HomeMy WebLinkAbout7.b. Adult Use Ordinance Text Amendment4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meetings: March 26 and April 23, 2013
Tentative City Council Meeting: May 21, 2013
AGENDA ITEM: Case 13- 10 -TA; Adult Use Ordinance Text
Amendment
AGENDA SECTION:
New Business
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO. 7.b.
ATTACHMENTS: Adult Use Establishment Map
APPROVED BY:
RECOMMENDED ACTION: Provide feedback to staff regarding draft Ordinance language.
SUMMARY
City staff has initiated a review and amendment to the Rosemount Zoning Ordinance regarding adult uses.
Staff is proposing to remove adult uses from the HI: Heavy Industrial zoning district and add language
that would require adult uses to be located north of County Road 42 (CSAH 42) in addition to being
located east of Akron Avenue. Staff is planning to publish for a public hearing to be held on April 23 for
the ordinance amendments pending discussion by the Commission tonight.
FAI
BACKGROUND
With the construction of an interchange along US Highway 52 in Cannon Falls, an adult use would be
removed to acquire additional right -of -way. An appraiser working for the Minnesota Department of
Transportation (MnDOT) called Planning Staff to inquire about other communities' ordinances regarding
adult uses to aide in determining the value of the property. When staff reviewed our ordinance, it was
discovered that there are some discrepancies prompting the proposed amendments. The amendments are to
clarify the adult use location standards. Under the proposed language changes there are no added locations
for adult uses above the current condition.
Adult uses are regulated in four places in the City Code: three places in the Zoning Ordinance and once in
the Business Regulations section. Unfortunately, these multiple locations means that staff did not modify all
sections when there was a previous code amendment. The three Zoning Ordinance references state where
an adult use would be allowed. The Business Regulations state how the establishment is to operate. The
courts normally review adult use regulations as a First Amendment, free speech issue and prohibit an
outright ban on adult uses. Planning staff has discussed the Business Regulation section with the Police
Chief and the City Attorney and the City Attorney is revising that section of the Ordinance in advance of the
May City Council meeting.
The general approach to zoning for an adult business is to provide an area of the community that an adult
business could locate while protecting the overall community from the potential negative impacts that can
result from the business. The courts have indicated that enough land must be available for adult uses or it
can be determined that the ordinance regulations effectively ban the use. Rosemount has historically chosen
the industrial northeast portion of the City as the location where the adult uses could locate. Staff has
prepared a map of the areas were adult uses could locate if adult uses were limited to the GI: General
Industrial, east of Akron Avenue; more than 1,000 feet from a park, school, church, library, daycare,
cemetery, or another adult use; or 500 feet from a residence. The map resulted in 1,010 acres of land
available for adult uses on all or part of 90 parcels with 15 different owners. The 1,010 acres of land
available for adult uses is 16.8% of the total commercial and industrial land in Rosemount and 4.5% of the
entire City. The City Attorney believes that the given the amount of land that would allow an adult use per
the zoning code, the ordinance is defensible if challenged.
To codify the 1,010 acres shown on the map, Staff proposes two changes to the Zoning Ordinance. First,
Staff has removed adult uses from the HI: Heavy Industrial zoning district. Second, staff has added text to
the overlay district to limit adult uses to north of CSAH 42 in addition to being located east of Akron
Avenue. Adding the location requirement, north of CSAH 42, does not remove any areas from the map but
does prevent any future industrial lands within UMore from being available for adult uses. The fully revised
adult use text within the Zoning Ordinance is provided below.
ORDINANCE LANGUAGE
11 -4 -16: GI GENERAL INDUSTRIAL DISTRICT:
B. Permitted Uses:
Adult uses as defined and regulated in section 11 -7 -5 of this title and title 3, chapter 8
of this code.
11- 4 -16 -1: HI HEAVY INDUSTRIAL DISTRICT:
B. Permitted Uses:
Adult 6ises as defined and Fegulated in 6eGtien 11 7 5 ef this title and title 3, Ghapter 8
Of�sede-.
11 -7 -5: ADULT USES ESTABLISHMENT REGULATIONS:
A. Findings And Purpose:
Findings: Studies conducted by the American Planning Association, the Minnesota
attorney general's office and the governments of St. Paul, Minnesota; Phoenix,
Arizona; Los Angeles, California; Rochester, Minnesota; Olmstead County, Minnesota;
Indianapolis, Indiana; and Seattle, Washington have investigated the impacts that
adult establishments have in their communities. These studies have concluded that
adult establishments have negative secondary impacts on surrounding neighborhoods.
Those impacts included increased crime rates, lower property values, increased
transiency, neighborhood blight and potential health risks. Based on these studies and
findings, the city council concludes:
a. Minnesota statutes, section 462.357, allows the city to adopt regulations to
promote the public health, safety, morals, and general welfare.
b. The public health, safety, morals and general welfare will be promoted by the city
adopting regulations governing adult establishments.
c. Adult establishments have adverse secondary impacts of the type found in the
studies referenced in this section.
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d. The adverse impacts caused by adult establishments tend to diminish if adult
establishments are governed by location requirements, licensing requirements and
health requirements.
e. It is not the intent to prohibit adult establishments from having a reasonable
opportunity to locate in the city.
2. Definitions: For the purpose of this section, phrases and words shall have the meaning
given them in section 3 -8 -2 of this code.
3. Permitted Locations: Adult use establishments as defined and regulated in title 3,
chapter 8 of this code are permitted in an overlay district which is established in the
general industrial (GI) zone east of Akron Avenue and north of CSAH 42 in the city of
Rosemount. Adult uses will conform to the general industrial (GI) zone standards.
Adult use establishments may be located within the overlay district provided they meet
the following criterion: adult use establishments may not be located within five hundred
feet (500') of a residential structure, or within one thousand feet (1,000') from the
property line of a park, school, church, library, commercial daycare center, cemetery,
or within one thousand feet (1,000') of another adult use establishment.
RECOMMENDATION
Staff recommends that the Planning Commission concur with the staff provided revisions and concur with
an April 23 public hearing date.
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