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Planning Commission Agenda Packet 03-05-1991AGENDA i REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 5, 1991 - 7:00 p.m. Members: Dan McConnon, Richard Carlson, Richard Martie, Cindy Lemm, Jon Bogart 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the regular meeting held January 8, 1991. 7:04 pm 3. Approval of minutes of the regular meeting held February 5, 1991. 7:06 pm 4. Public Hearing --A simple subdivision request to divide an existing residential lot and part of another existing residential lot into two residential lots. Applicant, Donald and Joan Doran. 7:21 pm 5. Continued Public Hearing --A conditional use request to allow used automobile/ light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation/94 Services. 7:36 pm 6. Continued Public Hearing --A variance request - allowing enlargement of a legal non -conforming structure or use. Applicant, Hoglund Transportation/94 Services. 7:45 pm 7. Tabled Public Hearing --Consideration of amendment to the Monticello Zoning Ordinance, Section 6-3, permitting accessory uses in an R-1, R-2, R-3, and PEM zone by adding "sale of items including automobiles, recreational vehicles, boats, and other equipment. Items sold limited to three items per property annually and limited to items owned by property owner." Applicant, City of Monticello. 7:56 pm S. Consideration of calling a public hearing on establishment of an ordinance amendment regulating adult land uses. Planning Commission Agenda March 5, 1991 Page 2 ADDITIONAL INMRNATION ITEMS 8:05 pm 1. Continued Public Hearing --A conditional use request to allow used automobile/light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation/94 Services. Council action: No action required, as the request did not come before them. 8:07 pm 2. Continued Public Hearing --A variance request to allow less than the minimum 4,500 square feet of sales and display area. Applicant, Hoglund Transportation/94 Services. Council action: No action required, as the request did not come before them. 8:09 pm 3. Follow up of the workshop conducted on regulation of adult land uses and the preparation of the official planning study. 8:11 pm 4. Set the next tentative date for the Monticello Planning Commission meeting for April 2, 1991, 7:00 p.m. 8:13 pm 5. Adjournment. MINUTES REGULAR MEETING — MONTICELLO PLANNING COMMISSION Tuesday, February 5, 1991 - 7:00 p.m. Members Present: Cindy Lemm, Richard Martie, Richard Carlson, and Jon Bogart Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Vice Chairperson Cindy Leaw at 7:02 p.m. Zoning Administrator, Gary Anderson, explained to Planning Commission members the January meeting minutes weren't done at this time but would be ready for the March meeting. Continued Public Hearing --Consideration of a conditional use request to allow used automobile/liaht truck sales in a B-3 ( hiahwav business zone. Applicant. Hoglund Transportation. AND 3. Continued Public Hearina--A variance request allowirnq establishment of an auto sales lot with less than the required 22,500 square feet of area; and consideration of a variance reauest allowing enlargement of a non -conforming structure or use. Applicant, Hoglund Transportation/94 Services. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Jenny and Gordy Hoglund • e conditional use and variance request to allow development of a used car sales lot. Mr. O'Neill explained the additional conditions which could be added to their conditional use request as follows: (1) no more than 10 care may be parked for sale at any one point in time; (2) four trees shall be planted east of the two garages on the site; (3) the conditional use permit requires common ownership of the property containing the office space and the site of the sales lot; (4) a culvert shall be installed under the drive leading to the Hoglund Transportation office. Said culvert shall have a minimum diameter of 15 inches. (5) the drive area in front of the bus storage facility shall be paved per attached site plan by October 15, 1992. Vice Chairperson Cindy Lemm then opened the public hearing. Gordy and Jenny Hoglund explained to Planning Commission members and the public the operation of Hoglund Transportation Page 1 0 Planning Commission Minutes - 2/5/91 since it was originally owned by Gordy's father and mother, Stuart and Arlene Hoglund, and operated as an international dealership also selling Thomas bodies. The proposed sales lot is proposed to be used for the sale of vehicles that' are repaired in their shop. To keep people employed year-round, the Hoglund's purchased damaged vehicles which are brought back to their shop, repaired, and put onto this proposed sales lot for sale to the public. Vice Chairperson Cindy Lemm then closed the public hearing. Discussion amongst the Planning Commission members centered around that they are sympathetic to the Hoglund's request fully realizing that the spirit of the ordinance would be met as the property was developed. The problem is that granting the variance would set a precedent. Therefore, they look for additional recommendations from the planner on a method for allowing the development to occur without setting a precedent. Motion was made by Richard Carlson, seconded by Jon Bogart, to table the conditional use and variance requests. Motion carried unanimously