway- or automobile-oriented businesses.) (Approximately six properties are zoned B-3.) Licensing: Requirements Hours of operation: No dealer shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. Precious Metal Zoning: Same as Pawnshops Licensing: Same as Pawnshops Secondhand Stores (treated as general retail) Zoning: B-2 zones (compact centers for retail sales and services) and B-3 zones. Licensing: No Requirements Minneapolis Adult Use Zoning: Special districts have been established for adult uses within the downtown commercial area B-4 district. This area is designed to accommodate central retail office and wholesale activities of citywide and regional significance. Currently there are two adult zones within the B-4 district. The following conditions are applied: * Cannot be located within 1,000 ft. of any residential district or; " Cannot be located within 500 ft. of a church, a state licensed day care facility, established prior to Nov. 1, 1986, public library and education facilities which serve persons age 17 or younger. Licensing: Requirements Pawnshops Zoning: Conditional use in the 63S district (general commercial). " provided no other eleemosynary, secondhand store, rummage shop, or pawn shop is located within 1,000 feet. Licensing: Requirements Precious Metal Dealers Zoning: Same as Pawnshops Licensing: Same as Pawnshops Second Hand Stores Zoning: Same as Licensing: Same St. Paul Pawnshops as Pawnshops Adult Use Zoning: B-3 (general business),B-4 (central business district) B-5 (central business service district, and I-2 (industrial district) with the following conditions: For B-3 and I-2 districts: * Adult uses must locate at least 2,640 ft. from other adult uses; * Adult uses must locate at least 800 radial ft. from any residentially zoned property; * Adult uses must locate at least 400 radial ft. from any "protected use" including day care centers, house of worship, public library, schools, public regional park or' parkway, public park, public recreation center or recreation facility, fire station, community residential facility, a mission or a hotel/motel. For B-4 and B-5 districts: Adult uses must_locate at least 1,320 ft. from other adult uses; * Adult uses must locate at least 400 radial ft. form any residentially zoned property; "` Adult uses must locate at least 200 radial ft. from any "protected use" including day care centers, house of worship, public library, schools, public regional park or parkway, public park, public recreation center or recreation facility, fire station, -: community residential facility, a mission or a hotel/motel. Licensing: Requirements Pawnshops: (treated as general retail) Zoning: Permitted in all business districts Licensing: Requirements Precious Metal Zoning: same as pawnshops Licensing: same as pawnshops Secondhand Goods Dealers • Zoning: same as pawnshops Licensing: same as pawnshops • • c. rid ~ ~ '~•4-,~,~s ~ y' 2 ~~ctc-T- uSF BACKGROUND RESOURCES AND GENERAL FINDINGS In analyzing and evaluating adult uses, there were two primary categories of resources utilized. The first source involved numerous studies and background materials from throughout Minnesota and the nation as a whole. These references which are on file at the City offices are: Report of the Attorney General's Working Group on the Regulation of Sexually Oriented BusinesseC, June 6, 1989 Rochester/Olmsted Planning Department Adult Entertainment Research Report, March 2, 1988 ASPO Planning Advisory Service Report #327: Regulating Sex Businesses by William Toner, May 1977 ' Adult Entertainment Businesses in Indianapolis, An Analysis, February 1984 Relation of Criminal Activity and Adult Businesses; Prepared by the City of Phoenix Planning Department, May 1979 American Law of Zoning: 17.01 American Law of Zoning: 17.02 Application of Miller's Test by Jury Surveys o~f X-Rated Pornographic Activity in Dakota County 1986- 1989, May 20, 1989 Law Enforcement Cooperation; National Coalition Against PornograpY~y; Inc . Pornography Changes Attitudes and Actions, June 1989 Pornography Destroys; Dallas Association for Decency Uncovering Obscene Materials - A Mother's Approach Adult Entertainment, Supplement Study, St. Paul Division of Planning, 1988 - Adult Entertainment, 40 Acre Study, St. Paul Division of Planning, 1987 City of Coon Rapids, City Code-Licenses 2 Director's Report, Adult Entertainment, Department of Construction and Land Use, City of Seattle, Washington, August 1989 City of Renton, et al, Appellant V. Playtime Theatre, Inc., et al, [475 US 41] [No. 84-1360] City of Minneapolis City Code The second category of resource of information was from the City of Ramsey itself. This included a public hearing conducted by the Ramsey Mayor, City Council, Planning Commission, and staff which was held on 29 May 1990. Again a transcript of the hearing is on file in the Ramsey City offices. Another local source was Ramsey Police Department complaint records dealing with adult use activities presently existing within the City. These records are also on file at City offices. In summary, these background resources have established the following: 1. -Activities defined as a Amendment to the United States Constitutioprotected by First 2• A community must provide reasonable opportunity for adult ' uses to exist. The Renton Washington Supreme Court case provides a guidance i thi n s regard. 3. Adult uses may produce a secondary impact or affect which is judged as ' ,~ negative to t e ea t safety, and general welfare of the community and as a result,- these secondary i mpacts or affects can be controlled. ~ 4• ,~ A community due to the secondary impact of adult uses can regulate s h uc activities and restrict their proximity to sensitive activity sites which are typicall orient d d y e towar minors. I' S. Due also to secondary impacts, a communit can maintain the _ separation of adult uses from one anothery 6. A community has the right to police adult uses to insure they are operating in a fashion where the secondary impacts or affect s are mitigated to the extent possible. 3 . ZONING CONTROLS Definition and General Provisions: In organizing land use regulations within the bounds allowed by law, there is a need to define the topic which is being addressed. Pages 1 through 5 of Exhibit "A" of this report provides such a reference. This material is founded upon previously established regulations with a primary source being the City of St. Paul. The proposed definition section of the Zoning Ordinance does, however, take a somewhat unique approach in that adult uses principal and accessory are distinguished as differing types of activities. This also sets the format for subsequent zoning as well as licensing approaches. -. The definition section is intended only to identify the types of activities being addressed. It does not by design provide regulatory controls. A general provisions section text amendment is proposed to provide the first element of use directives. These provisions are applicable to all adult uses regardless of the specific district in which they are located. This material is also cited in Exhibit "A", beginning on page 32, and should be referenced for specific details. Of note is the fact that it is this section which establishes separation limits between adult uses as well as between adult uses and other uses where secondary affects cause concern for compatibility. District Text Application: