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HomeMy WebLinkAbout04/10/1996URBAN AFFAIRS ADVISORY COMMITTEE MINUTES APRIL 10, 1996 1. CALL TO ORDER The meeting of the Urban Affairs Committee was called to order by Chairman John W. McKay at 7:00 p.m. Members Present: Chairman John W. McKay, Members Robin Curran, Shirley Doering, Van Holston, Shelley J. Madore, Shazon R. Schwartz and Pamela Sohlberg. Staff Present: Annette Margarit and Kathy Bodmer 2. APPROVAL OF MARCH 13,1996 AGENDA. Bodmer noted that Annette Margarit's title should be corrected to "Assistant City Attorney." 3. ADULT USES ORDINANCE a. Presentation and Discussion with Police Chief Roger Willow. Chief Willow discussed his experience from a law enforcement perspective of the effects of adult uses on the City of Minneapolis. Willow was the Deputy Chief in charge of the patrol division for the City of Minneapolis until September 1994, when he came to work for Apple Valley. The Chief explained that in Minneapolis when an adult entertainment facility located in a neighborhood it was a sign of deterioration in the neighborhood. Often, once the adult use had located in an area, it would be followed by the clustering of other uses such as pawn shops and check cashing businesses. The pawn shops and check cashing businesses often drew a particular type of clientele who might not otherwise be able to obtain withdrawals or loans from a bank. Willow observed that in Minneapolis street robberies and prostitution increased in areas where sex businesses had located. The city found that once they are in place, sex businesses are very difficult to remove. Lastly, the Chief stated that he observed that a concentration of adult uses resulted in vacancies in other businesses in the neighborhood. Chief Willow next described some specific areas of Minneapolis that had a concentration of adult uses and the resulting impacts on the neighborhoods. Chief Willow also noted a suburban experience with adult uses. A Fantasy House located in a mall in Fridley, just north of Minneapolis. An active neighborhood group protested for 4 to 5 months to try to close the business down. The opposition didn't close the business down and within 5 months a pawn shop located in the mall. Willow commented that now the mall has several vacancies. Annette Mazgazit reported to the group her findings regarding adult uses in the Apple ValleylBurnsville area. She described the adult area of the video store in Andy's market. The adult section was in a separate room behind a door and signed "Adults Only." Likewise, Mazgazit noted that there is an adult section in the Shinder's bookstore in Burnsville which was also in a separate room behind a door, signed "Adults Only" and easily supervised by store personnel. Mazgazit estimated that the adult section of the Shinder's was 10% or less of the retail floor area. Lastly, Mazgarit described the Fantasy House store in Burnsville. The store sells lingerie, cards and other novelties. Margarit said that there is a sign on the door which does not allow minors. She noted that the window display shows mannequins in lingerie similaz to Fredrick's of Hollywood and sex-related novelties. Kathy Bodmer noted that the Fantasy House in Burnsville is not technically classified as an adult use under the Burnsville zoning ordinance. The attorney for Fantasy House had argued that most of the studies which examine the secondary effects of adult uses examine live or on-site adult entertainment rather than retail uses. The Bumsville City Attorney felt that the city would need to do its own study in order to determine the secondary effects of a Fantasy House. As a result, the store was allowed as a regular retail use. b. Prioritize Sensitive Uses Bodmer distributed a list of the sensitive uses which were used in her analysis of buffer distances and potential sites for adult uses. Bodmer recommended that the group review the buffer distances first and then prioritize the sensitive uses. c. Analysis of Buffer Distances Margarit informed the group of the percent of available land which has been upheld by the court. The size of the buffer zone will impact the amount of available parcels. The committee was reminded that the buffer zone could not be so large that it effecfively prevents adult uses from locating in the City. Instead, the City will need to determine an adequate buffer which will allow a "reasonable opportunity" for adult businesses to locate in the community. Alexander v. City of Minneapolis -The City of Minneapolis ordinance provided 6.6% of the commercial land for adult uses. The court found the amount acceptable. Ramsey -The City of Ramsey ordinance made 35% of its commercially zoned land available for adult uses. The court found the amount acceptable. Renton -The City of Renton made 5% of its total land area available for adult uses. The court found the amount acceptable. The U.S. Supreme Court in Renton held that a city must provide a prospective adult-entertainment entrepreneur with a "reasonable opportunity to open and operate" such an establishment. Mazgazit noted that the courts have approved different percentages of available land. In some instances the percent of available land is based only on the amount of commercial/industrial land in the city. In other cases, the percent of land is based on the total area of the City. Bodmer reviewed her analysis of buffer distances and amount of available parcels for adult uses. She noted that under current zoning, the land zoned for commerciaUindustrial uses comprises only 7.3% of the total land area of the City. In addition, when the City is fully developed, the Comprehensive Plan guides the City to be fully developed with commerciaUindustrial uses comprising 12.6% of the total land area of the City. With a buffer of 750', Bodmer noted that roughly 199 acres would be available for adult uses. This amount comprises 1.8% of the total City area, but 24.4% of the commerciaUindustrial property. On the other hand, a buffer of 500' yielded 411 acres of available property for adult uses. This amount comprises 3.7% of the total City land azea, but 50.4% of the commerciaUindustrial land. Chairman McKay asked whether an analysis had been done of available property assuming an existing adult use. He proposed that the City could have a 750' buffer from sensitive uses and then require 1000' sepazation between adult uses. Since Chief Willow observed that concentration seemed to be the most significant problem, perhaps a greater separation could be justified. Committee Member Pamela Sohlberg asked whether a map could be done to show available parcels with a 1000' buffer. Bodmer agreed to do another map to determine how many parcels would be allowed. 4. OTHER BUSINESS -RECOGNITION OF MEMBERS YEARS OF SERVICE Chairman McKay reviewed a memo which indicated members yeazs of service. Four of the committee members have served on the Urban Affairs Advisory Committee for 15 yeazs or more. Chairman McKay thanked the members for their work. 5. FUTURE MEETING DATE The next meeting will be held on May 8, 1996, at 7:00 p.m. in the Large Conference room in City Hall. 6. ADJOURNMENT The meeting of the Urban Affairs Committee adjourned at 8:50 p.m.