with Dan McConnon absent. Conduct workshop on regulation of adult land uses and begin preparation of official planning studv. Jeff O'Neill, Assistant Administrator, outlined the purpose of the workshop. O'Neill noted that regulation of adult land uses can only occur after careful examination of studies completed by other communities and only after careful application to the city of Monticello. He went on to note that the major objective of this meeting is to review studies conducted by other communities and determine if some of the findings might apply to the city of Monticello. The first item reviewed was (a) review report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses. The next item reviewed was (b) review studies conducted by other municipalities on the impact of adult land uses on adjoining land values; (1) City of Champlin, and (2) City of Rochester. The third item was (c) examine existing land use patterns and establish plans for locating and regulating adult land uses; (1) zoning ordinance amendments (land use district map amendments and zoning ordinance amendments), (2) public nuisance/obscenity law development, and (3) licensing requirements. Planning Commission determined that the potential harm to commercial and Page 2 0 Planning Commission Minutes - 2/5/91 residential neighborhoods resulting from development of adult land uses as demonstrated in a number of studies is sufficient to justify further study. Planning Commission reviewed potential strategies for locating adult land uses. After discussion, it was the consensus of the Planning Commission to obtain additional input from the City Planner. S. Motion was made by Richard Martie, seconded by Jon Bogart, to adjourn the meeting. The meeting adjourned at 9:44 p.m. Respectfully submitted, Gary Anderson Zoning Administrator I Page 3 0 Planning Commission Agenda - 3/5/91 4. Public Hearing --A simple subdivision request to divide an existing residential lot and part of another existinq residential lot into two residential lots. Applicant. Donald and Joan Doran. (G.A.) A. REFERENCE AND BACKGROUND: Donald and Joan Doran are proposing to subdivide an existing residential lot and part of another existing residential lot into two lots. The proposed lot subdivision would meet the minimum square footage requirement for a duplex, which is 12,000 square feet of land area, and would also meet the minimum lot width, which is 80 feet of lot width on a public right-of-way. The proposed simple subdivision of these two lots will require a separate document recorded with 12 feet of drainage and utility easements on the 6th Street and Maple Street sides of the lot, a 6 -foot drainage and utility easement on the west side of the lot to the adjoining property owner, and a 6 -foot easement also on the north side of the lot to adjoining property. Also, a separate document must be recorded that states the City will not be responsible for installation of an additional water service into the property. Also on a separate document would be an easement needed for the water stub which would go underneath part of a newly proposed subdivided lot. That easement width shall be 20 feet of easement. Also as part of this subdivision request, it must be recorded within 30 days of the next Monticello City Council meeting, which would be March 11, 1991. B. ALTERNATIVE ACTIONSt 1. Approve a simple subdivision request to subdivide an existing residential lot and part of another existing residential lot into two residential lots. 2. Deny a simple subdivision request to subdivide an existing residential lot and part of another existing residential lot into two residential lots. 3. Approve the simple subdivision request to subdivide an existing residential lot and part of another existing residential lot into two residential lots with the following conditioner a. The recording of the subdivision must occur within 30 days of the March 11, 1991, City Council meeting date. Planning Commission Agenda - 3/5/91 b. A separate document must be recorded indicating the drainage and utility easements, that being a 12 - foot easement on the south and east part of the lot and a 6 -Loot drainage and utility easement on the north and west part of the lot. C. A minimum 20 -foot easement must be recorded across the southerly portion of this subdivided lot covering the new water line that would be installed to the property on the northern portion of this subdivided lot. A separate document must be recorded stating that the City is not responsible for the installation of an additional water line to this property off of West 6th Street. C. STAFF RECOMMENDATION: Staff recommends approval of the simple subdivision request to subdivide an existing residential lot and part of another existing residential lot into two residential lots with the conditions as listed above in alternative i3. SUPPORTING DATA: Copy of the location of the proposed simple subdivieion; Copy of the site plan for the simple subdivision. A simple subdivision request to subdivide an existing residential lot and part of another existing residential lot 10 Into \� into two residential lots. Location is Block 10, Fast 16.5 feet of Lot 4 and all Lot 5, Original Plat Addition in the city of Monticello. \ Applicant: Donald and Joan Doran , „ 11 t.1. ^, 1 n I. •I/'4�/J7��,j/�/� ��t��[�['J�//j�/�/J ''Y%_; . � q � , . ✓t� • ��. SCI �J �O ��///n'»SJ� _ } 0 c �. ; CA- I. •� - w 4 I. _�. \� � I U/ Planning Commission Agenda - 3/5/91 5. Continued Public Hearinq--Consideration of a conditional use request to allow used automobile/light truck sales in a B-3 (highway business) sone. Applicant, Hoqlund Transportation. AND 6. Continued Public Hearing --A variance request allowinq enlarqement of a legal non -conforming structure or use. A�olicant, Hoglund Transportation. (J. O.) `5 C�FoIAA , 'I J5p A. REFERENCE AND BACKGROUND: V y b (, sI.0 d i� ce'd' Ckn.4 ' At the January meeting of the Ple ing Commission, the Planning Commission continued the mat er and requested that City staff investigate methods b which the proposed enlargement of the non -conforming use' could be accomplished without setting a negative precedent. Staff submits the following report in response to Planning Commission's request. VARIANCE REQUIRENENT CLARIFICATION After closer review of the ordinance, it appears that the development meets the lot size requirement of 22,500 square feet. This lot size minimum applies to the size of the parcel on which the sales lot is located and Is not intended to be the minimum size requirement for the actual automobile sales area. One of the conditions regulating sale of new and used automobiles requires 6,500 square feet of sales and display area excluding areas used for maintenance and repair. According to City Planner John Uban, the main structure and office area used exclusively for transportation related services and also used in conjunction with the auto sales activity meets the spirit of this minimum sales and display area requirement= therefore, no variance is required. He also noted that the small block buildings behind the auto sales area may confuse car buyers and give the impression of being the sales office. It appears that no variance is needed to any of the requirements that are associated specifically with the conditional use permit. On the other hand, a variance continues to be necessary to allow enlargement of a non- conforming use. Planning Commission was duly concerned about the potential precedont created by allowing the expansion and enlargement of a non -conforming use without the use complying with the ordinance or without a plan for future compliance. It was the Planning Commission's Planning Commission Agenda - 3/5/91 concern that to grant the variance allowing expansion of a nonconforming use would create a poor precedent. At the same time, the Planning Commission did not feel comfortable with a flat denial of the request. Staff was directed to develop a method for potentially allowing the development to occur without setting a bad precedent. Unfortunately, according to the City Planner and according to the City Attorney, there is no way to prevent a precedent created by allowing the expansion to occur without compliance or without a specific plan for compliance with the ordinance. I informed Gordy Hogland of this problem, and he noted that he would be willing to participate in an agreement which outlined general goals for improving the property. In this agreement, he did not wish to identify specific timetables or designate specific parking and drive areas to be paved. This is because he does not wish to pave certain areas if such areae will become used for another purpose in the future. I mentioned to him that the Planning Commission may accept this agreement in principle to bring the site up to code. On the other hand, according to the City Attorney, this general agreement or letter of intent is not sufficient, and a specific timetable outlining specific areas to be improved needs to be developed in order to eliminate the need for the variance. SITE PLAN REVIEW (no new info.) The site plan presented calls for development of a sales lot in front of an existing garage. The lot would have the capacity to store approximately ten care. The lot is to be designed to City standards, including use of curb and bituminous paving. The curb line will be set back a minimum of 10 foot from the Comfort Inn parking/drive curb line. The plan also calls for reservation of two customer parking spaces associated with auto sales. Four trees will be planted along the eastern perimeter of the site near the sales lot per the attached site plan. In addition, Hoglund will be installing a culvert under the drive that leads to the Hoglund offices. Installation of the culvert will eliminate the potential of flooding of the parking area and will allow water originating to the east of the site to be conveyed along the ditch right-of-way to a private drainage owalo located along the western boundary of the Hoglund property. This drainage Swale convoys water Planning Commission Agenda - 3/5/91 directly to the freeway ditch. In addition to providing the culvert, Hoglund has agreed to provide the City with storm water easement over the private drainage Swale mentioned above. Some changes are also proposed for the existing site to bring it into closer compliance with the ordinance. The drive area in front of the existing bus storage area at the east side of the site will be paved. See the site plan for detail. Hoglund proposes to pave this area in 1992. In sum, Planning Commission appears supportive of the proposal with conditions noted under alternative #1; however, there Is hesitation to approve the plan without a