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Planning Commission Agenda 02-01-2011 AGENDA MONTICELLO PLANNING COMMISSION Tuesday, February 1st, 2011 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, William Spartz, and Barry Voight Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman – NAC, 1. Call to order. 2. Consideration to approve the Planning Commission minutes of January 4th, 2010. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Consideration of a report on the adoption of the comprehensive amendment to the Monticello Zoning Ordinance. 6. Consideration of amendment options related to Chapter 5.3 of the Monticello Zoning Code relating to Adult Uses. 7. Adjourn. Planning Commission Minutes — 01/04/11 do a resource search to determine how to proceed. The Commission briefly discussed the importance of moving the Transportation Plan forward to the City Council. 8. Consideration to review applications for open Planning Commission position Angela Schumann will schedule interviews for the Planning Commission position vacated by Lloyd Hilgart for Tuesday, January 11 th after 5 pm. These interview appointments will be confirmed by email and a meeting notice will be posted. The applicant selected would be brought forward to the City Council for approval at its next meeting. 9. Consideration of items added to al4enda a) Downtown Committee Update: Charlotte Gabler gave a brief report about the Embracing Downtown Committee meeting she had attended. She indicated that the McComb Group presented numerous statistics in their analysis of the area. There was much discussion and brainstorming about how to get folks downtown, how best to utilize City parks, and what to do about traffic. The Committee will meet again on January 18, 2011. 10. Adiourn WILLIAM SPARTZ MOVED TO ADJOURN THE MEETING AT 9:00 PM. MOTION WAS SECONDED BY LLOYD HILGART. MOTION CARRIED 5-0. Recorder: Kerry T. Burri Approved: February 1, 2011 Attest: Angela Schumann, Community Development Director 1 Planning Commission Agenda: 02/01/11 1 5. Consideration of a report on the adoption of the comprehensive amendment to the Monticello Zoning Ordinance. (AS) A. REFERENCE AND BACKGROUND: On January 10th, 2011, the City Council was presented with the final draft of the proposed amendment to Title 10 of Monticello City Code - Monticello Zoning Ordinance for formal review and adoption. The Council was also asked to review and approve the proposed Official Zoning Map, which corresponds to the changes proposed by the amended code. After presentation and discussion of the new zoning ordinance and official map, a motion was made by Lloyd Hilgart and seconded by Brian Stumpf for Alternative #1, which reads: “Motion to adopt Ordinance #522, an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, subject to the following, and to adopt the amended Monticello City Official Zoning Map. a. Exemption of section 3.7(C) – Floodplain and 3.7(E) – Shoreland b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18 (Flood Plain Management) and 27 (Mississippi Wild & Scenic) by reference.” The Council voted 3-1 in favor of adopting the Zoning Ordinance and the Official Zoning Map (and repeal of the existing ordinance). It was understood by City Staff that the motion required a super majority (4/5) vote in order to approve the amended Official Zoning Map along with the zoning ordinance. Adoption of the new Zoning Ordinance required just a simple majority, which was met with the vote. According to City Attorney Joel Jamnik, Ordinance #522 adopting the Zoning Ordinance and the amended Official Zoning Map received the appropriate number of votes for approval. The requirement for a super majority vote on the Official Zoning Map applies only to those parcels affected by rezoning changes. Therefore, with a simple majority vote, the Official Map was adopted along with the new zoning code text. However, in order to accept the rezoning of parcels which were changed relative to the new Zoning Ordinance, Jamnik recommended bringing this item back to Council for a re-vote and adoption by a super majority vote. Subsequently, on January 24th, 2011, Ordinance #522, including adoption of both the text of the code and official zoning map, was submitted to the City Council for re-adoption. The City Council re-approved the ordinance in a 4-1 vote, with Council member Perrault in dissent. The Council also voted to approve summary publication of the code. With those