So as to~provide specific opportunity for adult uses to exist within the City of Ramsey, an analysis of the Trunk Highway 10 Corridor Study (January 1988) and the existing City of Ramsey Zoning Ordinance text and map was conducted. This evaluation suggested that the present commercial and industrial zoning districts within the City are exceedingly broad and lack use definitions and direction. This situation which is somewhat beyond the specific adult use issue has prompted the recommendation that two new zoning districts be created. While maintaining the existing B-1 which is a comprehensive commercial zone and also the existing B-2 which is a more limited neighborhood district, a B-3, Highway Oriented Commercial Business District has been formulated. As the title implies, this B-3 district concept is focussed on convenience type, major volume street and highway oriented activities. Such uses characterize the Highway 10 corridor in the Community which is intended as the focus of the district's application. This new zoning district also complies with directives established by the Highway 10 Corridor Study. In addition to the B-3 zoning district being a primary zone to accommodate adult uses which are classified as a principal activity, the zone also accommodates the majority of activities presently existing in the Highway 10 area. Note should be also made that upgraded standards and 4 • r~ i i~ I~ I~ i ~ ~ development criteria have been suggested for those activities requiring conditional use permits. Adult uses - principal and accessory are, however, considered permitted uses. So as to insure adequate opportunity is provided for adult uses, the city's industrial zone was also analyzed as a possible option. Again, the present I-1 District was found to be exceedingly broad in coverage and as a result felt to be lacking in providing_ adequate control to maintain overall land use harmony and compatibility. As a result, a new "B-W" Business Warehousing District is being recommended and text so drafted. This district, which again coincides with the recommendations of the Highway 10 Corridor Study, is seen as a transitional zone, blending both commercial and industrial uses and. serves to provide a harmonious and progressive change in use activities. In general, this district has upgraded conditional use permit standards, although adult uses, both principal and accessory are classified as permitted use activities. These proposed new zoning districts in text format are outlined as part of Exhibit "A", pages 43 through 54 of this report. A thorough evaluation of their coverage and content needs to be conducted. In undertaking such a review, the City should consider the various new techniques which are provided as possibly being applicable to all districts presently existing within the ordinance. The present B-1 district was also evaluated as a possible means to provide opportunity for adult uses. The utilization of this zone as a~basis for commercial use throughout the community makes questionable, however, the desirability as well as applicability of this zone accommodating adult uses which are classified as principal uses. As a result, adult uses within the B-1 District are suggested to be only the accessory type. Due to the changes in format and content in the two proposed new zoning districts, the study was expanded to include a similar ~ type approach for conditional use permit activities in all commercial and industrial districts of the Zoning Ordinance text. I' This uniformity and consistency of approach is viewed as essential in maintaining a sound legal basis for equal treatment of uses. Note should also be made that the. processing and procedural section of the Zoning Ordinance for conditional use I~ permits (see pages 7 through 15, Exhibit "A") have also been - upgraded and clarified. 5 • District Map Application: Proceeding on the assumption that new B-3 and B-W Districts will be established by the City of Ramsey, the geographic map application of these zones has been evaluated. On an initial basis, the proposed zoning map illustrated in Exhibit "B" delineates the suggested areas for these zones. In summary, a majority of the present B-1 zoning fronting and paralleling U.S. Highway 10 is proposed for the B-3 District. Thee area immediately to the north of the proposed B-3 District, north of the railroad line is suggested for the B-W zone. This application implements the districts being designated to areas reflective of the intended use and character, plus creates the progressive use change and transition concept previously discussed. The City will have to thoroughly review and assess the proposed mapping which is suggested. • 6 • ~ ~,. CQ `"` ~'- Y 'S: ?, ,C. -~s K' L~ '_ ~" 1 . . -p } t ~, t~~ ~ - ~ -- j .: . z~~ ~~ '~` `- , ~ ~ _ ~..:_ ~, } ~_, ~ } fl 37 T :~'"x' ;, ' /: ; , C ~ T •. .. . r ~ ~ + ' ~'.. - <~~~ ~~ ~S ~~ rr t . ~ ~ s .. ~ p ~S ova ~; ` . ~ ~ t ~ _ ~ . _ N ~ V~ r a. _ ~ ~,, ,i - . iS alEa , ' M - ~ ; . >` s _ ~~ > ..: ~,.. ~ 3u~a~v , C~ o ¢ cn - m ,. .... , --~ ny wi{a~ ~ _ = m ~ m ny nnawr t ;, ;.;..a ~~ ~,. . v, i:i'F~1•°`^tN h:i,~.;{:`. 'if;.Y.~~ti:ii~ gi'I:JI~~-°`~~ii':~. ~rn.~~.~yio:;q.;.... - 4-* "~ t ~ tt t / _~ 1. _ ~ _ ~~_ t t y y s CO ~ __~~ = ~ ` _ ndt ~ 438 y ~ ~ - ~ N _ C ~ : t, tit ~~~ ~''~-' _ -~~~~~ Q ~~~ ~ .t ri ~ru/ h; r'i y M~Y~ t//11 ~ ~ X' . tl. '`~sr~ M .fit ; ~ ~ Cn ~ t z 5.., ti. ; • ~ ~.. > n E~ ua a ~. s ~ d I 3 ~ ~ ~ T,., ~~n cn t ~~,~~ ~ _ ~ r' ~ dam' C` j `~ ~ ~ •~ _j`~}~j'r.~ t... (Sw•~ ~ X L...Cc~ ~ ~ c .•n ~ Y C .wY. ,~ F .. .~ ' ~- N Ctt~ttiZ, r ~ j ° . z ~: K3 n 3PlagWaH d _ _K-: i auuaH = ~~ ~. t ~ .~ :'cam. k l:Q ~ ' ,,. .~ `..v ` A . ` onin~ and 1/icensing 1Zecl~iremenis of Selec~ed 14.~e1ro Cities for, the followzn~ uses: Precious Pvie~al Dealers, P-awn Shops and Seconc':hand Sores, dun Shops, Acl~.~lt Uses, l~as5age Parlors, Pool Halls ,video Arcades and Ho~~e Dccupa~orzs. Precious Iv~e~al Dealers, Pawn Shops and Seconc'~hand. Sores Definitions: Precious '\letal Dealer: Any person engaging in the business of buying secondhand items containing precious metal (gold, silver, platinum); including, but not linuted to, je~~•elry, ~~~atches, eating utensils, candlesticks and religious and decorative objects. Defined byT: Cities of ,~-lirtnea~olis and St. Louis Park. Pa~~~n Broker: A person ~~-ho loans money on deposit or pledge of person~~l property, or other valuable thing, or ~vho deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or ~~~ho loans money secured by chattel mortgage on person~~l property, taking possession of the property or any part thereof so mortgaged. Defined by: Cities of ~~'IittttcaJ~olis, f~loomin~,totz, ~lj_~~lc ti'alley, atr~ St. Louis Park. • Secondhand Goods Dealer: .any person, partnership, firm or corporation «~hose regular business includes selling or receiving any tangible personal properties, excluding motor vehicles, previously used, rented or leased. The term secondhand goods dealer shall include pa~~mbrolcers. Defined by: City of 11.1ittttea~olis Special Note: Precious ~~Ietal Shops are lr~en~~d by the County according to State Code 325F.731-74~. According to Code 325F.742 Government Subdivisions; Government Subdivisions have the right to regulate or license precious metal dealers within its jurisdiction in a manner more restrictive than laws 1981, chapter 333 section 1-17; provided, that transactions described in section 325F.732 subdivision 2, shall not be regulated in a manner inconsistent ~~-ith la«-s 1981, Chapter 333 Section 1-17. :aanples Prom 1-he I~~f~=~ro Aria: City ofBloontington: (Precious Metal Dealer) • Application Fee: X1,545 1 Investigation Fee: S1,500........ If the investigation and verification process Es conducted solely ~~~ithin the state of A~Iinnesota, the fee shall be 5500 , ~~~ith the E emainder of the investigation fee 01,000) returned to the applicant. If investigation and verification is conducted outside the State of ~~Iinnesota, the issuing authority may recover the actual investigation costs not exceeding X1,500. I-Iotrrs of Operation: No Precious J\~Ietal Dealer or Pa~~-n Shop shall keep the precious metal dealer or pa~~~n shop dealer business --open for the transaction of business on any day of the ~~=eek before 7.00 a m or after 10:00 p.m. Zoning COild1t10E1S: PTEClous l~'letal Dealers and pa~ti-n shops are permitted in B-3 zone (General Business District). Cite of Richfield License Fee: 51,750 (Pa~~~n Shops) LzceEESe Fee: $ 300 (Secondhand Stores). LZVestigation Fee: 51,200........ If the investigation process goes smoothl~~, 5900 is refunded to the applicant. LiEnitations: Limits the number of pac~-n shops to 3 establishments ~~•ithin the cite. City of St. Louis Park: License Fee: $250 (Pa~~~nbrokers) Vote: The city limits the number of licenses permitted to 3 per year. City of Mirttieapolis: (Secondhand Dealers) License Fee: 5125 Additional Fee: $309....... for a secondhand store location ~~-here more than one secondhand goods dealer is engaged in business. Initial Fee: ~ 59......... for the initial application for a license; and upon application for a license after failing to renew the license ~~•ithin one year of the expiration date of the previously held license. Bond Required: $5,000 • (Precious ~~Ietal Dealers} License Fee: Initial Fee: application for a license expiration date of the prc 5309 59......... for the initial application for a license; and upon after failing to rene~~> the license within one 5>ear of the ~viously held license. L'oi~d P.egiiireci: 55,000 Zoni~ig Conditions: Permitted in B-3S zone (general business zone) under the following conditions: Pawnshops and Eleemosynaries (a secondhand thrift store supported by charitable contributions) are permitted provided no other elenlosynary secondhand store, secondhand store, rummage shop, or pa~~-n shop is located «~ithin 1,000 feet measured in a straight line from the respective closest property lines. This condition also applies to secondhand stores and rtul~mage shops, but does not include antique stores. Gun Shops are treated as a rebular commercial business ~~>ithout zoning or licensing qualifications. City of A~plc Valley • (Pa«•n 13rokers) Annual License Fee: $8,400 Investigation Fee: 51,500........ If the investigation process is conducted solely ~~~ithin the 7-county i\Ietro area the fee shall be 5500 and the remainin fc~> (51,000) returned to the applicant. Amendment to License: 5 75 Sond Requirement: $10,000 (Precious ~~Ietal Shops) Annual License Fee 1: $160........ (1 e~ti>er than 500 transactions per year) Annual License Fee 2: $420........ (1~Iore than 500 transactions per year) Amendment tq License: ~ 75 Sond Requirement: X10,000 Zoi-ung Conditions: Pa~~~n Shops; Secondhand stores, Precius 1~Ietal Dealers and Gun Shops are all permitted uses ~~>ithin the general business district. 3 City of Golden Vn11ey (Pai~~n Broker/Precious h~Ietal Dealer) Annual License Fee: X12,000 ~-ation and Deposit for Investigation: X1,500........ If the investib verification process is conducted solely ~~-ithin the State of ~~litulesota, the fee shall be X500, and the remainder of the deposit shall be returned to the applicant. Bond Requirement: X5,000 (Precious ~~Ietal Dealer only) Annual License Fee: $400 Zoning Conditions: Pa~~~n Shops, Secondhand stores, Precious i\-fetal Dealers and Gun Retailers are all permitted uses ~~~ithin the general business district. R 4 • ~°,dult Uses Definitions: For Adult Uses, there are numerous activities that are defined. The follo~~~ing definitions for adult use activities and related activities might include: adults-only bookstore, aelults-only motion pictrlrc theater, tnassagc parlor, rlurJity, rah Carlo=,", saulza, se:,rral collrJr;ct, sclual- c~-~-citcnrcrlt, sarlofnasncJlistic rlblrsc, rlnrl adllJt enrertarrllnent center. These definition topics are provided by the city of Minneapolis. Complete definitions for the proceeding adult use activities can be made available upon request. Ex~~nples ~ron~ the I~~etro Area Clt}' Of T/11n21£'apoliS Z011331~ Category: Adults-only bookstores, adults-only entertainment center, and aduls-only motio3l picute theaters ma}~ be located only `~-ithin the B=I Central Business District. The B4 district is the do~~•nto~~~n distict and is designed to accomodate central retail office and `vholesale activities of city~~~idc and regional significance. Currently there are t«~o adult zones within the 13=1 district. Co3lclitions: It requires that adults-only entertainment (as listed above) not be located ~~-ithin 1,000 feet of any residential district and ~~•ithin 500 feet of a church, a state licensed day care facility, established prior to November 1, 198G, public library and education facilities_ ~-~•hich serve persons age 17 or younger, an elementary school or a high school. City of Bloomington Application Fee: $1,55 Inesti ;anon Fee: $ 500 \tonrefundable, covers the cost of investigation. Zoning Category: All Industrial Districts (subject to anti-blight regulations). Conditions: No sexually oriented business shall be located closer than 500 feet from. any of the follo~~~ing residential use districts: Single-Family Pesidential, i~~Iultiple-Family Residential, Apartment Park, and Large Lot Single- Family District. City of St..Anthony Permitted Conditional Uses: Adult uses are not alloc~~ed ~ti~ithin 200 feet of a residential district. S City of Ramsey Zoning Category: B-1 Business District -Adult uses-accessory; B-3 Highway . Business District - Adult uses-principal and adult uses-accessory; B-`,fir Business/Warehousing District -Adult Uses Principal and Accessory. Adult uses - Accessor~~: rl ttse, business, or establishtnetrt ltauing rnorc titan 10%~ of its stock in trade or Boot" area allocated to, or rnorc than 20jo of its gross receipts derived front, arts/ adtclt use. Conditions: Adult Use Accessory shall: 1. Comprise no more than 10% of the floor area of the establishment in ~r~luch it is located. 2. Comprise no more than 20`Jo of the gross receipts of the entire business operation. 3. \?ot involve or include any activit~T exept the sale or rental of merchandise. Adult Llses -Principal: ~-1 use, business, or establtsltntent hauirt; more than 10;'% of its stock in h'ade or floor' area allocated to, or more than 20`x, or less of its gross rccci~ts dcri~cd from, ctnt/ adult rtsc. Conditions: Adult use-principal shall be located at least 1,000 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of: 1. 1Zesidentially zoned property, 2. A licensed day care center, 3. A public or private educational facility classified as an elemetar)~, junior high or senior high, 4. A public library, 5. A public park, 6. Another Adtilt Use -principal, 7. An on-sale liquor establishment, or 8. Any church or church related orgnization. Adult use-principal shall be limited to 7:00 a.m. to 12:00 p.m. for its hours of operation. General Provisions: Adult Uses shall be subject to the following general provisions: 1. Activities classified as obscene are not permitted and are prolbited. 2. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. 3. Adult uses, either principal or accessory, shall be probibited from locating in any place which is also used to dispense or consume alcoholic beverages. 6 Secondary Impact Study: 1'es, Available upon request. Noted in the Secondary Impact Study: Adaalt arses tray produce a secortdar~ iln~act or affect which is Judged as negative to the health, safett/, and general welfare of the eo~lrrlturtity attcl as cz result, these sccolzdary ttnpacts or affects can be controlled. A colrrnrurtity dale to the secondary impact of adult teses earl regaelare srlclz acriviries alzd restrict their proximity to scrtsitive acti~~it~ sites which are t:/]~icallti oriented toward lrrinors. Dale also to secwu~fary impacts, a colrtmattrit~ can tt~aa~ntain the separatiota ~ of adatlt arses from one alaother. A conrtrrulrity has the rid=ht to yolice adlflt uses to insr-lre thei/ a7-c ohcratin~ in a fashion where the secondary impacts or affects a7•c lnrtrgated to the extent possible. • 7 Massage Parlors Definitions ~~Iassa~e: The rubbing, stroking, kneading, tapping or rolling of the body of another ~.1~ith the hands or objects for the exclusive purpose of physical fitness, relaxation or beautification and for no other purpose "Objects" shall include, but not be limited to, powder puffs, feathers, vibrators and-like or similar objects. Pro~~ided by t]te City of Cottage Grove. ~~Iassa~ e Parlor: Any establishment or place providing to the public at large massage services, other than a hospital, sanatarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings duly licensed under the provisions of h~linnesota Statutes, sections 144.5Q through 144.69. Pro~ic~ed bi/ the City of Cottage Gro~~c. I~~Iassage Services: A business offering or providing massages to others ~~-here a fee is charged, and 1~~hether or not the massage services are rendered at the licensed location. Pro~~idec~ by the City of Cottage Grove. Examples from the Metro Area City of Cottage Grove License Fee: $200 Investigation Fee: $ 50....For any investigation time which exceeds tn~c~ hours, the applicant shall reimburse the cite $25 per hour for all time in ecxess of the lnltlal t~1'O hours, up to a maximum of $500. Restrictions on Number of License: One license per person or place; interest in more than one license prohibited. No more than one license shall Ue directly or indirectly issued to any one person or for any one place in the city. Business Hours: No customer or patrons shall be allo~l~ed to enter the licensed premises after 10:00 p.m. and before 8:00 a.m. daily. No customers or patrons shall be allo~l~ed to remain upon the licensed premises after 10:30 p.ln. and before 8:00 a.m. daily. City of Bloomington License Fees: Escort Services $1,080.00 Escort $ 54.00 Therapeutic Massage Enterprise $ 412.00 Therapist $ 17.50 Temporary Therapist $ 17.50 8 • Renewal of Therapist License ~ 8.20 Duplicate Therapist ~ 3.30 Investigation Fee for Enterprise Lic: ~ 20.00 Requirements for a Therapeu-tic Massage Therapist: An individual ~~~ho practices or administers massage to the public E~~ho can demonstrate to the Issuing Ai.Ithority that he or she: a. has current insurance coverage of X1,000,000 for professional liability in the practice of massage; b. is affiliated ~ti~ith, employed by, or o~~~ns a therapeutic massage enterprise licensed by the City; c. has completed 400 hours of certified therapeutic massage training from a bona fide school that has been approved by the issuing Authority, or has one year of experience practicing massage therapy as established by an affidavit and can document t-~~ithin 2 years of obtaining the license that he or she has completed 400 hours of certified therapeutic massage training from a bona fide school. Location Restrictions: No therapeutic massage enterprise shall be licensed if such enterprise is located on property on ~ti~hich taxes, assessment, or other financial clalms to the State, County, School District, or City are due and delinquent. Cit<~ of Vfinnetonka Licenses Required: Business License, Personal Service License. License Fee: Personal License S 50 Business License 1\~Iassage Therapist ~ 300 Other Business X1,000 Investi ration Fee: i~~Iasage Therapist Business ~ 300 Other Business X1,000 Business Hours: l~TO customers or patrons shall be allowed to enter the licensed premises after 6:00 p.m. and before 8:00 a.m. daily. \To customers or patrons shall be allowed to remain upon the licensed premises after 7:00 p.m. and before 8:00 a.m. daily. Location Restrictions: l~io massage business may be located on property which is zoned as any classification of residential property pursuant to the zoning ordinance, or is subject to taxes, assessments, or other financial claims from any governmental agency ~~•hich are due and delinquent. City of New Brighton al Service License. Licenses Required: Business License, Person Investigation Fee: $300 l~TO investigation fee shll be refunded. The investigation fee may be waived in case of rene~tiral. Location Restrictions: 1. A business license shall be issued only for property zoned B-8, General Business; I-1, Light Industrial; or I-Z; Heavy Industrial; provided that such use is not detrimental to existing and future development. 2. \?o escort service, massage parlor, rap parlor or sauna parlor shall be operated within 2,600 feet of any other escort service, massage parlor, rap parlor or satula parlor. 3. No escort service, massage parlor, rap parlor, or sauna parlor shall be operated withiri`600 feet of any residentially zoned district, a church, a nursery, elementary; junior high or senior high school, or any establishment frequented b}~ juveniles. Insurance Required: Each applicant for a business license shall file ~ti~ith the cite a public liability insurance policy, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the place of business. The policy of insurance shall be in limits of not less than $100,000 for injury or loss to one person, 5300,000 for each occurrence, and $25,000 property damage. i~To cancellation of any policy shall Ue valid except upon 30 days prior written notice to the city manager. Failure to keep in force and effect the insurance required shall be grounds for revocation of the license. Business Hours: INTO licensed premises shall be open between the hours of 10:00 p.m. and 8:00 a.m. of the following day, and no business shall be operated o ri Sunday. City of Roseville Annual Fee: $500 Business Hours: i~To customers or patrons shall be allowed to 'enter the licensed premises after 1:00 a.m. and before 8:00 a.m. daily. No customers or patrons shall be allowed to remain upon t11e licensed premises after 2:00 a.m. and before 8:00 a.m. daily. City of Shoreview License Fee: $50 for each establishment and $20 for each massage therapist. Insurance: A~Iassage Therapist Licensees must have and maintain in full force and effect, during license period, a policy of liability and malpractice insurance 10 . issued by an insurance company licensed to do business in the state of 1~~Iinnesota covering death, personal injury and propert~~ damage in the minimum amount of 5300,000 per person and per occurrence. Restricted Business Hours: The licensed Premises shall be closed bet~~~een the hours of 10:00 p.m. and 6:00 a.m. MassageTherapist Recjuirernents: A Massage Therapist shall be 1~ yrears of age or older, verified by a birth certificate or driver's license; and have received a Comprehensive. Certificate of i~~lassage from a school recognized by the i1~1iiulesota Higher Education Board ~~~ith a nuiumum of 500 class credit hours and is a member in good standing of the 1~4irulcsota Therapeutic >\~Iassage \et~~-ork or the American massage Therapy Association or other organizations possessing the same or similar standards and having ail enforcement code o~ ethics. • 11 - G - A ~, . ~ ~ r~ ... '= ~ . .Star 7ribuna/Saturday/September 4/19°3 . _ ... _ _ ~Be ~~' ~~ ~ r' .