plan for reducing or eliminating existing non -conforming areas. The existing site plan is not consistent with the City ordinance as follows : 1. There is sufficient parking area for all full and part-time employees; hos+ever, much of the parking area is used for outside bus storage. Some drive areas are not paved and do not have curb systems. The existing landscaping includes numerous trees located in one general area. Technically, it appears that there are a surficient number of trees on the site; however, they are all located in one or two areas and may not sufficiently satisfy the intent of the ordinance . Following are excerpts from the ordinance relating to the variance that is needed that applyt 3-1s NON -CONFORMING BUILDINGS, STRUCTURES, AND USESr (A] PURPOSE1 It is th0 purpose of this Section to provide for the n3gul ation of non -conforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures, and uses will be operated and maintained. The zoning ordinance establishes separate distrLcts, each of which is an appropriate area for the location of uses which are permitted in that district. It is neceseary ars4 consistent with the establishment of tbese districts that non— conforming buildings structures, and uses not be permitted to coiltlrsue without restriction. F'urt'hermore, it as thes intent of thle section that all non-conlosa;ing uses shall ae eventuafly brouaht imo conformity. Planning Commission Agenda - 3/5/91 (B) Any structure or use lawfully existing upon the effective date of this ordinance shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. Planning Commission needs to determine to what extent it wishes to hold fast to the stated goal of bringing all non- conforming uses into conformity. According to the City Planner and the City Attorney, there is no bona fide grounds for a variance in this case, and allowing enlargement without compliance to existing codes or without a plan for compliance over time will create a poor precedent. Hoglund has indicated that he is willing to prepare a general agreement or letter of intent to make improvements over time. This agreement will not sufficiently mitigate the precedent according to the City Attorney. B. ALTERNATIVE ACTIONS: 1. Notion to approve the conditional use permit allowing new and used automobile/light truck sales and display subject to the following conditions. Conditional use permit subject to the following conditions: ORDINANCE REQUIREMENTS 1. The enclosed principal use is a minimum of 4,500 square feet, excluding the area used for mechanical repair and reconditioning. 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 [O), of this ordinance (does not apply because residential use is actually on the site, not abutting "R" district). 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 (H), of this ordinance. 4. The outside sales and display area shall be hard surfaced. 6 Planning Commission Agenda - 3/5/91 5. The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement; shall comply with Chapter 3, Section 5, of this ordinance (parking design requirements); and shall be subject to the approval of the City Engineer (curbing must be installed). 7. There to a minimum lot area of twenty-two thousand five hundred (24,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. ADDED CONDITIONS SUGGESTED BY STA" 11 . No more than ten cars may be parked for sale at any one point in time. 12. Four trees shall be planted east of the two garages on the site. 13. The conditional use permit requires common ownership of the property containing the office space and the Bite of the sales lot. 14. A culvert shall be installed under the drive leading to the Hoglund Transportation office. Said culvert shall have a minimum diameter of 15 inches. 15. The drive area in front of the bus storage facility shall be paved per the attached site plan by October 15, 1994. Under this alternative, the development would be allowed to occur. This alternative assumes that Hoglund is willing to enter into an agreement outlining specific action to be take over time to bring the existing site up to code. This alternative will not establish any negative precedents so long as the agreement is in place. 7 { Planning Commission Agenda - 3/5/91 2. Notion to deny said conditional use permit variance requests based on the finding that: If Hoglund is not willing to establish a specific plan for bringing the existing site up to code, then this alternative should be selected. The reasoning for this alternative could be stated as follows. 1. Approval of the conditional use permit would impair the intent of the regulations governing expansion of lawful non -conforming uses. No hardship exists with regards to the variance request= therefore, the request must be denied. If the applicant is unwilling to agree to correcting items and if the Planning Commission views the precedent set with concern, then this alternative should be selected. Under this alternative, the applicant would not be able to develop at this site in the manner proposed. C. STAFF RECOMMENDATION: The City Attorney has recommended denial of the variance and associated conditional use permit until a binding agreement can be arrived at that addresses the existing areas of nonconformity. To do otherwise would create a precedent that would allow other legal or "grandfathered" non -conforming uses to expand without first complying with the zoning ordinance. It does not look like such an agreement will be in place by meeting time. Planning Commission may wish to grant an approval subject to development of an agreement that satisfies the City Attorney. D. SUPPORTING DATA: See site plan submitted with previous agenda. 