approvals, the summary ordinance was published on January 27th and thereby became official City Code. Planning Commission Agenda: 02/01/11 2 The new Zoning code and maps have been posted online. A demonstration of their use and navigation features will be given at the February 1st Planning Commission and February 14th City Council meeting. As noted, MFRA project consultant Ben Gozola and staff have already begun tracking both minor code adjustments and upcoming amendments. An overview of both is presented for Commission’s information with this report. Minor Adjustments Minor adjustments are those made for consistency with prior Commission/Council recommendations and to provide appropriate source references and dates. A list of these has been provided by MFRA. These adjustments have already been made in the final version provided to the Commission. Upcoming Amendments Over the next few months, staff is working on preparing report information on the following items for possible amendment: o Adult Use Ordinance – see Item 6 o Subdivision in R-1 and R-2 Areas for Lower Monticello and Original Plat Consideration of subdivision in Lower Monticello and Original Plat for previously platted lots which do not meet 12,000 square foot area minimum. o Sign Ordinance  Multi-Tenant Building Temporary Signage Consideration of additional days for multi-tenant spaces  New Business Temporary Signage Allowance Consideration to allow bonus temporary signage of up to 40 days anytime within first 6 months of operation. Current code requires the bonus use beginning on first day of opening to public.  Billboards Consideration of allowing off-premise signage within the community. o Temporary Trash Receptacle Use There is currently an allowance for construction dumpsters, but no allowance for temporary placement of a dumpster for a specific period of time unrelated to construction. o DNR Overlay Amendments B. ALTERNATIVE ACTIONS: No action is needed at this time. Planning Commission Agenda: 02/01/11 3 C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: A. City Council Minutes – 1/10/11 B. Ordinance #522 C. Ordinance #522A D. Minor Adjustments Listing E. Adopted Final Monticello Zoning Ordinance F. Only paper copies of the new code are provided. Please insert the final version copies into the binder provided with the draft version prepared for Commission in January. G. Adopted Final Monticello Zoning Map H. Adopted Final Monticello Freeway Bonus Map MONTICELLO ZONING CODE MINOR EDITS INCLUDED IN FINAL DRAFT TO BE PUBLISHED/POSTED ADOPTED 1/24/10  Section 2.4(B)(I)(3): Link was changed to “MN Rule Chapter 1300 “Administration of State Building Code”  Section 5.2(G)(8)(h): Reference and link were changed to 5.3(D)(23)  Section 5.2(G)(11)(e): Reference and link were changed to 5.3(D)(23)  All sections which included language to the “effective date of this ordinance” were updated to reference Section 1.4. Section 1.4 will ultimately need to include whatever the effective date is according to your city attorney. Examples include: o Section 3.7(D)(5)(a): “Effective date of this ordinance” text was linked back to Section 1.4 as shown below (rather than restate the effective date). For lots of record created after the effective date of this ordinance as denoted in Section 1.4, a buffer strip shall be maintained abutting all wetlands. o Section 6.2(A) and (B): “Effective date of this ordinance” text was linked back to Section 1.4 as shown below (rather than restate the effective date). (A) Legally conforming existing structures and uses in existence on the effective date of this ordinance as denoted in Section 1.4 which become non-conforming to this ordinance shall not be considered non-conforming, but instead shall be treated as follows: (B) With the exception of structures and uses that meet the requirements of Section 6.3(A), any structure or use lawfully existing upon the effective date of this ordinance as denoted in Section 1.4 may not be expanded, but may be continued— including through repair, replacement, restoration, maintenance, or improvement— unless: o Definitions for “Nonconforming Structure or Building” and “Nonconforming Use” now include the reference to Section 1.4 County Hwy 75 Chelsea Rd State Hwy 25 85th St NE 9 0th St N E Linn St Pine St 7th St School Blvd Riverview Dr Cedar St W River St M a r v i n R d Jason Ave Dundas Rd W Broadway St Hart Blvd Country La Haug Ave NE Elm St W 4th St Fenning Ave NE Oakwook Dr