~ _ , .: 5 f v ~ ~- ~ , r- f~ t't ~ /~ ~ ,5 t f ''', , Fem.. 4 / , Ey Tatsha Robertson Staff Writer A six-month investigation of a Bloomington pawnshop resulted in 12 arrests and the seizure of more than 200 items believed to have been stolen. Authorities on Thucsda}• searched National Pawn Brokers Unlimited, 360 Lyndale Av. S. Itcrns such as computers and other electronic equipment, bicycles, guns and jewel- ry v: ere confiscated. . been misplaced. _ _:•, ~i- The shop's owner, Daryl Shiber, said he has done nothing tivrong. He'said there are times when a police hold is placed on an item believed to liave been. stolen, but that because of,a high vohnne of business, the items are sornetimes misplaced or mistak- enly sold. He said he has 300 to 400 customers a day. i` "I ntn a clean operation here. I coop- erate with with all police depart- ments," he said. - . T~aclve customers were arrested at According to the affidavit, an infor- the shop, mostly for outstanding war- mant told .police that he has sold rants and driving violations. Five stolen items to Shiber and that the were arrested on charges of selling store is known by criminals to bean items they had bought with stolen easy place to sell stolen items. ~. credit cards. A former employee of an Eden Prai- Detectives from the Bloomington Po- ric computer company who i~•as -ar- lice Department and .Hennepin rested during the investigation told County Sheriffs Department said in police that he had been stealing from an affidavit for a search warrant that the company for 14 months and had they had received complaints that the sold stolen items to Shiber. Hotivever, "'shop buys,and sells stolenproperty.___ the man told police that he and ' - ' ~ " `' ~ ' ` • ~ Shiber ~ncver talked of the itemsi ac- Authorities said_they rioticed.through -'cording to the affidavit. ~~,~• •° •'_'-'- daily checks of the shop that a "dras- ~ ~ ' ' ` _ - • tic" amount of stolen items ended up •Shiber has not been arrested: ;;S~c- there. Police said that although holds thorities said they are continuing'.to -were placed on suspicious items, they 'investigate. . ~..' .'. still were sold.or were said to have - .. ::`i.•.= ~ + . e' ~,! s ~~-^~? L~ 4, ~+'},_ a `s:. ~~~~. ~'~~,. ~ ~~- t~ z~ ~s :. ~~' {. -"23 ' ' " ~:. ~' :.. . t- ~ ~~ y y e N N^ O U r p~ cd O ~ 'C7 .a 3. O yOUTCC Nya:^+~n HiX00 ~"" ~~ U y-p r^ U N N U r0 ~~ O U pig "o ~-~ ~ ~ c ~ coo ~ b ,'b, o.¢ o~n°' o ~ U .. cd U r ,' - b .d- ~ - b ~ N L7 ~ bA . O H CL~ C~ T-, ~ h 69 cC ~ ~ c3 N ~ ~ . Cam. ~^ U C-. G ~U+ N ect .sC U ••+ h .C X. Lr-e Y ¢ ~ :.axp,Q ~:0 3 ~ ~ ° o, 3 3 0~ N.x a~~ ~ ~ a~~~~ ~~~~~i ~ ~ W ~ aj ~ .b L'' ate-, ~ ~ ~ ~ y r rr In .~ ~ p ~ ~ ~ ~ ~. (°., V ~..o 'O C ~ a~ y a~ .b ~' "" ca .b ti4 -C U /] O U U «3 N U r IOISJf _ H.b 'd^:='0 •~ j.t+ ON ."J ~ Ob .T-. ~.J ~~ N O N O~ U ,d.G C Uri ~ ~- crd ~ C O ari A U. " y^ ai ~ .. cC1 ~ ~;.C O ~ N - EN'°a~ o ~ 4.' A C 0.H C. C•~ C C- T~ b C ~ ~ C C U~ C.~ C 0. U~ G C cC .~ .~ aJ N c3 ~ N O'..-. 04 G O ~ r ...• O ~n r ® C ~ N C ~ ^-. ~ ed ~U ~ O~ -~ ~ ~ N ~ -C su ed o a c on vi o ~ P. ,o.n~ •oG~~pU.N~ Co'o ?ate V O o ~ ~ •"O C ~ ~... ~" T.G : - U ~ .O N C.O•' O O t,z'9 U C O U ~~ ~ ~~ ~ •C ~~ ~ ~ U r 0 ~ N ~ ~ ~ U 0 "~ ~ ~ p OQa~.b ~Tp.~~C'by-~ ~GU O0. O ~ C ai..'G o0 ~ O N ~ O G vri ~ ~~ O `n U U O O O.O r.O N .O '~ C.«U+Xy,-G ~_Th r Nb ~aUoO cd Oren Q.. Or. _.. ^ cTd ~"U ~ ~ c~ crd .C .~.p •^.O o3op-.. ,,r,o~.d3eo ' _ ~ e e ~_T_ r U y ~.O ~C~O CN c3.=:... O~ h U ~ «^T' .~ 0. aD u 0.~ ~ 00~.. tea( Cp r t-. N d 7 U~- i.. -- •~ tLd3 C ~p'b G~ co.>C! abi R ~ ~ CQ ~~rr O N ~ ~.. 'r T O_ O - i+~ - G ~O'y .C- CU .G ~.~ N'r C G O C' . n .u. 8 ~ ~~ y ~' ~ !~ ~'• 1). _ _ __ ~~'~ s r-~i r~ ~t~~~ r~- 971.633 FIREARMS. The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other govern- mental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or ~_regulation by them except that: (a) a governmental subdivisio~i may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. {>- r< Local regulation inconsistent with this section is void. Ilisto~y: 1965 c 144 s 1 D • r r r r ~ .:~ - . The Crxrrent Businesses Properties in the Larpenteur / Snelling Business Core and Their Distances from Residential Areas All distances are measured on a straight line from the edge of the business building to the edge of the nearest residential property line. (All distances are approximate.) See Attaclzecl Nlap The hdorth~vest Quadrant of Larpenteur and Snelling The nearest residential lot from: Amoco 160 ft. 1 alcon Center 40 ft. Bucks Furniture 55 ft. The Southwest Quadrant of Larpenteur and Snelling The nearest residential lot from: I-Iarvest States Buildings 80 ft. The SotYtheast Quadrant of Larpenteur and Snelling The nearest residential lot from: Dino's Gyros 270 ft. Pizza Hut 70 ft. (estimated) Northome Shopping 60 ft. The Northeast Quadrant of Larpenteur and Snelling `The nearest residential lot from: Bulls Eye Shopping 40 ft. Embers 100~ft. The disl-ance of the nearest business to the elementary school Bulls Eye Shopping 1,810 ft. . 1 The distance of the nearest business to the church: Bulls Eye Shopping 1,330 ft. .: Questions to Ponder ~ 1. How much distance would be appropriate between an adult bookstore and residential property in the City of Falcon Heights? 2. E 13 ~'v ~ Mall Wonder It's huge, it's profitable, it's surprisingly accessible. Will Minnesota's Mall of America be the last of its kind? By Suzanne Sutro Rhees,-AICP • AS the Minnesota Real Estate Journal put it last year, if shopping were a religion, the Mall of America in Bloomington, Minnesota, would be its temple. Because of its size-it's the largest enclosed shop- ping center in the U.S.