05-22-2002 Council Agenda - Laserfiche WebLink

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MAY-1?-2002 13:20 NRC 612 595 983? P.02 /03 Ne ttWHWL$T ASSOCVfl fl CON$UttANTS,, V C. 5775 Wayzata Boulevard, Suite 555, St. Louis Park. MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplenning.com MEMORANDUM TO: Joel Hanson FROM: Stephen Grittman DATE: May 17, 2002 RE: Little Canada — Adult Use Zoning Compliance FILE NO: 758.10 We have conducted a brief analysis of the City's Adult Use zoning restrictions, based on the current zoning map of the City. There has been discussion that recent changes in the map may have affected the City's level of zoning compliance with general legal requirements for restrictions on adult entertainment establishments. Currently, the City restricts principal adult use establishments to its B -2, B -3, and B-4 zoning districts, and also prohibits such uses where they are within 500 feet of any public library, park, public or private school, licensed day care center, or any residentially zoned property. Under previous legal decisions, many cities have used a benchmark of 5% of the City's property available to adult entertainment establishments, or other "sexually oriented businesses ". This benchmark is to be used only as a general guideline, and may vary from community to community_ In Little Canada, there are approximately 1,350 acres, excluding freeway rights -of -way. To meet the 5% level, the City would need to make approximately 70 acres available for adult businesses, based on the underlying zoning and the required separation distance. Because a significant amount of the City's commercial area is zoned PUD, we have assumed that a business seeking a permit to locate in a PUD zone would need to show compliance with the adult use separation requirements. Therefore, for the purposes of this analysis, we have treated PUD zoned areas that are recently developed with residential uses as if they were residentially zoned.