Ma lla rd La 95th St NE Fallon Ave NE Edmonson Ave NE Mississippi Dr 5th St Country Club Rd Sandberg Rd P e l i c a n L a F a l c o n D r Fenning Ave Walnut St Oak Ridge Dr Oriole La Club View Rd Broadway St Hillcrest Rd E River St Headman La M i l l T r a i l L a Falcon Ave NE Wright StBenton St Elwood Rd Ramsey St 6th St River Mill Dr Wildwood Way Hilltop Dr Mill Run Rd O a k V i e w L a Farmstead Ave Martin Dr 4th St E 3rd St E Red Rock La Gillard Ave NE Maple St Fallon Dr Willow St View La E Grey Stone Ave Marvin Elwood Rd Fieldcrest Cir Fairway Dr Jason Ave NE Vine St M e a d o w L a Jerry Liefert Dr Praire Rd Starling Dr Palm St U nkn own or N o Streetn ame Fallon Ave Golf Course Rd Falcon Ave Kevin Longley Dr Craig La R e d O a k L a Front St 5th St W Thomas Park Dr Locust St M o c k i n g b i r d L a W 3rd St Eas twood C ir Briar Oaks B lvd F a r m s t e a d D r Henipin St E i d e r L a Dayton St Oak La River Forest Dr Meadow Oak Ave Kampa Cir O a k R i d g e C i r M i l l C t R i v e r R i d g e L a Garrison Ave Oakview Ct Dundas Cir Kenneth La Otter Creek Rd Minnesota St Eagle Cir Crocus La Meadow Oak La Stone Ridge Dr Chestnut St 1 2 0 t h S t N E Darrow Ave NE Diamond Dr Pebble Brook Dr Widgeon La Washington St Bunker Cir Homestead Dr Thomas Cir E n d i c o t t T r Center Cir Oak View Cir Sandtrap Cir Country Cir Cheyen Ct Old Territoral Rd Tanager Cir Hillcrest Cir Os p rey Ct Acorn Cir Balboul Cir S w allo w C ir R iv e r si d e C ir Meadow Oak Ct Matthew Cir E Oak Dr S t o n e R i d g e C ir Oakwood Dr Meadow Oak Ave NE County Hwy 75 Hart Blvd Marvin Rd Marvin Rd Wright St Cedar St Minnesota St City of Monticello Official Zoning Map Zoning Districts A-O R-1 R-2 R-3 R-PUD B-1 B-2 B-3 B-4 CCD I-1 I-2 R-A (formerly R-1A) T-N (formerly R-2A) I-BC (formerly I1-A) M-H (formerly R-4) Other Mississippi Wild, Scenic & Rec Overlay District Overlay Districts CCD Residential Overlay District Performance Based Overlay District Water 1-24-11 Fr e e w a y B o n u s S i g n Ov e r l a y D i s t r i c t M a p ³ Le g e n d Fr e e w a y B o n u s S i g n O v e r l a y D i s t r i c t Ch e l s e a R o a d Interstate 94 Marvin Road Cedar Street Chelsea Road State Hwy 25 12 - 2 0 - 1 0 Planning Commission Agenda: 02/01/11 1 6. Consideration of amendment options related to Chapter 5.3 of the Monticello Zoning Code relating to Adult Uses. (NAC) A. REFERENCE AND BACKGROUND: Attached to this report is a memorandum examining the impacts of the City’s growth over time, combined with updates to its zoning ordinance as they relate to the regulation of adult oriented uses. In summary, these changes have raised the need to adjust zoning allowances and buffer distances to ensure that the ordinance continues to meet legal standards in this area. Since it has been some time since the City conducted this type of analysis, staff has provided a brief “Question and Answer” format for City official review. The regulation of adult uses is often misunderstood, and due to first amendment issues, requires special attention. QUESTION & ANSWER: ADULT USE ORDINANCE Q.1. Why does the City have an ordinance that allows these uses? A.1. In a long series of legal cases, entertainment and arts-related activities have come under the protection of the “Free Speech” clause of the first amendment – perhaps more descriptively thought of as “Free Expression”. As a form of expression with First Amendment protection, the City has limited ability to regulate adult-oriented uses. Q.2. Doesn’t creating an ordinance allowing adult uses encourage their location in the community? A.2. Probably not. Purveyors of adult entertainment base their location decisions like any other business. These types of uses are allowed by nature of their first amendment protection – not having regulations would diminish the City’s ability to manage where they go in the community. Q.3. Why don’t we create an ordinance that prohibits these uses? A.3. The courts have made it clear that such ordinances are unconstitutional as an illegal constraint on expression. If a City is found to have such an ordinance under a legal challenge, a court would throw out the City’s code, and the adult use would have free rein to locate where they wish, without the City’s ability to manage the impacts of the use. Q.4. Can we create an ordinance that includes these uses as potentially allowed, but limits their location in such a way that effectively zones them out of the City? A.4. No. This