-and the fact that its opening, in August 1992, took place in the middle of a recession, the Mall, of America has gotten the kind of press cov- erage that accompanies only Really Big Events, like presidential elections. The mall is not -the world's largest. That distinction belongs to its predeces- sor and role model, the West Edmonton Mall in Alberta. But, 'with a total floor area of 4.2 million square feet, it is very big-about five times the size of Red Square, -- - -- according to one typical statistic. Its 2.5 million square feet of retail space are occupied by four anchor department stores, seven "junior" department stores, 350 spe- cialtyshops, and enough small retail kiosks and stands to keep millions of mall rats occupied indefinitely. , The huge structure also includes a clus- ter of nightclubs, restaurants, bars, and theaters, a LEGO Imagination Center, and an 18-hole miniature golf course. In the center of the giant square formed by the anchor stores-Nordstrom, Macy's, Bloomingdale's, and Sears-is a seven- acre amusement park, Knott's Camp Snoopy. The mall is unusual in that it mixes upscale, off-price, and specialty retailers in one locale: both Bloomingdale's and Filene's Basement. s The megamall, as it is popularly known, F has generated its own mega-statistics, from the number of hot dogs consumed in the opening week (39,000) to the number of people employed there (over 11,000 at last count), to the cost of construction ($825 million in private and public funds, according to Melvin Simon & Associates, the lead developer). First impressions Disorientation is a common symptom of "mal de mall," but the Mall of America is surprisingly easy. to find and navigate: Flyover ramps from two nearby freeways lead directly into the mall's loop road. Two seven-level parking structures and' two surface lots provide 12,750 parking spaces-which fill up fast during peak periods,. Overflow is shunted to the park- ing lots of the now-vacant Met Center hockey stadium. Public buses-the mall is served by 13 regional bus routes-and hotel and airport shuttles drop off passen- gers in a terminal beneath one of the parking structures. The design, not particularly innovative but well thought out; is the product of several firms, including the Jerde Partner- ship, the Los Angeles architecture and plan- ning firm known for its work on Horton Plaza in downtown San Diego. To make the building appear less massive, the de- signers used brick on the ground floor (a concession to fire safety requirements) while sheathing the upper floors with astucco- like material, striped in muted tones of beige and terra cotta. The color scheme is repeated in the highway ramps that serve the mall.:- - Inside, the hollow square layout makes it easy for visitors to find their way. The X19• Given the choice between building a traditional downtown and a giant mall, the city of Bloomington chose the mall. It is laid out in a rectangle with four anchor stores at the corners and Knoif's Camp Snoopy in the center. Flyover tamps from two adjacent highways lead to the mall's loop road; parking is provided in surface parking lots and-to the east and west of the mall-two enclosed parking structures, A brick-and- stucco facade makes the nation's largest enclosed mall appear a hit less daunting. ~ designers created a unique identity for each of the four shopping streets-one z international, one parklike, one cosmo-~ -_ - -politan, one contemporary. While those - - distinctions may be lost on most visitors, they will appreciate the fact that the corri- dors are pedestrian-friendly, with ample natural light, vistas, and plentiful land- scaping and seating. Urban designer Weiming Lu, AICP, di- rector of St. Paul's Lowertown Redevel- opment Corporation, considers the differ- entstreets "an admirable attempt to provide sensory orientation." Lu notes, though, that little of this mall's space is truly public, apart from the small plazas in front of each anchor store and the corri- dors themselves. Older, smaller regional malls tend to provide more unprogrammed public spaces. And they came In the late 1980s, when it first began trying to sell the project to a skeptical region, the Simon organization described the Twin Cities region as "understored," with 13 square feet of retail space per capita compared to the national average of 18.1. There was no doubt, said the developer, that the megamall would in- • crease the size of the retail pie for every- one. Undeniably, the mall had a success- . ful first year._Yet area planners continue . to question whether it should have been built at this location, just beyond,, the 20 Planning October 1993 «'. regional beltway ringing Minneapolis and that wounded two patrons and aCamp =' St. Paul. Snoopy employee. _ Although the initial flood. of curious visitors-a million a week in the first month-has tapered off, the mall's man- agers report 35 to 40 million visits in the first year. The city says 30 million is more like it, but either figure is well ahead of the projections of 22.5 million made ear- lier by Bloomington planners. Visits by tourists (from beyond a 150-mile radius) are thought to comprise 40 percent of the total. Compare that with Florida's Disney World, which draws 28 million visits annually (note, though that shopping malls generate many repeat visits by local customers. The megamall's combination of retail- . ing and entertainment has changed typi- cal suburban shopping patterns, drawing more visitors than expected in the tradi- tionallyslow post-Christmas and summer months. Exact figures are not available, but the Simon MOA Management Com- pany says sales have exceeded the projec- tions of $238 per square foot of retail space annually. For the city, the positive effects of the mall seem to outweigh the negative ones. ~n September, Bloomington planners re- eased aone-year study of the mall's im- pacts on tourism, transportation, employ- ment, and city services. It reported that, except during weekend peaks, the up- graded road system was doing a good job of handling traffic around the mall (al- ready at 70 percent of the predicted 1995 lever. The mall's multiple bus routes and private shuttles have boosted transit rid- . ership to about 130,000 riders per month; 80,000 had been anticipated: Revenues from lodging, liquor, admis- sionstaxes, and business license fees have increased substantially since the mall's opening. (Hotel occupancy rates now hover around 80 percent, almost 20 percent higher than in 1991.) Some of these tax revenues are earmarked for debt service on tax increment bonds used to finance the mall's public costs. On the negative side are the problems created by the mall's concentration of late-night entertainment activities. In Sep- tember, the Minneapolis Star-Tribune re- ported that the mall's nightspots have been attracting crowds of up to 5,000 on weekends, causing a steady stream of runk-driving arrests on the mall's high- ay entrance ramps. The mall accounted for 14 percent of all the city's police calls in its first six months, most of them for offenses such as shoplifting, drunk and .disorderly conduct, and forgery. Most se- rious was a shooting in February 1993 Not quite so bad When the megamall was first announced, other ietail centers in the Twin .Cities area went on red alert, fearful of over- whelming competition. The immediate response was a flurry of renovation and expansion. The results thus far indicate that most of the centers are rebounding from initial losses or at least holding their ground. "The Mall of America has had as many positive impacts for downtown as it has created challenges," says John Labosky, director of the Minneapolis Downtown Council. On the plus side, it has attracted tourists to the region, helping fill down- town hotels and luring major conven- tions. The mall also created a sense of urgency in Minneapolis, Labosky notes, generating such major improvements as a $2 million facelift of the Nicollet Mall, the city's 30-year-old transit mall. Today, he adds, the downtown, with over three mil- lion square feet of retail space, ranks fifth in the nation in retail sales. Rather than declining, downtown sales have kept pace with inflation in the year since the mall's opening. That's not to say that the addition of the mall's 2.5 million square feet of new retail space has had no impact. Labosky notes that local retailers had been driven