HomeMy WebLinkAboutCCRes_94-13•
No. R-94-13
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date : 3/23/94
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A RESOLUTION REGARDING NEGATIVE SECONDARY IMPACT
FINDINGS FROM ADULT USES
WHEREAS, the aforementioned reports and studies, reviewed
by the staff and on file at city hall, document negative secondary impacts
from adult uses;
NOW, THEREFORE BE IT RESOLVED that the City Council of
Falcon Heights finds that:
1. That it is the City of Falcon Heights responsibility to protect the
• health, safety and welfare of the citizens of Falcon Heights.
2. That adult uses create negative secondary impacts in a
community, including increased crime, increased harassment of
neighborhood residents, increased health risks, diminished
property values, and general neighborhood blight.
3. That areas within close walking distance of residential dwellings
and other community commercial uses should be free of adult
business uses.
4. That areas where children could be expected to walk, patronize
or recreate should be free of certain adult business uses.
5. That the image of the City of Falcon Heights as a pleasant and
attractive and safe place to reside will be adversely affected by
the presence of adult business uses in close proximity to its
residential neighborhoods.
6. That the negative secondary impacts from adult business uses
can extend for at least three blocks (or 1,800 feet) and they,
• therefore, cannot be ameliorated in the City of Falcon Heights
because of its unique circumstances including its commercial
districts' proximity to residential property and its limited
• commercial land area which must serve the immediate needs of
the community.
7. That all commercially zoned districts in the City of Falcon
Heights directly abut residentially zoned districts. All
commercial buildings are within approximately 250 feet of
residential dwellings and most are within 40 feet to 100 feet of
residential property and, therefore, fall within the highly
negative impact area from close proximity to an adult use(s).
8. That there is no space to create a physical buffer between the
commercial and residential areas to ameliorate any negative
impacts that might result from adult uses that are located in the
adjacent commercial area because these residential and
commercial areas are typically separated by a limited space,
usually a fifteen foot wide alley which must remain open for
access.
9. That the close proximity of the city's residential areas to its
commercial areas make it impossible to adopt the spacing
requirements used by other cities to ameliorate these negative
• secondary impacts. For example, the City of Minneapolis
requires that adult uses be 1,000 feet from residential
structures, the City of St. Paul requires that adult uses be 800
feet from residential structures outside the downtown area and
400 feet within the downtown area, the City of Bloomington
requires that adult uses be 500 feet from residential property
and the City of Ramsey requires that adult business uses be
1,000 feet from residential property.
10. That the City of Falcon Heights has no land zoned for industrial
use or for general business district use, zones that cities use for
adult business use zones. For example, the City of St. Paul
permitted adult uses that meet the spacing requirements of the
zoning code in its general business district zone, downtown
zone and two industrial zones. Minneapolis permits adults only
bookstores, entertainment centers and motion picture theaters
in designated areas in the central business district. The City of
Falcon Heights limited available commercial area of 26 acres,
1 .8% of its total land area, and 7% of the land area not
including the Minnesota State Fair and the University of
Minnesota, makes it prudent for the city to use its commercial
areas to encourage businesses that serve the immediate
• community's needs rather than to encourage businesses that
serve a larger consumer group within the metropolitan area.
• 1 1. That the City of Falcon Heights is part of a major metropolitan
area and is served by regional commercial centers where adult
uses are readily available to individuals in or near the vicinity of
the City of Falcon Heights.
12. That the City of Falcon Heights is a small city with a population
of 5,380 persons and a geographic area of approximately 2.2
miles. It is centrally located in the Twin Cities' metropolitan
area of 2.35 million people and a geographic area of 2,985
square miles. There are adjacent or nearby cities that currently
provide regional commercial services to Falcon Heights and the
surrounding area.
13. That there are adult uses and adult use zones located in
adjacent and nearby cities, where the adult uses' negative
secondary impacts can be ameliorated through a combination
of zoning and licensing controls that are readily accessible to
Falcon Heights (Attachment 1 and 2). These cities include the
Cities of St. Paul and Minneapolis. The distance from the City
of Falcon Heights to the City of Minneapolis's adult uses is
about four miles. The City of St. Paul is adjacent to the City of
Falcon Heights. The City of Falcon Heights is located about
three miles from the City of St. Paul's adult uses and adult use
zones. Furthermore, the estimated travel time from the City of
Falcon Heights to adult uses in the City of Minneapolis is
approximately ten to fifteen minutes driving time. The travel
time from the City of Falcon Heights to an adult use or an adult
use zone in the City of St. Paul is approximately ten to fifteen
minutes.
14. That it is the city's responsibility to protect the health, safety
and welfare of the citizens of the City of Falcon Heights, and
since there are documented negative secondary impacts from
adult uses that cannot be ameliorated in the City of Falcon
Heights due to its unique size and land use configuration, and
since the City of Falcon Heights is part of the Twin Cities
metropolitan area with numerous commercial service areas
where the negative secondary impacts from adult uses can be
ameliorated by the local jurisdiction through a combination of
zoning and licensing controls, therefore, adult uses are no
listed as a permitted, conditional or accessory use in the it 's
zoning code. Adult uses are, thereby, excluded from the City
of Falcon Heights.
•
•
Moved by: Gehrz
BALDWIN
GEHRZ
HUSTAD
JACOBS
TALBOT
Approved by ~/yvI
-,
Mayor
5 In Favor 3/23/94
Date
4 Against
Attested by
City Clerk
3/2.3/94
Date
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