would be called a “pretextual” ban – the City may regulate certain aspects of these uses, but may NOT have an ordinance that effectively bans them under the guise of “regulation”. A court would treat this type of ordinance the same as an outright prohibition. Q.5. Well then, what kinds of regulations can we adopt? Planning Commission Agenda: 02/01/11 2 A.5. In the area of speech regulation, the City typically has the ability create what are commonly called “time, place, and manner” regulations. As a general rule, the City may not discriminate by the content of the speech, nor may it discriminate by the identity of the speaker. However, the City can place non-discriminatory restrictions based on location, or on the style of delivery of a message, or on the duration or timing of a message in the protection of public health, safety, and welfare. In addition, the City may prohibit “obscene” speech. Thus, an adult use establishment which is otherwise properly located may be prohibited from displaying messages that are judged to be obscene. Q.6. What do you mean by “properly located”? A.6. A number of US Supreme Court cases have addressed this issue. The most relevant is City of Renton, WA v. Playtime Theatres, a case that arose in Renton, Washington over a challenge to the City’s ordinance regulating the location of adult theatres. In Renton, the Court majority established that the City’s regulations were not regulating the content of the speech, but rather, regulating the “secondary effects” of that speech which might be imposed on the public, especially populations judged to be sensitive to these effects. Renton’s ordinance, and the court opinion validating it, established a number of standards for the regulation of adult-oriented uses. Cities were granted the ability to regulate the location of these establishments to mitigate the potential secondary effects of such uses. Q.7. What kinds of regulations can the City adopt? A.7. Essentially, the City can create restrictions by zoning district that limit the ability of the establishments, or the patrons of the establishments, to have an impact on defined sensitive populations. These usually take the form of defining the uses, specifying which zoning district such uses can be located in, and then creating a buffer zone from sensitive land uses that the City wishes to protect from the secondary effects of the establishment. It is critical to note, however, that the zones and the buffers need to be placed in such a way that adult use have a “reasonable” opportunity to locate in the community (see the comment on “pretextual” prohibitions above). Q.8. How much “opportunity” does our ordinance have to provide to avoid being considered a “pretextual” prohibition? One lot? An entire shopping center? A.8. Unfortunately, this is where the requirements are a little murky. The court’s standard in Renton was a “reasonable” opportunity, a preciously minimal guide. In Renton, Washington, evidence was introduced that the ordinance regulating adult uses created an opportunity area of 5% of the City. The courts found this area to be meet its’ standard of reasonableness. In the years since, many communities have confused the 5% threshold as some sort of silver bullet standard. It is not. However, it is the only real guidance we have, so we think of it as a good target to show evidence of reasonableness. Coming to far short of that threshold should raise some questions about the effect of the ordinance in illegally regulating expression. Q.9. What are these sensitive uses we can protect? Planning Commission Agenda: 02/01/11 3 A.9. Monticello’s ordinance is typical, listing the following: Residentially zoned property. Agricultural land located in the neighboring township or in the City that is guided for residential use. A licensed daycare center. A public or private educational facility (elementary, middle, junior high or senior high school). A public library. A church. Amusement places such as roller rinks, dance hall and bowling alleys. Liquor sales (establishments) Q.10. How much buffer can we leave from these uses? A.10. Monticello’s current ordinance provides a 700 foot buffer. Others rely only on the zoning district boundaries, and several ordinances use 100 feet or some increment as their buffer zone. The balancing act is to provide some separation, while continuing to provide a reasonable opportunity area. Q.11. What if all of the land we provide is taken up by