to hold more sales to remain competitive, sacrificing profits in an effort to retain market share. He predicts that some stores will not survive. Neighboring St. Paul, the state capital, has a weaker retail base, with only a third as much retail space, most of it serving daytime employees and a small group of downtown residents. Instead of trying to compete with the Mall of America for shoppers, Eileen McMahon of the St. Paul Convention and Visitors Bureau says mall visitors are plied with brochures publiciz- ing St. Paul's hotels and cultural attrac- tions. The response has been encourag- ing, she says. In the first few months after the mall opened, the Science Museum of Minne- sota and the Children's Museum-part of St. Paul's emerging "cultural corridor"- experienced asharp drop in attendance. Both institutions have sprung back after bringing in new exhibits and increasing their advertising and promotions. Outlying shopping centers responded to the megamall threat with a spate of improvements. The two centers closest to the Mall of America, Southdale Center in Edina (famous as the first fully enclosed shopping mall) and Burnsville Center, just south of Bloomington, have com- pleted extensive renovations. And one the largest local department stores- Dayton's, which is owned by the Dayton. Hudson Corporation of Minneapolis- opened anew store at Southdale rather than in the new mall. In general, the mall's effect on subur- ban shopping centers seems far less than expected. A December 1992 survey by the Minnesota Shopping Center Associa- tion reported that the overall vacancy rate at Twin Cities shopping centers rose 1.4 percent in 1992, to 10.2 percent-but that figure is in line with the national average of 10 percent. In contrast, at least some owners of area bars and restaurants are blaming the mall for a drop in sales. The Mississippi Live entertainment complex, which opened across the river from downtown Minne- apolis in May 1992, reported an initial drop in attendance when the mall opened, although numbers were up again by this summer. But while many of the region's busi- nesses appear to have weathered the mall's first year, the long-range prospects are less certain. John Borchert, professor emeri- tus of geography at the University of Minnesota, doesn't buy the mall develop- ers' argument that the region is understored; rather, he suggests that many other re- gions are overbuilt. He points to nation- wide trends that suggest consumers will spend .less time on shopping and less money on goods. The Mall of America, he says, may be the nation's last gasp of retail expansion. • . 21. Everybody will love it' = When a project as large as the Mall of America opens, it is easy to imagine a scenario in which a millionaire developer chooses a site and rides roughshod over a defenseless municipal government. Not so here. The mall would never have been built without massive public financing and the determination by the city of Bloomington to create something large on the site of Metropolitan Stadium, former home of the Minnesota Twins baseball team and the Vikings football team. Shop (and bopJ `til you drop. Q 3 ~. a ;- Bloomington (pop. 86,000) is about 10 miles south of downtown Minneapolis and 10 miles southwest of St. Paul. It is Minnesota's third largest city after the Twin Cities. Originally a farm town with no real center, it evolved after World War II into a typical bedroom suburb-and more recently into a quintessential Edge City, its corporate office growth spurred by the proximity of the Minneapolis- St Paul International Airport and the area's beltway, Interstate 494. The Mall of America occupies the city's eastern corner, an isolated triangle bordered by I-494, the Minnesota River, and Cedar Avenue. Although the 1981 move by the Twins and Vikings to the downtown Minneapo- lis Metrodomewas ablow to Bloomington's self image, it left the city with 78 acres of land in a highly accessible location. State law required that the stadium site be reserved for commercial or industrial use, although the Metropolitan Council, the Twin Cities' regional planning agency, questioned the adequacy of the area's sewer and transportation systems. A 1979 study of the stadium site by an Urban Land Institute panel had recom- mended mixed-use development with of- fices, hotels, and a limited amount of retail linked by an enclosed central public _"spine." The city followed up in the early 1980s by amending its. _comprehensive plan and developing new zoning ordi- nances to permit substantial new office and hotel development in the area, along with limited entertainment and retail uses. Planning director Rick Geshwiler, AICP, says the most innovative ,city effort was the preparation of a generic environmen- ~ •ioo a _ r -- .~~` Pl mouth _ _ Roseville _ . - 8 - Maplewood olden f ,. - - alle ~ ~ - 69 '. . ~= z - ~~ - ss •. f. , 5 3 Edin 62 _ Sou - r ,''~`_ t Pau - ,~,: ~, - _ - e~ ~.~_:_=- r~ ,. .. ~ ,.„ `a ~ r~ tal impact statement for development of the entire Airport South district prior to any actual development proposals. The EIS committed the city to make transpo tation and infrastructure improvemen in conjunction with new development. But the two local developers who had bought the site from the iVlinnesota Sports Facilities Commission reneged on their contract, and in 1984 the Bloomington Port Authority bought the site for some $15 million plus interest and carrying costs and finally demolished the stadium. (The port authority was created in 1981 to help develop the Airport South district.) At that point, a study of the site's develop- ment potential yielded two options: a traditional downtown with a pedestrian center, which would have required the city to parcel out the land piecemeal, or a completely master-planned, mixed-use development. The city chose the second option, with the expectation of attracting office devel- opment with some ancillary retail. Its marketing efforts brought four responses from developers. Three of the proposals were for offices and limited retail. The fourth bid was from the Triple Five Cor- poration, owned by the Ghermezian broth- ers, developers of the West Edmonton Mall. Their proposal, which would dwari~ the present Mall of America, included a four-million-square-foot retail mall -with six anchor stores, two 10-story hotels, two million square feet of offices, the world's largest indoor lake (with subma- rine rides, and a 100,000-square-foot con- vention center. "It is so wonderful we can hardly be- lieve it ourselves," the Ghermezians said in a press conference. "You will love us, we will love you, and everybody will love o it." A visit to the West Edmonton Mall ;. convinced Bloomington officials and former 3 Gov. Rudy Perpich that the project might fly. In the eyes of the region's other gov- 'a ernments and business interests, how- ever, the proposal seemed far too big to be viable. Jay Jensen, director of the Min- neapolisCommunity Development Agency, called it an example of the "death wish that periodically shows itself in develop- ers and their financiers in undertaking a project that has a likelihood of failing." Scaled back After the Metropolitan Council reviewed the project as a "development of regional significance," the convention center and • 1.5 million square feet of office space were dropped. The council said the re- gion could support only one new conven- tion center, and