0 * M1 CrosshatchOWOved TraW A \ Solid Beck-paved AreasIpavedWb RedWOW Paved Areas L IN, �ti • ' @ Planning Commission Agenda - 3/5/91 7. Tabled Public Hearing --Consideration of amendment to the Monticello Sonina Ordinance, Section 6-3, Dermittina accessory uses in an R-1, R-2, R-3, and PSM sone by adding "sale of Items including automobiles, recreational vehicles, boats, and other eauipment. Items sold limited to three items per property annually and limited to items owned by property owner." Applicant. City of Monticello. (J.O.) A. REFERENCE AND BACKGROUND: At the public hearing held in January regarding this item, Planning Commission continued the public hearing and directed staff to contact property owners that are known to frequently use their residential property to display items for sale. Planning Commission wanted property owner comments on a proposed ordinance further defining and regulating use of residential land for such purposes. Nine property owners have been notified of the meeting. Their names and addresses are attached. The following agenda supplement is simply a copy of the January supplement. 9 Letters sent to following owners: Bob and Val Somerville 213 East River Street Monticello, MN 55362 Linn Jensen 319 East Broadway Monticello, MN 55362 Ann Lindberg 99081 - 107th Ave. N. Maple Grove, MN 55369 Timothy Witchen 612 West 5th Street PO Box 744 Monticello, MN 55362 Leslie i.arson Rural Route 4, Box 186 Monticello, MN 55362 Julia Finley 408 S. Kline St. Aberdeen, SD 57401 Douglas and Justin Dahlheimer 925 East Broadway Monticello, NN 55362 Helen Wulf 1001 Hart Boulevard Monticello, MN 55362 Gene Jestue 548 East Broadway Monticello, MN 55362 0 Planning Commission Agenda - 1/8/91 <. 8. Public Hearing --Consideration of amendment to the Monticello Zoning Ordinance, Section 6-3, permittinq accessory uses in an R-1, R -2t R-3, and PZM zone by adding "sale of items includinq automobiles, recreational vehicles, boats, and other equipment. Items sold limited to three items per property annually and limited to items owned by property owner." Applicant. City of Monticello. (J.O.) A. REFERENCE AND BACKGROUND: Planning Commission is asked to consider establishing an amendment that limits the ability of property owners to utilize residential property as an "open sales lot." This request stems from complaints that certain residential property areas are being used for commercial purposes as open sales lots, thereby diminishing the residential character of the neighborhood. The articles "for sale" on such residential properties include vehicles, boats, lawn mowers, and other items. Open sales for strictly commercial purposes on residential property is not allowed and should be confined to the business zones. At this time, there are five sites where the problem appears to be occurring. They are located at the following addresses: 213 East River Street, 409 East Broadway, 825 East Broadway, 925 East Broadway, and 1001 Hart Boulevard. The purpose of this amendment is to specify what type and how many items may be sold from residential property. Any sales above and beyond what is noted would be considered use of the property for commercial purposes and, therefore, a violation of ordinance. Following is the section of the ordinance to be amended with the actual amendment underlined. CHAPTER 6 "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT 6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "R-1" district: [A) Private garages, parking spaces, and car ports for licensed and operable passenger cars and trucks not to exceed a groes capacity of nine thousand (9,000) pounds as regulated by Chapter 3, Section 5, of this ordinance. Private garages are intended for use to share the private passenger vehicles of the family or families resident upon the premises, and in which no business, service, or Industry is carried on. Such space can be rented to non- residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers, or equlpmont if sufficient off-street parking In full compliance with this ordinance is provided 12 Planning Commission Agenda - 1/8/91 elsewhere on the property. Such garage shall not be used for the storage of more than one (1) commercial vehicle owned or operated by a resident per dwelling unit. [B) Recreational vehicles and equipment. [C) Home occupations. [D] Non-commercial greenhouses and conservatories. (E] Swimming pool, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. (F] Tool houses, sheds, and similar buildings for storage of domestic supplies and non-commercial recreational equipment. (G] Boarding or renting of rooms to not more than one (1) person. (H] Limited open sales: Allowing sale on a limite. basis of items accessory to private residential use of land including but not limited to, automobiles. recreation vehicles, lawn and qarden eauipment, boats, and other eguloment. Accessory use of property as a limited open sales lot shall conform to the following requirements: G 1. No more than a total of five items Dor site l�h may be advertised for sale Der veer. Z. No more than one item can be disolaved for sale at anv one time. 3. Individual items may not be diaDlaved for sale for more than 30 dave Der veer. 6. Items sold are limited to articles owned by individuals that make their primary residence at the limited open sales site. 9. Sale items may not be Dlaced on a Dublic richt-of -way. 6. one sign not exceeding two sauare feet in area advertising sale item is allowed without permit. Said elfin must be placed within o. attached to eels Item and shall not be free- standing. 