buildings and current uses? A.11. The courts have been clear that it is not the City’s responsibility to play realtor for the adult use establishment – they must fend for themselves in the real estate market and if all properly zoned and located parcels are full, that’s the market working, not the ordinance, just as it would be for any other business looking to locate in a particular zoning district. Q.12. What do we need to do? A.12. The attached memorandum provides an outline of the City’s zoning districts, and a summary of the eligible area under the current regulations. Because staff, including the City Attorney, believe that the Xcel Energy property is not likely to be considered “eligible” due to Nuclear Regulatory Commission requirements, not to mention its proximity to large areas of parkland, the remaining I-2 zoned land provides less than 3 percent opportunity area, and just over 1 percent when the current 700 foot buffer is applied. The challenge will be to find some combination of buffer distance and increase in the area of properly zoned parcels to get to “reasonable” – in general, something closer to 5%. B. ALTERNATIVE ACTIONS: Decision 1: No decision is requested at this time. The purpose of this report is to permit discussion of the options at the Planning Commission level, in preparation for ordinance amendments to be considered at a future public hearing. Planning Commission Agenda: 02/01/11 4 C. STAFF RECOMMENDATION: No recommendation is offered at this time. This reference information is being presented to the Planning Commission for discussion purposes and to generate a Commission-directed course of action for future amendment, which staff will be prepared to bring forward in March. D. SUPPORTING DATA: 1. Background Memorandum 2. Preliminary maps MEMORANDUM TO: Steve Grittman FROM: Bob Kirmis DATE: January 26, 2011 RE: Monticello - Adult Use Opportunity Area Analysis NAC FILE: 191.07 - 10.20 At your request, I have conducted a review of the City’s adult use requirements in specific regard to provided opportunity area. In this regard, the following comments are offered: Purpose. As noted in the Zoning Ordinance, the purpose of the City’s adult use regulations is to provide for the establishment and operation of adult uses within the City while providing controls which limit negative impacts upon residential and commercial areas. Legal Requirements. As a general rule, the City seeks to meet a threshold of approximately five percent of its land as area potentially available for adult entertainment uses. While this threshold is not an explicit legal requirement, it was a level upheld by the United States Supreme Court in a Renton, Washington case that established a right to regulate adult uses. In Renton, the City had adopted an ordinance that created a dispersal requirement for adult entertainment uses, based on a finding that such land uses had the potential to create negative “secondary” effects. In most zoning theory, the City regulates the “primary” effects of land uses – noise, traffic, light, odors, building mass, etc. However, entertainment is a form of expression protected by First Amendment free speech principles. As such, the City may not create a zoning regulation that prohibits, or has the effect of prohibiting, this form of expression. In the Renton decision, the Supreme Court upheld the City’s restrictions on adult entertainment uses since they regulated the “secondary effects” of the land use, such as the potential for corruption of minors, but still made provision for such uses to locate within the City. Renton’s ordinance provided an area of about five percent of the City’s land area for these uses, and as such, five percent has become the common 2 numerical target for many of these types of regulations. It should be noted that the Court’s standard is “a reasonable amount”, and they found five percent in Renton to meet that “reasonableness” standard. It is important to note that the City is not required to ensure that any of the land is actually available for which a potential adult-oriented establishment would be eligible. It has been said that the City is “not required to play real estate agent” for such uses. Thus, if all eligible land is occupied and/or not for sale, that is the problem for the prospective business operator, not the city. As a result, the analysis is basely simply on a raw land area calculation, and any study of actually available real estate