that it should be the one 22 Planning October 1993 already planned for downtown Minne- apolis (ultimately completed in 1991). Un- able to find Canadian financial backing, in 1987 the Ghermezians joined with Melvin Simon & Associates of Indianapolis, which became managing partner. Simon lined up construction financing from the Teachers Insurance and Annuity Association of America and three Japanese banks. In the meantime, the project was scaled back further. The office buildings disap- peared, casualties of the collapsing office market of the late 1980s. The indoor lake vanished as well, although an aquarium is planned. And the developers postponed hotel construction until Phase II, now in the planning stage. Groundbreaking took place in June 1989. Total costs included $625 million in private investments and almost $200 mil- lion in public funds. Not only the initial land costs but costs of the two parking structures, site utilities, grading, bridges, and landscaping were financed by Bloomington's port authority through tax increment bonds and notes, the debt on which will be repaid with tax revenues generated by mall businesses over the • next 20 years.- _ - - - _ - ._ _. Highway improvements, including con- struction of additional lanes and entrance and exit ramps on both adjacent free- ways,were financed through federal high- way funds and $80 million in general obligation bonds-including $50 million in already programmed state highway improvements. A state grant of $1.25 mil- lion paid for the mall's transit station, which serves taxis and hotel shuttles as well as public buses. This year, Bloomington received federal funding, under the Intermodal Surface Transportation Effi- ciency Act, to build five miles of bike paths converging on the mall, along with new bike racks and lockers at the transit station. Worth it? The public subsidies drew criticism from the city of Minneapolis, owners of other regional malls, and former Bloomington mayor Kurt Laughinghouse, who charged that the subsidies were an irresponsible investment that "distorted the free enter- prise system." Bloomington officials have countered by noting that the improve- menu were financed without a property • tax increase and by citing the mall's many expected spin-offs, particularly new jobs. Skeptical at first, Bloomington's plan- ners became more enthusiastic as the project began to seem more feasible. Their goal throughout the process, says plan- ning director Geshwiler, was to ensure that the final product had a human scale and a pedestrian orientation. Today Geshwiler points with pride to the work of the planning department's seven-person staff in shepherding the mas- sive development through the planning and permitting process, successively more detailed design reviews, and innumer- able field inspections. He attributes the staff's effectiveness to the city's well- organizedsystem of tiered environmental review and careful design coordination with all city departments and the developer's team. Planners influenced the mall's design in many ways, he says, particularly by insisting on higher lighting levels in the parking garages (averaging 9.4 footcandles as opposed to the 3 footcandles found in most garages), enclosed walkways con- necting the garages to the mall, and de- sign and building code changes to enable the hollow square floor plan and exterior materials to meet fire safety standards. The reactions of other Twin Cities plan- ners run the gamut. Some complain that public money has been used to create a third "downtown" in a region that can barely support its two existing downtowns, while others are en- couraged by the influx of foreign tourists and other visitors, creating new links to the outside world in a region once noted for its insularity. As for the place itself, some view it as just another mall, only larger, while others are impressed by its round-the-clock activity. What's ahead Simon & Associates, which is still evaluat- ing the performance of Phase I, has not yet revealed its timetable for the mall's second phase. However, plans on the books call fora 1.2-million-gallon, base- ment-level, walk-through aquarium fo- cusing onthe ecology of Midwestern lakes. Two on-site hotels, with a total of up to 1,000 rooms, are also planned-an expan- sion that could put a stop to the favorable spin-off effects on downtown hotels. While the mall is expected to stimulate new office and hotel development, there are no plans as yet for the Met Center stadium across the street, vacated this year by the Minnesota North Stars hockey team. Future development in the mall's vicinity may be limited by a cap on new parking spaces in the Airport South dis- trict, imposed as a condition of the project's environmental permits. The cap would allow the mall to add another 7, 500 spaces, leaving 1,200 for the remainder of the area. This fall, a new high school opened in the mall. It's operated by the Metro Learning Alliance, a coalition formed by five city and suburban school districts, and funded in part by corporate sponsors. The 9,000- square-foot school will serve juniors and seniors with elective courses in areas such as entrepreneurship, "arts in the market- place," and career planning, drawing on the mall's resources for student projects and internships. The long-term goal, ac- cording to learning alliance director Mary 23 . , • The mall aims to please visitors of all ages, including some (like the author's son, left/ too young to own a credit card. The LEGO Imagination Center (abovel attracts children; various bars and restaurants attract an older crowd. Nolan, is to use the mall as a learning laboratory for everything from early child- hood through adult education. Community facilities like the school, the nondenominational Mall Area Reli- gious Council, the mall's performance spaces for community events, and its lively (and sometimes disorderly) nightlife have led some observers to speculate that this and other malls are becoming more like real cities. Architecture critic Witold Rybczynski suggested in a May 1993 article in Atlantic Monthly that the shopping mall now fulfills so many civic functions that it "is poised to become a real urban place," lacking only some form of permanent housing to provide a resi- dent population. Others would not go so far. Weiming Lu of the Lowertown Redevelopment Cor- poration is encouraged by the mall's "reconcentration of land uses," and he points to the need for high-density hous- ing combined with pedestrian and transit linkages to reinforce the mix of uses. But he thinks the controls that the mall im- poses on both visitors and tenants tend to stifle the individual expression and ca- pacity for change that distinguish a true city. Its name suggests that the Mall of America aspires to be a kind of national Main Street, and its unique combination of shop- ping and entertainment may prove to be just the right formula for attracting the recession-scarred consumers of the '90s. On the other hand, -the mall's size and noise level may overwhelm would-be shop- pers and send local patrons elsewhere for their quick shopping trips. The mall's success will depend not only on its own enterprise but on changes in the retail industry generally. In any case, it's a place worth keeping • an eye on. Suzanne Rhees is a planner who lives in Minne- apolis. She is the author of Reinventing the Village (PAS Report 430.