13 1 Planning Commission Agenda - 1/8/91 Enforcement of this ordinance would require that City staff maintain a record of sale activities at residential sites based on casual observation. Staff would make a point to notify property owners in advance of the open sales limitations. B. ALTERNATIVE ACTIONS: 1. Motion to adopt proposed amendment to the zoning ordinance establishing limited open sales as an accessory use in residential zones. Under this alternative, the Planning Commission would adopt the amendment based on the finding that sales activity allowed on private residential property needs to be regulated in order to properly protect the character of residential areas. The proposed amendment will contribute to the ability of the City to regulate such sales; therefore, the ordinance amendment should be approved. If this alternative is selected, City staff will begin to document sale activity on private residential property and will notify those property owners that commonly use their property as a sales site of the new limitations. Notion to deny adoption of proposed amendment to the zoning ordinance. If Planning Commission does not agree that a present or future problem exists with regards to this issue, or if the amendment does not clearly address the issue, this alternative should be selected. It should be noted that none of the property owners that use their residential property as sales lots were individually notified of the proposed ordinance amendment. A case could be made for continuing this item until property owners affected are notified. C. STAFF RECOMMENDATION: Staff recommends that Planning Commission select alternative tl. There are many homes in residential zones along highly traveled routes. This ordinance would eliminate the temptation of using these residential properties as sales lot, thereby protecting the residential value of adjoining properties. It seems to make sense to take action to limit a mild problem that will not likely go away. D. SUPPORTING DATA: None. Planning Commission Agenda - 3/5/91 S. Consideration of callina a public hearing on establishment of an ordinance amendment reaulatina adult land uses. (J.O.) A. REFERENCE AND BACKGROUND: At the previous meeting of the Planning Commission, the constitutional issues pertaining to regulation of adult land uses was discussed, and a number of planning studies completed by other communities were reviewed. A review of the evidence discovered by other communities regarding the impact of adult land uses led to a discussion of potential need to regulate the placement of adult land uses. After reviewing the zoning map, Planning Commission requested that City staff discuss the issue with the City Planner and report back. In response to the Planning Commission's request, I met with the planner and have developed a potential method for regulating placement of adult land uses. Adult land uses would be allowed as a conditional use in I-2 zones and must be located at least 800 feet from the following land uses: —Any public or private recreation area —Churches —Day care facility —School property —Establishment where liquor is sold —Land used or zoned for residential use —Land designated for residential use in the comprehensive plan of the City —Other? According to the proposal above, adult land uses could occur in two areas within the community. These areas are noted on the attached maps. B. ALTERNATIVE ACTIONS: Motion calling for a public hearing on establishment of an ordinance amendment regulating adult land uses, public hearing to be conducted at the April meeting of the Planning Commission. Under this alternative, the Planning Commission finds that there is sufficient evidence to Justify further study and it is appropriate at this time to call for a public hearing on establishment of an ordinance amendment regulating adult land uses. In addition, Planning 10 Planning Commission Agenda - 3/5/91 Commission is asked to comment on the proposed strategy for regulating placement of the adult land uses. If this alternative is selected, City staff will complete the planning study and generate a resolution outlining potential findings. In addition, a proposed ordinance amendment will be presented. Z. Notion to terminate further study of the issue. If the Planning Commission does not believe the evidence is sufficient to support a finding that adult land uses should be regulated, then this option should be selected. C. STAFF RECONNENDATION: Staff recommends alternative 01. It is our view that the evidence of potential harm to neighborhoods may be sufficient to support a finding that adult land uses deserve regulation. D. SUPPORTING DATA: Naps outlining areas where adult land uses would be allowed to be located as a conditional use. it] ;Cqt)o PZ-M NO. 94 - % S - — -- . - -- I - . -� 7- t '01 133 R3