is unnecessary. When these ordinances are being considered or reviewed, a concern is often raised that the City is somehow encouraging adult entertainment uses to locate within the community. However, based on free speech jurisprudence, there is a presumption that such uses are allowed. As such, the City’s regulation is an attempt to restrict where those uses could go and protect sensitive land uses or individuals from their impacts. Existing Regulations District Allowance. Presently, principal adult uses are only allowed within the City’s I-2, Heavy Industrial Districts. There are five areas of the City which hold I-2 zoning designations as described below. The largest is the Xcel Energy power plant site located on the extreme west end of the City between Interstate 94 and the Mississippi River. The site overlays 549 acres of land. While the site is considered eligible for a principal adult use from a zoning standpoint, the land cannot be considered potentially available from a practical standpoint. Thus, the site shall not be considered “developable” for the purposes of this analysis. The second area is located south of Chelsea Road East and east of County Road 117. This area is characterized by typical industrial uses upon lots averaging approximately five acres in size. The area is bordered by light industrial uses on the north and east, by commercial uses on the west and by residential uses on the south. The area consists of approximately 111 acres of land. The third area is a single a single lot located south of Chelsea Road West and west of Dalton Avenue. The lot is currently occupied by Apple Valley Ready Mix and measures 14.7 acres in size. Finally, a triangular-shaped lot (having an I-2 zoning designation) is located east of Riverview Drive between Interstate 94 and the BN rail line. The lot measures 1.7 acres in size. 3 Not including the power plant site, 127.6 acres of I -2-zoned land exists in the City. This equates to 2.6 percent of the City’s total “developable” acreage. Opportunity Area. The City of Monticello covers 5,774 gross acres of land. However, not all of this is considered “developable”. To provide a realistic representation of actual “developable” land for principal adult uses, the following have been subtracted from the referenced total land area of the City: Xcel Energy power plant site (549 acres) Federal, State and County roads (240 acres) Subtracting the aforementioned property leaves 4,985 acres of “developable” land within the City. Of this “developable” total, approximately 128 acres are zoned I-2, Heavy Industrial (not including the power plant site). This equates to 2.6 percent of the City’s total developable land area. To mitigate possible adverse impacts upon sensitive uses, the Zoning Ordinance states that principal adult uses may not be located within 700 feet of the following: Residentially zoned property. Agricultural land located in the neighboring township or in the City that is guided for residential use. A licensed daycare center. A public or private educational facility (elementary, middle, junior high or senior high school). A public library. A church. Amusement places such as roller rinks, dance hall and bowling alleys. Liquor sales (establishments) When the 700 foot separation requirement (from sensitive uses) is applied to the eligible1-2 areas within the City, the opportunity area is reduced from 128 acres to 58 acres. On a percentage basis, this reduces the opportunity area from 2.6 percent (of the City’s total “developable” acreage) to just 1.2 percent. Thus, the City’s present opportunity area is significantly less than that suggested by the courts. Alternative Regulations. To address the noted opportunity area deficit, the following alternative regulations may be considered: A. Reduction of Separation Distance Requirement (in I-2 Districts). One alternative may be to reduce the 700 foot separation requirement applied to I-2 zoning 4 districts. As previously noted, the City’s present opportunity area totals 1.2 percent of the City’s developable area. The following is a summary of varied separation distances upon eligible I-2- zoned areas of the City: BUFFER DISTANCE ACRES PERCENT OF TOTAL 700 feet 57.7 1.2 500 feet 81.1 1.6 300 feet 99.1 2.0 100 feet 119.6 2.4 B. Allowance of Use within I-1 Districts and I-2 Districts. A second alternative is to make a further allowance for principal adult uses in the City’s I-1, Light Industrial Districts. Presently 251 acres of I-1-zoned property exist within the City There are two areas of the City in which hold I-1 zoning designations, each consuming approximately half of the total I-1-zoned property in the City. One area is located south of Interstate 94 and east of County Road 117 and borders the industrial park. A second area is located on the west end of the City south of Chelsea Road West, east and west of Dalton Avenue. If a 700 foot separation distance (from sensitive uses) were to be similarly applied to the City’s I-1 Districts, an additional 173.7 acres would be available for principal adult uses. This would increase the total opportunity area from 57.7 acres and 1.2 percent to 231.4 acres and 4.6 percent. C. Rezoning of Parcels from I-1 to I-2. A third alternative is to rezone some I-1 parcels to I-2 thereby making such properties eligible for principal adult uses. In review of the City’s zoning map and Land Use Plan, two alternatives have been examined. Option 1 - Fallon Avenue Area In this option, the I-1 zoned parcels located south of Chelsea Road East and east of Fallon Avenue have been considered for rezoning. If such parcels were rezoned from I-1 to I-2, the following opportunity areas would be provided according to separation distance requirement: BUFFER DISTANCE ACRES PERCENT OF TOTAL 700 feet 71.5 1.4 5 500 feet 86.2 1.7 300 feet 117.5 2.4 100 feet 136.9 2.8 Option 2 - Fallon Avenue and Dalton Avenue Areas Recognizing that the rezoning of the noted Fallon Avenue parcels (to I-2) would fall significantly short of the 5 percent opportunity area threshold suggested by the courts, additional I-1 properties which flank Dalton Avenue have also been considered for rezoning (to I-2). Specifically, lands located approximately 700 feet south of Chelsea Road West have been considered . If the Dalton Avenue parcels were also rezoned from I-1 to I-2 (in addition to the referenced Fallon Avenue parcels), the following opportunity areas would be provided according to separation distance requirement: BUFFER DISTANCE ACRES PERCENT OF TOTAL 700 feet 129.3 2.6 500 feet 146.3 2.9 300 feet 177.6 3.7 100 feet 197.0 4.0 Conclusion At 1.2 percent of the City’s total “developable acreage, the City’s existing adult use opportunity area is clearly less than the 5 percent opportunity area suggested by the courts. There are a variety of options available to the City to address this opportunity area deficit. The options examined as part of this analysis are as follows: A. Reduce the separation distance requirement in I-2, Heavy Industrial zoning districts. B. Allow principal adult uses within both I-1 and I-2 zoning districts. C. Rezone selected I-1, Light Industrial parcels to I-2, Heavy Industrial. A reduction to 700 foot separation distance currently applied in I-2 Districts will not approach the recommended 5 percent opportunity area. In this regard, it is important to note that no separation distance at all would equate to an opportunity area of only 2.6 percent. 6 If the City were to allow principal adult uses in both I-1 and I-2 zoning districts with the current 700 foot separation distance requirement, an opportunity area of 4.6 percent would result. Lesser separation distances were not evaluated as the 5 percent opportunity area would be achieved with the 700 foot requirement (lesser separation distances would likely result in opportunity areas greater than 5 percent). Rezoning selected I-1 parcels to I-2 would provide for greater opportunity areas, the degree of which would be influenced by the applied separation distance requirement. Summary As can be seen on the “Target Opportunity Area Map”, we would need to get to about 198 acres to be at 4.0%, and 222 acres to be at 4.5%. The two main areas of I-2 and I-1 shown on the map total 171.3 acres, leaving a deficit of 27-51 acres respectively, with a 100 foot buffer. There are a total of 54.5 additional acres available by maximizing the areas south of Chelsea on the west side, and including all lots without freeway frontage on the east side. Obviously, increasing the buffer would change the calculus by reducing the opportunity area throughout. If you have any questions regarding this material, please advise. Target opportunity area 4.5%: 222.0 acres 4.0%: 198.0 acres City Industrial Park, I-1 and I-2 areas southwest of gas line easement: 33.1 acres Oakwood Industrial Park area, N/S of Chelsea, E/W of Fallon Ave.: 138.2 acres Subtotal 171.3 acres